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1989-115-Approval Of A One Year Time Extension To Previous Approvals Granted To Permit A Private School Within Existing School Facilities, Approving The Extension And Modifying The Conditions Of ApprovalRESOLUTION NO: 1989 -115 RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF A ONE YEAR TIME EXTENSION TO PREVIOUS APPROVALS GRANTED TO PERMIT A PRIVATE SCHOOL (UNIVERSITY LEVEL) WITHIN EXISTING SCHOOL FACILITIES, APPROVING THE EXTENSION AND MODIFYING THE CONDITIONS OF APPROVAL WHEREAS: A. Douglas Lincoln has appealed a decision of the Planning Commission as follows: approval of a one year time extension of previous approvals granted to permit a private school (University Level) within existing school facilities on property located at 17975 Foster Road by property owner Kang Ming He (Conditional Use Permit Application U- 84 -6B); and B. A public hearing was held by the Town Council on November 7, 1988 December 19, 1988, February 6, 1989, April 3, 1989 and May 15, 1989; and C. On April 28, 1989 the Superior Court of Santa Clara County held that there was not substantial evidence to require a supplement to the Environmental Impact Report previously certified as complete by the Town Planning Commission on April 9, 1986. BE IT RESOLVED: A. The Town Council hereby finds that the Planning Commission decision to grant the time extension of the conditional use permit without modifying any of the conditions was in error as follows: 1. The Council has new information that was not available to the Commission. 2. Even though some of the "new information" was presented at the Commission's public hearing, the Commission had neither the resources nor the time to confirm the information that was presented. The Commission was required to act before October 6, 1988 by Section 5.30.150 of the Zoning Ordinance. B. The Town Council hereby further makes the following findings pursuant to Town Zoning Ordinance Section 5.30.150: 1. No evidence or testimony was presented before the Planning Commission or the Town Council that there is any legal impediment to granting a new application for the same approval. 2. New facts concerning the proposed project have been presented as set forth below and the conditions originally applied and new conditions to be applied are hereby adapted to the new facts: a. Since the approval of the conditional use permit in October 1986, the Midpeninsula Open Space District preserve located adjacent to Applicant's property has been opened to the public for recreational uses. The building of a public road 30 feet in width on that property is inconsistent with the public usage given the new information about the feasibility of another access route to the Applicant's property from Highway 17. (See Conditions 4, 7, 8, 13, 18 and 20). b. Evidence and testimony presented to the Town Council by the Citizens for the Preservation of Saint Joseph's Hill and the Consultant retained by the Town to analyze the feasibility of the Limekiln alternative access road have provided the Town Council with sufficient information to conclude that the Limekiln alternative is feasible and that an 18 foot private access road along that alternative alignment is appropriate. (See Conditions 18, 20 and 48). c. The Los Gatos area is experiencing the third year of drought conditions and modification of the conditions is necessary. (See Conditions 24, 37 and 59). d. Since the granting of the conditional use permit in 1986, the Town has developed more protective tree standards to provide for the preservation of trees within the Town. (See Condition 62). e. Evidence was presented that asbestos is present in the serpentine rock located along the Alma Bridge Route road bed. The Limekiln alternative road route also traverses serpentive rock. (See Condition 28). f. In 1987 the County determined to undertake a feasibility study of the alternatives analysis of interchange locations for the -2- Lexington Interchange and environmental studies related thereto. The burden of traffic impact from Applicant's projects justifies his participation in the alternative analysis and environmental studies. (See Condition 16). g. By letter dated October 31, 1988 CalTrans indicated that no mitigation measure other than an interchange would mitigate the significant environmental impact CalTrans had identified in the EIR. Recent CalTrans information indicates an interchange will not be completed until 1995. Therefore, original condition 3 has been modified. (See Condition 17). h. Testimony presented during the public hearing indicated that some of the storm drain facilities as designed for the Alma Bridge alternative would increase the chances of erosion rather than prevent it. (See Conditions 29, 30, 31 and 48). i. The review of Applicant's final plans for the previously approved Alma Bridge road alignment indicated significant changes from the road studied in the EIR. Instead of removal of 110,000 cubic yards of soil, current engineering plans show removal of 44,000 cubic yards, using the remainder to increase fill contrary to conditions of approval; removal of 466 trees instead of between 77 and 90 trees; and significant visual impact because the crowns of trees located on the downhill slope would no longer screen the road due to the increased fill along the edge of the road. (See Conditions 18 and 20). C. The Town Council hereby further finds that since Zoning Ordinance Section 5.30.150 limits time extensions to one year or less, due to the amount of time that has transpired since the decision of the Planning Commission, it is appropriate for the Council to uphold the Commissions grant of time extension from October 1988 to October 1989 and consider the extension for an additional year to 1990. D. The Town Council hereby further finds that each identified significant environmental impact identified in the Environmental Impact Report can be mitigated as set forth in Exhibit A attached hereto except for the necessary changes or alterations with respect to the intersection of Alma Bridge Road and Highway 17. The intersection is within the jurisdiction of the State Department of Transportation (CalTrans) and the Town has no authority -3- over said intersection. Condition 17 is intended to mitigate the identified impact; however, if the condition does not, then the Town Council hereby makes the following statement of overriding considerations: the Town has balanced the benefits of the project against its unavoidable environmental risk and has determined that the adverse environmental effects are acceptable for the following reasons: 1. A college operating under the terms of the approvals granted under this application is the preferred use for the site and the Town wants to encourage that use to proceed. 