Attachment 1 - March 30, 2016 Staff Report with Exhibits 2-15TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: March 30, 2016
PREPARED BY: Marni F . Moseley, Associate Planner
mmosel ey@los gatosca. gov
APPLICATION NO: Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014
ITEM NO: 2
LOCATION: North 40 Specific Plan Phase 1 (southerly portion of the North
40 Specific Plan area, Lark Avenue to south ofNoddin Avenue)
APPLICANT: Grosvenor USA Limited
CONTACT PERSON: Don Capobres with Grosvenor and Wendi Baker with
Summerhill Homes
PROPERTY OWNERS: Thomas M. Yuki Trust Et. Al.Nuki Farms, Robert &
Georgianna Spinazze, Marianne Ezell, Grosvenor USA Limited,
Summerhill Homes , James F. Dagostino Trustee, Elizabeth K.
Dodson, William N. Fales, William Hirshman.
APPLICATION SUMMARY : Requesting approval for the construction of a new multi-use,
multi-story development consisting of 320 residential units ,
which includes 50 affordable senior units; approximately 66,800
square feet of commercial floor area, which includes a market
hall; on-site and off-site improvements ; and a vesting tentative
map. APNs: 424-07-024 through 027 , 031 through 037 , 070,
083 through 086 , 090, and I 00.
RECOMMENDATION: Open the public hearing, take testimony, and continue to a date
certain.
PROJECT DA TA: General Plan Designation: North 40 Specific Plan
Zoning Designation: North 40 Specific Plan
Applicable Plans & Standards: General Plan; North 40 Specific
Plan
Project Area: 20.7 acres
ATTACHMENT 1
Planning Commission Staff Report -Page 2
North 40 Phase I I S-13-090/M-13 -014
March 30, 2016
CEQA:
FINDINGS :
CONSIDERATIONS :
Surrounding Area:
Existing Land General Plan Zoning
Use
North Agriculture, North 40 Specific P lan North 40
Commercial, Specific
and Residential P lan
East Commercial Mixed Use Commercial CH,
and Residential R -1:8
South Commercial, Mixed Use Commercial, CH ,
Office and Low and Medium R-1:8 ,
Residenti a l Density Residential and RD
West Highway 17 N I A N IA
An Environmental Impact Report (EIR) was prepared and
certified for the North 40 Specific Plan on January 5, 2015. An
Initial Study has been prepared and concludes that the proposed
Phase 1 app lication is in compliance with the certified ElR.
• That the project is in compliance with the certified EIR for
the North 40 Specific Plan .
• That the proposed project is consistent with the General Plan.
• That the project is consistent with the North 40 Specific Plan.
• As required by Section 29.10 .09030(e) of the Town Code for
demolitions.
• As required by Table 2-6 of the North 40 Specific Plan for
reduction of non -residential setbacks .
• As required by Section 29 .10.420 (a) of the Town Code if the
Planning Commi ssion denies the Density Bonus request.
• As required by Government Code Section 65589.5 if the
Planning Commission denies the Development Standard
waivers.
• As required by Section 66474 of the Subdivision Map Act if
the Planning Commission denies the Vesting Tentative Map
appl i cation.
• As re quired by Section 29 .20.150 of the Town Code for
granting approval of an Architecture and Site application.
Planning Commission Staff Report -Page 3
North 40 Phase 1/S-13-090/M-l3-014
March 30, 2016
ACTION:
EXHIBITS:
Open the public hearing, take testimony, and continue to a date
certain .
Previously received under separate cover:
1. Proposed Development Plans, received March 18, 2016 (242
pages)
Received with this Staff Report:
2 . Location Map
3 . Initial Study (79 pages)
4 . Findings and Considerations (three pages)
5. Conditions of Approval for Vesting Tentative Map (six
pages)
6. Conditions of Approval for the Architecture and Site
Application (27 pages)
7. Letter of Justification (10 pages), received March 23 , 2016
8. North 40 Narrative (seven pages), received February 8, 2016
9. Economic study letter (25 pages), received November 6,
2015
l 0. October 14 and November 11, 2015 CDAC Minutes (seven
pages)
11. Response to CDAC comments (13 pages), received February
8 ,2016
12. January 27 2016 Historic Preservation Committee Minutes
(five pages)
13. Consulting Architect Report (six pages), received December
18 ,2015
14. Response to Consulting Architect Report (three pages),
received February 8, 2016
15. Consulting Architect memo (six pages), received March 21 ,
2016
16 . Consulting Arborist report (33 pages), received October 14,
2013
17. State Density Bonus Law -Government Code Section 65915-
65918 (14 pages)
18 . Density Bonus Ordinance and Program Guidelines -
Ordinance 2209 (21 pages)
19 . Letter from Barbara Kautz, received March 10, 2016 (16
pages)
20. Town 's BMP Program and Guidelines -Ordinance 2181 (19
pages)
21. Public comment received through I 1 :00 a .m., Thursday,
March 24, 2016
Planning Commission Staff Report -Page 4
North 40 Phase l/S-13-090/M-13-014
March 30, 2016
BACKGROUND :
As defined by State law, municipalities may prepare and adopt a Specific Plan to help implement
the municipality's General Plan for a particula r geographic subarea of the community. A Specific
Plan provides more detailed land use and development guidance within the project area than
occurs in the community's General Plan. Once a Specific Plan is adopted , development
applications for the area are reviewed by the municipality for consistency with the Specific Plan
as well as other governing land use documents in the community.
A draft Specific Plan for the North 40 Area was prepared in 1999, but was never adopted . In
20 10 , the Town Council adopted the 2020 General Plan. The 2020 General Plan required the
preparation of a Specific Plan for the North 40 Area and included goals, policies, general
guidelines, and implementation strategies to inform the preparation of the Specific Plan.
The North 40 Specific Plan Advisory Committee (N40 AC) was established by the Town
Council on March 7, 2011. The goal of the N40 AC was to serve as an Advisory Committee to
the Town Council and the Planning Commission through coordination with staff and interaction
with the Community. The N40 AC consisted of nine members from the General Plan
Committee, and up to six members of the community from the General Plan Update Advisory
Committee. The N40 AC began meeting in March of 2011 and concluded their work on October
15 , 2013 .
An EIR for the Draft Specific Plan was prepared and circulated in early 2014. The Planning
Commission considered the Draft Specific Plan and E IR at two meetings in June and August of
2014 and a recommendation of approval with modifications was forwarded to the Town Council
on August 13, 2014. The Town Council considered the Draft Specific Plan and EIR on eight
occasions between September 2014 and June 2015. The Final EIR was certified on January 5 ,
2015 and the North 40 Specific Plan was adopted on June 17, 2015 , incorporating the
modifications approved by the Council based on its deliberations, consideration of public
testimony, Planning Commission recommendations, and all other information contained in the
record. ·
The adopted North 40 Specific Plan contains a Vision and Guiding Principles that provide
overarching guidance for development of the North 40 Specific Plan area, as follows:
Vision
The North 40 reflects the special nature of our hometown . It celebrates our history,
agricultural heritage, hillside views , and small town character. The North 40 is seamlessly
woven into the fabric of our community, complementing other Los Gatos residential and
business neighborhoods. It is respectful of precious community resources and offers unique
attributes that enrich the quality of life of all of our residents.
Planning Commission Staff Report-Page 5
North 40 Phase 1/S-13-090/M-13 -014
March 30, 2016
Guiding Prin cip les to Achieve this Vision
• The North 40 will look and feel like Los Gatos .
• The North 40 will embrace hillside views, trees, and open space.
• The North 40 will address the Town's residential and/or commercial unmet needs.
• The North 40 will minimize or mitigate impacts on town infrastructure, schools, and
other community services.
The approval of the North 40 Specific Plan amended the zoning of the property to North 40
Specific Plan. The Specific Plan provides a maximum allowable development capacity for the
entire Specific Plan area of 270 residential units and 501,000 square feet of non-residential uses
(additional details are provided on pages 2-6 thru 2-10 of the Specific Plan). The proposed
Phase 1 Architecture and Site (A&S) application for approximately half of the Specific Plan area
includes the majority of the residential units allowed within the Specific Plan area (237 of the
270 permitted) plus a State Density Bonus of an additional 83 housing units and approximately
66,800 square feet of commercial space.
The Specific Plan requires that each A&S application for new development within the Specific
Plan Area comply with the process currently contained in Town Code. New multi-family and
non-residential developments require Planning Commission approval. Additionally, the
applicant is seeking a Vesting Tentative Map (VTM) for the subdivision of the area for the
residential and the commercial parcels . Town Code requires VTMs to be approved by Town
Council. As a result, the Planning Commission will provide a recommendation to the Town
Council for both the A&S and the VTM.
DISCUSSION ITEMS:
The Planning Commission is the recommending body to the Town Council for the Phase 1
applications. In the consideration of its recommendation(s), the Planning Commission has
discretion to determine how the proposed North 40 development applications comply with
applicable Town policies, standards, and guidelines. Specific questions that the Planning
Commission should consider when reviewing the proposed applications include, but are not
limited to:
• Does the proposed development address the overall Vision and Guiding Principles set
forth i n the Specific Plan?
• Does the proposed development reflect the agrarian feel discussed within the Specific
Plan?
• Does the open space provide for the open feel and uses of the property as directed in the
Specific Plan?
• Is the architectural style and detailing consistent with the Town and the direction
provided in the Specific Plan?
Planning Commission Staff Report -Page 6
North 40 Phase 1/S-13-090/M-13-014
March 30, 2016
Additionally, there are two other issues for Planning Commission consideration. These items are
discussed further within the Analysis section of the report and include:
• Tandem Parking: While permitted by the Specific Plan, Town Code does not provide
minimum dimensions.
• Tree Species: The applicant is requesting that additional trees be considered beyond those
provided in the Specific Plan.
PROJECT DESCRIPTION:
A. Location and Surrounding Area
The North 40 Specific Plan area is bounded by Highway 17 to the west, Los Gatos
Boulevard to the east, Lark A venue to the south and Highway 85 to the north. Phase 1 is
the southerly portion of the Specific Plan area and spans from Lark A venue to just south of
Noddin Avenue (see Exhibit 2).
B. Architecture and Site Application
The proposed development included in the A&S application includes: 260 residential
condominiurns/rowhomes, 10 rental apartments (including two live-work units), 50
affordable senior rental units, and 66,791 square feet of commercial floor area .
C . Vesting Tentative Map Application
The VTM proposes to subdivide the 20.7-acre Phase 1 project area into 113 lots, with up to
320 residential condominiums.
D . Off-Site Improvements
The Specific Plan and certified EIR require off-site improvements within the Town and
Caltrans right-of-ways. The applicant is proposing to build the required improvements
along Lark A venue for the full build out of the Specific Plan area, and interim
improvements for Phase 1 along Los Gatos Boulevard. Specific improvements are
discussed further in the Analysis section of the report. Full implementation of these
improvements will require continued coordination between the applicant, the Town, and
Cal trans.
ANALYSIS:
A. State Density Bonus
The State Density Bonus Law is one of several California statutes designed to implement
an important state policy to promote the construction oflow-income housing and to remove
impediments to the same. When the Legislature adopted the State Density Bonus Law, it
Planning Commission Staff Report -Page 7
North 40 Phase l /S-13-090/M-13-014
March 30, 2016
declared that the housing shortage crisis must be addressed and that the State should rely on
local governments to provide the necessary increased housing stock and that local
discretion and powers shall not be exercised in a manner to frustrate the purposes of the
State Density Bonus Law . The Density Bonus Law applies to all cities and towns. Jt
requires cities and towns to adopt an ordinance that specifies how local compliance with
the statute will be implemented.
The Town adopted a State mandated Density Bonus Ordinance in 2012 (Ordinance 2209,
Exhibit 18). The Ordinance was intended to comply with the State's Ordinance (Gov't
Code Section 65915-65918 , Exhibit 17) and its requirements . If requested, the Ordinance
requires that unless specific findings (Exhibit 4) can be made to deny the Density Bonus,
the bonus and up to three concessions must be granted.
The proposed application includes 50 affordable senior rental units. 49 units are proposed
to be very low and extremely low income (defined as 30-50% of the median income of
Santa C lara County), and one manager unit would be moderate income (defined as 120% of
median income of Santa Clara County). The proposed number of VLI units is in excess of
11 percent of the base market rate units (237 units); therefore the application qualifies for
the requested Density Bonus of 35 percent (83 units).
The State Density Bonus Law provides that an applicant may request a waiver or reduction
of development standards that would have the effect of physically precluding the
construction of the project at the densities permitted under the statute. "Development
standard" means a site or construction condition, including, without limitation, local height,
setback, floor area ratio, on-site open space , and parking ratio requirements that would
otherwise apply to residential development under local ordinances, general plan elements,
specific plans, charters , or other local condition, law, policy, resolution, or regulation.
The waivers or reductions of development standards requested by the applicant are
discussed at length within the applicant's Density Bonus Letter (Exhibit 19) provided by
Barbara Kautz, Partner with Goldfarb Lipman Attorneys. The applicant 's Density Bonus
Letter provides supporting documentation explaining why certain development standards,
if applied, would preclude the applicant from being able to provide the necessary density.
The requested waivers and reductions in development standards are:
• Definition of height: The Specific Plan's definition of height aligns with that in
Town Code (29 . l 0 .020) and includes the measurement from existing or proposed
grade (whichever is lower) to the ridge directly above the grade. The applicant is
requesting an exception to the inclusion of existing grade due to the topographical
constraints in certain locations on the site. The proposed application would utilize
the 35-foot maximum height as established by the proposed/finished grade. The
proposed grade varies from the existing grade between zero to five feet depending
on the location.
Planning Commission Staff Report -Page 8
North 40 Phase l/S-13-090/M-13 -014
March 30, 2016
• Maximum permitted height for the senior/mixed use market hall building: The
Specific Plan permits the mixed use/market hall building to be up to 45 feet in
height, and does not permit the standard exceptions to height provided within
Town Code. The proposed mixed use/market hall building includes several areas
that exceed 45 feet in height. The requested exception would allow the senior/
mixed use market hall building to have a maximum height of 51 feet.
In order for the Town to deny a waiver or reduction of a development standard, findings
must be made, based upon substantial evidence, that the waiver or reduction would have a
specific adverse impact upon public health and safety, or the physical environment, or on
any real property listed in the California Register of Historical Resources , and there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low income, very low income, and moderate
income households. The State Density Bonus law defines "specific adverse impact" as a
significant, quantifiable, direct, and unavoidable impact, based on objective, and identified,
written public health or safety standards, policies, or conditions as they existed on the date
that the application was deemed complete.
B. Below Market Price Housing Program (BMP)
The overall purpose of the Town 's BMP Ordinance and guidelines are to provide the Town
with a supply of affordable housing. The Town 's BMP Ordinance (Ordinance 2181,
Exhibit 20) requires that multi-family developments of more than 100 units provide a
number of BMP units equal to 20 percent of the market rate units. The proposed
application includes 237 market rate units (the 83 units granted pursuant to the State
Density Bonus discussed above are not included), resu lting in a minimum BMP
requirement of 47 units and 50 BMP units (21 percent) are proposed . The Town's BMP
Guidelines (Exhibit 20) require that affordable units be comparable in size, type , and finish
(i.e., materials) to the market rate units and that the location of the affordable units be
dispersed throughout the development to the extent feasible. The Characteristics of BMP
Units on page 4 of the BMP Guidelines discuss these requirements. The applicant is
proposing the following deviations from the BMP guidelines : aggregating all of the
affordable housing into a single affordable senior housing component, providing smaller
units than the market rate units, and offering rental units when the market rate units are for
sale units. The applicant has provided a response and justification to the proposed
deviations from these Guidelines (Exhibit 19). Exhibit 19 also contains a BMP Plan which
discusses the limitations of a senior restricted use based on State and Federal law .
Pla1ming Commission Staff Report -Page 9
North 40 Phase 1/S-13-090/M-13-014
March 30, 2016
C. Traffic
The EIR for the North 40 Specific Plan included a full Traffic Impact Analysis (TIA). The
TIA studied the impact of the full build out of the No.rth 40 Specific Plan on the existing
roadways. The proposed application complies with the parameters analyzed in the ElR and
the Specific Plan. The applicant will be required to pay traffic mitigation fees based on the
proposed uses as well as provide the right-of-way improvements discussed below. As
stated within the traffic study (Appendix D of the Initial Study in Exhibit 3), the proposed
project would result in an increase of3,819 average daily trips (ADT) and 155 new AM
and 360 new PM peak hour trips. These impacts were anticipated with the implementation
of the North 40 Specific Plan. The January 20, 2016 letter from Fehr & Peers provides
additional information in regards the applications compliance with the certified ElR
(Appendix D of Exhibit 3).
D . Parking
The Specific Plan provides off-street parking requirements for residential uses within the
Specific Plan area, and refers to the required parking for the downtown (Section 29. l 0 .150)
for commercial uses . The proposed uses and applicable parking requirements are provided
in the chart below. ln addition to the off-street parking spaces provided within the private
residential garages, the four level parking garage, and the at grade parking lots, the
application provides 111 on-street parking spaces . All the streets within the development
are proposed to be private, and would remain accessible to the public. While the
application provides sufficient off-street s paces to meet the parking required pursuant to the
Specific Plan, the additional on-street spaces provide additional capacity for guests and
those using the open space and commercial businesses.
Planning Commis sion Staff Report -Page 1 O
North 40 Phase l/S-13-090/M -13-014
March 30, 2016
As shown in the table below, the project exceeds the parking requirements by 175 spaces .
Pro[!osed Total
S[!ecific P l an Parking Use S(!aces
Pro nosed Uses Reauirement Total Re<1uired
Commercial:
Retail /Personal Service 11300 gross square feet 45,531 Sq. Ft. 151.77
Restaurant 11300 (four seats) 14,631 Sq. Ft. 48.77
Bar/Tavern 11300 (three seats) 2,916 Sq. Ft. 9 .72
Community Meeting Room 1/590 gross square feet 3,115 Sq. Ft. 5.28
Total Commercial Parkin2 Reauired 216 Spaces
Residential: R esiden t + Gu est
Se nior Affordable Units (.5 /Units + .5 /Unit) = 1/Unit 50 Units 50
Single Bedroom Units (I /Unit + .5/Unit) = 1.5 /Unit 77 Units 11 5.5
Two or More Bedroom Units (2/Unit + .5 /Unit) = 2.5 /Unit 193 Units 482.5
T otal Residential Parkin2 Re<1uired 648 Snaces
Total Proiect Parkin2 Reauired: 864 Snaces
Proiect Parkin2 Provided:
Off-Street Parking:
Multi-Story Garage 281
Parking Lots 173
Residential Ga rage 474
New On-Street Spaces:
On-Street Parallel Spaces 11 1
Total New Parkin!! Soaces 1.039 Spaces
The Specific Plan permits tandem parking for the residential units. The applicant is
proposing to provide the required parking for 87 of the two or more bedroom units in a
tandem garage. Town C ode does not provide minimum d imensions for a tandem garage.
Town Code provides the following parking dimension requirements:
• Single-car garage: 11 feet b y 20 feet
• Two-car garage: 20 feet by 20 feet
• Standard off-street parking space dimension: 8.5 feet by 18 feet (an additional foot
is required for each side where an encumbrance is located, up to a maximum of 10.5
feet by 18 fe et).
Planning Commission Staff Report -Page 11
North 40 Phase l /S-13-090/M-13-014
March 30, 2016
The applicant has provided justification for the proposed tandem garage dimensions (11
feet by 36 feet) based on other existing developments and the requirements of other
jurisdictions that permit tandem parking. However, the applicant is willing to provide a
minimum of 11 feet by 38 feet for all tandem garages. Staff has included the larger
dimension as a condition of approval (Condition l 0 in Exhibit 6).
E. Open Space
The North 40 Specific Plan provides the minimum open space requirements for the
Specific Plan Area within Chapter 2, and further discusses the design and implementation
of open space throughout the Specific Plan Area in Chapter 3. The Specific Plan requires a
minimum of30 percent open space to be provided in each development application for the
North 40. Of the 30 percent, a minimum of 20 percent must be in the form of "green n open
space. The Specific Plan describes what falls into this category. The remaining open space
may consist of hardscape, which is also defined within the Specific Plan. The proposed
application provides approximately 39 percent of the development area as open space with
a minimum of approximately 23 percent qualifying as "green" open space.
The applicant discusses the various types of open space and connectivity throughout the
Phase I development area in their letter of justification (Exhibit 7). Sheet 6 .5 of the
proposed development plans details the open space provisions for the deve lopment. The
proposal includes approximately one acre of private open space, and approximately seven
acres of common open space. Of the common open space, the majority is passive
(including the multi-modal path, sidewalks, and paseos) and approximately ~ of an acre is
active with a community garden, barbeque area , dog park, and garden retreat.
This open space approach appears to meet the technical requirements and the design
criteria provided in section 3.2.2 of the Specific Plan; however, the Commission may wish
to comment on this in the context of the Vision and Guiding Principles. Both the
Transition District and the Lark District have a larger common outdoor space to encourage
public and private use. While these areas would be maintained by the Homeowners
Association and the commercial management for the retail areas, all open space, with the
exception of the private yards within the Garden Cluster units, would be open and
accessible to the public.
