1995-160-Approving Plans To Demolish An Existing Commercial Structure And To Construct An Approximately 28,000 Square Foot Retail Store In The CH ZoneRESOLUTION 1995 - 160
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION APPROVING PLANS
TO DEMOLISH AN EXISTING COMMERCIAL STRUCTURE AND TO CONSTRUCT
AN APPROXIMATELY 28,000 SQUARE FOOT RETAIL STORE IN THE CH ZONE
ARCHITECTURE AND SITE APPLICATION S -95 -9
AND NEGATIVE DECLARATION APPLICATION ND -95 -2.
PROPERTY LOCATED AT 15166 LOS GATOS BOULEVARD.
PROPERTY OWNERS: CHARLES CARMICHAEL /OFFICE DEPOT.
APPLICANT: MARK THIEME ARCHITECTS.
APPELLANT: MARK BRODSKY.
WHEREAS:
A. This matter came before the Council for public hearing on October 16, 1995, on
an appeal from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law. The matter was continued to the Council meeting of
November 6, 1995, for further refinement of the design details by the applicant.
B. The Council received testimony and documentary evidence from the property
owners, appellant, the owners and operators of McWhorter's who filed an appeal after 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
Reports dated October 13, October 16, November 2, and November 6, 1995, concerning this
application.
C. Town of Los Gatos Town Code § 29.20.300 requires that any decision to
reverse or modify a decision of the Planning Commission requires the vote of at least three
Councilmembers.
D. The Negative Declaration dated June 20, 1995, prepared for the Town
presented a Transportation Impact Report that provided actual traffic counts involved in the
1
application. Those traffic counts showed that whether projections of traffic suggested by
either the traffic consultant or others, such as McWhorter's, are used in evaluating the
project's effect, the increase in traffic could not have a significant effect on the environment,
and the level of service of the key intersections will remain unchanged.
E. The proposed project is an important first in testing the architectural standards
and needs of Los Gatos Boulevard, and it is important that the Town sustains high
architectural values and standards. In addition, the applicant agreed to reduced sign height and
sizes at the Planning Commission to make the project more attractive.
F. The proposed project is widely supported by its residential and business
neighbors and will replace an abandoned and problem structure.
G. The proposed project should bring more people to the Boulevard and increase
the vitality of business on the Boulevard, including the automobile dealerships which support
this application.
H. The location for the project seems to be right for the proposed use and size,
particularly with regard to its proximity to Highway 85 and the more intensive uses indicated
in the Town General Plan and studies for the Boulevard Plan including the charette.
I. The architectural style is consistent with the history of the Town while
remaining a modern structure, and is reminiscent of a Mission Revival style. The reduced
height approved by the Commission makes the design more consistent with this historical style
as reflected in the photographs presented at the hearings. The minor redesign requested by the
Council to address the wall panels on the west elevation, and the detailing of the north and east
walls should enhance the building's acceptance. The condition of address identification agreed
to by the applicants should also enhance its status as part of the Boulevard.
J. Condition of approval #19 regarding traffic impact mitigation fees should be
modified to reflect the correct number of estimated additional daily trips.
K. The efforts of the applicants and property owners, the neighbors and businesses,
and the Planning Corn mission have resulted in an attractive, workable design.
L. It does not appear that the Planning Commission erred in its decision.
2
RESOLVED:
1. The appeals of the decision of the Planning Commission on Architecture and
Site Application S -95 -9 and Negative Declaration Application ND -95 -2 are therefore denied.
2. The Negative Declaration Application ND -95 -2 and the accompanying
mitigation monitoring plan is approved and adopted.
3. Architecture and Site Application S -95 -9 is approved pursuant to the finding of
the Council in this resolution and the findings of the Planning Commission made on September
13, 1995, subject to the conditions contained in Exhibit A hereto and the plans submitted by
the applicant pursuant to the design attached as Exhibit B hereto.
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of
Los Gatos. Any application for judicial relief from this decision must be sought within the
time limits and pursuant to the procedures established by Code of Civil Procedure section
1094.6, or such shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20th day of November, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF TOWN OF S GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS OS
LOS GATOS, CALIFORNIA
3
EXHIBIT A
CONDITIONS OF APPROVAL
OF ARCHITECTURE AND SITE APPLICATION S -95 -9
AND NEGATIVE DECLARATION APPLICATION ND -95 -2
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
A tree removal permit shall be obtained prior to the issuance of any permits.
The location and screening of all ground mounted utility boxes of any type, fire
suppression devices and backflow systems shall be approved prior to any permits
being issued and shall be shown on the final plans.
A noise study shall be submitted to determine the adequacy of the screening of all roof
mounted mechanical equipment and an appropriate roof mounted screening and noise
buffering plan shall also be submitted.