2. CalTrans has plans to improve the intersection and the Town reasonably believes that those plans will be carried out especially if the college assists in the studies with the contribution required by Condition #16. 3. Foster Road is currently the only vehicular access to the site. Foster Road is a hillside road substandard as to width, pavement surface, grade and curve radii. In addition, traffic using Foster Road must use Loma Alta or Alpine to access Main Street /Los Gatos Boulevard. These are both residential streets which cannot accommodate additional traffic. The intersection of Los Gatos Boulevard and Saratoga Avenue which would be the most logical route from Highway 17 to the College is operating at a level of service that exceeds its capacity. In allowing the use of the site as a college, the Town is committed to keeping traffic off Foster Road because of the adverse impacts that traffic would cause on that road and the streets leading to Foster Road. In order to accomplish this the traffic must be diverted onto an alternative access road which will intersect with Highway 17 as specified in the Town's General Plan and the Hillside Specific Plan. 4. Recognizing the safety problems relating to the Highway 17 /Alma Bridge Road intersection, the Town included Conditions 6, %, 8, 9, 10 and 42 in the original approval, (now Condition 5, 6, 8, 9, 10 and 13) but these were not sufficient to mitigate the safety impact without Condition 3 (now Condition 1 7). E. The Town Council hereby makes the following findings as required by Section 5.20.210 of the Town Zoning Ordinance for the granting of a Conditional Use Permit: -4- 1. The proposed uses of the property are essential or desirable to the public convenience or welfare because the proposed college will be using an existing facility and it is consistent with the original use of the property. 2. The proposed uses will not impair the integrity and character of the zone because the original use was a college and the improvements proposed and required will enhance the site. 3. The proposed uses would not be detrimental to public health, safety or general welfare because the 76 conditions listed below are intended to protect the health, safety and general welfare; and the addition of a Taiwanese school for young women will improve the cultural and educational aspect of the community. 4. The proposed uses of the property are in harmony with the various elements or objectives of the General Plan and the purposes of the Zoning Ordinance in that a college is a conditional use in the HR zone and the 76 conditions are intended to make the proposed use of the property consistent with the goals and policies of the General Plan and the Hillside Specific Plan. F. Based on the foregoing findings, the appeal is hereby denied and the extension of Conditional Use Permit U -84 -6B is hereby granted as modified until October 6, 1990 with the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. No additional buildings may be constructed on the site. 2. Access to the college must be from Highway 17, and not from College Avenue or Foster Road. 3. The College will be limited to a maximum of: 400 students 30 faculty members 17 staff members 4. On -site parking lots shall not be larger than necessary to accommodate 50 vehicles for the faculty, staff, and vans. M Off -site park and ride lots shall be provided to accommodate any vehicles that cannot be parked on -site. 5. Students will not be permitted to own, lease, or borrow any automobile for use on the site. 6. The college will implement policies that discourage on -site visitation until such time as the interchange serving Alma Bridge Road is completed. %. The location of Park and Ride lots shall be approved prior to any certificates of completion being granted or occupancy of the college. Park and Ride lots shall not be located along Alma Bridge or Limekiln Roads. 8. Students shall use vans supplied by the college for transportation to and from the site. The vans should have scheduled runs and specified stops. The park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of all local students. 9. All special events (excluding athletic events) to be held on the campus will require previous approval by the Town Council, and requests for these events shall be submitted no less than 90 days in advance. Special event attendees shall use vans supplied by the college for transportation to and from the site. Park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of special event attendees. 10. All deliveries will be limited to the hours of 10:00 a.m. to 2:00 p.m., Monday through Friday. This condition expires upon the completion of the interchange serving Alma Bridge Road. Deliveries shall not be made via Foster Road either before or after construction of the Lexington interchange. 11. The existing buildings shall be repainted and /or landscaped to blend more harmoniously into the hillside. 12. In the event that prehistoric archeological traces are encountered during construction, all construction within a fifty meter radius of the find shall be stopped, the Planning Director notified, and a qualified archaeologist retained to examine the find and recommend mitigations as necessary. The property owner is responsible for payment of all costs associated with compliance with this condition. 13. Outdoor athletic events shall be limited to daytime hours. Participants and spectators of intermural events shall use vans for transportation to and from the site. The park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of all participants and spectators. 14. A public address system shall not be used unless required for special events, and in that case shall be designed to minimize sound transmission from the college property. 15. If any additional water tank(s) is required to meet minimum domestic or fire protection supplies, the placement, color and /or landscaping of the tank(s) shall require Architecture and Site approval. TO THE SATISFACTION OF THE TOWN ENGINEER: 16. Ten thousand dollars shall be paid to the County of Santa Clara to help defray the cost of the environmental and design studies for the Lexington interchange. 17. The applicant shall demonstrate to the Town that they have provided for the construction of safety features at the intersection of Highway 17 and Alma Bridge Road as required by CalTrans in order to mitigate the intersection safety concerns raised in the EIR. Based on the October 31, 1988 response from CalTrans, which is the responsible agency, the applicant is not required to provide for the construction of improvements to the intersection of Highway 17 and Alma Bridge Road, but shall be required to indemnify the Town for any accidents arising out of the college's use of the intersection. However, indemnification of the Town is not required if CalTrans determines that the traffic limitations made by the Town in conditions 3, 4, 5, 6, 7, 81 91 10 and 13 have adequately mitigated the traffic safety impacts on the Highway 17 /Alma Bridge intersection as identified in the Environmental Impact Report. 