The Historic Preservation Committee (HPC) considered the applications integration of the
agrarian feel as discussed in the Specific Plan on January 27, 2016 (Exhibit 12). The HPC
found that the application had met the direction of the Specific Plan.
F. On-Site Improvements
The applicant 's letter of justification discusses the proposed on-site improvements at length
(Exhibit 7). These elements include a multi-use path that connects the residential and
commercial components of the development with Lark A venue and Los Gatos Boulevard.
The installation of the multi-modal along Lark Avenue and Los Gatos Boulevard is
Planning Commission Staff Report -Page 12
North 40 Phase 1/S-13-090/M-13-014
March 30, 2016
discussed in the off-site improvements section below. The proposed plans include a
network of wide landscaped sidewalks and paseos that connect pedestrians and bicyclist to
pocket amenities throughout the development (Sheet 11 of Exhibit 1 ).
G. Off-Site Improvements
The final off-site improvements will be designed and constructed to be consistent with the
conditions of approval of the A&S application. The Vesting Tentative Map's off-site
improvement plans are not part of the map and do not fully reflect the conditions of
approval as typically the off-site improvement plans are finalized through the ministerial
engineering improvement plans process with Parks and Public Works. Which occurs after
the approval of the planning applications. The proposed improvement plans are attached
for reference only on sheets 1.23 and 1.24 of the development plans (Exhibit 1 ). As is
typical, off-site improvement details will be finalized through the Parks and Public Works'
ministerial engineering improvement plan process that would occur following a decision on
the planning applications.
The off-site improvements along Lark A venue are proposed to be completed with the Phase
1 development, as well as a majority of the Los Gatos Boulevard (LGB) improvements.
The Los Gatos Boulevard improvements include interim/temporary installations (with the
exception of the west side curb, gutter and multi-use path) due to the necessary future right-
of-way dedications on the east side of LGB to complete the full build out plan for Los
Gatos Boulevard. The applicant is required to implement the following off-site
improvements as detailed in the Specific Plan and EIR. All of these items are included as
conditions of approval for the A&S application.
• Lark A venue: Los Gatos Boulevard to State Route 17 Northbound Ramps:
In the eastbound direction, Lark A venue will provide three through lanes and one
left turn lane at Highland Oaks Drive, and two left tum lanes, one shared
left/through lane, and one right tum lane at Los Gatos Boulevard.
In the westbound direction, widen Lark A venue to provide three westbound lanes
and one right tum deceleration lane at the new project driveway ('A' Street), and
to provide four westbound lanes, two through and two right turn lanes, at State
Route 17 northbound ramps. The westbound lanes will taper from three lanes to
four lanes starting immediately west of' A' Street.
Provide a bike lane in the eastbound direction from State Route 17 northbound
ramps to Los Gatos Boulevard. A preserved 5-foot width will be provided in the
westbound direction from Los Gatos Boulevard to State Route 17 northbound
ramps.
Construct a pedestrian crosswalk across Lark Avenue immediately east of State
Route 17 northbound ramps.
Construct a raised median island along Lark A venue from State Route 17
northbound ramps to Los Gatos Boulevard .
Planning C ommission Staff Report -Page 13
North 40 Phase 1/S-13 -090/M-13-014
March 30, 2016
• Lark Avenue/State Route 17 Northbound Ramps Westbound :
Provide two through lanes and two 200-foot right tum lanes onto Northbound
State Route 17 freeway on-ramp.
Install a new signal to control the right tum movement for State Route 17 on-
ramp.
Install a pedestrian crosswalk crossing the east leg of intersection.
• Lark Avenue at Highland Oa ks Drive (un-signalized intersection):
Add a project driveway (South 'A ' Street) on Lark Avenue opposite Highland
Oaks Drive.
Provide left-in and right-in access and right-out access only.
Remove the left-tum lane from Lark Avenue into Highland Oaks Drive.
Provide an emergency vehicl e access turning left into Highland Oaks Drive.
Provide a left-tum lane from Lark Avenue into 'A' Street.
Add a right-tum deceleration lane into 'A ' Street .
Pedestrian movements cross ing Lark Avenue at Highland Oaks Drive/' A' Street
will be prohibited.
• La rk A venue/Los Gatos Boulevard :
Eastbound: provide two dedicated left tum lanes, one shared through-left lane
and one right tum lane.
Northbound : provide three dedicated left tum lanes, one through lane and one
shared through/right lane.
• Los Gatos Boulevard:
Construct a continuous median island along Los Gatos Boulevard from Lark
Avenue to the north project limits (Phase 1) except at the new intersection of
Neighborhood Street, where left-tum/U-turn lanes will be provided .
Provide a new signalized intersection at Neighborhood Street.
• Los Gatos Boulevard at Neighborhood Street (signalized intersection):
Southbound Los Gatos Boulevard will provide one left turn lane, one through lane
and one shared through/right lane . The improvements will not include a right-tum
deceleration lane into Neighborhood Street.
Northbound Los Gatos Boulevard will provide one left turn lane, one through
lane , and one shared through/right lane.
Neighborhood Street will have two entry lanes and two exit lanes.
• Multi-Use Path:
Along Los Gatos Boulevard from north of the project limits to approximately 800
feet north of Lark A venue, continuing into and through the project site,
connecting to Lark A venue.
Along Lark A venue from th e northeast comer of the State Route 17 no 1thbound
on-ramp to the northwest co rner of the Los Gatos Boulevard intersection .
Planning Commission Staff Report -Page 14
North 40 Phase 1/S-13-090/M-13-014
March 30, 2016
The connection to these intersections, i.e. Neighborhood Street/Los Gatos
Boulevard, Lark A venue/State Route 17 northbound on-ramp, Lark A venue/' A'
Street, and Lark A venue/Los Gatos Boulevard, will be constructed with enhanced
amenities, such as textured pavement and adequate waiting areas for pedestrians
and bicyclists, encouraging use of the multi-use path.
The location of the multi-use path is dependent on the off-site improvements,
such as future curb and sidewalk. The location of multi-use path along Lark
A venue and Los Gatos Boulevard will be finalized prior to recordation of the
Final Map.
• Transit Stop: Per the Specific Plan, transit stops are to be located in central locations,
accessible to a majority of the Specific Plan area. Due to physical constraints pending
the full build-out of Los Gatos Boulevard, the transit stops will remain at their existing
locations. A bus pullout will not be constructed .
• Included in the conditions of approval is a requirement for the applicant to install a bike
lane across the State Route 17 overpass, continuing to the Los Gatos Creek trail
entrance at Charter Oaks. This will require continued coordination with Caltrans to
implement.
• Sound Wall: The location of the sound wall is dependent on the off-site improvements,
such as the future curb, sidewalk, and multi-use path. The sound wall location in the
Vesting Tentative Map will be finalized prior to recordation of the Final Map.
H . Site Utility Improvements & Storm Drain Improvements
Storm Drain
The construction of the California State Route 17 /85 interchange installed a 36 inch
diameter storm drain pipe beneath California State Route 17 to Oka Road for the future
North 40 development. The development will install new pipe from Oka Road to an
existing 42 inch storm drain outfall stub at Los Gatos Creek.
On-site, the development will connect to the existing 36 inch storm drain pipe and to the
Town storm's drain system on Los Gatos Boulevard, alleviating an existing Town storm
drain line that is undersized .
Included in the proposed improvements are a series ofbioretention facilities which will
serve as stormwater treatment measures and minimize stormwater runoff. Additionally, a
hydromodification storage vault will ensure that the development will not increase the
potential for negative impacts to Los Gatos Creek.
Planning Commission Staff Report -Page 15
North 40 Phase l/S-13-090/M-l 3-0 14
March 30, 2016
Sanitary Sewe r
A 10 inch diameter sanitary sewer pipe was installed beneath California State Route 17,
extending from the development site's western boundary to just east of Oka Road. The
North 40 development will connect to the eastern stub to convey sewage from the
development through the site. At Oka Road , the development will install a short segment
of new pipe to connect to the existing sewer located within the Oka Road right -of-way.
Wat e r
An existing 24 inch water transmission pipe bisects the development area in a north-south
alignment. The development will connect to this facility within the Lark A venue right -of-
way and re-route the pipe through the project site, connecting again on Los Gatos
Boulevard. The development will al so connect to the existing domestic water lines within
both the Lark A venue and Los Gatos Boulevard rights-of-way and create a looped on-site
potable water system through its private streets and alleys.
J o int Trench
Existing dry utilities, such as gas and electric, fiber optic, telephone and cable, are present
within a joint trench located along the project's Los Gatos Boulevard and Lark Avenue
frontages . The development proposes to connect to these existing facilities at both the Lark
A venue/' A ' Street intersection and at Phase 1 's northern development boundary along Los
Gatos Boulevard. From these points of connection, new joint trench with these utilities
will run along Los Gatos Boulevard and through the private on-site streets and alleys to
provide connections to the residences and commercial buildings.
Review of the proposed utilities and discussions with the associated utility companies
confirms that the utility upgrades and connections constructed with the Phase 1
development will address the capacity needs for the future phases.
I. Architectural Consultant Review
The Consulting Architect reviewed the proposed development plans and provided a report
(Exhibit 13) that details his recommended changes . His report also includes his
professional opinion in regards to appropriateness of the architecture, details, and materials.
The Consulting Architect found ; "thi s has the potential of being an outstanding example of
a large scale mixed use development constructed in a relatively compressed time period,
but with a texture and character of a neighborhood that has evolved over a much longer
time frame ... the applicant has adopted an approach to providing high quality design with
the detail and diversity necessary to give the o verall development the "look and f eel of Los
Gatos ."
Planning Commission Staff Report -Page 16
North 40 Phase 1/S-13-090/M-13-014
March 30, 2016
The Consulting Architect provided five recommendations for the applicant to address. The
applicant provided a response to the Consulting Architects comments (Exhibit 14) and
those changes have been incorporated into the final development plans (Exhibit 1 ). The
Consulting Architect concluded (Exhibit 15) that his comments had been addressed in the
revised development plans . The Commission may consider the comments of the
Consulting Architect to assist in its review of the proposed applications.
The applicant is proposing a trellis to extend approximately 12 feet into the required 30-
foot setback along Los Gatos Boulevard for building B2 . This building is intended to be
restaurant space, and the trellis would provide a covered dining patio . The Specific Plan
permits setback reductions for non-residential buildings based on specific findings (Exhibit
4). The Specific Plan encourages the use of outdoor dining, and the allowance for the
trell is would assist in defining the dining area as well as providing a feel of separation from
Los Gatos Boulevard and the new intersection at Neighborhood Street.
J. Trees
There were two arborist reports prepared for the Specific Plan process, the first was
completed in 2011 (appendix Fin the EIR), and a second one in 2013 in preparation for
Phase I development. Of the 17 'Key Protected Trees' recommended to be saved within the
Specific Plan Area, eight are located in Phase 1. The 2013 report (Exhibit 16) downgraded
two of these eight trees to 'fair' (not worth preserving; trees 108 , and 134) and noted that
one of the trees had been removed from the site (#154) in 2011.
The 2013 arborist report (Exhibit 15) surveyed 96 trees on the property. This did not
include the orchard trees (walnuts that are less than 18 inches/protected size, which are
nearing the end of their viability). Of those 96 existing trees, 45 were classified as having
'excellent, good, or fair /good' preservation suitability. The ex isting (non-walnut) trees are
primarily either at the perimeter of the site, or in a cluster around the existing homes along
Bennett Way. The applicant informed the Town that they considered ways to preserve as
many trees as possible along the perimeter of the site and along Bennett Way; however,
due to necessary access improvements and site grading, the applicant determined that it
was infeasible to retain many of the trees. In Phase 1, the applicant is proposing to save 10
healthy trees. The applicant is proposing to continue to work with the Town's consulting
arborist in regards to protecting and retaining these existing trees throughout construction.
The application proposes to remove approximately 1,100 existing trees including the
orchard trees, and to plant over 1,900 trees on-site with the Phase 1 improvements .
K. Demolition
The HPC considered the proposed demolition on January 27, 2016 (Exhibit 12). The
Committee recommended approval of the demolitions proposed within Phase 1, with the
understanding that the applicant intends to comply with the direction of the Committee
regarding the Red Barn and the Adobe house located outside of the Phase 1 improvement
area.
Planning Commission Staff Report -Page 17
North 40 Phase l /S-13-090/M-13-014
March 30, 2016
L. Conceptual Development Advisory Committee
The Conceptual Development Advisory Committee (CDAC) considered the proposed
application on October 14, 2015 and November 11 , 2015. The Committee discussed
implementation of the proposed project in relation to Town policies and Ordinances and the
North 40 Specific Plan (Exhibit 11 ). The Committee, as required by the Specific Plan
reviewed and discussed the applicant's economic analysis report (Exhibit 9) and
acknowledged the report's findings that the proposed commercial development would not
have a negative impact on the downtown.
M. General Plan
The North 40 Specific Plan was found to be in compliance with the Town's General Plan
and the Town's Housing Element. The goals and policies of the 2020 General Plan
app li cable to this project include, but are not limited to:
• Policy LU-1 .8 -Commercial development of any type (office, retail, research and
development, etc.) shall be designed in keeping with the small-town character of Los
Gatos.
• Goal LU-12 -To ensure an appropriate mix ofland use types along Los Gatos
Boulevard in order to maintain the economic vitality of the corridor and continue to
serve the needs of Town residents.
• Goal LU-13 -To promote appropriate and compatible development along Los Gatos
Boulevard that complements the whole Town and serves residents and families .
• Goal CD-1 -Preserve and enhance Los Gatos 's character through exceptional
community design.
N. CEQA Determination
The Town Council certified an EIR for the North 40 Specific Plan on January 5, 2015. An
Initial Study has been prepared to analyze the proposed uses and improvements associated
with the Phase I project (Exhibit 3). The Initial Study concludes that the proposed
development app lications for Phase 1 comply with the environmental analysis completed
with the certified EIR, and therefore no additional environmental analysis is required for
the proposed applications. The recommended conditions of approval (Exhibit 6) include a
condition requiring implementation of the applicable mitigation measures from the adopted
Mitigation Monitoring and Reporting Program.
STORY POLES:
The applicant requested an exception to the Town's Story Pole Policy on February 16 , 2016.
The Town Council approved the applicant's request with modifications to the necessary time
frame as well as requiring additional buildings to be poled. The applicant implemented the
proposed story pole plan with the exception of the buildings along Los Gatos Boulevard and the
remainder of building A-1 due to unanticipated conflicts with the required guy wires to support
Planning Commission Staff Report -Page l8
North 40 Phase 1/S-13-090/M-13-014
March 30, 2016
the poles. The applicant is seeking a modification of the approved exception that is scheduled to
be considered by the Town Council on April 5, 2016. The applicant has not fulfilled the
requirements of the story pole exception and until the Town Council makes a determination on
the requested modification, the Planning Commission cannot take an action on the proposed
applications.
COORDINATION :
The information provided in this report and in the analysis of the applications was coordinated
with the Town Attorney's Office, Town Manager's Office, Parks and Public Works Department,
Santa Clara County Fire Department, the Bicycle and Pedestrian Advisory Committee, Caltrans,
Valley Transportation Agency, and the Silicon Val1ey Bicycle Coalition.
PUBLIC COMMENTS:
All correspondence received prior to 11 :00 a .m. on March 24, 2016 is included with this report
(Exhibit 21) and additional comments received after this date and before 11 :01 a.m. on March
30, 20 I 6 will be forwarded to the Commission consistent with Town policy. Additional public
comment is welcome prior to the continued discussion per Town policy.
In addition to the required public hearing notices, the Town has provided public notification and
outreach throughout the application review process. Staffhas provided updates on the
application and links to the current application materials through the What 's New section of the
Town·s Website, Next-Door, the Town s Facebook page, Twitter Feed, and through the email
list established during the North 40 Specific Plan process . Additionally the Town held a
Community Open House in coordination with the applicant, which included the display of the
applicant's scale model of the proposal and other information. Beginning in March 2016, the
applicant held weekly coffee and questions in the Town Council Chambers Lobby. These efforts
have provided an opportunity for the community to view the scale model, plans and materials,
ask questions of the applicant and/or staff, and provide comments.
SUMMARY AND RECOMMENDATION :
A. Summary
In its deliberations on the applications, the Commission has the discretion to consider the
overall Vision and Guiding Principles of the North 40 Specific Plan as well as other
elements of the Specific Plan .
Based on the analysis provided above, the proposed applications meet the technical
requirements of the North 40 Specific Plan, the goals and policies of the General Plan, and
the Town's Housing Element. The proposed traffic impacts will be mitigated based on the
required traffic mitigation fees and implementation of the proposed right-of-way
improvements . The Commission should consider the recommended conditions of approval
Planning Commission Staff Report -Page 20
North 40 Phase l /S-13-090/M-13-014
March 30, 2016
JP:MM:cg
cc: Grosvenor Americas, Don Capobres, I California St., Ste. 2500, San Francisco, CA 94111
Summerhill Homes, Wendi Baker, 3000 Executive Prkwy., Ste. 450, San Ramon, CA 94583
N:\DEV \PC REPORTS\20 16\No rth 40 3-30-16 (Fri da y-2).docx
NORTH 40
PHASE 1
EXHIBIT 2
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INITIAL STUDY
N ORTH 40 P HASE I
D EVELOPMENT P ROJECT
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014
PREPARED FOR
Town of Los Gatos
March 23, 2016
This document was produced on recycled paper.
N ORTH 40 P HASE 1
D EVELOPMENT P ROJECT
Initial Study
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014
PREPARED FOR
Town of Los Gatos
Joel Paulson, AICP, Community Development Director
110 East Main Street
Los Gatos, CA 95030
Tel 408.354.6875
PREPARED BY
EMC Planning Group Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Richard James, AICP
james@emcplanning.com
www.emcplanning.com
March 23, 2016
EMC PLANNING GROUP INC.
TABLE OF CONTENTS
A. B ACKGROUND ............................................................... 1
B. E NVIRONMENTAL F ACTORS P OTENTIALLY A FFECTED ..... 15
C. D ETERMINATION ......................................................... 16
D. E VALUATION OF E NVIRONMENTAL I MPACTS .................. 17
1.Aesthetics ......................................................................... 19
2.Agriculture and Forest Resources ........................................ 22
3.Air Quality ....................................................................... 24
4.Biological Resources .......................................................... 31
5.Cultural Resources ............................................................ 36
6.Geology and Soils .............................................................. 40
7.Greenhouse Gas Emissions ................................................. 43
8.Hazards and Hazardous Materials ....................................... 44
9.Hydrology and Water Quality ............................................. 48
10.Land Use and Planning ...................................................... 53
11.Mineral Resources ............................................................. 54
12.Noise ............................................................................... 55
13.Population and Housing ..................................................... 59
14.Public Services .................................................................. 60
15.Recreation ........................................................................ 62
16.Transportation/Traffic ....................................................... 63
17.Utilities and Service Systems .............................................. 68
18.Mandatory Findings of Significance .................................... 71
E. S OURCES .................................................................... 75
EMC PLANNING GROUP INC.
Appendices (CD Included on Inside Back Cover)
Appendix A Health Risk Analysis
Appendix B Environmental Site Summary
Appendix C Environmental Noise Review
Appendix D Traffic Reports
Figures
Figure 1 Regional Location .............................................................................. 7
Figure 2 Project Vicinity .................................................................................. 9
Figure 3 Existing Conditions .......................................................................... 11
Figure 4 Illustrative Site Plan ......................................................................... 13
EMC PLANNING GROUP INC.1
A. BACKGROUND
Project Title North 40 Phase I Development Project
Lead Agency Contact Person
and Phone Number
Town of Los Gatos Community Development Dept.
Marni Moseley, Associate Planner, 408-354-6802
Date Prepared March 23, 2016
Study Prepared by EMC Planning Group Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Richard James, AICP, Principal
Gina Hamilton, Senior Planner
Elizabeth King, Senior Planner
Project Location North of Lark Avenue, east of State Route 17, and west
of Los Gatos Boulevard in the Town of Los Gatos,
Santa Clara County, CA.
Project Sponsor Name and Address Grosvenor
One California Street, Suite 2500
San Francisco, CA 94111
Summerhill Homes
3000 Executive Parkway, Suite 450
San Ramon, CA 94583
Eden Housing
22645 Grand Street
Hayward, CA 94541
General Plan Designation North Forty Specific Plan
Zoning North Forty Specific Plan
Setting
The project site is located within the southern half of the North 40 Specific Plan area (“Plan
Area”) in the Town of Los Gatos. The project site comprises approximately 20.7 acres and is
bounded by Lark Avenue to the south, State Route 17 to the west, Los Gatos Boulevard to the
east, and State Route 85 to the north. Figure 1, Regional Location, and Figure 2, Project
Vicinity, identify the project location.
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Project Site Existing Conditions
The project site currently hosts a mixture of agricultural and urban uses. Two commercial
buildings and four houses are located along Los Gatos Boulevard. An additional 12 residences
and equipment shed are located on Lark Avenue and Bennett Way. Existing commercial uses
include offices, car rental, and a drinking establishment. Much of the project site is a walnut
orchard.
Project Vicinity Existing Conditions
Existing commercial uses adjacent to the project site and within the plan area include large
medical office buildings along Los Gatos Boulevard near Bennett Way and a gasoline station at
the intersection of Lark Avenue and Los Gatos Boulevard. A mix of houses, commercial, and
agricultural uses are located elsewhere within the plan area and commercial, office, and
residential uses are located across Los Gatos Boulevard and Lark Avenue. State Route 17 is to
the west of the project site. Figure 3, Existing Conditions, illustrates the existing land uses on
and near the project site.