4. The freestanding sign shall be no greater than 15 feet high, each face shall be no
greater than 100 square feet and have total area of 200 square feet. Only one
freestanding or ground sign is permitted.
5. The standing seam metal roof on the front and the two towers shall be replaced with
lightweight tile.
6. The height of the front parapet shall be no greater than thirty feet (30')
7. The height of the letters on the sign at the front parapet shall be no more than four (4)
feet.
8. The banding detail on the north and east elevations shall be consistent with the banding
on the west elevation.
9. The exterior white - colored block to be used in the building construction shall be
Basalite W -1 (white with gray aggregate) as presented at the November 6, 1995
Council meeting.
10. The "Welcome to Los Gatos" lettering at the node shall be eliminated.
A -I
11. The address and street name shall be prominently displayed on the face of one of the
planters.
(Engineering Section)
12. Final grading, drainage, retaining wall, driveway, utility, traffic signal modification
and public improvement plans shall be submitted separately to the Engineering Section
of the Planning Department.
13. A Grading Permit will be required for the construction of the new parking lot.
14. All fees, as applicable, are to be paid before issuance of any permits.
15. A well information questionnaire (available through the Counter Technician) shall be
completed.
16. The following improvements shall be guaranteed by contract, Faithful Performance
Security and Labor & Materials Security, and completed before the occupancy of any
new building:
a. Los Gatos Boulevard. Curb, gutter, sidewalks, signing, striping, storm and
sanitary sewers, as required.
b. Los Gatos Boulevard /Lark Avenue Traffic Signal Modification. Modify signal
to include driveway as fourth leg, including detector loops and removal of
median island signal pole, if appropriate, and replace all existing incandescent
red signal lights with red LED signal lights.
17. All documents, contracts, security, and fees, as applicable, are to be provided before
the issuance of any building permits.
18. Insurance holding the Town harmless is to be provided before the issuance of any
building permits.
19. Payment of a Traffic Impact Mitigation fee based on the Town Council Resolution in
effect at the time the fee is paid for 424 additional daily trips. Current fee would be
$30,840.
20. A detailed geologic and geotechnical report shall be completed.
A -2
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE SERVICES:
21. The large Cedars, Redwoods and London Plane trees proposed for planting in the front
of the building are required to be strategically placed in conjunction with the final
approvals of the landscape architect and this department prior to planting.
22. Any pruning needed to the existing Redwood on the adjacent property is required to be
completed by a competent Arborist and arrangements made with the property owner
prior to building permits being issued.
23. All impervious surfaces encroaching under the dripline of existing trees shall have
aeration tubes installed.
24. No construction or grading shall take place within the dripline of existing trees.
25. A five year tree maintenance agreement shall be entered into.
26. A minimum of three 48 inch box Redwood trees shall be planted to mitigate the
removal of the large existing Redwood shown on the plans.
27. A final landscaping plan shall be submitted prior to any building permits being issued.
Additional Redwood trees will be required to be planted on the perimeter of the site to
replace the Eucalyptus trees that have fallen.
28. Existing trees shall be put in a maintenance program and recommendations by the
Town will be followed to preserve these trees. These trees requiring pruning and
fertilization must be monitored by the Arborist prior to and during construction.
29. All newly planted landscaping shall be irrigated by an in- ground irrigation system.
Special care shall be taken to avoid irrigation which will endanger existing native trees
and vegetation.
30. Existing trees shall be protected prior to and during construction by measures subject to
approval by this department. Prior to any building permits being issued, the applicant
shall meet with the Parks Superintendent concerning the need for protective tree
fencing around existing trees. Such fencing is to be installed prior to and be
maintained during construction.
31. This landscape is required to meet the Town of Los Gatos Water Conservation
Ordinance. When the working landscape and irrigation plans are submitted for review,
a fee will be required based on current Town resolution. The current fee is $470.
A -3
32. All new trees shall be planted prior to final occupancy and shall be double staked using
rubber tree ties.
33. Any trenching within the dripline of existing trees shall be hand dug.
34. All existing trees listed on the plan are specific subjects of this approval and must
remain on the site.
35. The planting plan shall be reviewed to ensure that an adequate number of landscape
trees are provided and as many existing trees are retained as possible to provide desired
screening between existing and proposed residential units. In particular, tree screens
should be planted along the frontage of the property to provide the visual impact
required by the Los Gatos Boulevard Study.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
36. Any sections of curb, gutter and sidewalk along the frontage of this property that are
currently broken or raised, or any sections damaged during construction, are to be
replaced.
37. Sanitary sewer laterals are to be televised by West Valley Sanitation District and
approved by the Town of Los Gatos.