18. The access road to the College shall be along one of the Limekiln alignments as shown on Exhibit B. 19. The access road shall remain a private road and the college will indemnify the Town against any damages due to road failure. 20. The access road regardless of its alignment shall conform to the following criteria: - The grade of the road shall not exceed 15 percent except that portions of the road may reach 20 percent grade for distances not exceeding 300 lineal feet. - There shall be minimum grading, and the graded slopes shall be stabilized with retaining structures such as crib walls, Tensar, Hilfiker or Loffelstein methods. -7- There shall be adequate provision for drainage. - The minimum paved width shall be 18 feet except where wider pavements for sharp curves and turnouts are required. Clear sight and safe stopping sight distances shall be provided as much as possible given the configuration of the road. 21. The property owner shall dedicate by easement to the Town and Midpeninsula Regional Open Space District as permanent open space, all lands not currently occupied by buildings or parking. The easement shall include provisions for a trail consistent with the Town's trail plan. 22. A soils and geotechnical report shall be prepared which provides specific criteria and standards governing site grading, drainage, erosion control, roadway construction, and retaining wall design. A registered Civil Engineer specializing in soils mechanics shall be included in the group that prepares this report. The soils and geotechnical report shall include a complete sub - surface geotechnical study to precisely determine the exact location and extent of all areas of potential instability as evidenced by existing landslides on the property. 23• Unretained cuts and fills shall be graded to minimize visual effects, yet retain necessary stability. Cut and fill slopes shall not be steeper than 2:1, except where the following exceptions apply: (1) Where steeper slopes in competent bedrock are feasible. (2) Graded or benched slopes should be used when possible to lessen the mass graded appearance which would exist with straight cut grading. 24. Revegetation of the altered landforms should be implemented immediately after completion of grading. Native plant species, especially adaptive to serpentine soils, should be replanted to correspond with the surrounding existing vegetation. Revegetation should be in accordance with Soil Conservation Service and Loma Prieta Resource Conservation District recommendations. A detailed vegetation plan should be developed before initiation of grading. The plan should include plant species, types of materials, (seed, one - gallon plant), planting techniques, planting densities, and watering techniques. A five -year establishment period is required. Criteria for success of the plan should be set. A monitoring program to determine success over the five -year establishment period will be developed and a contingency plan developed upon the failure of the revegetation plan. M 25. Unstable rock outcrops shall be removed from slopes. 26. Overall grading shall be kept to a minimum, particularly in steep areas or where there is a history of instability. High, steep -cut slopes and sidehill fills shall be avoided. 27. Where feasible, cut slopes shall be benched and fill slopes shall be keyed into stable natural ground to further reduce potential slope stability impacts. 28. If serpentine deposits are encountered within the proposed grading limits, then a thorough investigation shall be conducted to confirm the presence of asbestos. If asbestos is found to be present, then a Health and Safety Program with an appropriate Air Monitoring Program shall be provided by a certified industrial hygienist. 29. During and after the construction period, all excavated slopes shall be provided with lined interceptor ditches at the top of the slope and along intermediate benches. The benches shall carry surface runoff away from the slope at a gradient of 2% to 5% to a suitable retention area. Vertical intervals of slope benching will be determined at time of project design. 30. Storm drainage from the roadway shall be routed into the natural drainage channels existing along the hillslopes. Storm water from a large area shall not be allowed to concentrate at one drainage outfall point and flow down a hillslope. Storm drain outfalls shall not be located on slopes that are not natural drainage channels. 31. Energy dissipating structures and erosion control devices shall be placed at all drainage outlets which discharge into natural channels. Storm drainage outlets shall not be located where storm discharge will adversely impact any downhill property. 32. Parking lot and roadway paving on fill shall be designed with proper subgrade compaction and adequate base and paving thicknesses. 33• Incremental development shall be required to ensure that the amount of land cleared at any time is limited to the area that can be developed during one construction period. 34. The clearing of existing vegetation shall be confined within the limits of actual earthwork. 35• Jute matting should be placed on cut and fill slopes to control erosion until the plants are established. 36. The source of outdoor lighting shall not be visible from off the property. Light standard heights shall be minimized and the source shielded and directed downward on the subject area only. Lighting standards and shielding devices should be designed by a licensed engineer. Lighting shall feature a maximum 70 watt high pressure sodium fixture. 37. A five -year landscape maintenance contract shall be established for the protection of existing and newly planted landscaping within proximity to roadway construction. 38. Construction activities shall be as limited in area /extent as is feasible to minimize wildlife habitat disturbance. 39• For the access roadway construction, trucks and other construction vehicles shall avoid residential streets unless specific approval is given by the Town Engineer. 40. All construction related vehicles and equipment shall be properly muffled. 41. Construction activities at the project site shall be restricted to weekdays and to the hours of 8:00 a.m. to 6:00 p.m. on the north side of the ridge to minimize disturbance to local residents. Hours of construction on the south side of the ridge shall be limited to 7:00 a.m. to 7:00 p.m., weekdays, and Saturdays. Except on Saturdays, construction is limited to on -site activities. No off -haul of materials is permitted on Saturdays. 