Project Site and Vicinity Planning Designations
The Town of Los Gatos 2020 General Plan (”General Plan”) identifies the project site with the
North 40 Specific Plan Overlay land use designation, which is implemented through the North
40 Specific Plan. The project site is within the Lark and Transition districts of the North 40
Specific Plan, which allow a mix of residential and commercial uses and establish the
development standards for the project site.
CEQA Approach
The Town adopted the North 40 Specific Plan on June 17, 2015. Environmental documentation
for the North 40 Specific Plan, the North Forty Specific Plan Environmental Impact Report (“North
40 EIR”), was certified in January 2015. This initial study has been prepared to compare the
proposed project with the development assumptions studied in the North 40 EIR, to determine if
the North 40 EIR provides adequate environmental review under the California Environmental
Quality Act (“CEQA”), and to assess whether additional environmental review is required in
accordance with CEQA Guidelines section 15162.
Project Summary
The proposed project is Phase 1 of development under the North 40 Specific Plan, and includes
320 new residential units and 67,991 square feet (57,522 net leasable square feet) of new
NORTH 40 P HASE I D EVELOPMENT P ROJECT
EMC PLANNING GROUP INC.3
commercial space. Existing site improvements would be removed, including: 16 houses, five
commercial buildings (about 9,400 square feet), and accessory structures; an equipment barn;
related infrastructure, landscaping, and orchard trees. The proposed project would result in net
increases of 304 residential units and about 58,600 gross square feet of commercial space. The
applicant has submitted an Architecture and Site application and a Vesting Tentative Map for
Condominium Purposes application to the Town. The submittals include the following
supporting materials:
parcel subdivision map dimensional and horizontal control plans;
demolition diagram;
preliminary grading plan;
preliminary utility plan;
street and site cross-sections;
off-site improvements plan;
fire access diagram;
illustrative site plans;
building, parking, coverage, and open space tabulations;
landscape plans;
residential and commercial building elevations;
residential floorplans;
commercial site plans;
building height diagrams; and
shading diagrams.
The proposed land uses and their arrangement are consistent with the development regulations
contained in the North 40 Specific Plan. Figure 4, Illustrative Site Plan, shows the proposed
location of streets and buildings within the project site.
Transition District Development
Development within the Transition District is proposed to be high density mixed use
development consisting of retail, senior affordable housing, and condominiums designed for
small households (e.g.: young professional and empty nester). Uses in the Transition District
would be primarily multi-story buildings ranging in heights from 25 feet up to 55 feet. The
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proposed improvements for the Transition District include 127 residential units and 67,991 gross
square feet of commercial uses as well as 138,500 square feet of structured parking.
The commercial uses would be clustered along the Los Gatos Boulevard frontage between
Camino del Sol and Terreno de Flores Lane. The commercial component would consist of
restaurants, general and specialty retail, and personal services uses, with a 20,000 square-foot
specialty food market hall as a focal feature. Several one to two-story stand-alone retail buildings
and a live-work building would also be located in the Transition District. Included in the
commercial square footage is a 2,000 square-foot community meeting room.
The senior units would be located as part of a mixed use area within the Transition District. The
senior units would range from about 550 to 800 square feet, and occupy the second and third
stories of the market hall retail building. Row homes and condominiums would be three stories
in height and located between the retail mixed use area and the western boundary of the project
site. The row home and condominium units would range from 1,000 to 2,000 square feet in
buildings arranged around pedestrian paseos.
A combination of surface parking and parking garages would serve the condominiums and retail
uses and a one-story below grade parking garage would serve the senior residential and the
market hall. A variety of public spaces, including garden areas, parks, outdoor eating areas, and
plazas would be located within the Transition District for the use of residents and shoppers.
Lark District Development
The development in the Lark District is proposed to be residential with a centrally located
community park and interconnecting pedestrian paseos. The 193 residential units within the
Lark District would be comprised of one, two, and three bedroom units. The maximum building
height would be 35 feet.
The residential development would consist of garden cluster homes, row houses, and
condominium clusters. Garden cluster units would be built as five- seven- or eight-unit buildings
around individual yard areas, two and three stories tall, with attached and semi-attached units
ranging from approximately 1,200 to 2,000 square feet. The three-story row houses would be in
groups of five, six, or seven units, with units ranging from 1,500 to 1,950 square feet.
Condominium clusters would be three stories in height and include 16 units ranging in size
between 1,000 and 2,000 square feet. Parking would be provided in private garages accessed
from an alley or street.
Infrastructure
Existing infrastructure, including roads, parking areas, septic systems, and wells would be
removed from the project site. An existing regional water delivery pipeline would be re-located
NORTH 40 P HASE I D EVELOPMENT P ROJECT
EMC PLANNING GROUP INC. 5
within the project site and new utility and circulation infrastructure would be constructed to
serve the new development. On-site and off-site infrastructure improvements would be
constructed for the project. New storm water drainage facilities would be constructed to direct
storm water flows to Los Gatos Creek. New water lines would be installed to connect with the
San Jose Water Company facility to the west of Lark Avenue. New wastewater lines would be
constructed to collect wastewater and deliver it to trunk lines leading to the regional treatment
plant.
A new street (South Street A) would be constructed at the midway point on Lark Avenue
providing a connection from Lark Avenue through the residential development and connection
to the new street (Neighborhood Street) which provides access to the commercial area via Los
Gatos Boulevard. Neighborhood Street is located at a point approximately mid-way between
Bennett Avenue and Terreno de Flores Lane. Local private streets and alleys would provide
access to the residential development and provide additional circulation throughout the project
area. Sidewalks and pedestrian paseos (including a multi-use path) would interconnect
throughout the project site, including a path along Lark Avenue and Los Gatos Boulevard, and a
path connecting the Lark District residential uses with the commercial area. Off-site
improvements to the Lark Avenue onramp to northbound State Route 17 would be constructed.
Public Agencies Whose Approval is Required
Lead Agency
Town of Los Gatos
• Zoning Amendment;
• Lot Line Adjustment and Subdivisions;
• Conditional Use Permits;
• Architecture and Site Reviews;
• Encroachment Permits for improvements within a Town street right-of-way;
• Grading Permits;
• Tree Removal Permits;
• Demolition Permits; and
• Building Permits.
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Other Local or Regional Agencies
County of Santa Clara Department of Environmental Health, Solid Waste, and Site
Mitigation Programs (Responsible Agency)
• Construction within a contaminated soils clean-up area.
Santa Clara Valley Water District (Responsible Agency)
• Relocation of district water line.
• New storm water discharges to district facilities.
• Water Resources Protection Ordinance encroachment permit.
Regional Water Quality Control Board (Responsible Agency)
• National Pollutant Discharge Elimination System Permits.
Santa Clara Valley Transportation Authority (Responsible Agency)
• Bus stop construction and/or re-location.
West Valley Sanitation District
• Wastewater system connections
San Jose Water Company
• Water system connections and re-location of existing water transmission facilities
State Agencies
California Department of Transportation (Responsible Agency)
• Encroachment Permits for improvements within a State Route right-of-way.
California Department of Toxic Substances Control (Responsible Agency)
• Construction within a contaminated soils clean-up area.
ProjectSite
k
San Jose
Los Gatos
Saratoga
UV87
UV9
UV17
UV85
UV35
§¨¦880
§¨¦280
USGS, NGA, NASA, CGIAR,NRobinson,NCEAS,NLS,OS,NMA,Geodatastyrelsen,GSA and the GISUser Community
Figure 1Regional Location
North 40 Phase 1 Initial Study
SiteLocation
Gilroy
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Concord Stockton
Vallejo
Berkeley
Salinas
Sunnyvale
Modesto
Fremont
San Francisco
San Jose
Regional Location
0 2 miles Source: Esri 2010
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community Source: Esri 2010
Figure 2Project Vicinity
North 40 Phase 1 Initial Study
0 0.5 miles
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Phase I
Source: Google Earth 2011
Figure 3
North 40 Phase 1 Initial Study
Existing Conditions
Project Boundary
0 400 feet
OrchardHouseCommercial
Building BarnSound Barrier Wall
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EMC PLANNING GROUP INC.15
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one new impact that is a “Potentially Significant Impact.”
Aesthetics Greenhouse Gas
Emissions
Population/Housing
Agriculture and Forestry
Resources
Hazards & Hazardous
Materials
Public Services
Air Quality Hydrology/Water Quality Recreation
Biological Resources Land Use/Planning Transportation/Traffic
Cultural Resources Mineral Resources Utilities/Service Systems
Geology/Soils Noise Mandatory Findings of
Significance
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C. DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and
an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or
“potentially significant unless mitigated” impact on the environment, but at least one
effect (1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and (2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (1) have been analyzed adequately
in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,
and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
Joel Paulson, Community Development Director Date
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EMC PLANNING GROUP INC. 17
D. EVALUATION OF ENVIRONMENTAL IMPACTS
Notes
1. A brief explanation is provided for all answers except “No Impact” answers that are
adequately supported by the information sources cited in the parentheses following each
question. A “No Impact” answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved
(e.g., the project falls outside a fault rupture zone). A “No Impact” answer is explained
where it is based on project-specific factors as well as general standards (e.g., the project
will not expose sensitive receptors to pollutants, based on a project-specific screening
analysis).
2. All answers take account of the whole action involved, including off-site as well as on-
site, cumulative as well a project-level, indirect as well as direct, and construction as well
as operational impacts.
3. Once it has been determined that a particular physical impact may occur, then the
checklist answers indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. “Potentially Significant Impact” is
appropriate if there is substantial evidence that an effect may be significant. If there are
one or more “Potentially Significant Impact” entries when the determination is made, an
EIR is required.
4. “Negative Declaration: Less-Than-Significant Impact with Mitigation Measures
Incorporated” applies where the incorporation of mitigation measures has reduced an
effect from “Potentially Significant Impact” to a “Less-Than-Significant Impact.” The
mitigation measures are described, along with a brief explanation of how they reduce the
effect to a less-than-significant level (mitigation measures from section XVII, “Earlier
Analyses,” may be cross-referenced).
5. Earlier analyses are used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier document or negative
declaration. [Section 15063(c)(3)(D)] In this case, a brief discussion would identify the
following:
a. “Earlier Analysis Used” identifies and states where such document is available for
review.
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18 EMC PLANNING GROUP INC.
b. “Impact Adequately Addressed” identifies which effects from the checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and states whether such effects were addressed by
mitigation measures based on the earlier analysis.
c. “Mitigation Measures”—For effects that are “Less-Than-Significant Impact with
Mitigation Measures Incorporated,” mitigation measures are described which were
incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project.
6. Checklist references to information sources for potential impacts (e.g., general plans,
zoning ordinances, etc.) are incorporated. Each reference to a previously prepared or
outside document, where appropriate, includes a reference to the page or pages where
the statement is substantiated.
7. “Supporting Information Sources”—A source list is attached, and other sources used or
individuals contacted are cited in the discussion.
8. This is the format recommended in the CEQA Guidelines as amended January 2011.
9. The explanation of each issue identifies:
a. The significance criteria or threshold, if any, used to evaluate each question; and
b. The mitigation measure identified, if any to reduce the impact to less than
significant.
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1. AESTHETICS
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Have a substantial adverse effect on a scenic
vista? (1, 2, 3, 5)
b. Substantially damage scenic resources,
including but not limited to trees, rock
outcroppings, and historic buildings within a
state scenic highway? (1, 11)
c. Substantially degrade the existing visual
character or quality of the site and its
surroundings? (1, 2, 3, 5)
d. Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area? (2, 3)
Comments:
a. As discussed in the North 40 EIR (pages 3-8 – 3-10), the North 40 Specific Plan
establishes development parameters for the project site, some of which could have an
effect on views of scenic vistas, including specifications for landscaping, development
density, bulk, and height of future development. Of these, height limits and landscaping
are most likely to have effects on views.
The North 40 Specific Plan allows a hotel and a mixed use with affordable units building
up to 45 feet tall, and residential and non-residential buildings up to 35 feet tall. A further
height limit of 25 feet is placed on any portion of a building within 50 feet of Lark
Avenue or Los Gatos Boulevard. With the exception of the market hall/senior housing
building, all of the proposed buildings are 35 feet tall or lower. The market hall/senior
housing building would have a height of 45 to 51 feet, including architectural features
and mechanical equipment. The height exception is being requested as a waiver of
development standards through the State Density Bonus Law which prohibits the Town
from imposing a design standard that precludes the applicant from providing the density
(number of units) permitted with the density bonus.
The North 40 EIR determined that buildings near State Route 17 could reach 35 feet in
height before they began to break the mid-range vegetation line shown in North 40 EIR
Figure 14. The buildings proposed adjacent to State Route 17 have a maximum height of
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20 EMC PLANNING GROUP INC.
35 feet. The buildings would be visible from the highway until the buffer landscaping
matured, at which time they would be obscured from view. The market place/senior
housing building would be located about 425 feet from the State Route 17 right-of-way,
and the additional 10 to 13 feet of height would not interfere with views toward the
Santa Cruz Mountains.
The North 40 EIR determined that the tree buffer proposed in the North 40 Specific Plan
along the State Route 17 and State Route 85 frontages would be consistent with General
Plan policy, which calls for a vegetative buffer and screening along the freeways. The
North 40 EIR noted that the list of three tree species identified in the North 40 Specific
Plan for the perimeter areas adjacent to the freeway may eventually reach dimensions
that could result in partially obscured views of the mountains from State Route 17. The
North 40 EIR concluded that the landscape buffer along State Route 17 and State Route
85 would implement General Plan policy, and the landscape screening would have a
less-than-significant impact on scenic views. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
The North 40 Specific Plan provides a list of three acceptable trees for the perimeter
areas adjacent to the freeways: Coast live oak (Quercus agrifolia), Coast redwood (Sequoia
sempervirens), and Monterey pine (Pinus radiata). The planting palette for the Transition
District identifies these three tree species as buffer trees (Architecture and Site
application, sheet 2.5). The Lark District planting palette does not show any particular
trees for the highway buffer area, but Sheet 6.18 provides a detail showing the use of
Canary Island Pine adjacent to the proposed sound wall, therefore, a vegetative buffer
would obscure views of most of the proposed Lark District buildings. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
b. State Route 17 is not an eligible scenic highway where it passes the project site. The
project site is not visible from State Route 85. The North 40 EIR concluded that neither
of the adjacent State Route segments is designated as a scenic highway, and therefore,
development under the North 40 Specific Plan would not damage scenic resources
within a state scenic highway (North 40 EIR, page 3-10). The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
c. The project site includes developed areas and orchards. The clearest views into the
project site are from Lark Avenue and northbound State Route 17. The proposed project
would result in development of approximately half of the undeveloped land within the
North 40 Specific Plan. Phase 1 development is expected to occur over a period of
approximately two to five years. The North 40 Specific Plan establishes development
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EMC PLANNING GROUP INC. 21
parameters that will affect how development changes the character of the project site,
including requirements for open space and landscaping, and limitations on height,
density, and bulk of future development. The proposed project is consistent with the
development parameters. The proposed project would result in development heights
mostly similar to the existing office buildings within the Plan Area and along Los Gatos
Boulevard. In one area, the project proposes buildings taller than those currently existing
on the west side of Los Gatos Boulevard, but lower than buildings in neighboring
jurisdictions in close proximity to the project site and Los Gatos Boulevard.
Development of the proposed project would be consistent with that envisioned in the
North 40 Specific Plan, and compatible with existing development within the Plan Area
as well as in adjacent areas. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary. North 40 EIR Mitigation
Measure AES-1 requires setbacks to existing houses, to reduce the severity of changes in
aesthetic character, however the proposed project does not include any locations where
this would apply.
d. The proposed project would result in development consistent with that considered in the
North 40 EIR and the approved Specific Plan. The North 40 EIR concluded that
development under the North 40 Specific Plan would result in less-than-significant
impacts associated with light and glare (North 40 EIR, page 3-15). The proposed project
would be subject to the same lighting policy identified in the North 40 EIR (Policy CD-
3.2). In addition, development would be subject to the lighting and design standards
identified in the North 40 Specific Plan which address effects of lighting and glare.
Therefore, the proposed project would result in less-than-significant impacts associated
with light and glare. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
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2. AGRICULTURE AND F OREST R ESOURCES
In determining whether impacts on agricultural resources are significant environmental effects
and in assessing impacts on agriculture and farmland, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California
Department of Conservation as an optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information compiled by the
California Department of Forestry and Fire Protection regarding the state’s inventory of forest
land, including the Forest and Range Assessment Project and the Forest Legacy Assessment
project; and forest carbon measurement methodology provided in Forest Protocols adopted by
the California Air Resources Board. Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to nonagricultural use?
(1,2,4)
b. Conflict with existing zoning for agricultural
use, or a Williamson Act contract? (1, 2,5)
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))? (1)
d. Result in the loss of forest land or conversion
of forest land to non-forest use? (1)
e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland to nonagricultural use or
conversion of forest land to non-forest use?
(1,2,4)
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EMC PLANNING GROUP INC. 23
Comments:
a. The North 40 EIR determined that portions of the Plan Area planted in orchard are
designated as Unique Farmland, and that implementation of the North 40 Specific Plan
would result in the conversion of approximately 27 acres of Unique Farmland to urban
uses. The North 40 EIR concluded that the loss of this Unique Farmland is a significant
and unavoidable impact, and the Town Council adopted a statement of overriding
considerations finding that the benefits of development on this land will outweigh the
significant and unavoidable environmental impact (North 40 EIR, page 3-20).
The proposed project would result in the conversion of the same agricultural lands as
were evaluated in the North 40 EIR. Therefore, the loss of agricultural land attributed to
the proposed project has already been adequately analyzed and disclosed in the North 40
EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
b. The North 40 EIR determined that the plan area is not under Williamson Act contract,
nor are any nearby parcels within Los Gatos (General Plan, Land Use Element, Figure
LU-2). The portions of the project site that are planted in orchard were formerly zoned
Resource Conservation. With final approval of Ordinance 2242 on August 4, 2015, the
Los Gatos Town Council re-zoned the project site to North 40 Specific Plan Area. The
proposed project is consistent with the North 40 Specific Plan development regulations.
The proposed project would have no impact on land under Williamson Act contracts or
zoned for agricultural uses. This determination is consistent with that in the North 40
EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
c/d. The majority of the project site is planted in orchards, and the remainder of the project
site is developed with residential and commercial uses. There are no forestry resources in
the project site, and thus no impact.
e. The North 40 EIR determined that the North 40 Specific Plan would not result in
impacts to agricultural or forest resources beyond that identified earlier. The proposed
project is consistent with the North 40 Specific Plan, and likewise does not have the
potential to affect agricultural resources not already discussed above. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
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3. AIR Q UALITY
Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would
the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation of
the applicable air quality plan?
(1, 2, 5,17,19, 21)
b. Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation? (1, 2, 16,20, 21)
c. Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is nonattainment under an
applicable federal or state ambient air quality
standard (including releasing emissions,
which exceed quantitative thresholds for
ozone precursors)? (1, 2, 19, 21)
d. Expose sensitive receptors to substantial
pollutant concentrations? (1, 2, 20, 21,23)
e. Create objectionable odors affecting a
substantial number of people? (1, 2, 3,4)
Comments:
a. The North 40 EIR identifies Bay Area Air Quality Management District (“air district”)
2010 Clean Air Plan control measures that are potentially applicable to residential and
commercial projects. These control measures are summarized in Section 3.3, Air
Quality, in the North 40 EIR, pages 3-42 – 3-44. The North 40 EIR determined that the
North 40 Specific Plan would implement many of the control measures, which are
requirements of the General Plan or the Los Gatos Sustainability Plan. However, the EIR
also determined that several of the control measures would not be implemented. The
North 40 EIR concluded that implementation of mitigation measures presented in
Section 3.13, Transportation and Traffic, and implementation of North 40 EIR
Mitigation Measures AQ-1, AQ-2, and AQ-3 would eliminate conflicts with the 2010
Clean Air Plan and reduce impacts associated with inconsistencies with applicable
control measures of the 2010 Clean Air Plan to a less-than-significant level.
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EMC PLANNING GROUP INC. 25
The proposed project would be required to implement these mitigation measures as
applicable. Implementation of these mitigation measures would reduce project impacts
associated with inconsistencies with applicable control measures of the 2010 Clean Air
Plan to a less-than-significant level. This conclusion is consistent with that in the North
40 EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
North 40 EIR Mitigation Measures Addressing Impacts
AQ-1. Low NOX emitting heating systems shall be required for commercial, office, and hotel uses.
AQ-2. Parking lots shall provide charging stations at a rate of no less than one percent of parking
spaces.
AQ-3. All commercial developments shall incorporate energy reduction measures, including cool
pavement materials, cool roof materials, and/or renewable energy sources, such as on-site
solar power, to partially off-set electricity needs within the Plan Area. Common areas
within commercial, office, and hotel developments shall utilize solar-generated or other
renewable source electricity, or provide facilities for contribution of a like amount of
renewable electricity to the electric grid.
TR-4. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority regarding the provision of a shuttle service or regularly scheduled direct bus route
service to the Vasona light rail station, to be in service concurrent with commencement of
revenue service on the Vasona light rail extension.