38. A sanitary sewer lateral clean -out is to be installed at the property line.
39. The applicant shall recycle as much of the demolished buildings as possible and submit
receipts from the recycle company(s) which species type and weight of material turned
into to be recycled prior to the demolition inspection.
40. A certified asbestos consultant shall conduct a survey of the building prior to
demolition activities.
41. Contact Bay area Air Quality Management District (415- 771 -6000) and complete their
process as necessary before obtaining a demolition permit.
42. A demolition permit shall be obtained from the Town Building Department. The
demolition permit could include additional dust mitigation measures than listed here.
43. The demolition contractor shall use water to control dust as they tear down structures.
Suspend demolition activities when winds exceed 25 miles per hour.
IE1
44. A soils report and foundation design recommendation shall be prepared by a licensed
civil engineer specialized in soils mechanics.
45. A pad certificate prepared by a licensed civil engineer or land surveyor shall be
submitted to the project inspector upon foundation inspection. The certificate shall
address that the building pad and retaining wall location and elevations are prepared
according to approved plans.
46. At the time of final plans, a specific lighting plan showing the type, size and location of
lights, and an intensity diagram showing foot candles and dark areas shall be provided.
Provide low height fixtures at the rear of the property to insure 24 hour lighting of the
parking area.
47. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary.
48. All conditions of approval shall be included on the cover sheet of construction plans
submitted for building permit.
49. The maximum size of construction plans submitted for building permits shall be 24 in.
x 36 in.
50. The construction plans for this project shall be prepared under direct supervision of a
licensed architect or engineer.
51. The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program
specification sheet shall be part of plan submittal. The specification sheet (size 24"
36 ") is available at the Building Department service counter.
52. 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
C) Your project school district certificate of approval from the Los Gatos School
District: 395 -5570
School district forms are available from the Town Building Department
d) County Health Department: 299 -6060
53. Operation of heavy equipment shall be during daytime working hours.
A -5
54. The project shall include appropriate acoustic shielding around roof - mounted HVAC
equipment. HVAC equipment is capable of generating high noise levels. Because the
noise wall would be too low to attenuate from the HVAC system, a noise barrier shall
be constructed around noise - generating pieces of equipment.
55. Equipment used for project construction shall utilize control techniques (improved
mufflers, equipment redesign, use of silencers, ducts and mufflers) in order to
minimize construction noise impacts.
56. Construction noise shall be minimized by requiring the project contractors to agree
with the following measures:
a. Use of state -of- the -art muffling techniques and equipment;
Selection of quieter procedures such as drilling rather than using impact
equipment;
Use of quiet machines;
d. Elimination of unnecessary idling of equipment; and
e. Simultaneous operation of different pieces of noise - producing equipment shall
be avoided.
57. Prior to demolition of the existing building, building materials shall be sampled and
analyzed for the presence of asbestos. The survey shall be completed by a certified
asbestos specialist and appropriate measures regarding removal of all identified
asbestos - containing materials in any identified building shall be performed by a
licensed and registered asbestos abatement contractor and shall be disposed of at a
landfill permitted to accept asbestos. The asbestos report shall be submitted to the
Town prior to issuance of the demolition permit. In addition, the applicant will be
required to obtain clearance for asbestos removal from the Bay Area Air Quality
Management District prior to issuance of a demolition permit.
58. The contractor shall review appropriate requirements to ensure proper implementation
of mitigation measures related to building demolition and proper transport /disposal of
any identified on -site hazardous materials. The contractor must demonstrate
compliance with these measures prior to issuance of the final building permit.
59. Remove monitoring wells pursuant to Phase I environmental assessment's remediation.
A -6
60. Notify the Town's Building Department of building materials with asbestos and include
this asbestos information within the demolition permit. Demolition contractors shall
use standard procedures for removal and disposal of materials identified to contain
asbestos pursuant to the demolition permit.
61. Notify the BAAQMD 10 days prior to demolition.
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT:
62. Final plans shall indicate the location of an on -site fire hydrant which will provide a
minimum flow of 1,500 gallons per minute (gpm) at 20 psi residual pressure. A 4 -way
fire department connection shall be provided at the entrance to the project.
63. The building shall be equipped with an automatic fire sprinkler system throughout.
The system would conform to NFPA 13.
64. Automatic fire sprinkler system valves and water flow detection devices shall be
monitored by an approved alarm central station and shall be noted on final development
plans.
65. The required 20 foot side setback along the side of the building shall not to be used for
storage purposes and this shall be clearly noted on the plans.
66. Provide a note on the final plans that an approved fire department key (Knox) box will
be provided.
67. Information regarding the method of storage of stock and materials within the store
shall be provided. Arrangement and maximum height of storage shall be included.
68. Final plans shall include a plan for the labeling and striping of "No Parking -Fire
Lane ".
A -7