42. The public especially within a few hundred feet of construction activities shall be informed of proposed construction timelines to minimize potential annoyance related to construction noise. 43. To minimize noise and vibration associated with the roadway surface, the surface shall be maintained and repaired as smooth as feasible. 44. A plat and legal description shall be prepared and annexation of the property to the Town of Los Gatos shall be initiated and the applicant's documentation provided prior to the issuance of any permits. 45. Applicant shall submit plans for final grading, roadway design geometrics, drainage, interim and final erosion control, landscaping, on -site lighting, parking lot lighting and roadway lighting. -10- 46. The following improvements shall be guaranteed by contract and bond: a. Drainage improvements as determined by the downstream drainage capacity study as discussed under Condition X47. System improvements may include piping, manholes, energy dissipators, etc. as required. b. Water System Improvements in order to meet fire flow, quantity and duration, also to the satisfaction of the Central Fire District. c. Foster Road. Terminus and turnaround improvements at Foster Road including emergency access gate, paving, etc. as required. Gate locking and access mechanisms shall also be to the satisfaction of the Los Gatos Police Department and Central Fire District. d. Intersection Improvements on the existing roadway at the intersection of the private access road to the satisfaction of Santa Clara County. e. Other public improvements as required including but not limited to public utilities (water, sewer, power, etc.). 47. A downstream drainage capacity study shall be prepared by a hydraulic engineer indicating impacts on any drainage course or system and capacity of the downstream system and improvements needed for such systems or the portion thereof affected by the watersheds included in this proposal also to the satisfaction of the Santa Clara Valley Water District, and Santa Clara County. The drainage study shall include an estimate of the effects of sediment transport and deposition on the open channel and piped systems of the Town and Lexington Reservoir watershed. Mitigations of impacts identified in the capacity study shall be incorporated into the improvement plans of the project. 48. A Grading Permit and Bonds for Excavation and Grading shall be provided. The work included within the Grading Permit shall include grading, site development, drainage improvements (including catch basins, pipes, energy dissipators, lined drainage swales, drain inlets, channel improvements, and cleaning, etc.), interim and final erosion control measures, roadway improvements, signing, striping, reflectorization, lighting, metal beam guardrails and other items as required. The width of the paved traveled way shall be 18 feet wide within a 21 foot wide roadway prism. Drainage improvements to be set within the 21 foot width. Roadway widenings shall be made at any roadway curve of small radius; at any required turnout and at any intersection. Lined swales and /or asphalt concrete berms shall be constructed at the outside edges of the shoulders. -11- 49. The cost of the Town Engineering services in connection with the grading permit work in excess of the fees collected for processing the Grading Permit shall be borne by the Developer. 50. Filling of the hillsides or ravines shall not be allowed as a method of disposal of excess roadway excavation. A separate plan shall be submitted providing for the routes and ultimate destination of disposal of all exported earth material (including the environmental effects of the offhaul). 51. No grading or earth disturbing activities shall be allowed between October 1 and April 15. If final erosion control measures are not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan shall be required to be instituted by October 1 and maintained throughout the October 1 to April 15 period, in conformity with the Town's Grading, Drainage and Erosion Control Ordinance (Ordinance No. 1647). 52. The soils engineer shall certify that the construction practices proposed in areas of unstable slopes provides the maximum practical factor of safety to prevent an erosion event such as landslide, sediment transport, etc. 53• Water trucks and other dust control measures shall be continuously employed during the period of roadway construction. 54. No disruption of public utilities or public utilities serving private residences shall be allowed by the applicant during the period of construction. 55• All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections shall be coordinated with regular Town inspections. Soils engineer shall prepare periodic reports and a final geotechnical report, in accordance with Ordinance No. 1647 of the Town of Los Gatos. 56. Any work in the public right -of -way will require an Encroachment Permit. 57. The Town Engineer shall have the sole authority to stop any operation at any time during any phase of the project as the Town Engineer deems necessary to resolve any design or construction issue that will impact public health and safety, and in this regard the Town Engineer's decision shall be final and the cost shall be borne by the applicant. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 58. A landscape plan shall be submitted for all new and existing parking lots. -12- 59. Trees removed due to grading should be replaced with similar species as soon as possible, at the rate of three 15- gallon trees for each one removed. Where practical, mature trees should be preserved. Criteria for the success of the tree planting will be prepared as part of the revegetation plan. Maintenance techniques for care of the trees over the five -year establishment period will be included along with watering techniques. A monitoring plan on tree survival will also be necessary. 60. Berming and landscaping around the proposed parking area should be designed to decrease the visibility of the lot as viewed from the north or south. 61. Prior to any building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance 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, construction. 