TR-5. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority, and other agencies to ensure that the Plan Area is developed in a manner that
takes full advantage of the transit opportunities afforded by the Vasona Light Rail.
TR-6. Development within the Lark District near the intersection of Lark Avenue and Los Gatos
Boulevard shall provide a direct pedestrian/bicycle access between residential areas and the
intersection of Los Gatos Boulevard and Lark Avenue.
TR-7. Either bicycle lanes or sharrows (shared lane markings) shall be provided on A Street
between Los Gatos Boulevard and Lark Avenue. The speed limit shall be no greater than
30 miles per hour, and Bikes May Use Full Lane signs (Caltrans sign R4-11) shall be
placed on streets marked with sharrows.
b/c. The air basin is in non-attainment for ozone and particulate matter. Future emissions of
ozone precursors (nitrogen oxides or volatile organic compounds) or particulate matter
(PM10 or PM 2.5) from specific development projects could result in an increase in non-
attainment criteria pollutants within the air basin. Vehicle miles traveled is the air
district’s recommended measure of a plan’s long-term effect on criteria air pollutant
emissions (North 40 EIR, page 3-45).
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As discussed in the North 40 EIR (pages 3-45 and 3-46), to compare vehicle miles
traveled, the plan area’s existing population and trips were compared to projected
population and trips. The service population in the plan area was expected to increase by
over 800 percent, but the vehicle miles traveled was estimated to increase by only about
400 percent, therefore, there would be a reduction in vehicles miles traveled per capita,
and no significant impact on criteria air pollutants. The proposed project is consistent
with the North 40 Specific Plan and should realize the same or similar reduction in per
capita vehicle miles traveled. The certified North 40 EIR adequately addresses the
impacts and therefore, no further environmental analysis is necessary.
d. Construction of the proposed project would take place adjacent to several existing
houses. Construction of the storm water drainage connection west of Oka Road would
take place adjacent to the Bonnie View mobile home park. Construction of the water
main connection south of Lark Avenue would take place adjacent to houses on Highland
Oaks Drive. Construction in these locations would result in dust emissions (particulate
matter) that could affect residents of these areas.
The North 40 EIR concluded that implementation of Mitigation Measure AQ-4 would
reduce impacts associated with construction dust to a less-than-significant level (North
40 EIR, page 3-47; North 40 Final EIR, page 3-5). The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
North 40 EIR Mitigation Measure Addressing Impacts
AQ-4. The developer(s) shall implement basic dust control measures at all on-site and off-site
locations where grading or excavation takes place. The developer(s) shall implement
additional dust control measures at all on-site and off-site locations where grading or
excavation takes place within 200 feet of residential properties.
Basic Dust Control Measures:
a. All 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;
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EMC PLANNING GROUP INC. 27
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used; and
f. Post a publicly visible sign(s) with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
Additional Dust Measures
g. All excavation, grading, and/or demolition activities shall be suspended when
average wind speeds exceed 20 mph;
h. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted
in disturbed areas as soon as possible and watered appropriately until vegetation is
established; and
i. Unpaved roads shall be treated with a three to six inch compacted layer of wood
chips, mulch, or gravel.
The project site is adjacent to two arterial streets and one freeway. High volumes of
traffic, including heavy diesel trucks, use these roads. State Route 17 has an average
daily traffic volume of 86,000 vehicles, and the Lark Avenue onramp has a daily volume
of 14,400 vehicles. State Route 17 traffic includes about 2.5 percent heavy duty trucks
and about three percent other trucks. Los Gatos Boulevard and Lark Avenue have daily
traffic volumes of fewer than 30,000 vehicles (North 40 EIR, page 3-48).
Based on air quality assessment prepared for the North 40 Specific Plan (Illingworth and
Rodkin 2013), the North 40 EIR determined that the diesel particulate matter and total
organic gas emission cancer risks associated with Los Gatos Boulevard and Lark Avenue
are less than significant beyond ten feet from the edge of those roadways. For State
Route 17, Illingworth and Rodkin conducted in-depth dispersion modeling of toxic air
contaminants to evaluate health risk factors. Based on the results of this modeling, as
presented in the air quality assessment, the North 40 EIR also determined that cancer
risks were projected to be the highest at the southwest corner of the project site, near the
State Route 17 on-ramp from Lark Avenue, where the cancer risk was 14.3 cases in one
million. Cancer risks that exceed the air district’s ten-in-one million threshold were
projected to extend northward for the entire length of the project site’s western boundary,
and extend into the project site by about 100 to 140 feet. Due to changes in diesel engines
and diesel fuel that were phased in through 2015, and ongoing changes to the fleet mix
on highways, the extent of the project site affected by toxic air contaminants is expected
to drop. As of 2015, the area of significant effect is expected to be only about 50 feet into
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the project site. Non-cancer health risks from diesel particulate matter and total organic
gas emissions did not exceed the air district’s threshold. The location of health risks in
excess of thresholds is identified on Figure 15, Health Risks, in the North 40 EIR (page
3-49). The air quality assessment is included as Appendix D in the North 40 EIR.
The North 40 Specific Plan designates a perimeter overlay zone at all of the plan area
boundaries. The perimeter overlay zone includes a minimum 30-foot setback of buildings
from the State Route 17 property boundary. The North 40 Specific Plan also includes a
landscaped buffer within this setback along State Route 17. However, residential uses
could be placed within areas with toxic air contaminants in excess of standards (North
40 EIR, page 3-51), i.e. the area between 30 feet and 50 feet from the highway right-
of-way.
The North 40 EIR concluded that implementation of Mitigation Measures AQ-5 and
AQ-6, as presented in Section 3.3, Air Quality, in the North 40 EIR would reduce toxic
air contaminant health risks to a less-than-significant level (North 40 EIR, pages 3-48
and 3-51). North 40 EIR Mitigation Measure AQ-6 requires further study if residential
development is proposed within 50 feet of State Route 17.
North 40 EIR Mitigation Measures Addressing Impacts
AQ-5. High efficiency filtration (MERV rating of 13 or greater) on ventilation systems shall be
required in residential, hotel, and office units located in areas along State Route 17
identified in the EIR as having cancer risk in excess of 10 cases per million.
AQ-6. Ground-level outdoor residential yards that are not oriented to the Los Gatos Boulevard
side of the Plan Area, shall be located no closer than 100 feet from the State Route 17 right-
of-way prior to 2015, and, subject to air hazards modeling to confirm, no closer than 50 feet
from the State Route 17 right-of-way thereafter (when diesel fuel and engine changes will
reduce diesel emissions levels).
(Additional analysis has demonstrated that the Phase 1 residential building placement as
shown on the plan set dated February 8, 2016, is acceptable.)
The Vesting Tentative Map indicates that some residential units (all or part of about six
units) would be closer than 50 feet from State Route 17. Illingworth and Rodkin was
contacted and stated that the MERV 13 ventilation system filtration required by
Mitigation Measure AQ-5 would be enough to reduce average cancer rates at the
residences to below 10 cases per million, with or without a 50-foot setback. New homes
in California must have mechanical ventilation systems, per requirements of California
Code of Regulations 2008, Title 24, Section 150(o), and the filtration can be incorporated
into this system. The reduction in health risks within the interior of buildings would
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EMC PLANNING GROUP INC. 29
result in an overall reduction in health risks, so that the higher risk associated with
outdoor air exposure would be offset. Illingworth and Rodkin estimate that with an
average of two hours of outdoor air exposure and use of MERV 13 filtration, the
averaged exposure would be reduced by about 46 percent. Therefore, with
implementation of the MERV 13 filtration, the averaged cancer risk would be expected
to decrease by close to half, and the location with the highest cancer risk factor would be
reduced to below the 10.0 cases per million threshold. The Illingworth and Rodkin
modeling was conducted for locations 1.5 meters (about five feet) above ground level.
Studies indicate that toxic air contaminant concentrations are reduced at heights
corresponding to the second and third stories of buildings, thus reducing outside
exposures for balconies. Refer to Appendix A, Health Risk Analysis, for additional
detail. Exposure of residents to toxic air contaminant health risks would be less than
significant. The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
As discussed in the North 40 EIR, development under the North 40 Specific Plan would
increase traffic volumes at numerous intersections and reduce levels of service at several
intersections. However, the proposed project would not result in hourly traffic volumes
in excess of 44,000 vehicles at any of the street intersections, and therefore, the North 40
EIR concluded that development under the North 40 Specific Plan would not result in a
significant environmental impact from concentrations of carbon monoxide (pages 3-51).
The proposed project would constitute partial build-out of the plan area as described in
the North 40 Specific Plan and evaluated in the North 40 EIR. Because of this, increases
in traffic volumes would be less than were calculated for the North 40 Specific Plan, and
the proposed project would likewise result in less-than-significant impacts from
concentrations of carbon monoxide. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
As discussed in the North 40 EIR (page 3-51), the gas station within the plan area has a
screening level cancer risk that is significant to a distance of about 100 feet from the gas
pumps. Additional analysis was conducted by Illingworth and Rodkin (2013), who
determined that cancer risk at 50 feet from the pumps would be 2.4 cases in one million.
The Lark Avenue Carwash has gas pumps, with a cancer screening level risk of 1.6 cases
in one million. The San Jose Water Company operates a back-up generator at the
reservoir south of Lark Avenue, and at least 350 feet from the project site. Illingworth
and Rodkin estimated the cancer risk at the nearest project site boundary to be 5.8 cases
in one million. All of the stationary sources within 1,000 feet of the plan area have
cancer risk levels below the threshold of 10 new cases in one million. The North 40 EIR
concluded that toxic air emissions from stationary sources would have a less-than-
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significant environmental impact (page 3-51). The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
As discussed in the North 40 EIR (pages 3-51 and 3-52), demolition of buildings that
could include asbestos-containing materials could pose a health risk. Standard
requirements for permitting removal and handling of asbestos would reduce potential
effects from asbestos from building demolition to a less-than-significant level. Soils-borne
asbestos is considered a significant issue when susceptible populations may be exposed to
asbestos, such as at playgrounds and schools, or residential yards. The project site is not
adjacent to a stream that could have transported asbestos from ridge tops, where it
typically originates. The North 40 EIR concluded that the likelihood of high levels of
asbestos in the soil is low, and considered a less-than-significant impact (North 40 EIR
page 3-52). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
e. The North 40 EIR determined that, based on the land uses proposed in the North 40
Specific Plan, there is no potential for substantial odors. The proposed project includes
the same ranges of land uses as directed by the North 409 Specific Plan, and would result
in no impacts associated with substantial odors (North 40 EIR, page 3-52). The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
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4. BIOLOGICAL R ESOURCES
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, regulations, or by the
California Department of Fish and Wildlife
or US Fish and Wildlife Service? (1,2,3,4,5)
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
or US Fish and Wildlife Service? (1,2,3,4)
c. Have a substantial adverse effect on federally
protected wetlands, as defined by section 404
of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.),
through direct removal, filing, hydrological
interruption, or other means? (1,2,3,4)
d. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites? (1,2,3,4)
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
(1,2,3,4,12,13)
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan? (1,2,3,4)
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Comments:
a. The North 40 EIR determined that (pages 3-61 and 3-62):
The plan area contains suitable areas for protected nesting birds, and if protected
nesting birds are nesting in or adjacent to a construction or tree trimming/removal
area during the bird nesting season (February 1 through August 31), then
construction activities could result in the loss of eggs, nestlings, or otherwise lead to
nest abandonment, which would be a significant impact. Based on the presence of
suitable nesting habitat, there is moderate potential that, during certain times of the
year, the project site could contain the active nests of protected bird species.
Sustained noise-generating disturbance activities generating sustained noise greater
than 85 decibels have the potential to adversely impact protected nesting birds.
Mature tree removal could conflict with General Plan policy ENV 4.7, which
establishes protective measures requiring the preparation of a mitigation plan prior
to the removal of nesting habitat for development.
Although burrowing owl was not observed during 2011 focused surveys, there is
some, albeit low, potential for this species to become established and occupy
habitats within the project site prior to construction activities, based on the presence
of patches of non-native grassland containing active ground squirrel burrows.
Marginally suitable roosting habitat is present within the project site for special-
status pallid bat (Antrozous pallidus). Therefore, development under the North 40
Specific Plan (specifically demolition of buildings where bats may roost) has some,
albeit low potential to directly affect individual pallid bats should they be roosting
on the project site during construction activities.
The North 40 EIR concluded that implementation of Mitigation Measures BIO-1
through BIO-5 regarding special-status species, as presented in Section 3.4, Biological
Resources, in the North 40 EIR would reduce potentially significant impacts to these
protected biological resources to a less-than-significant level (North 40 EIR, pages 3-62
and 3-63). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary. The proposed project would result in
development that was considered in the North 40 EIR. Therefore, the proposed project
could result in the same potential significant impacts to special-status species as those
identified in the North 40 EIR. Implementation of Mitigation Measures BIO-1 through
BIO-5 would reduce potentially significant impacts to special-status species to a less-
than-significant level.
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EMC PLANNING GROUP INC. 33
North 40 EIR Mitigation Measures Addressing Impacts
BIO-1. If noise generation, ground disturbance, vegetation removal, or other construction activities
begin during the nesting bird season (February 1 to August 31), or if construction activities
are suspended for at least two weeks and recommence during the nesting bird season, then
the project developer shall retain a qualified biologist to conduct a pre-construction survey
for nesting birds. The survey shall be performed within suitable nesting habitat areas on the
project site, and as feasible within 250 feet of the site boundary, to ensure that no active
nests would be disturbed during project implementation. This survey shall be conducted no
more than two weeks prior to the initiation of disturbance and/or construction activities. A
report documenting the survey results and plan for active bird nest avoidance (if needed)
shall be completed by the qualified biologist and submitted to the Town of Los Gatos for
review and approval prior to disturbance and/or construction activities.
If no active bird nests are detected during the survey, then project activities can proceed as
scheduled. However, if an active bird nest of a native species is detected during the survey,
then a plan for active bird nest avoidance shall determine and clearly delineate an
appropriately sized, temporary protective buffer area around each active nest, depending on
the nesting bird species, existing site conditions, and type of proposed disturbance and/or
construction activities. The protective buffer area around an active bird nest is typically 75-
250 feet, determined at the discretion of the qualified biologist and in compliance with
applicable project permits.
To ensure that no inadvertent impacts to an active bird nest will occur, no disturbance
and/or construction activities shall occur within the protective buffer area(s) until the
juvenile birds have fledged (left the nest), and there is no evidence of a second attempt at
nesting, as determined by the qualified biologist.
The developer(s) shall be responsible for the implementation of this mitigation measure,
subject to monitoring by the Town of Los Gatos.
BIO-2. To avoid impacts to burrowing owls, a qualified biologist will conduct a two-visit (i.e.
morning and evening) pre-construction presence/absence survey at all areas of suitable
habitat on and within 300 feet of the construction site within 30 days prior to the start of
construction. Surveys will be conducted according to methods described in the Revised Staff
Report on Burrowing Owl Mitigation (California Department of Fish and Wildlife 2012).
If pre-construction surveys are undertaken during the breeding season (February through
August) and locate active nest burrows near construction zones, then these nests and a 200-
meter (600-foot) exclusion zone will be delineated which must remain off-limits to ground-
disturbing activities until the breeding season is over. The exclusion zone shall be clearly
delineated/fenced, and work could proceed within the exclusion zone after the biologist has
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34 EMC PLANNING GROUP INC.
determined that fledglings were capable of independent flight and the California
Department of Fish and Wildlife has approved the recommencement of work inside the
exclusion zone, or has authorized physical relocation of the owls. Nesting owl pairs
physically relocated (after consultation and approval from the California Department of
Fish and Wildlife) as a consequence of construction activities are typically provided a
habitat replacement mitigation ratio of 6.5 acres per owl pair/territory relocated.
The project developer(s) shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the Town of Los Gatos.
BIO-3. To avoid impacting active bat roosts, if present, any vacant buildings on the site proposed
for removal that are boarded up prior to construction (dark in the daytime) shall be opened
in the winter months (prior to mid-March) to allow in light, making these areas non-
suitable for use as bat roosts.
The developer(s) shall be responsible for the implementation of this mitigation measure,
subject to monitoring by the Town of Los Gatos.
BIO-4. Mature trees removed due to project implementation shall be removed in two stages (with
the limbs removed one day, and the main trunk removed on a subsequent day) to allow any
potentially present day-roosting bats the opportunity to relocate. If bat roosts are
encountered during tree removal, a bat specialist shall be hired to assist in any relocation
efforts.
The developer(s) shall be responsible for the implementation of this mitigation measure,
subject to monitoring by the Town of Los Gatos.
b-d. The North 40 EIR determined that there is no riparian habitat, no potentially
jurisdictional wetlands or waterways, or any natural wildlife movement corridors in the
plan area (North 40 EIR pages 3-63 and 3-64).
The proposed storm water improvements consist of the installation of a storm drainage
pipe connecting an existing 36-inch pipe crossing under State Route 17 with an existing
42-inch pipe and outfall to Los Gatos Creek, consistent with the North 40 Specific Plan
The North 40 EIR concluded that development under the North 40 Specific Plan would
result in no on- or off-site impacts to riparian habitat, wetlands, and movement corridors
(North 40 EIR, pages 3-63 and 3-64). The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
e. The proposed project would result in development consistent with the North 40 Specific
Plan, as considered in the North 40 EIR. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary. The
North 40 EIR concluded that implementation of Mitigation Measure BIO-5 regarding
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EMC PLANNING GROUP INC. 35
tree removal, as presented in Section 3.4, Biological Resources, in the North 40 EIR and
below would reduce impacts to protected trees to a less-than-significant level (North 40
EIR, pages 3-64).
North 40 EIR Mitigation Measure Addressing Impacts
BIO-5. Prior to tree removal, a Tree Preservation Report or Tree Protection Plan shall be prepared
by a qualified arborist, and a Tree Removal Permit shall be obtained stipulating exactly
how many protected trees of each species will be removed and how many will then be
required as replacement plantings, along with where they can be planted, and any
applicable maintenance requirements. Retained trees shall be protected during construction
according to the measures specified in the Tree Protection Ordinance (Town of Los Gatos
2003).
The project developer(s) shall be responsible for the implementation of this mitigation
measure, subject to monitoring by the Town of Los Gatos.
f. The North 40 EIR determined that (page 3-65):
The plan area is not located within a habitat conservation plan area or natural
community conservation plan area.
The Plan Area is outside the boundary of the Santa Clara Valley Habitat Plan. The
Santa Clara Valley Habitat Plan covers Los Gatos Creek to the west, and extensive
areas to the east, but does not include the plan area.
Based on these determinations, the North 40 EIR concluded that development under the
North 40 Specific Plan would result in no impacts associated with development within a
habitat plan area (North 40 EIR, pages 3-65). The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
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5. CULTURAL R ESOURCES
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Cause a substantial adverse change in the
significance of a historical resource as
defined in section 15064.5? (2,3,4)
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to section 15064.5? (2,3,4,6)
c. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature? (1,2,3,4,5)
d. Disturb any human remains, including those
interred outside of formal cemeteries?
(2,3,4,6)
Comments:
a. The North 40 EIR determined that the North 40 Specific Plan would result in significant
and unavoidable impacts to historic resources due to the removal of buildings within the
plan area that have been identified as potentially historic, having an association with the
area’s agricultural past. Six buildings (or groups of buildings on a single site) are listed in
the historic resources evaluation (Appendix G in the North 40 EIR) as potentially
eligible as state historic resources (Final EIR, pages 4-8 and 4-9). The implementation of
Mitigation Measures CR-1 as presented in Section 3.5, Cultural Resources, in the North
40 EIR would reduce the significance of the impact to a less-than-significant level (North
40 EIR, pages 3-77 and 3-78; Final North 40 EIR, page 4-9). Note that Mitigation
Measure CR-2 is only applicable if potentially historic buildings are proposed for
retention, which is not the case for the proposed project.
The proposed project would result in the removal three of the potentially historic
buildings (three houses along Los Gatos Boulevard) that were identified for removal and
considered in the North 40 EIR. Therefore, the proposed project would result in the
same type of impacts to historic resources as those identified for the North 40 EIR. The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary. Implementation of Mitigation Measures CR-1 as
presented in Section 3.5, Cultural Resources, in the North 40 EIR, would reduce the
significance of the impact to a less-than-significant level.
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EMC PLANNING GROUP INC. 37
North 40 EIR Mitigation Measure Addressing Impacts
CR-1. Prior to demolition of buildings within the Plan Area identified as potentially historic
resources, the developer(s) shall prepare photographic documentation of the buildings
meeting the documentation standards of the Historic American Buildings Survey/Historic
American Engineering Record (HABS/HAER), as presented in the North 40 Specific Plan
Historic Resources Technical Report. The historic documentation shall be prepared at
Level IV (sketch plan, digital photographs of exterior and interior views, and
HABS/HAER inventory cards) for the potentially historic buildings. No historic
documentation shall be required for the orchard, except as may be incidentally included in
the documentation of the structures.
The developer(s) shall prepare, or retain a qualified professional who meets the standards
for architectural historian and/or historical architect set forth by the Secretary of the
Interior (Secretary of the Interior’s Professional Qualification Standards, 36 CFR 61) to
prepare documentation of historic resources prior to any construction work associated with
demolition or removal.
The Town of Los Gatos shall identify appropriate repositories for housing the historical
documentation at the time of the project-level analysis. An interpretive display shall be
incorporated into the design of commercial development within the Plan Area.
b. Based on background information and the archeological report prepared by
Archaeological Consulting (2011), the North 40 EIR concluded that no surface evidence
of potentially significant archaeological resources exists within the plan area. However,
the proposed project would include excavations for buildings and pipelines, including
off-site pipelines. Because unknown significant buried cultural resources could be present
at the project site, and uncovered during grading or excavation activities, the potential
exists for disturbance of significant archaeological resources. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary. Implementation of Mitigation Measure CR-3, as presented in Section 3.5,
Cultural Resources in the North 40 EIR would reduce this impact to a less-than-
significant level.
North 40 EIR Mitigation Measure Addressing Impacts
CR-3. For grading or excavations deeper than four feet below the existing surface, a qualified
archaeologist shall be retained to monitor the excavations. The archaeologist shall be
present on-site to observe a representative sample of deep grading or excavations in at least
three areas within the Plan Area until satisfied that there is no longer a significant
potential for finding buried resources. In the event that any potentially significant
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archaeological resources (i.e., potential historical resources or unique archaeological
resources) are discovered, the project archaeologist shall designate a zone in which
additional archaeological resources could be found and in which work shall be stopped. A
plan for the evaluation of the resource shall be submitted to the Community Development
Director for approval. Evaluation normally takes the form of limited hand excavation and
analysis of materials and information removed to determine if the resource is eligible for
inclusion on the California Register of Historic Resources.
In the event that significant paleontological, historic, and/or archaeological remains are
uncovered during excavation and/or grading in the absence of an archaeological monitor,
all work shall stop in the area of the subject property until a qualified archaeologist can
assess the find and, if necessary, develop an appropriate data recovery program.
The Planning Division of the Community Development Department shall be responsible
for ensuring the implementation of this mitigation measure. Costs will be the responsibility
of the developer(s).
c. The General Plan EIR cites the University of California Museum of Paleontology in
determining that there are no fossil localities within the Town of Los Gatos (General
Plan EIR, page 4.4-15), but determined that deep excavations could disturb unknown
underground paleontological resources. The proposed project would involve excavation
for underground parking and for installation of pipelines. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary. Implementation of Mitigation Measure CR-4, as presented in Section 3.5,
Cultural Resources in the North 40 EIR and General Plan Policy OSP-9.4 would reduce
this potential impact to a less-than-significant level.
North 40 EIR Mitigation Measure Addressing Impacts
CR-4. 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
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EMC PLANNING GROUP INC. 39
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.
The Planning Division of the Community Development Department shall be responsible
for ensuring the implementation of these mitigation measures. Costs will be the
responsibility of the developer(s).
d. The Plan Area is not known to contain human remains, but excavation during
construction of project improvements within the project site, or off-site pipelines, could
result in disturbance of human remains, should they be buried in areas where
excavations are made. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary. Implementation of Mitigation
Measure CR-4, as presented in Section 3.5, Cultural Resources in the North 40 EIR and
in item 5c, above, would reduce this impact to a less-than-significant level.
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6. GEOLOGY AND S OILS
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
(1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the
area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42? (2,3,4)
(2) Strong seismic ground shaking? (2,3,4)
(3) Seismic-related ground failure,
including liquefaction? (2,3,4)
(4) Landslides? (2,3,4)
b. Result in substantial soil erosion or the loss
of topsoil? (2)
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction, or collapse? (2,7)
d. Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property? (2)
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater? (3,4)
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Comments:
a (1-4). The North 40 EIR determined that the plan area would be subject to strong shaking
during a moderate to large earthquake on any of several regional earthquake faults.
However, based on soil and groundwater conditions, and applicable building codes and
engineering standards, impacts associated with seismic activity would be less than
significant (North 40 EIR pages 3-86 and 3-87). The proposed project would result in
development within the plan area boundaries that were considered in the North 40 EIR.
Therefore, the proposed project would result in the same impacts associated with seismic
activity as those identified in the North 40 EIR. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
b. The North 40 EIR determined that compliance with Los Gatos Town Code section
12.20.010 – which requires projects to obtain a grading permit prior to ground
disturbance – and Los Gatos Town Code section 12.20.050 – which requires an erosion
and sedimentation control plan be prepared for projects that expose large areas of bare
soil – that the proposed North 40 Specific Plan would not result in significant erosion
impacts (North 40 EIR, page 3-87). The certified North 40 EIR adequately addresses the
impacts and therefore, no further environmental analysis is necessary.
During construction, the project site would require mass grading for on-site development
and excavation that would be required for installation of on-site and off-site pipelines,
both of which would provide the potential for soil erosion by wind or water if
preventative steps are not taken. The Los Gatos Town Code sections cited above would
prevent significant impacts. An Interim Erosion Control Plan has been prepared for the
proposed project and is included in the Tentative Map. With implementation of the
erosion control plan, no significant erosion impacts would occur. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
c. The North 40 EIR determined that because the project site is essentially level, underlain
within about five feet of the surface with dense sands, and that groundwater is very deep,
the project site is not subject to collapse. The North 40 EIR concluded that
implementation of the Specific Plan would have no impacts associated with soil stability
(North 40 EIR, page 3-87). The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
d. The North 40 EIR determined that the soils within the plan area are composed of sandy
and gravelly constituents that would not be subject to expansion or shrink-swell
characteristics. The North 40 EIR concluded that implementation of the North 40
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Specific Plan would have no impacts associated with expansive soils (North 40 EIR,
page 3-87). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
e. Septic systems are not proposed as part of the proposed project. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
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7. GREENHOUSE G AS E MISSIONS
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
(2,3,4,16)
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of
reducing the emissions of greenhouse gases?
(2,3,4,5,18)
Comments:
a. Based on a greenhouse gas analysis prepared for the North 40 Specific Plan (Illingworth
and Rodkin 2013), the North 40 EIR determined that greenhouse gas emissions per
capita per year would be below the air district threshold of 6.6 metric tons of CO2e per
capita per year (North 40 EIR, page 3-104). Neither the Town of Los Gatos nor the air
district has quantified greenhouse gas thresholds for construction activities. However,
these emission levels would be less than the air district’s project operational threshold of
1,100 MT of CO2e per year (North 40 EIR, page 3-105). The proposed project is
consistent with the North 40 Specific Plan, and greenhouse gas impacts would be less
than significant. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary. The greenhouse gas analysis is
included in Appendix D in the North 40 EIR.
b. The North 40 EIR concluded that the North 40 Specific Plan was in compliance with the
General Plan and greenhouse gas reduction plans (North 40 EIR page 3-105). The
proposed project is consistent with the North 40 Specific Plan, as evaluated in the North
40 EIR, and would implement many of the Los Gatos Sustainability Plan policies. The
proposed project would not conflict with policies designed to reduce GHG emissions.
The certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
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8. HAZARDS AND H AZARDOUS M ATERIALS
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials? (2,3,4)
b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment? (2,3,4)
c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school? (2,3,4)
d. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code section
65962.5 and, as a result, create a significant
hazard to the public or the environment?
(2,8,9,10,22)
e. For a project located within an airport land-
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or a public-use airport, result in a safety
hazard for people residing or working in the
project area? (2)
f. For a project within the vicinity of a private
airstrip, result in a safety hazard for people
residing or working in the project area? (2)
g. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation plan?
(2)
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Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
h. Expose people or structures to a significant
risk of loss, injury, or death involving
wildland fires, including where wildlands
area adjacent to urbanized areas or where
residences are intermixed with wildlands? (2)
Comments:
a/b. The proposed project includes residential, commercial, retail, and open space/park uses.
The proposed project does not involve the types of land uses that would involve the
transport, storage, or use of significant quantities of hazardous materials. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
c. One private school, the Yavneh Day School located at 14855 Oka Road, is located
within one quarter mile of the project site. However, as discussed above and in the North
40 EIR, proposed project uses would not involve significant quantities of hazardous
materials, and would not result in the release of hazardous materials. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
d. A search of the Envirostor and Geotracker databases indicates that no Cortese List sites
are located within the plan area (California Department of Toxic Substances Control
2015, California Department of Water Resources 2015). Based on a Phase II
Environmental Site Assessment prepared for the North 40 Specific Plan Area (ENGEO
2013), the North 40 EIR determined that levels of pesticide residue, lead, and arsenic are
below the environmental screening threshold, and do not pose a danger to health (North
40 EIR, page 3-114). The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
The project site has been affected by migration of toxic materials that spilled from
leaking underground gasoline storage tanks formerly located at the Lark Avenue Car
Wash on the opposite side of Lark Avenue. The hazardous materials reports prepared for
the North 40 Specific Plan concluded that constraints to development would arise only if
on-site groundwater were to be used, for example for domestic use or during
construction. The surface and near-surface soils are considered suitable for residential
uses (ENGEO 2013, page 6, as presented in the North 40 EIR, page 3-114). The
proposed project would utilize water provided by the San Jose Water Company; no
groundwater is proposed to be extracted from within the project site. The North 40 EIR
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concluded that street, building, and utility improvements at the south end of the project
site, and off-site water pipeline improvements within and south of Lark Avenue would
occur in soils within the boundary of the Lark Avenue Car Wash contamination plume.
Remediation of the Lark Avenue Car Wash fuel leak is not yet complete.
The North 40 EIR concluded that Mitigation Measure HAZ-1 as presented in Section
3.8, Hazards and Hazardous Materials, in the North 40 EIR would reduce impacts
associated with contaminated soils to less than significant (North 40 EIR, pages 3-114
and 3-115). An updated hazardous materials report prepared by Engeo concluded that
contaminated groundwater was at least 30 feet below the surface at the project site, and
posed no danger to the proposed uses. Refer to Appendix B, Environmental Site
Summary. The County Department of Environmental Health continues to work with the
Lark Avenue Car Wash to remediate the fuel leak.
The proposed project would result in development that was considered in the North 40
EIR. Therefore, the proposed project would result in the same impacts associated with
contaminated soils as those identified in the North 40 EIR. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
North 40 EIR Mitigation Measure Addressing Impacts
HAZ-1. Prior to issuance of permits for activities involving grading or excavation within Lark
Avenue, the San Jose Water Company property, the south end of the Plan Area (within the
contaminated area delineated on County of Santa Clara Department of Environmental
Health records for the Lark Avenue Car Wash fuel leak case), or immediately adjacent
areas, the developer shall consult with the Department of Environmental Health regarding
the potential for disturbance of contaminated soils. The developer shall either conduct pre-
excavation soil testing at an appropriate depth to the proposed work and review results with
the Department of Environmental Health, or assume contamination of the soils and
proceed with appropriate safeguards, established in consultation with the Department of
Environmental Health. Unless pre-excavation soil testing shows no contamination, post-
excavation soil testing shall be conducted. If testing shows soil contamination levels are in
excess of acceptable levels, the developer shall implement appropriate protective measures in
consultation with the Department of Environmental Health, including worker protocols
and soil handling and disposal protocols. The presence of contamination may necessitate
the use of workers who have been properly trained in accordance with 29 CFR 1910.120. If
soil testing shows acceptable contamination levels, no further soils measures may be
required. If excavations reach free groundwater, the developer shall stop work and consult
with the Department of Environmental Health.
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e/f. The North 40 EIR determined that the project site is not within an Airport Land Use
Plan, is not within two miles of a public airport, and is not near a private landing strip.
The North 40 EIR concluded that implementation of the North 40 Specific Plan would
have no impacts associated with proximity to an airport or airport hazards. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
g. The project site is adjacent to major thoroughfares and is within one mile of one major
hospital, three additional hospitals and a local fire station. The North 40 EIR determined
that development would not impair access to these roads or facilities or interfere with
response during an emergency, would not interfere with implementation of the
emergency operations plans identified in the Town’s Emergency Operations Plan (North 40
EIR pages 3-115 and 3-116), and that there would be no impact on emergency plans. The
proposed project is consistent with the North 40 Specific Plan and would not interfere
with emergency response. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
h. The North 40 EIR determined that the project site is classified as a non-Very High Fire
Hazard Severity Zone, within the local responsibility area. Areas with this classification
have a low potential for wildlands fires. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
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9. HYDROLOGY AND W ATER Q UALITY
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Violate any water quality standards or waste
discharge requirements? (1,2,5)
b. Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., would the
production rate of preexisting nearby wells
drop to a level which would not support
existing land uses or planned uses for which
permits have been granted? (2)
c. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or off-site? (2)
d. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface run-off in a manner which
would result in flooding on- or off-site? (2)
e. Create or contribute run-off water, which
would exceed the capacity of existing or
planned storm water drainage systems or
provide substantial additional sources of
polluted run-off? (2,8,22)
f. Otherwise substantially degrade water
quality? (2)
g. Place housing within a 100-year flood hazard
area as mapped on Federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? (2)
h. Place within a 100-year flood hazard area
structures which would impede or redirect
flood flows? (2)
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Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
i. Expose people or structures to a significant
risk of loss, injury, or death involving
flooding, including flooding as a result of the
failure of a levee or dam? (2)
j. Be subject to inundation by seiche, tsunami,
or mudflow? (2)
Comments:
a. The North 40 Specific Plan includes guidelines consistent with the San Francisco Bay
Region Basin Plan, Watershed Action Plan, and the General Plan. There would be no
conflict with water quality plans or regional water quality requirements. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
b. As stated in the North 40 EIR the proposed project would receive water from the San
Jose Water Company in greater quantities than are currently delivered to the project site.
The Los Gatos service area of the San Jose Water Company obtains water from two
surface water sources: local surface water from the Santa Cruz Mountains, and treated
surface water provided by the Santa Clara Valley Water District.
Groundwater elevations have been kept within the Santa Clara Valley Water District’s
targets, based on operational storage capacity, and additional groundwater recharge is
planned to maintain a balance in the aquifer. Therefore, even if increased groundwater
pumping is necessary regionally, groundwater aquifers will be maintained in balance,
and there would be no impact on groundwater levels. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
c. Grading permits and preparation of an erosion and sedimentation control plan is
required by the Town. Because the disturbance area would exceed one acre, a storm
water pollution prevention program would be required in conformance with the National
Pollutant Discharge Elimination System Construction General Storm Water Permit.
With implementation of these requirements, the proposed project would not result in
significant erosion or sedimentation impacts from on-site or off-site grading and
excavation activities. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
Drainage that currently infiltrates on-site or is conveyed to a location on Los Gatos
Creek south of State Route 85, would be re-routed through an existing pipe under State
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Route 17, and discharged through a currently inactive outfall to Los Gatos Creek near
the Bonnie View mobile home park. In addition, off-site drainage from properties along
Los Gatos Boulevard would also be diverted to this location.
In compliance with the requirements of the Santa Clara Valley Urban Runoff Pollution
Prevention Program, a hydro-modification analysis was prepared to determine if the
changes in volume, rate, and location of discharge would result in increased erosion
within the Los Gatos Creek channel. Modeling assumed that most of the plan area
would be built at 90 percent impervious. The analysis concluded that over a modeled
period of 18 years, the cumulative sediment load carried in Los Gatos Creek would
increase by 0.02 percent due to the increased flows from the plan area, and that this
would be a less-than-significant impact on Los Gatos Creek (ESA PWA 2013). The
proposed project is a subset of the land area included in the modeling. The project
proposes impervious land coverage of about 76 percent (Vesting Tentative Map, Storm
Water Control Plan), which is below the level assumed in the modeling. Therefore, the
proposed project would not have impacts more severe than analyzed in the North 40
EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
d. Hydro-modification analysis modeling, as documented in the North 40 EIR, assumed
that most of the plan area would be built at 90 percent impervious, which is a
conservative assumption, given the requirement for 30 percent overall open space within
the plan area. The project proposes impervious land coverage of about 76 percent, which
is below the level assumed in the modeling. With implementation of Low Impact
Development measures, which are required by the municipal storm water permit, and
are likely to reduce off-site flows, the flow study concluded that the flows would not
result in flooding and the impact would be less than significant. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
e. The proposed project includes excavation of soils some of which may have been
contaminated by gasoline storage tank leaks at the Lark Avenue Car Wash. Soil
excavated in this area could contain toxic contaminants, and displacement of the soil
could potentially result in contaminants being released from the soil. Released
contaminants could be transported to Los Gatos Creek, or contaminated soil could be
transported to another location, and released contaminants could be transported to other
waters. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary. Mitigation Measure HAZ-1, presented in
Section 3.8 Hazards and Hazardous Materials of the North 40 EIR, would reduce this
impact to a less-than-significant level.
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North 40 EIR Mitigation Measures Addressing Impacts
HAZ-1. Prior to issuance of permits for activities involving grading or excavation within Lark
Avenue, the San Jose Water Company property, the south end of the Plan Area (within the
contaminated area delineated on County of Santa Clara Department of Environmental
Health records for the Lark Avenue Car Wash fuel leak case), or immediately adjacent
areas, the developer shall consult with the Department of Environmental Health regarding
the potential for disturbance of contaminated soils. The developer shall either conduct pre-
excavation soil testing at an appropriate depth to the proposed work and review results with
the Department of Environmental Health, or assume contamination of the soils and
proceed with appropriate safeguards, established in consultation with the Department of
Environmental Health. Unless pre-excavation soil testing shows no contamination, post-
excavation soil testing shall be conducted. If testing shows soil contamination levels are in
excess of acceptable levels, the developer shall implement appropriate protective measures in
consultation with the Department of Environmental Health, including worker protocols
and soil handling and disposal protocols. The presence of contamination may necessitate
the use of workers who have been properly trained in accordance with 29 CFR 1910.120. If
soil testing shows acceptable contamination levels, no further soils measures may be
required. If excavations reach free groundwater, the developer shall stop work and consult
with the Department of Environmental Health.
f. The project site is within the Guadalupe River watershed of the Santa Clara Basin and is
not adjacent to a riparian corridor, so the objectives and strategies aimed at protecting
the water quality of off-site drainage are the most relevant to the proposed project. The
North 40 Specific Plan includes general guidelines consistent with the San Francisco Bay
Region Basin Plan and Watershed Action Plan. The proposed project includes detailed plans
and measures for protecting water quality during construction and operation of the
project (Tentative Map sheets 1.13, 1.14, and 1.6). With these guidelines and measures
in place there will be a less-that-significant impact on water quality. The certified North
40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
g-j. The project site is not located within a 100-year flood zone; the site is located within a
500-year flood zone. If flooding were to occur, it would be infrequent, and most likely
minor.
The project site is located within the dam failure inundation area of Lenihan Dam at
Lexington Reservoir on Los Gatos Creek. Lenihan Dam was seismically upgraded in the
past five years, and the state inspects dams regularly to ensure safety; therefore, dam
failure is unlikely.
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The North 40 EIR determined that risk of inundation by seiche, tsunami, or mudflow is
less than significant. The Plan Area is not located adjacent to a large body of water, so
seiches and tsunamis are not possible. The plan area is essentially level, and is
surrounded by essentially level ground, so mudflows are not possible (North 40 EIR,
page 3-132). The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
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10. LAND U SE AND P LANNING
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Physically divide an established community?
(1,2,5)
b. Conflict with any applicable land-use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to, the general plan, specific plan,
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect? (1,2,5)
c. Conflict with any applicable habitat
conservation plan or natural community
conservation plan? (1,2,3,4)
Comments:
a. The proposed project is on an in-fill site situated adjacent to State Route 17 on the west
side, and two arterials on the south and east, and will have future North 40 Specific Plan
phase 2 development to the north. The project site is partially developed land located
within a developed urban area. The proposed project would include residential,
commercial, and retail uses and would not result in the physical division of the
community. The proposed project is consistent with the North 40 Specific Plan. The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
b. The proposed project is consistent with the North 40 Specific Plan, adopted by the Town
Council on June 17, 2015. The North 40 Specific Plan was found to be consistent with
the General Plan. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
c. The project site is not within a habitat conservation area or natural community
conservation plan and is outside the boundary of the Santa Clara Valley Habitat
Conservation Plan / Natural Community Conservation Plan. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
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11. MINERAL R ESOURCES
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Result in loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state? (2, ,5)
b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated in a local general plan, specific
plan, or other land-use plan? (2, 5)
Comments:
a/b. As stated in the North 40 EIR, mineral resources are not addressed in the General Plan
EIR. The North 40 EIR determined that the North 40 Specific Plan would not result in
any impacts to mineral resources because there is no active mining within the plan area
or anywhere within the Town, and the mineral resources in the vicinity of the plan area
are not considered significant (North 40 EIR, page 3-86). The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
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12. NOISE
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Result in exposure of persons to or
generation of noise levels in excess of
standards established in the local general
plan or noise ordinance, or in applicable
standards of other agencies? (2,14,24)
b. Result in exposure of persons to or
generation of excessive ground-borne
vibration or ground borne noise levels? (2,14)
c. Result in a substantial permanent increase in
ambient noise levels in the project vicinity
above levels existing without the project?
(2,14)
d. Result in a substantial temporary or periodic
increase in ambient noise levels in the project
vicinity above levels existing without the
project? (2,14)
e. For a project located within an airport land-
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public-use airport, expose people residing
or working in the project area to excessive
noise levels? (2)
f. For a project located within the vicinity of a
private airstrip, expose people residing or
working in the project area to excessive noise
levels? (2)
Comments:
a. The major noise source near the project site is traffic on State Route 17, Los Gatos
Boulevard, and Lark Avenue. There are no significant stationary noise sources near the
project site. Noise sources associated with existing uses within the project site are traffic
to and from residences and businesses, and agricultural operations in the orchard.