62. Damage to Oak trees during any development shall be minimized by the following construction practices: a. Adequate drainage for trees shall be provided by ensuring that excessive moisture is not trapped by fill materials or sections of the roadway constructed downhill from the trees. If such obstructions occur, French drains or gravel and porous tile shall be provided to lead water away from the root crown. b. Any underground utility lines to be installed within the driplines of existing trees shall be hand- trenched. C. Protect tree trunks near construction against damage with protective jackets. TO THE SATISFACTION OF THE CHIEF BUILDING OFFICIAL: 63. An evaluation of existing buildings shall be conducted by a structural engineer to determine effectiveness of existing structures to resist lateral forces, including structural analysis and visual observation of structures to determine any existing structural damage or defects or major deficiencies. Recommendations should be made for necessary structural repair and modification or alteration to buildings to make the buildings reasonably safe in the event of a moderate or major earthquake. -13- TO THE SATISFACTION OF THE POLICE CHIEF: 64. The college shall employ a full time campus security director whose primary responsibility is the security and safety of campus facilities, staff and students. It is preferred that the security director be a separate position, but duties may be combined with the position of someone such as a facilities manager (but not teaching faculty or administrative personnel). The Police Department is available to assist in the selection of the security director as well as the setup of operational procedures. TO THE SATISFACTION OF THE FIRE CHIEF: 65. Because of the height, size and square footage of the structures, and because of excessive time and travel distances for emergency responses, the facilities of this complex shall be provided with automatic fire extinguishing systems prior to occupancy. 66. Fire flow for this facility shall be 1,500 gallons per minute for two hours, with all buildings sprinklered. The main water supply line from San Jose Water Company to the facility shall be increased to a size that will facilitate the above fire flow. All existing yard mains shall be tested prior to occupancy. 67. The existing fire alarm, standpipe and other life safety features must be surveyed in order to determine exact requirements, prior to occupancy. 68. Any gates to the facility shall be equipped with a "Medeco" locking device, prior to occupancy. 69. The fire safety and exit system for the facility has never been completed and shall be brought up to current code, prior to occupancy. TO THE SATISFACTION OF THE TOWN ENGINEER AND THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 70. Any earth disturbed by construction activities shall be mulched and planted with drought resistant native vegetation before the start of winter seasonal rains. 71. All disturbed land areas shall be reseeded with the Metcalf Canyon Jewel Flower after completion of construction. 72. Prior to the approval of any final plans for access roadway alignment between the college site and Alma Bridge Road, the center line of the roadway shall be staked at a maximum of 50 foot intervals and all trees shall be tagged in the field, referenced on the plans, and the disposition of the trees shall be noted on the plans. -14- TO THE SATISFACTION OF THE TOWN ENGINEER AND TOWN ATTORNEY: 73. All public utility and /or open space easements or fee title dedications to the Town and /or to the Midpeninsula Regional Open Space District shall be completed prior to the issuance of any permits. 74. A valid policy of Errors and Omissions Insurance and Public Liability Insurance shall be provided on behalf of the public officials and staff of the Town of Los Gatos. TO THE SATISFACTION OF THE POLICE CHIEF AND DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 75. Shrubbery between the buildings and proposed parking lot to be removed to allow view of parking lot from the buildings. GENERAL CONDITION: 76. Use of the property shall be granted subject to all the specific conditions enumerated herein which are necessary for the general health, safety and welfare. Should any condition of the permit be held invalid or be modified, other than by the Town Council, the permit shall be null and void. -15- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19 day of June 1989 by the following vote. AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferri Robert L. Hamilton. Brent N. Ventura Mayor Joanne Benjamin NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: $4R ✓ MAYU OF THE TOWN OF LOS CUrOS ATTEST: CLERK OF THE TOWN OF LOS GA7) S t -16- EXHIBIT A PROJECT: CONDITIONAL USE PERMIT APPLICATION U -84 -6 SIGNIFICANT ENVIRONMENTAL IMPACTS LISTED WITH MITIGATION MEASURES AND MONITORING PROGRAM 1. TRAFFIC A. Impact Project related increases in traffic and, therefore, increases in turning movements at State Route 17 /Alma Bridge Road would add to the existing traffic hazard. (Section 3.1 - EIR) Mitigation The applicant shall demonstrate to the Town that they have provided for the construction of safety features at the intersection of Highway 17 and Alma Bridge Road as required by CalTrans in order to mitigate the intersection safety concerns raised in the EIR. Based on the October 31, 1988 response from CalTrans, which is the responsible agency, the applicant is not required to provide for the construction of improvements to the intersection of Highway 17 and Alma Bridge Road, but shall be required to indemnify the Town for any accidents arising out of the college's use of the intersection. However, indemnification of the Town is not required if CalTrans determines that the traffic limitations made by the Town in conditions 3, 4, 5, 6, 7, 8, 9 and 12 have adequately mitigated the traffic safety impacts on the Highway 17 /Alma Bridge intersection as identified in the Environmental Impact Report. (Condition #17) Assigned to: Town Engineer Time of performance: Prior to issuance of Building Permit B. impact Impact from construction vehicles on the surrounding area. (Sec. 3.1 - EIR) Mitigation Construction activities shall be as limited in area /extent as is fea- sible to minimize wildlife habitat disturbance. (Condition #38) Assigned to: Town Engineer Time of performance: During time of construction C. Impact Generation of approximately 140 one -way trips per day on an average school day with approximately 16 to 18 occuring during the a.m. or p.m. peak hours. (Section 3.1 - EIR) -1- EXHIBIT A Mitigation The college will be limited to a maximum of: 400 students 30 faculty members 17 staff members (Condition #3) On -site parking lots shall not be larger than necessary to accommodate 50 vehicles for the faculty, staff, and vans. Off -site park and ride lots shall be provided to accommodate any vehicles that cannot be parked on -site. (Condition #4) Students will not be permitted to own, lease, or borrow any automobile for use on the site. (Condition #5) The College will implement policies that discourage on -site visitation until such time as the interchange serving Alma Bridge Road is com- pleted. (Condition #6) The location of Park and Ride lots shall be approved prior to any certificates of completion being granted or occupancy of the college. Park and Ride lots shall not be located along Alma Bridge or Limekiln Roads. (Condition #7) Students shall use vans supplied by the college for transportation to and from the site. The vans should have scheduled runs and specified stops. The park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of all local students. (Condition #8) All special events (excluding athletic events) to be held on the campus will require previous approval by the Town Council, and requests for these events shall be submitted no less than 90 days in advance. Special event attendees shall use vans supplied by the col- lege for transportation to and from the site. Park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of spe- cial event attendees. (Condition #9) Assigned to: Planning Director Time of performance: Before occupancy and ongoing. The applicant shall provide verification to the Town on an annual basis that these measures are being performed. 