The North 40 Specific Plan includes construction of a noise barrier commencing at the
south end of the existing noise barrier along State Route 17, and continuing south to
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Lark Avenue and east along Lark Avenue for approximately 200 feet (or approximately
150 feet of west of South A Stret). From the existing noise barrier to a point
approximately 200 feet north of Lark Avenue the noise barrier will be 14 feet tall; from
that point to Lark Avenue, the noise barrier will be 12 feet tall, and along Lark Avenue
the noise barrier will be 10 feet tall for a length of about 100 feet and eight feet tall
thereafter. Consistent with the North 40 Specific Plan, the proposed project includes the
noise walls. The North 40 EIR determined that noise levels at residential buildings
would exceed the Town’s Ldn 65 dBA exterior noise standards for that use: up to Ldn 66
dBA at grade and up to Ldn 74 dBA at 40 feet above grade. Mitigation Measure N-1
requires the sound walls that are incorporated as part of the North 40 Specific Plan;
Mitigation Measure N—2 requires architectural noise reduction features to reduce
interior noise levels to Ldn 45 dBA when exterior noise levels are greater than Ldn 65
dBA; and Mitigation Measure N-3 places requirements on residential building
orientation near Los Gatos Boulevard. Charles M. Salter prepared architectural noise
attenuation recommendations for the proposed project, in satisfaction of the
requirements of Mitigation Measure N-2. Refer to Appendix C, Environmental Noise
Review. The recommendations will be part of the project conditions, and incorporated
into construction drawings for the affected buildings.
Additional measures to reduce stationary noise generation to meet the Town Code
standards, are described in Los Gatos Town Code Sections 16.20.15 to 16.20.25 and
General Plan Table NOI-2. These measures are expected to include equipment selection
and orientation, noise barriers, roof screens and enclosures. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary. Following are the applicable mitigation measures from the North 40 EIR:
North 40 EIR Mitigation Measures Addressing Impacts
NOI-1. A noise barrier shall be constructed commencing at the south end of the existing noise
barrier along State Route 17, and continuing south to Lark Avenue and east along Lark
Avenue for approximately 300 feet (or approximately 50 feet of west of Highland Oaks
Drive). From the existing noise barrier to a point approximately 200 feet north of Lark
Avenue the noise barrier shall be 14 feet tall; from that point to Lark Avenue, the noise
barrier shall be 12 feet tall, and along Lark Avenue the noise barrier shall be 10 feet tall for
a length of about 100 feet and 8 feet tall thereafter. The noise barrier shall have a decorative
design and/or include plantings or a planting buffer that would improve the appearance of
the barrier from State Route 17 and Lark Avenue.
NOI-2. Future development located on sites that are shown in the North 40 Specific Plan EIR as
exceeding the normally acceptable noise level of the Town of Los Gatos 2020 General Plan
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and Town noise ordinance shall demonstrate that building designs and placement
adequately reduce noise. If a study shows that actual noise (and projected noise levels at
Specific Plan build-out) will exceed applicable Town noise standards, site and/or building
plans shall identify measures to meet these standards. The developer(s) shall be responsible
for preparing noise studies and implementing noise attenuation measures as conditions of
project approval and construction. The developer(s) shall:
Identify outdoor use spaces and building design or barrier walls to reduce
environmental noise to 65 dBA Ldn or lower;
Identify exterior-to-interior sound insulation measures, such as sound rated
windows and doors, to reduce environmental noise to 45 dBA Ldn or lower
indoors at residences and hotel guest rooms; and
As windows will need to be closed to meet the allowable interior noise level across
the site, residences and hotel guest rooms shall incorporate ventilation or air-
conditioning systems to provide a habitable interior environment, consistent with
California Building Code requirements. Systems must not compromise sound-
insulation of the building shell.
NOI-3. Future development projects shall be designed so that all podium buildings are oriented to
shield outdoor courtyards from the adjacent roadways. Future development projects shall be
designed so that residences along Los Gatos Boulevard incorporate noise barriers as needed
to shield outdoor use spaces. Outdoor use areas (excluding outdoor areas that are
principally landscaped areas, parking areas, or sidewalks) shall meet the 65 dBA Ldn or
lower outdoor noise standard. The applicant for each development project shall submit
building and site plans demonstrating compliance with this measure.
NOI-4. Future non-residential development on sites where the Ldn noise levels are 68 dBA or
higher as shown in the North 40 Specific Plan EIR, shall include site-specific noise
attenuating building designs providing sound-rated construction that will reduce interior
levels to the California Green Building Code requirement of Leq-1hr 50 dBA or lower.
Alternatively, the developer(s) can demonstrate that exterior walls and roofs have been
designed to have sound insulation ratings of STC 50 or higher, with minimum STC 40
windows.
NOI-5. Future development shall provide building-specific designs to reduce stationary noise source
noise generation to the Town Code standards, as described in The Los Gatos Town Code
Sections 16.20.15 to 16.20.025 and General Plan Table NOI-2. These measures are
expected to include equipment selection and orientation, noise barriers, roof screens and
enclosures.
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In addition, implementation of Mitigation Measure NOI-6 would reduce potentially
significant vibration impacts of the proposed project to a less-than-significant level. This
determination is consistent with that in the North 40 EIR.
b. Based upon the information provided in the North 40 EIR Table 15- Vibration Source
Levels for Typical Construction Equipment, vibration levels could reach up to 86 VdB
for use of construction trucks and even higher with the use of large bulldozers or pile
drivers at sensitive uses located within 25 feet of the equipment. Because construction
activities are normally short-term in nature, it is possible that under limited conditions
where high vibration generating equipment is used near residential developments, use of
such equipment could be a source of short-term annoyance, but not likely a source of
excessive long term vibration impacts. Consequently, the impact is less than significant.
There are no known vibration sensitive uses or vibration-generating uses in the proposed
project. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
North 40 EIR Mitigation Measure Addressing Impacts
NOI-6. Future development projects that include vibration-sensitive facilities, or businesses with
highly vibration-sensitive equipment shall quantify vibration levels and demonstrate
project-specific building designs to reduce vibration to acceptable levels.
c/d. Since no existing residences would remain adjacent to the project site, the noise increase
during construction would be less than significant. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
e/f. The project site is not within two miles of an airport land use plan, is not within two
miles of a public airport, and is not near a private landing strip (Google Maps 2013). The
nearest airports are San Jose International Airport, seven miles to the north, and Reid-
Hill view Airport, nine miles to the northeast. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
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13. POPULATION AND H OUSING
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Induce substantial population growth in an
area, either directly (e.g., by proposing new
homes and businesses) or indirectly (e.g.,
through extension of roads or other
infrastructure)? (1,2,3,4,14)
b. Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere? (1,2,3,4,14)
c. Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere? (1,2,3,4,14)
Comments:
a. The North 40 EIR determined that the development densities proposed under the North
40 Specific Plan are equal to or less than those envisioned for the area in the General
Plan. The General Plan envisioned up to 750 housing units and 580,000 square feet of
commercial development within the Plan Area. The North 40 Specific Plan limits
development to 270 housing units and 501,000 square feet of commercial and/or office
space.
The proposed project would result in the construction of 320 residential units. The
project proposes 237 base units, and is entitled to the additional 83 units because at least
11 percent of the base units are affordable. The density bonus units are not subject to
density limits in accordance with state law. Housing and population within the plan area
would be within that anticipated in the General Plan and analyzed in the North 40 EIR,
and the proposed project would have no impact on population growth. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
b/-c. The North 40 EIR assumed that up to 36 houses would be removed, and that there
would be 364 residential units at buildout. The proposed project would remove 16
houses and develop a total of 320 new units, of which 50 would be affordable senior
housing units for a cumulative total of 336 units which is below the 364 units assumed in
the North 40 EIR. Therefore, impacts to housing and population would be less than
significant. The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
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14. PUBLIC S ERVICES
Would the proposed project result in substantial adverse physical impacts associated with the
provision of or need for new or physically altered governmental facilities, the construction of
which could cause significant environmental impacts, in order to maintain acceptable service
ratios, response times, or other performance objectives for any of the following public services:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Fire protection? (1,3,4,14)
b. Police protection? (1,3,4,14)
c. Schools? (1,3,4,14)
d. Parks? (1,3,4,14)
e. Other public facilities? (1,3,4,14,15)
Comments:
a. The North 40 EIR and the General Plan EIR indicate that the proposed project would be
adequately served by the Santa Clara County Fire Department, without the need for new
or expanded facilities. The proposed project is within the unit count analyzed in the
North 40 EIR. Therefore, the proposed project would not require any new or expanded
fire department facilities. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
b. The North 40 EIR determined that the Town’s police services office space was expanded
in recent years, and should be adequate to accommodate the increased demands brought
about by implementation of the North 40 Specific Plan. Because no new or expanded
police department facilities would be required, the North 40 EIR concluded that the
North 40 Specific Plan would result in no impact for police facilities. The proposed
project is within the unit count analyzed in the North 40 EIR. Therefore, the proposed
project would not require any new or expanded police department facilities. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
c. The North 40 EIR determined that the North 40 Specific Plan would generate a net
increase of approximately 47 students. Payment of the state-mandated school impact fees
would mitigate impacts to schools to a less-than–significant level. The proposed project
has fewer residential units than analyzed in the North 40 EIR, and 50 of these are senior
units. Therefore, the proposed project would not require any new or expanded school
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facilities and result in a less-than-significant impact. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
d. The North 40 EIR determined that new housing included in the North 40 Specific Plan
would result in an increase in the use of existing parks and recreational facilities, and this
additional use could have physical impacts on these the facilities. The plan area is served
by a large number of existing park and recreational facilities, within several different
jurisdictions and districts, and these would provide adequate park area to serve new
residents. No new or expanded parks facilities would be required. The proposed project
is within the unit count analyzed in the North 40 EIR. Therefore, the proposed project
would not require any new or expanded parks. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
e. As discussed in the North 40 EIR, the General Plan EIR concluded that build-out of the
General Plan, which includes the plan area, in conjunction with past development,
would require expansion of the existing library (North 40 EIR, page 3-188). The North
40 EIR noted that a new library has been constructed and determined that the new
library would adequately serve development under the North 40 Specific Plan and other
development within the Town. The proposed project is within the unit count analyzed in
the North 40 EIR. Therefore, the proposed project would not require any new or
expanded library facilities. The certified North 40 EIR adequately addresses the impacts
and therefore, no further environmental analysis is necessary.
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15. RECREATION
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated? (1,2,3,4,14)
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities, which
might have an adverse physical effect on the
environment? (1,2,3,4,14)
Comments:
a/b. As discussed in the North 40 EIR, the North 40 Specific Plan requires 30 percent of the
plan area be open space. Parks are an allowed use, but the North 40 Specific Plan does
not include policies requiring any public parks. The North 40 EIR determined that the
proposed open space areas within the Plan Area and existing parks elsewhere in the
Town would be adequate to serve the Project Site (North 40 EIR, page 3-187). The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
The proposed project is within the unit count analyzed in the North 40 EIR. Therefore,
the proposed project would not require any new or expanded recreational facilities.
Recreational facilities included within the proposed project were analyzed in the North
40 EIR. The certified North 40 EIR adequately addresses the impacts and therefore, no
further environmental analysis is necessary.
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16. TRANSPORTATION/TRAFFIC
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Conflict with an applicable plan, ordinance
or policy establishing measures of
effectiveness for the performance of the
circulation system, taking into account all
modes of transportation including mass
transit and non-motorized travel and relevant
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways, pedestrian
and bicycle paths, and mass transit?
(1, 2, 3, 4, 17)
b. Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and
travel demand measures, or other standards
established by the county congestion
management agency for designated roads or
highways? (1,2,3,4,17)
c. Result in a change in air traffic patterns,
including either an increase in traffic levels or
a change in location that results in
substantial safety risks? (2)
d. Substantially increase hazards due to a
design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)? (1,2,3,4)
e. Result in inadequate emergency access?
(1,2,3,4)
f. Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decreased
the performance or safety of such facilities?
(2)
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Comments:
a/b. Phase 1 development is expected to occur over a two to five year timeframe.
Construction would involve improvements to the frontage and medians of both Los
Gatos Boulevard and Lark Avenue. The conceptual offsite improvements are not part of
the tentative map but are attached for reference. The following off-site improvements will
be required for the proposed project:
Lark Avenue: Los Gatos Boulevard to SR 17 Northbound Ramps -- add a third
westbound through lane and a third eastbound through lane. Lark Avenue will be
widened to provide three westbound lanes from Los Gatos Boulevard to the new
“A” Street and to provide four westbound lanes, two through and two right turn
lanes, east of State Route 17 northbound ramps. The westbound lanes will taper
from three lanes to four lanes starting immediately west of the new “A” Street.”
(Note: this improvement is consistent with Mitigation Measure TR-2.c).
Lark Avenue/SR 17 Northbound Ramps Westbound -- provide two through lanes
and two 200-foot right turn lanes onto Northbound SR 17 freeway on-ramp and
signalize right turn on-ramp movement.
Lark Avenue/Highland Oaks Drive (un-signalized intersection) -- add a project
driveway (A Street) on Lark Avenue opposite Highland Oaks Drive to provide left-
in and right-in access and right-out access. Westbound, remove the left-turn lane on
Lark Avenue at Highland Oaks Drive to prevent conflicts with eastbound vehicles,
and add a third through lane and a right turn deceleration lane east of new project
driveway (A Street). Eastbound, add a left-turn lane into the project. Northbound,
allow only right turns from Highland Oaks Drive onto Lark Avenue.
Lark Avenue/Los Gatos Boulevard, Eastbound -- provide two dedicated left turn
lanes, one shared through-left lane, and one right turn lane. Northbound, provide
three dedicated left turn lanes and two through lanes south of Lark Avenue.
Los Gatos Boulevard – Construct a continuous median island along Los Gatos
Boulevard from Lark Avenue to the north project limits (Phase 1) except at the new
intersection (Neighborhood Street), where a left turn/U-turn lanes will be provided.
Los Gatos Boulevard/New Neighborhood Street – signalize the new intersection.
Landscaping, pedestrian, and bicycle improvements will be constructed on Lark
Avenue and Los Gatos Boulevard adjacent to the project site and along the
gasoline station frontage, including: adding a shared use path and landscaping on
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EMC PLANNING GROUP INC. 65
the north side of Lark Avenue, a bike lane along the south side of Lark Avenue
(eastbound), and a shared use path along the west side of Los Gatos Boulevard.
The North 40 EIR determined that the level of service would drop below acceptable
standards at three intersections: Los Gatos Boulevard and Samaritan Drive/Burton
Road, National Avenue and Samaritan Drive, and Los Gatos Boulevard and Lark
Avenue.
The North 40 EIR included the following mitigation measure most applicable to the
project site and the proposed project. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
North 40 EIR Mitigation Measure Addressing Impacts
TR-2. The following off-site intersection improvements shall be completed at the Los Gatos
Boulevard/Lark Avenue intersection by the first project developer:
a. addition of a third eastbound left turn lane on Lark Avenue;
b. addition of third northbound left turn lane on Los Gatos Boulevard;
c. addition of a third westbound lane on Lark Avenue from Los Gatos Boulevard to
the intersection of State Route 17 northbound ramps to the Los Gatos
Boulevard/Lark Avenue intersection, which will operate as a second right turn
lane east of the State Route 17 northbound ramps/Lark Avenue intersection and
to operate as a through-right lane east of the Highland Oaks Drive/Lark Avenue
intersection; and
d. modification and re-striping of intersection and restriction of parking as needed.
The proposed project consists of most of the planned residential development and about
10 percent of the planned commercial component. Fehr & Peers prepared the memo
report North 40 Specific Plan: Transportation Analysis for Phase 1 to determine to what extent
the mitigation measures listed in the North 40 should be implemented for the current
phase of development. The traffic memo was peer reviewed on behalf of the Town by
TKJM Transportation Consultants. Refer to Appendix D, Traffic Reports. The proposed
project would generate about one-third of the total traffic projected from within the plan
area.
The report considered study intersections that were either adjacent to the project site or
identified in the traffic analysis as falling below standards. The study concluded that the
study intersections operate acceptably with Phase 1 project traffic under Background and
Cumulative conditions. Additional roadway mitigation is not required with Phase 1.
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The project site is within the Vasona light rail area and ideally there would be multi-
modal access to the future light rail station. The North 40 EIR determined that
development within the plan area should be linked with the Vasona Light Rail station,
and included the following two mitigation measures:
North 40 EIR Mitigation Measure Addressing Impacts
TR-4. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority regarding the provision of a shuttle service or regularly scheduled direct bus route
service to the Vasona light rail station, to be in service concurrent with commencement of
revenue service on the Vasona light rail extension.
TR-5. The developer(s) shall work with the Town and Santa Clara Valley Transportation
Authority, and other agencies to ensure that the Plan Area is developed in a manner that
takes full advantage of the transit opportunities afforded by the Vasona Light Rail.
The proposed improvements will require continued coordination with responsible transit
agencies prior to installation.
The North 40 EIR identified the need to maintain a safe route between the project site
and the closest elementary school and middle school. The following mitigation measure
was included to ensure that this route would be maintained.
North 40 EIR Mitigation Measure Addressing Impacts
TR-6. Development within the Lark District near the intersection of Lark Avenue and Los Gatos
Boulevard shall provide a direct pedestrian/bicycle access between residential areas and the
intersection of Los Gatos Boulevard and Lark Avenue.
The proposed project includes bicycle and pedestrian links throughout, including two
pathways that provide access to Lark Avenue and Los Gatos Boulevard. The proposed
project will construct a multi-use path along the project frontage of Los Gatos Boulevard
and the north side of Lark Avenue connecting to the corner of the intersection of Los
Gatos Boulevard and Lark Avenue. Therefore, this mitigation measure is incorporated
into project plans. The certified North 40 EIR adequately addresses the impacts and
therefore, no further environmental analysis is necessary.
Refer to item “f” in regard to the Congestion Management Program.
c. As set forth in the North 40 EIR the proposed project would have no effect on air traffic
patterns. No additional analysis is required. The certified North 40 EIR adequately
addresses the impacts and therefore, no further environmental analysis is necessary.
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EMC PLANNING GROUP INC. 67
d. The North 40 EIR identified a significant safety impact in regard to narrow streets within
the Plan Area. The streets are designed to avoid overly-wide pavement in order to
maintain a more intimate pedestrian scale to the transportation facilities, however, this
resulted in potential dangers for cyclists sharing the road with cars. Mitigation Measure
TR-7 required that sharrows and ‘bicycles can use full lane’ signs be provided in lieu of
bicycle lanes, and travel speeds restricted to 30 miles per hour.
North 40 EIR Mitigation Measure Addressing Impacts
TR-7. Either bicycle lanes or sharrows (shared lane markings) shall be provided on A Street
between Los Gatos Boulevard and Lark Avenue. The speed limit shall be no greater than
30 miles per hour, and Bikes May Use Full Lane signs (Caltrans sign R4-11) shall be
placed on streets marked with sharrows.
The proposed project incorporates this mitigation measure in its design. The certified
North 40 EIR adequately addresses the impacts and therefore, no further environmental
analysis is necessary.
e. The proposed project includes one street connecting to Lark Avenue and two streets
connecting to Los Gatos Boulevard in addition to the existing Bennett Way street
connection to Los Gatos Boulevard. The street connections would provide ample
emergency access within the project site. The North 40 EIR determined that the
North 40 Specific Plan would not interfere with emergency access in the vicinity of the
project site. The certified North 40 EIR adequately addresses the impacts and therefore,
no further environmental analysis is necessary.
f. The North 40 EIR identified a significant and unavoidable impact for inconsistencies
with the Congestion Management Program. This unavoidable impact was removed by
reducing the development capacity permitted within the North 40 Specific Plan.
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17. UTILITIES AND S ERVICE S YSTEMS
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Exceed wastewater treatment requirements
of the applicable Regional Water Quality
Control Board? (1, 2, 5)
b. Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects? (1, 2, 5)
c. Require or result in the construction of new
storm water drainage facilities or expansion
of existing facilities, the construction of
which could cause significant environmental
effects? (1, 2, 5)
d. Have sufficient water supplies available to
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed? (1, 2, 5)
e. Result in a determination by the wastewater
treatment provider, which serves or may
serve the project that it has inadequate
capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments? (1, 2, 5)
f. Be served by a landfill with sufficient
permitted capacity to accommodate the
project’s solid-waste disposal needs? (1, 2, 5)
g. Comply with federal, state, and local statutes
and regulations related to solid waste?
(1, 2, 5)
Comments:
a/b/e. As discussed in the North 40 EIR, the Plan Area wastewater flow was estimated based
on generation factors of 250 gallons per day per residence and 70 gallons per day per
1,000 square feet for commercial uses (RMC Water and Environment 2009). Plan Area
build-out would result in the generation of approximately 236,000 gallons of wastewater
per day.
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The General Plan EIR concluded that build-out of the General Plan would not result in
significant impacts associated with wastewater (Final EIR page 2-9). The proposed
project would be consistent with the North 40 Specific Plan and there would be adequate
remaining wastewater conveyance and treatment capacity. A short off-site wastewater
collection pipe connection would be required where the existing off-site connection line
currently terminates at the southern Oka Road right-of-way, and would be extended
within the right-of-way to a connection with an existing 21-inch trunk line. This
extension would not result in significant environmental impacts. The certified North 40
EIR adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
The proposed project would construct an off-site water pipe extension to the San Jose
Water Company’s Montevina pipe at 7-mile station. Potentially significant air and noise
impacts could occur during construction of this pipeline connection. Refer to the impact
discussions and mitigation measures presented in the North 40 EIR, Section 3.3 Air
Quality, and 3.11 Noise. Mitigation measures presented in those sections would reduce
impacts to a less-than-significant level. The certified North 40 EIR adequately addresses
the impacts and therefore, no further environmental analysis is necessary.
c. The plan area requires the construction of off-site storm water facilities to complete
facilities that were partially constructed when the State Route 85 freeway was
constructed. At the time the highway was constructed, certain parts of the planned storm
drainage system, including a pipe beneath State Route 17 and a discharge at Los Gatos
Creek, were built in anticipation of development within the Plan Area. However, gaps
remain that require connecting pipes at locations outside the Plan Area.
d. The General Plan Final EIR concluded that build-out of the General Plan would not
result in significant impacts associated with water supply (North 40 Final EIR page 2-9).
The Town’s general plan has included development of the Plan Area since at least 1989.
The North 40 Specific Plan provides for reduced development by comparison to that
allowed in the General Plan. Therefore, water demands would be lower than has been
accounted for, and can be adequately accommodated by the Santa Clara Valley Water
District and the San Jose Water Company. The proposed project is within the unit count
analyzed in the North 40 EIR. Therefore, the proposed project would not require any
new or expanded water supplies or delivery infrastructure. The certified North 40 EIR
adequately addresses the impacts and therefore, no further environmental analysis is
necessary.
f. The General Plan EIR concluded that build-out of the General Plan would not result in
significant impacts associated with solid waste (Town of Los Gatos 2010c, page 2-9).
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The North 40 EIR states that the landfill has adequate landfill space through 2048. The
proposed project is within the unit count analyzed in the North 40 EIR. Therefore, the
proposed project would not require any new or expanded landfill disposal facilities. The
certified North 40 EIR adequately addresses the impacts and therefore, no further
environmental analysis is necessary.
g. The proposed project would have the same recycling and diversion opportunities as
considered in the North 40 EIR. The certified North 40 EIR adequately addresses the
impacts and therefore, no further environmental analysis is necessary.
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EMC PLANNING GROUP INC. 71
18. MANDATORY F INDINGS OF S IGNIFICANCE
Would the project:
Potentially
Significant
Impact
Less-than-Significant
Impact with Mitigation
Measures Incorporated
Less-Than-
Significant
Impact
No
Impact
a. Does the project have the potential to
degrade the quality of the environment;
substantially reduce the habitat of a fish or
wildlife species; cause a fish or wildlife
population to drop below self-sustaining
levels; threaten to eliminate a plant or animal
community; substantially reduce the number
or restrict the range of an endangered, rare,
or threatened species; or eliminate important
examples of the major periods of California
history or prehistory? (1,2,3,4,5,6)
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects) (1, 2, 5)
c. Does the project have environmental effects,
which will cause substantial adverse effects
on human beings, either directly or
indirectly? (2)
Comments:
a. The proposed project has relatively low chances to disturb protected biological resources,
including nesting birds, bat roosts, trees, and burrowing owls. The mitigation measures
would reduce impacts to a less-than-significant level.
The project site is not known to include any significant prehistoric resources, but does
include several potentially historic houses, based on their age. Mitigation measures
would reduce impacts to a less-than-significant level.
b. The North 40 EIR concludes the following categories to have less-than-significant
cumulative levels of impact:
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The proposed project is consistent with the General Plan and the North 40 Specific Plan,
and with mitigation would have a less-than-significant cumulative effect on aesthetics.
The General Plan EIR determined that the impact of the Plan Area was significant and
unavoidable and did not provide any mitigation. The Land Evaluation and Site
Assessment analysis prepared for the plan area provided a more in-depth analysis of the
value of the farmland and determined that the loss of farmland could be considered less
than significant at the project level (refer to North 40 EIR Section 3.2, Agricultural
Resources). Therefore, the proposed project would have a less-than-cumulatively
considerable effect on agricultural resources.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts to biological resources, with implementation of the
applicable goals, policies, and actions in the General Plan. All of the proposed project’s
biological impacts would be mitigated to a less-than-significant level if the measures
proposed in the certified EIR are implemented. Therefore, the proposed project would
not make a cumulatively considerable contribution to any significant impact on
biological resources.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts associated with cultural resources (archaeological and
historic resources) with implementation of General Plan goals, policies, and actions.
Therefore, there would not be a cumulative impact on cultural resources.
The General Plan anticipated 943,210 square feet of new commercial development
between 2008 and 2020, to be added to the approximately 4.1 million square feet existing
in 2008. The General Plan projected the addition of 1,600 new housing units and 3,790
new residents between 2008 and 2020. Town population was forecast to reach 32,600 in
2020. The project proposes 320 housing units, which is fewer than envisioned in the
General Plan. The proposed project would add 67,991 square feet of non-residential
square footage, which is within the expectations of the General Plan. The proposed
project is consistent with the land use designations and long term planning direction of
the General Plan. There would not be a cumulatively considerable impact on land use
and planning.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant impacts associated with geology, soils, or seismicity. Mineral resources are
not addressed in the General Plan EIR. Therefore, there would not be a cumulatively
considerable impact on geology, soils, and mineral resources.
The General Plan EIR concluded that build-out of the General Plan would make a
significant unavoidable contribution to the cumulative impact of climate change (Town
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EMC PLANNING GROUP INC. 73
of Los Gatos 2010c, page 2-7). Implementation of General Plan policies would result in
an approximate 25 percent reduction in annual GHG emissions by 2020. However, the
General Plan EIR concludes that it is uncertain whether this level of reduction will be
achieved and that the reduction does not meet the AB 32 Scoping Plan target reduction
level of 30 percent. Since that time, a revised reduction estimate of 16 percent has been
developed by the California Air Resources Board (California Air Resources Board 2011).
Moreover, an analysis of the proposed project’s GHG emissions using the air district’s
plan threshold indicates that the proposed project’s greenhouse gas emissions would be
within an acceptable range. Therefore, there is not a cumulatively considerable impact
on GHG emissions and climate change.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts associated with hydrology and water quality.
Groundwater elevations have been within the Santa Clara Valley Water District’s targets
based on operational storage capacity, and additional groundwater recharge is planned
to maintain a balance in the aquifer. Therefore, even if increased groundwater pumping
is necessary regionally, groundwater aquifers will be maintained in balance, and build-
out of the General Plan, which includes the project site, would not have a cumulatively-
considerable impact on groundwater levels.
The project site has a less-than-significant risk of major flooding or dam failure
inundation, and therefore there is not a significant cumulative flooding risk within
the Town.
As mitigated, with additional low impact development requirements discussed in the
impact project analysis, the proposed project would not cause significant water quality
degradation. The San Francisco Bay Regional Water Quality Control Board regulates
surface water and groundwater quality in the San Francisco Bay region under the
guidance of the San Francisco Bay Region Basin Plan. The San Francisco Bay Region Basin
Plan uses a watershed management approach focused on the particular needs of each
watershed. The Town and the San Francisco Bay Regional Water Quality Control Board
have programs in place to minimize the introduction of pollutants and sediment into
water bodies. With the proposed project and other development within the Town
constructed in accordance with General Plan policies, Town erosion control and grading
regulations, and San Francisco Bay Regional Water Quality Control Board regulations,
there would not be any significant cumulative water quality impacts.
The General Plan EIR concluded that build-out of the General Plan would not result in
significant cumulative impacts associated with noise. A highway and arterial roads are
adjacent on three sides of the project site and are significant noise sources for the project
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74 EMC PLANNING GROUP INC.
site and surrounding areas. The addition of cumulative traffic to these roadways would
increase traffic volumes, but a very significant percentage traffic increase is required to
significantly affect cumulative noise levels. The proposed project would not represent a
sufficiently large share of overall traffic levels to have a cumulatively considerable effect
on background noise levels. Therefore there would not be a cumulatively considerable
impact on noise.
c. The proposed project would not have a direct adverse effect on human beings.
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EMC PLANNING GROUP INC.75
E. SOURCES
1. Town of Los Gatos. North Forty Specific Plan.
Adopted by Los Gatos Town Council June 17, 2015.
2. Town of Los Gatos. North Forty Specific Plan Draft Environmental Impact Report. Prepared
by EMC Planning Group, Inc. April 3, 2014; and North Forty Specific Plan Final
Environmental Impact Report. Prepared by EMC Planning Group, Inc. July 18, 2014.
Certified by the Los Gatos Town Council in January 2015.
3. BAR Architects. North 40, Phase I Residential & Mixed-Use Neighborhood
Development, Architecture and Site Planning Application. February 8, 2016.
4.Mackay & Somps. Vesting Tentative Map For Condominium Purposes, Los Gatos
North 40 Phase I. February 8, 2016.
5. Town of Los Gatos. Town of Los Gatos 2020 General Plan and General Plan EIR.
January 7, 2011.
6. Archaeological Consulting. Preliminary Archaeological Reconnaissance Report for the Proposed
North Forty Project, in Los Gatos, Santa Clara County. California. July 12, 2011.
7. Treadwell and Rollo. Preliminary Geotechnical Investigation Los Gatos North Forty, Los
Gatos, California. January 18, 2010 (a).
8. ENGEO. North 40 Project Los Gatos, California Phase II Environmental Site Assessment.
January 11, 2013.
9. California Department of Toxic Substances Control (DTSC). EnviroStor Database.
Accessed on February 24, 2015 at:
http://www.envirostor.dtsc.ca.gov/public/mapfull.asp.
10. California Regional Water Quality Control Board (RWQCB). Geotracker database.
Accessed on February 24, 2015 at: http://geotracker.waterboards.ca.gov.
11. California Department of Transportation (Caltrans), California Scenic Highways Program.
Accessed on February 25, 2015 at:
http://www.dot.ca.gov/hq/LandArch/scenic/cahisys.htm.
12. Ellis, Deborah. Arborist Report: North 40 Property, Los Gatos, California. March 25, 2011.
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76 EMC PLANNING GROUP INC.
13. Ellis, Deborah. Arborist Report: North 40 Property, Los Gatos, California (supplement).
Saratoga, California, September 2013.
14. Charles M. Salter. North Forty Phase I – Los Gatos, California Draft Environmental
Noise Review. January 20, 2016.
15. Anderson Brulé Architects, Inc. Los Gatos Civic Center and Library Strategic Master Plan.
2007.
16. Illingworth and Rodkin. North 40 Specific Plan Air Quality and Greenhouse Gas Emissions
Assessment Los Gatos, California. October 22, 2013.
17. Fehr & Peers. North 40 Specific Plan: Transportation Analysis for Phase 1, February
25, 2016
18. Town of Los Gatos. Los Gatos Sustainability Plan. July 25, 2012
19. Bay Area Air Quality Management District. 2010 Clean Air Plan.
20. Bay Area Air Quality Management District. CEQA Air Quality Guidelines, May 2010.
21. EMC Planning Group. Memo regarding Toxic Air Contaminants. March 7, 2016.
22. Engeo. Environmental Site Summary. October 9, 2015.
23. Illingworth and Rodkin. Los Gatos North 40 – Compliance with Air Quality
Mitigation Measures. January 28, 2016.
24. Charles M. Salter. North 40 Phase 1 Environmental Noise Review. March 17, 2016.
All documents indicated in bold are available for review at the Town of Los Gatos Community
Development Department, 110 East Main Street, Los Gatos CA 95030 (408)-354-6875 during
normal business hours.
All documents listed above are available for review at EMC Planning Group Inc., 301
Lighthouse Avenue, Suite C, Monterey, California 93940, (831) 649-1799 during normal
business hours.
PLANNING COMMISSION -March 30, 20 16
REQUIRED FINDINGS AND CONS ID ERA TIONS:
North Forty Phase 1
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014.
Requesting approval for the construction of a new multi-use, multi-story development consisting
of 320 residential units, which will include 50 affordable senior units; approximate1y 66,000
square feet of commercia1 floor area, which will include a market hall; on-site and off-site
improvements; and a vesting tentative map. APNs: 424-07-024 through -027 , -031 through 037,
-070, -083 through -086, -090, and -100.
PROPERTY OWNERS: Thomas M. Yuki Trust Et. AL/Yuki Farms/ETPH , Grosvenor USA
Limited, Summerhill North 40 LLC, James F. Dagostino Trustee, Eli zabeth K. Dodson, William
N . Fales, William Hirshman.
APPLICANT: Grosvenor USA Limited
FINDINGS
Required finding for CEQA:
• An Environmental Impact Report (EIR) was prepared and certified for the North 40 Specific
Plan on January 5, 2015. An Initial Study has been prepared and concludes that the proposed
Phase 1 application is in compliance with the certified EIR.
Required Compliance with the General Plan:
• The project is in compliance with the applicable Goals and Objectives of the General Plan.
Required Compliance with the North 40 Specific Plan:
• The project is in compliance with the North 40 Specific Plan.
Required finding for demolitions:
• As required by Section 29. l 0.09030(e) of the Town Code for demolitions :
1. The Town's housing stock will be maintained as the residences will be replaced.
2. The existing structures have no architectural or hi storical significance, and are in poor
condition.
3. The property owner cannot maintain the structures as they exist; and
4 . The existing structure would conflict with the proposed improvements.
Required Finding for reduction of non-residential setback:
• As required by Table 2-6 within the North 40 Specific Plan:
~J.hlil.l:H I 4
Page 2of3
North 40 Phase l/S-13-090, M-13-014
March 30, 2016
I. The setback provides for adequate pedestrian circulation, and
2. The setback is compatible with the adjacent buildings and complements the buildings in
the immediate vicinity, and
3. The setback provides for adequate clear sight vision for vehicular traffic.
Required findings to deny the State Density Bonus Request:
• As required by Section 29.10.420 (a) of the Town Code for denial of a State Density Bonus
request:
I. The Town has adopted a Housing Element as part of the General Plan, and the Town has
met or exceeded its share of the regional housing needs for the income category
proposed for the development project;
2. The project as propo sed would have a specific , adverse impact upon the public health or
safety which cannot be satisfactorily mitigated without rendering it unaffordable to
lower-income households;
3. The denial of the project or imposition of conditions is required in order to comply
with State or Federal law and there is no feasible method to comply without rendering
the development unaffordable to lower-income households;
4. The development project is proposed on land zoned for agriculture or resource
preservation which is surrounded on at least two sides by land being used for
agricultural or resource preservation purposes, and which does not have adequate water
or wastewater facilities to serv e the project; and
5. The development project is inconsistent with the Town's General Plan land u se
designation as it existed on the date the application was deemed complete, and the
Town has adopted a housing element pursuant to state law.
Required findings to deny a waiver of development standards:
• As required by paragraph (2) of subdivision (d) of Section 65589.5 of the California
Government Code for denial of a development standard waiver:
1. The modification would have a specific adverse impact upon health, safety, or th e
physical environment, and there is no feasible method to satisfactorily mitigate or avoid
specific adverse impact without rendering the development unaffordable to low , very
low , and moderate income households. For the purpose of this sub section, "specific
adverse impact" means a significant, quantifiable , direct, and unavoidable impact, based
on objective, identified , written public health or safety standards, policies , or conditions
as they existed on the date that the application was deemed complete; or
2. The modification would have an adverse impact on any real property that is listed in the
California Register of Historic Resources; or
3. The incentive or concession would be contrary to State or Federal law.
Page 3of3
North 40 Phase l /S-13-090, M-13 -014
March 30, 2016
Required findings to deny a Subdivision application:
• As required by Section 66474 of the State Subdivision Map Act the map shall be denied if
any of the following findings are made: None of the findings could be made to deny the
application.
a. That the proposed map is not consistent with all elements of the General Plan.
b. That the design and improvement of the proposed subdivision is not consistent with all
elements of the General Plan.
c. That the site is not physically suitable for the proposed development.
d . That the site is not physically suitable for the proposed density of development.
e. That the designs of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
f. That the design of the subdivision or type of improvements is likely cause serious public
health problems.
g. That the desi gn of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
• As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project.
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PLANNING COMMISSION-March 30, 2016
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE MAP
North Forty Phase 1
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014.
Requesting approval for the construction of a new multi-use, multi-story development
consisting of 320 residential units, which will include 50 affordable senior units;
approximately 66,000 square feet of commercial floor area, which will include a market
hall; on-site and off-site improvements; and a vesting tentative map. APNs: 424-07-024
through -027, -031 through 037, -070, -083 through -086, -090, and -100.
PROPERTY OWNERS: Thomas M. Yuki Trust Et. Al./Yuki Farms, Robert & Georgianna
Spinazze, Marianne Ezell, Grosvenor USA Limited, Summerhill Homes, James F.
Dagostino Trustee, Elizabeth K. Dodson, William N. Fales, William Hirshman
APPLICANT: Grosvenor USA Limited
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This appllcation shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the approved
plans. Any changes or modifications to the approved plans shall be approved by the
Community Development Director, Development Review Committee, Planning
Com.mission, or Town Council, depending on the scope of the changes .
2. EXPTRATION: The Tentative Map approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. TOWN INDEMNITY: Applicants are notified that Town Code Section l.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.
4. ARCHITECTURE AND SITE APPROVAL REQUIRED: Architecture and Site
approval is required for the demolition of the existing residences and the replacement of
those residences. Approval must be obtained prior to recordation of the final parcel map.
5. DEMOLITION AND DEMOLITION PERMIT REQUIRED: This approval is contingent
on the demolition of the existing structures as shown on the approved plans. A demolition
permit is required for the demolition of any existing structures. All required demolition
shall occur prior to the recordation of the final parcel map.
6. TREE PRESERVATION : All recommendations of the Town's Consulting Arborist shall
be followed. Refer to the report prepared by Debbie Ellis dated October 14, 2013 for
additional details .
EXHJ.Bff 5
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
7. APPROVAL: This appbcation shall be completed in accordance with all the conditions
of approvals listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
8. PRIOR APPROVALS : All conditions per prior approvals (including Ordinance 2242,
Zoning Code Amendment Z-14-001 , etc.) shall be deemed in full force and affect for this
approval .
9 . COMPLIANCE WITH NORTH 40 SPECIFIC PLAN: The project shall meet the items
and specifications as provided in the North 40 Specific Plan.
10. PLAN CHECK FEES: Plan check fees shall be depos ited with the Town of Los Gatos
prior to plan review at the Engineering Division of the Parks and Public Works
Department.
11. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to
the approval of the Town of Los Gatos prior to altered work is started. The Applicant's
project engineer shall notify, in writing, the Town Engineer at least seventy-two (72)
hours in advance of all the proposed changes. Any approved changes shall be
incorporated into the final "as-built" plans.
12. 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.
13 . CERTIFICATE OF COMPLIANCE: A Certificate of Compliance shall be recorded.
Two (2) copies of the legal description for each lot configuration, a plat map (8-12 in. X
11 in.) shall be submitted to the Engineering Division of the Parks and Public Works
Department for review and approval. The submittal shall include:
a. Closure calculations,
b . Title reports less than ninety (90) days old, and
c. Any appropriate fees .
The certificate shall be recorded before any permits may be issued.
14. CERTIFICATE OF LOT LINE ADJUSTMENT: A Certificate of Lot Line Adjustment
shall be recorded . Two (2) copies of the legal description for each new lot configuration,
a plat map (8-12 in. X 11 in.) and two (2) copies of the legal description of the land to be
exchanged shall be submitted to the Engineering Division of the Parks and Public Works
Department for review and approval . The submittal shall include:
a. Closure calculations , ·
b. Title reports less than ninety (90) days o)d , and
c . Any appropriate fees .
The certificate shall be recorded before any permits may be issued.
15. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two
(2) copies of the legal description for exterior boundary of the merged parcel and a plat
map (8-Yi in. X 11 in.) shall be submitted to the Engineering Division of th e Parks and
Public Works Department for review and approval. The submittal shall include:
a . Closure calculations,
b. Title reports less than ninety (90) days old, and
c . Any appropriate fees.
The certificate shall be recorded before any permits may be issued .
16 . LOT LINE ADJUSTMENT : The Lot Line Adjustment, approved by the Development
Review Committee of the Town of Los Gatos on January 26 , 2016, Subdivision
Application M-15-006, with which it was determined that none of the findings for denial
specified in Section 66474 of the State Subruvision Map Act could be made, shall be
recorded prior to approval of the Final Map by the Town of Los Gatos.
17. FINAL MAP : A final map shall be recorded. Two (2) copies of the final map shall be
submitted to the Engineering Division of the Parks & Public Works Department for
review and approval. Submittal shall include :
a. Closure calculations,
b . Title reports , and
c. Any appropriate fees .
The map shall be recorded before any pennits for new construction are issued .