2. VISUAL QUALITY A. Impact Visibility of cut and fill slopes created for access roadway. (Section 3.2 - EIR) -2- EXHIBIT A Mitigation The access road to the College shall be along one of the Limekiln alignments as shown on Exhibit B. (Condition #18) The access road regardless of its alignment shall conform to the fol- lowing criteria: - The grade of the road shall not exceed 15 percent except that portions of the road may reach 20 percent grade for distances not exceeding 300 lineal feet. - There shall be minimum grading, and the graded slopes shall be stabilized with retaining structures such as crib walls, Tensar, Hilfiker or Loffelstein methods. - There shall be adequate provision for drainage. - The minimum paved width shall be 18 feet except where wider pavements for sharp curves and turnouts are required. - There shall be adequate clear sight and stopping sight distances, throughout the project. (Condition #20) Unretained cuts and fills shall be graded to minimize visual effects, yet retain necessary stability. Cut and fill slopes shall not be steeper than 2:1, except where the following exceptions apply: (1) Where steeper slopes in competent bedrock are feasible. (2) Graded or benched slopes should be used when possible to lessen the mass graded appearance which would exist with straight cut grading. (Condition #23) Revegetation of the altered landforms should be implemented immediate- ly after completion of grading. Native plant species, especially adaptive to serpentine soils, should be replanted to correspond with the surrounding existing vegetation. Revegetation should be in accor- dance with Soil Conservation Service and Loma Prieta Resource Conser- vation District recommendations. A detailed vegetation plan should be developed before initiation of grading. The plan should include plant species, types of materials, (seed, one - gallon plant), planting techniques, planting densities, and watering techniques. A five -year establishment period is required. Criteria for success of the plan should be set. A monitoring program to determine success over the five -year establishment period will be developed and a contingency plan developed upon the failure of the revegetation plan. (Condition #24) The clearing of existing vegetation shall be confined within the limits of actual earthwork. (Condition #34) Trees removed due to grading should be replaced with similar species as soon as possible, at the rate of three 15- gallon trees for each tree that is removed. Where practical, mature trees should be pre- served. (Condition #59) -3- EXHIBIT A Berming and landscaping around the proposed parking area should be de- signed to decrease the visibility of the lot as viewed from the north or south. (Condition #60) Assigned to: Town Engineer Time of performance: Prior to issuance of grading permits occupancy certificate. B. Impact Visual impact of existing large white buildings against natural hillside environment. (Section 3.2 - EIR) Mitigation The existing buildings shall be repainted and /or landscaped to blend more harmoniously into the hillside. (Condition #11) Assigned to: Planning Director Time of performance: Prior to issuance of occupancy certificate C. Impact Visual impact from outdoor night lighting. (Section 3.2 - EIR) Mitigation The source of outdoor lighting shall not be visible from off the prop- erty. Light standard heights shall be minimized and the source shielded and directed downward on the subject area only. Lighting standards and shielding devices should be designed by a licensed engi- neer. Lighting shall feature a maximum 70 watt high pressure sodium fixture. (Condition #36) Assigned to: Town Engineer Time of performance: Prior to issuance of occupancy certificate. 3. GEOLOGY A. Impact High probability that the project area would experience the seismic hazard of ground shaking during the design life of the project structures and roadways. (Section 3.3 - EIR) Mitigation An evaluation of existing buildings shall be conducted by a structural engineer to determine effectiveness of existing structures to resist lateral forces, including structural analysis and visual observation of structures to determine any existing structural damage or defects or major deficiencies. Recommendations should be made for necessary structural repair and modification or alteration to buildings to make the buildings reasonably safe in the event of a moderate or major earthquake. (Condition #63) -4- EXHIBIT A A soils and geotechnical report shall be prepared which provides spe- cific criteria and standards governing site grading, drainage, erosion control, roadway construction, and retaining wall design, to the sat- isfaction of the Town Engineer. A registered Civil Engineer specializing in soils mechanics shall be included in the group that prepares this report. The soils and geotechnical report shall include a complete sub - surface geotechnical study to precisely determine the exact location and extend of all areas of potential instability as evidenced by existing landslides on the property. (Condition #22) Assigned to: Building Official and Town Engineer Time of performance: Prior to issuance of grading permits and occupancy certificate B. Impact Primary geotechnical risk to the project is the stability of cut and fill slopes of the proposed access roadway. (Section 3.3 - EIR) Mitigation: The access road regardless of its alignment shall conform to the fol- lowing criteria: - The grade of the road shall not exceed 15 percent except that portions of the road may reach 20 percent grade for distances not exceeding 300 lineal feet. - There shall be minimum grading, and the graded slopes shall be stabilized with retaining structures such as crib walls, Tensar, Hilfiker or Loffelstein methods. - There shall be adequate provision for drainage. - The minimum paved width shall be 18 feet except where wider pavements for sharp curves and turnouts are required. - There shall be adequate clear sight and stopping sight distances, throughout the project. Unretained cuts and fills shall be graded to minimize visual effects, yet retain necessary stability. Cut and fill slopes shall not be steeper than 2:1, except where the following exceptions apply: (1) Where steeper slopes in competent bedrock are feasible. (2) Graded or benched slopes should be used when possible to lessen the mass graded appearance which would exist with straight cut grading. (Condition #23) Unstable rock outcrops shall be removed from slopes. (Condition #25) overall grading shall be kept to a minimum, particularly in steep areas or where there is a history of instability. High, steep -cut slopes and sidehill fills shall be avoided. (Condition #26) -5- EXHIBIT A Where feasible, cut slopes shall be benched and fill slopes shall be keyed into stable natural ground to further reduce potential slope stability impacts. (Condition #27) All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections shall be coordinated with regular Town inspections. Soils engineer shall prepare periodic reports and a final geotechnical report, in accor- dance with Ordinance No. 1647 of the Town of Los Gatos. (Condition #55) No grading or earth disturbing activities shall be allowed between October 1 and April 15. If final erosion control measures are not complete by September 1, interim erosion control plan shall be re- quired to be instituted by October 1 and maintained throughout the October 1 to April 15 period, in conformity with the Town's Grading, Drainage and Erosion Control Ordinance (Ordinance No. 1647). (Condition #51) During and after the construction period, all excavated slopes shall be provided with lined interceptor ditches at the top of the slope and along intermediate benches. The benches shall carry surface runoff away from the slope at a gradient of 2% to 5% to a suitable retention area. Vertical intervals of slope benching will be determined at time of project design. (Condition #29) Parking lot and roadway paving on fill shall be designed with proper subgrade compaction and adequate base and paving thicknesses. (Condition 032) Assigned to: Town Engineer Time of performance: During construction C. Impact The extensive grading required for the access roadway could result in potentially significant erosion and consequent water quality impacts. (Section 3.3 - EIR) Mitigation No grading or earth disturbing activities shall be allowed between October 1 and April 15. If final erosion control measures are not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan shall be required to be instituted by October 1 and maintained throughout the October 1 to April period, in conformity with the Town's Grading, Drainage and Erosion Control Ordinance (Ordinance No. 1647). (Condition #51) -6- EXHIBIT A During and after the construction period, all excavated slopes shall be provided with lined interceptor ditches at the top of the slope and along intermediate benches. The benches shall carry surface runoff away from the slope at a gradient of 2% to 5% to a suitable retention area. Vertical intervals of slope benching will be determined at time of project design. (Condition #29) Storm drainage from the roadway shall be routed into the natural drainage channels existing along the hillslopes. Storm water from a large area shall not be allowed to concentrate at one drainage outfall point and flow down a hillelope. Storm drain outfalls shall not be located on slopes that are not natural drainage channels. (Condition #30) Energy dissipating structures and erosion control devices shall be placed at all drainage outlets which discharge into natural channels. Storm drainage outlets shall not be located where storm discharge will adversely impact any downhill property. (Condition #31) Jute matting should be placed on cut and fill slopes to control erosion until the plants are established. (Condition #35) A downstream drainage capacity study shall be prepared by a hydraulic engineer indicating impacts on any drainage course or system and ca- pacity of the downstream system and improvements needed for such systems or the portion thereof affected by the watersheds included in this proposal also to the satisfaction of the Santa Clara Valley Water District, and Santa Clara County. The drainage study shall include an estimate of the effects of sediment transport and deposition on the open channel and piped systems of the Town and Lexington Reservoir watershed. Mitigations of impacts identified in the capacity study shall be incorporated into the improvement plans of the project. (Condition #47) Filling of the hillsides or ravines shall not be allowed as a method of disposal of excess roadway excavation. A separate plan shall be submitted providing for the routes and ultimate destination of dispos- al of all exported earth material (including the environmental effects of the offhaul. (Condition #50) Grading Permit and Bonds for Excavation and Grading shall be provid- ed. The work included within the Grading Permit shall include grad- ing, site development, drainage improvements (including catch basins, pipes, energy dissipators, lined drainage swales, drain inlets, chan- nel improvements, and cleaning, etc.), interim and final erosion con- trol measures, roadway improvements, signing, striping, reflectorization, lighting, metal beam guardrails and other items as required. The width of the paved traveled way shall be 18 feet wide with two -foot wide shoulders along each side. Roadway widenings shall be made at any roadway curve of small radius; at any required turnout and at any intersection. Lined swales and /or asphalt concrete berms shall be constructed at the outside edges of the shoulders. (Condition #48) -7- EXHIBIT A All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections shall be coordinated with regular Town inspections. Soils engineer shall prepare periodic reports and a final geotechnical report in accordance with Ordinance No. 1647 of the Town of Los Gatos. (Condition #55) The clearing of existing vegetation should be confined within the limits of actual earthwork. (Condition #34) Assigned to: Town Engineer Time of performance: During construction 4. BIOLOGY A. Impact Disturbance or removal of mature Oak, Bay and Eucalyptus trees as well as shrubs and ground cover for the construction of the access roadway. (Section 3.4 - EIR) Mitigation Revegetation of the altered landforms should be implemented immediate- ly after completion of grading. Native plant species, especially adaptive to serpentine soils, should be replanted to correspond with the surrounding existing vegetation. Revegetation should be in accor- dance with Soil Conservation Service and Loma Prieta Resource Conser- vation District recommendations. A detailed vegetation plan should be developed before initiation of grading. The plan should include plant species, types of materials, (seed, one - gallon plant), planting techniques, planting densities, and watering techniques. A five -year establishment period is required. Criteria for success of the plan should be set. A monitoring program to determine success over the five -year establishment period will be developed and a contingency plan developed upon the failure of the revegetation plan. (Condition #24). Trees removed due to grading should be replaced with similar species as soon as possible, at the rate of three 15- gallon trees for each one removed. Where practical, mature trees should be preserved. Criteria for the success of the tree planting will be prepared as part of the revegetation plan. Maintenance techniques for care of the trees over the five -year establishment period will be included along with watering techniques. A monitoring plan on tree survival will also be necessary. (Condition #59) -8- EXHIBIT A Prior to any building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concern- ing 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 Direc- tor of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during construction. (Condition #61) Damage to Oak Trees during any development shall be minimized by the following construction practices: a. Adequate drainage for trees shall be provided by ensuring that excessive moisture is not trapped by fill materials or sections of the roadway constructed downhill from the trees. If such obstructions occur, French drains or gravel and porous tile shall be provided to lead water away from the root crown. b. Any underground utility lines to be installed within the driplines of existing trees shall be hand - trenched. C. Protect tree trunks near construction against damage with protective jackets. (Condition #62) Assigned to: Town Engineer and Director of Parks, Forestry and Mainte- nance Services. Time of performance: Protective fencing must be completed prior to the issuance of a grading permit and building permit and the revegetation and protection of Oaks shall be ongoing during construction. B. Impact Construction of access roadway would have immediate and long range disruptive effects upon the wildlife resources in the project area. (Section 3.4 - EIR) Mitigation Construction activities should be as limited in a real extent as is feasible to minimize wildlife habitat disturbance. (Condition #38) Assigned to: Town Engineer Time of performance: During construction C. Impact Impact of roadway construction on the Metcalf Canyon Jewel Flower, a sensitive species listed as Category 2 in the Federal Register of En- dangered and Threatened Wildlife and Plants. (Section 3.4 - EIR) Mitigation All disturbed land areas shall be reseeded with the Metcalf Canyon Jewel Flower after completion of construction. (Condition 171) -9- EXHIBIT A Assigned to: Town Engineer and Director of Parks, Forestry and Main- tenance Service Time of performance: Prior to issuance of occupancy certificate 5. ARCHAEOLOGY A. Impact Although from studies conducted, it does not appear that significant cultural resources exist, the possibility of finding prehistoric archaeological traces during construction does exist. (Section 3.5 - EIR) Mitigation In the event that prehistoric archeological traces are encountered during construction, all construction within a fifty meter radius of the find shall be stopped, the Planning Director notified, and a qual- ified archaeologist retained to examine the find and recommend mitigations as necessary. The property owner is responsible for pay- ment of all costs associated with compliance with this condition. (Condition #12) Assigned to: Planning Director Time of performance: At the time any archeological traces are encountered. 6. NOISE A. Impact Noise generated from construction activity and equipment. (Section 3.6 - EIR) Mitigation For the access roadway construction, trucks and other construction vehicles shall avoid residential streets unless specific approval is given by the Town Engineer. (Condition #39) All construction related vehicles and equipment shall be properly muf- fled. (Condition #40) Construction activities at the project site shall be restricted to weekdays and to the hours of 8:00 a.m. to 6:00 p.m. on the north side of the ridge to minimize disturbance to local residents. Hours of construction on the south side of the ridge shall be limited to 7:00 a.m. to 7:00 p.m., weekdays, and Saturdays. Except on Saturdays, con- struction is limited to on -site activities. (No off -haul of materials is permitted). (Condition #41) -10- EXHIBIT A The public (especially within a few hundred feet of construction activities) shall be informed of proposed construction timelines to minimize potential annoyance related to construction noise. (Condition 142) Assigned to: Town Engineer Time of performance: ongoing during construction. The applicant shall provide the Town with a copy of construction timelines, date these timelines were given to surrounding residents, and list of names to whom the schedule was given. B. Impact Sound levels generated by on -site athletic events (limited to volleyball and tennis). (Section 3.6 - EIR) Mitioation Outdoor athletic events shall be limited to daytime hours. Participants and spectators of intermural events shall use vans for transportation to and from the site. The park and ride lot(s) shall have sufficient spaces reserved to accommodate vehicles of all participants and spectators. (Condition #13) A public address system shall nt be used unless required for special events and in that case shall be designed to minimize sound transmis- sion from the college property. (Condition 114) Assigned to: Planning Director Time of performance: Ongoing C. Impact Additional noise created by traffic on the access roadway. (Section 3.6 - EIR) Mitigation All deliveries will be limited to the hours of 10:00 a.m. to 2:00 p.m., Monday through Friday. This condition expires upon the comple- tion of the interchange serving Alma Bridge Road. Deliveries shall not be made via Foster Road either before or after construction of the Lexington interchange. (Condition #10) To minimize noise and vibration associated with the roadway surface, the surface shall be maintained and repaired as smooth as feasible. (Condition #43) Assigned to: Planning Director and Town Engineer Time of performance: The restriction on deliveries shall apply until the Lexington interchange is constructed. The maintenance of the ac- cess road shall be ongoing. PLNOI:TC KIRK -11- EXHIBIT A R X i� ;i a M 1� �1 r t StIqVOIR OPTION m EXHIBIT B 3 i 9. e• i� Y 1