18. FINAL MAP SEQUENCING : Prior to approval by the Town of Los Gato s and
recordation of the final map, the Applicant shall obtain approval of the roadway
improvemen ts proposed with.in the California Department of Transportation (Caltrans)
right-of-way from Caltrans and the Town . The Applicant is advised and understands that
further coordination with Caltrans is required to fully determine and finalize the public
improvements within the Caltrans right-of-way that shall be constructed and installed
with the first phase of the development, and said improvements shall meet or exceed all
Caltrans and Town requirements. In the event that Caltrans and the Town do not
ultimately approve of the current configuration, possible modifications may include, but
are not limited to:
a. A fourth westbound lane (and additional dedication of right-of-way in fee if required
by Caltrans) along westbound Lark Avenue.
b. Morufying the location of the proposed multi-use path in a way in which a part or all
of said path is located within the development's property and additional multi-use
path easement granted to the Town of Los Gatos, and/or
c. Modifying of the alignment of the proposed sound wall to a more northerly alignment
within the development 's property to accommodate a. and/orb. above.
19. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to the recordation of any subdivision
or tract maps with respect to the subject property or properties , or immediately prior to
the issuance of a sewer connection pennit, which ever event occurs first. Written
confirmatio n of payment of these fees shall be provided prior to map recordation.
20. PRN A TE UTILITIES-STREET: Prior to the recordation of a subdivision map, the
Applicant/Developer shall place a note on the map, in a manner that meets the approval
of the Town Engineer that states: "The private streets, utilities constructed within this
map shall be owned, operated and maintained by the Developer, successors or assigns ."
21. DEDICATIONS: The following shall be dedicated on the final map by separate
instrument. The derucations below shall be recorded before any permits are issued:
a. Lark Avenue: A ten (10) foot right-of-way in-fee shall be dedicated along the
project's southern boundary . Additional right-of-way in-fee may be required for
constructing improvements that may be required by Caltrans. Approval from Caltrans
and the Town for the roadway improvements involv ing Caltrans is required prior to
recordation of final map.
b. Lark A venue: A ten (10) foot easement shall be granted for the multi-use path.
Additional Multi-Use Path Easement across the proposed multi-use path in the
locations where said multi-use path extends within the project boundary as amended
by the dedication detailed in item 39a. above.
c. Los Gatos Boulevard: A 10.5-foot Multi-Use Path Easement shall be granted along
the project's eastern boundary .
d. Multi-Use Path Easement: Ten (10) feet wjde easement(s) shall be granted across the
proposed on-site multi -use path(s).
e. Public Utility Easement: A Public Utility Easement shall be granted across all private
streets and alleys, and where any public utilities and/or facilities are proposed to be
installed beyond these areas within the project site.
f. Public Access Easement: A Public Access Easement shall be granted across the
indicated Central Park open space areas within the project site.
g. Public Access Easement: A Public Access Easement shall be granted across all
streets, sidewalks and multi-use paths within the project site.
h. Public Service Easement (PSE): A ten (10) foot wide Public Service Easement shall
be granted adjacent to the Lark A venue and Los Gatos Boulevard rights-of-way.
1. Emergency Vehicle Access Easement (EV AE): An Emergency Vehicle Access
Easement shall be granted across all private streets and alleys within the project site.
J . Intersection of Los Gatos Boulevard and Neighborhood Street: A Roadway Easement
shall be granted to the Town of Los Gatos to provide for a U-tum movement for
northbound Los Gatos Boulevard traffic that will meet design standards as approved
by the Town's traffic engineer.
k. Intersection of Los Gatos Boulevard and Neighborhood Street: A Roadway Easement
granted to the Town of Los Gatos, one hundred fifty (150) feet in length, centered at
the intersection of Los Gatos Boulevard and Neighborhood Street, for the thirty (30)
feet immediately west of the western right-of-way line of Los Gatos Boulevard, shall
be granted to provide for the installation, maintenance, and operation of the new
intersection.
l. Ingress-egress, slope, storm drainage and sanitary sewer easements, as required.
22. DEMOLITION: The existi ng buildings shall be demolished prior to recordation of the
final map affected by these exjsting buildings.
23. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the
Town prior to recordation of a map. The joint trench plans shall include street and/or site
lighting and associated photometrics. A letter shall be provided by PG&E stating that
public street light billing will by Rule LS2A, and that private lights shall be metered with
billing to the homeowners association. Pole numbers, assigned by PG&E, shall be
clearly delineated on the plans.
24. PUBLIC IMPROVEMENTS : The following improvements shall be installed by the
Developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town of Los Gatos, and guaranteed by
contract, Faithful Performance Security and Labor & Materials Security before the
issuance of a building permit or the recordation of a map . The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
a . Los Gatos Boulevard :
i. Provide new curb, gutter, and sidewalk with landscaped planting strip, street
lights , signing, striping, new traffic signals or traffic signal modifications, new
traffic signals or traffic signal modifications, and stonn drainage as directed by
the Town Engineer. All improvements shall be constructed per Town Standard
Details.
11. The existing street section of Los Gatos Boulevard shall be removed and a traffic-
appropriate engineered structural pavement section for the full-width shall be
constructed and subsequently re-striped , as directed by the Town Engineer. Final
grind and overlay shall not be completed until all on-site construction has been
completed.
iii. A multi -use path shall be installed along the project's Los Gatos Boulevard
frontage, as directed by the Town Engineer.
iv . Center median islands prohibiting movements crossing Los Gatos Boulevard shall
be installed, except at Neighborhood Street.
b. Lark A venue:
i . Provide new curb, gutter, and sidewalk with landscaped planting strip, street
lights, signing, striping, and stonn drainage as directed by the Town Engineer.
AU improvements shall be constructed per Town of Los Gatos Standard Details .
ii. The existing street section of Lark A venue shall be removed and a traffic-
appropriate engineered structural pavement section for the full-width shall be
constructed and subsequently re-striped , as directed by the Town Engineer. Final
grind and overlay shall not be completed until all on-site construction has been
completed.
25 . OFF-SITE IMPROVEMENTS : Final off-site improvements are required to meet all
conditions of approval and comply with the Initial Study, in addition to meeting the
Specific Plan requirements. The off-site improvements currently shown on the Vesting
Tentative Map are conceptual in nature and included as reference.
26. PLAN REVIEW FEES : Plan reviews will be provided by a third-party consultant hired
by the Town of Los Gatos and paid for by the Applicant.
27. MULTI-MODAL PATH : The Applicant shall construct and install a multi-use path
system that complies with the direction provided by Town Council at a Special Meeting
conducted on June 17 , 2015. During said meeting, a motion passed unanimously stating
"All projects for development shall include multi -modal paths , physically separated from
vehicle roadways running from north to south and providing connectivity to perimeter
paths at both the north and south ends." Said paths shall :
a . Extend through the development and along the project frontage .
b. Connect to northern and southern ends of the development.
c. Connect the intersections of:
I. Lark A venue and the northbound California State Route 17 on-ramps .
u . Lark Avenue and Los Gatos Boulevard.
111. Neighborhood Street and Los Gatos Boulevard.
Prior to approval by the Town of Los Gatos and recordation of the final map , the
Applicant shall grant a ten (10) foot multi-use path easement along Lark A venue and for
the portion of the multi-use path placed behind the roadway curb along Los Gatos
Boulevard that extends into the development.
28. UTILITY EASEMENTS : Deed restrictions shall be placed on lots containing utility
easements . The deed restrictions shall specify that no trees, fences , structures or
hardscape are allowed within the easement boundaries, and that maintenance access must
be provided. The Town will prepare the deed language and the Applicant's surveyor shall
prepare the legal description and plat. The Applicant shall pay any recordation costs.
29. PRJV ATE EASEMENTS : Agreements detailing rights, limitations , and responsibilities
of involved parties shall accompany each private easement. The easements and
associated agreements shall be re corded simultaneously wi th the final map . A copy of
the recorded agreem ent(s) shall be submitted to the Engineering Division of the Parks
and Public Works Department prior to the issuance of any permit.
30. PRN AT E STREETS : All streets within the development shall be private and thus
privately maintained .
31 . UTILITY COMP ANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to the recordation of the final map.
N :\D EV\CON DJTIONS\20 16\Nonh 40-VTM-3-30-l 6.doc
PLANNING COMMISSION-March 30, 2016
CONDITIONS OF APPROVAL FOR ARCIDTECTURE AND SITE
North Forty Phase 1
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014.
Requesting approval for the construction of a new multi-use, multi-story development
consisting of 320 residential units, which will include 50 affordable senior units;
approximately 66,000 square feet of commercial floor area, which will include a market
hall; on-site and off-site improvements; and a vesting tentative map. APNs: 424-07-024
through -027, -031 through 037 , -070, -083 through -086, -090 , and -100.
PROPERTY OWNERS: Thomas M. Yuki Trust Et. Al/Yuki Farms, Robert & Georgianna
Spinazze, M a rianne Ezell, Grosvenor USA Limited, Summerhill Homes, James F.
Dagostino Trustee, Elizabeth K. Dodson, William N. Fales, William Hirshman
APPLICANT: Grosvenor USA Limited
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I . APPROVAL: This application shall be completed in accordance with all of the
conditions of approval and in substantial compliance with the approved plans. Any
changes or modifications to the approved plans and/or bu siness operations shall be
approved by the Community Development Director, DRC or the Planning Commission
depending on the scope of the changes.
2 . EXP IRA Tl ON OF APPROVAL: The Architecture and Site application will expire t wo
years from the date of approval unless the approval is used before expiration. Section
29.20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
3. OPEN SPACE: The required open space shalJ be maintained in accordance with the
requirements of the North 40 Specific Plan.
4 . DEMOLITION: The demolition of the existing structures s hall occur prior to recordation
of the final map.
5 . SETBACK EXCEPTIONS: Each unit will be required to show compliance with the
setback exceptions permitted by the Specific Plan prior to issuance of building permits.
6 . BMP UNITS: BMP applicants shall be qualified by the Santa Clara Housing Authority.
The affordable units shall be required to be maintained for the term required under State
Density Bonus law or for the life of the buildings, whichever is longer. The developer
shall enter into an Affordable Housing agreement with the Town prior to issuance of
building pennits. The proposed BMP units must be available and/or occupied prior to
final occupancy issuance for the 200th market rate unit.
7 . DEED RESTRICTION: Prior to issuance of a building permit for market hall , a deed
restriction shall be recorded by the applicant with the Santa Clara County Recorder's
office, stating that the required BMP units be maintained pursuant to the Town's BMP
regulations and the Affordable Housing Agreement with th e Town.
iEX.WBJT 6 I
8.. OUTDOOR LIGHTING: Outdoor lighting shalJ comply with Town Code and Building
Code regulations.
9. RESTDENTIAL SQUARE FOOTAGE: The internal layout for the residential units may
change, but the square footage and number of bedrooms must remain consistent with the
approved Development Plans. No additional square footage shall be permitted for the
residential uses. Language within the CC&Rs shall notify homeowners of this restriction.
I 0 . TANDEM GARAGES : Tandem garages are permitted for the required parking within the
residential units. Tandem garages shall maintain a minimum interior clearance of 11 feet
by 38 feet.
11 . COMMERCIAL DISPLAY WINDOWS : Display windows must be periodically cleaned,
maintained and changed. D isplay glass shall not be blacked-out or obscured in any way
by any materials(s) or objects(s) affixed in any manner to the outside or inside surfaces of
the glass, with the exception of the tenant's standard vinyl safety window logos and
flyers for nonprofit organizations.
12 . TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained prior to the
issuance of a Building, Grading or Encroachment Permit. Canopy replacement for the
trees removed will be based on Town Code requirements.
13. RECYCLING: All wood, metal, glass , and aluminum materials generated from the
demolished structures shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
J 4. SOLAR: The market rate units shall be pre-wired and structurally adapted for future solar
installation by homeowners.
15. NOISE: The applicant shall comply with all recommendations provided by Charles M .
Salter within the report dated January 20, 2016. The letter and/or recommendations shall
be printed on the building permit plan set for all affected buildings.
16. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
17 . IRRIGATION: All newly planted landscaping shall be irrigated by an in-ground
irrigation system. Special care shall be taken to avoid irrigation which wilJ endanger
existing native trees and shrubs.
18 . WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance (WELO), Chapter 26, and Article IV of the Town Code. WELO review and
compliance is required prior to issuance of building permits.
19. PROTECTTVE FENCING: Prior to any equipment arriving on site and prior to
construction or building permits being issued, the applicant shall meet with the Town's
Consulting Arborist, at the applicant 's expense, concerning the need for protective
fencing around the existing trees and other required tree protection measures identified in
this ordinance. Such fencing is to be installed prior to , and be maintained during,
construction. The fencing shall be a five foot high chain link attached to steel poles
driven at least 18 inches into the ground when at the dripline of the tree. If the fence has
to be within eight feet of the trunk of the tree, a fence base may be used , as in a typical
chain link fence that is rented .
20. SIGNAGE: All proposed signage shall be in conformance with the North 40 Specific
Plan (Section 3-5).
21 . COMMERCIAL SIGN PROGRAM : A sign program shall be required for the
commercial development and shall be reviewed prior to issuance of any sign permits.
22. PARKING GARAGE GATE(S): Prior to issuance of a building permit for the multi-story
parking garage, the applicant shall retain a parking consultant and coordinate with the
Los Gatos Monte Sereno Police Department regarding number and location of gated
access points to the parking garage.
23. CC&R 's: CC&R APPROVAL shall be reviewed and approved by the Town Attorney,
Commuruty Development Department, and Parks and Public Works Engineering
Department prior to issuance of building permits. The CC&R's shall include language on
the foJlowing items:
a . Use of residential garages
b. Restriction on additional floor area for th e residential units
24 . CC&R's RECORDATION : CC&R's shall be recorded and a copy of the recorded copy
shall be provided to the Town Engineering Department and Community Development
Department prior to issuance of final occupancy.
25 . MITIGATION MONITORING AND REPORTING PLAN : The applicant shall comply
with all relevant mitigation measures included in the adopted mitigation monitoring and
reporting plan prepared with the certified EIR.
Building Division
26. PERMITS REQUIRED: A separate Building Permit shall be required for each new
commercial building and a separate Building Permit for residential building. Separate
permits are required for electrical, mechanical , and plumbing work as necessary.
27. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the second sheet of the construction plans. A Compliance Memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
28. SIZE OF PLANS: Four sets of construction plans, minimum size 24 " x 36", maximum
size 30" x 42".
29 . DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management District Application from the
Building Department Service Counter for each building to be demolished. Once the
demolition form has been completed, all signatures obtained, and written verification
from PG&E that all utilities have been disconnected , return the completed from to the
Building Department Service Counter with the Air District 's J# Certificate, PG&E
verification, and three (3) sets of site plans to include all existing structures, existing
utility service lines, such as water, sewer, and PG&E. Also prior to issuance of the
Demolition Permit, provide clearance from the Santa Clara County Fire Department -
HAZMA T Division regarding the abatement of hazardous materials issues. Contact
HAZMA T Administration, Kristie Duncan. Michael Benjamin is the HAZMA T
Inspector for the Town of Los Gatos. No demolition work shall be done without first
obtaining a permit from the Town.
30. 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.
31. 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 elevations and on-site retaining wall
locations and elevations have been prepared according to the approved plans. Horizontal
and vertical controls shall be set and certified b y a licensed surveyor or registered Civil
Engineer for the following item s:
a. Building pad elevation
b. Finish floor elevation
c. Foundation comer locations
d. Retaining Walls
32. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue-lined (sticky-backed) onto a sheet of the plans.
33. BACKWATER VALVE : The scope of this project may require the installation of a
sanitary sewer backwater valves per Town Ordinance 6.50.025. Please provide
information on the plans if a backwater valve is required and the lo cation of the
installation. The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVS D) 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.
34. 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 , signed by all requested
parties, and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Di vision Service Counter or online at
www .losgatosca.gov/bui !ding.
35. NONPOINT SOURCE POLLUTION ST AND ARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 24x36) shall be part of the plan submittal as the second or third page. The
specification sheet is available at the Building Division Service Counter for a fee of $2 or
at ARC Blue Print for a fee.
36. STREET NAMES AND BUILDING ADDRESSES: Submit requests for new street
names and building addresses to the Building Division prior to submitting for the
Building Permit process. Forms are available at the Building Division service counter.
3 7. SHORING: Shoring plans and calculations will be required for all excavations which
exceed four ( 4) feet in depth or which remo ve lateral support from any existing building,
adjacent property or the public right-of-way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cal /OSHA regulations .
38. TOWN FIREPLACE STANDARDS : New wood burning fireplaces shall be an EPA
Phase II approved appliance or gas appliance with no wood burning components per
Town Ordinance 1905 . Tree limbs shall be cut within 10 feet of chimneys.
39 . APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division
b. Engineering/Parks & Public Works Department
c. Santa Clara County Fire Department
d. West YaJley Sanitation District
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
f. Bay Area Air Quality Management District
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLJC WORKS:
Engineering Division
40. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards . All work
shall conform to th e 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 an encroachment perm.it 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
penalties and/or the Town performing the required maintenance at the Developer's
expense.
41 . APPROVAL: This application shall be completed in accordance with all the conditions
of approvals listed below and in substantial compliance with the latest reviewed and
approved development plans . Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
42. PRIOR APPROVALS : All conditions per prior approvals (including Ordinance 2242,
Zoning Code Amendment Z-14-001, etc.) shalJ be deemed in full force and affect for this
approval.
43. COMPLIANCE WJTH NORTH 40 SPECIFIC PLAN: The project shall meet the items
and specifications as provided in the North 40 Specific Plan.
44. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in
use or occupancy of any non-residential condominium space, the buyer or the new or
existing occupant shall apply to the Community Development Department and obtain
approval for use determination and building permit and obtain inspection approval for
any necessary work to establish the use and/or occupancy consistent with that intended.
45 . 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 perm.its from affected agencies and private parties, including but not
limited to :
a. Pacific Gas & Ele ctric (PG&E) b. AT&T
c. Comcast d. Santa Clara County Water District
e. San Jose Water Company f. California Department of Transportation
Copies of any approvals or permits must be submitted to the Town Engineering Division
of the Parks and Public Works Department prior to releasing any permit.
46 . PRNATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY
AGREEMENT): The property owner(s) shall enter into an agreement with the Town of
Los Gatos for all existing and proposed private improvements within the Town's right-of-
way. The Owner(s) shall be solely responsible for maintaining the improvements in a
good and safe condition at all times and shall indemnify the Town of Los Gatos. The
agreement must be completed and accepted by the Town Attorney, and a copy of the
recorded agreement shall be submitted to the Engineering Division of the Parks and
Public Works Department, prior to the issuance of any permits.
47 . GENERAL LIABILITY INSURANCE: The property owner shall provide proof of
insurance to the Town on a yearly basis until closure of all permits. ln addition to general
coverage, the policy must cover all elements encroaching into the Town 's right-of-way.
48. PUBLIC WORKS lNSPECTIONS : The Developer or their representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to :
a . On-site drainage facilities
b . Grading or paving.
c. All work in the Town's right-of-way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
49. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of the Developer's operations . Said existing improvements include, but are not
limited to :
a. Curbs b. Gutters
c. Sidewalks d. Driveways
e . Signs f . Pavements
g. Raised pavement markers h . Thermoplastic pavement markings, etc.
and shall be repaired and replaced to a condition equal to or better than the original
condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any
concrete identified that is displaying a stamp or equal shall be removed and replaced at
the Contractor's sole expense and no additional compensation shall be allowed therefore.
Existing improvement(s) to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access
provlStons. The Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
50. SITE SUPERVlSION: The General Contractor shall provide qualified supervision on the
job site at all times during construction.
51 . STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and/or 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 .
52. PLAN CHECK FEES : Plan check fees shall be deposited with the Town of Los Gatos
prior to plan review at the Engineering Division of the Parks and Public Works
Department.
53 . INSPECTION FEES: Inspection fees shall be deposited with the Town of Los Gatos
prior to issuance of any Permit or recordation of the Final Map.
54 . PUBLIC WORKS INSPECTOR: The Applicant shall fund a full time public works
inspector, selected by the Town of Los Gatos, for the duration of the demoHtion, grading
operations and construction of off-site improvements. The Applicant will be charged on
a time and materials basis . A deposit for the full amount to be estimated by the Town
based on the Contractor's approved schedule shall be paid prior to issuance of the
demolition permit.
55. ON-SITE TRAILER: Prior to the commencement of any construction activity, the
Applicant shall enter into an agreement with the Town of Los Gatos, to the satisfaction of
tl1e Town, and provide the Town with sufficient on-site trailer space for the public works
inspector and members of Staff of the Town of Los Gatos.
56. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to
the approval of the Town of Los Gatos prior to performing altered . The Applicant's
project engineer shall notify, in writing, the Town Engineer at least seventy-two (72)
hours in advance of all the proposed changes. Any approved changes shall be
incorporated into the final "as-built" plans.
57. PARKING : Any proposed parking restriction must be approved by the Town of Los
Gatos, Community Development Department.
58. EMPLOYEE PARKING: Employees shall be encouraged to carpool or take alternative
transportation modes; however, businesses shall not prohibit employee parking on-site.
59. PLANS AND STUDIES: Aii 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.
60. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading pennit application (with grading plans) shall be made
to the Engineering Division of the Parks and Public Works Department located at 41
Miles A venue. The grading plans shall include:
a . Final grading b. Drainage
c . Retaining wall location(s) d . Driveway(s)
e. Utilities f. Interim erosion control
Grading plans shall list earthwork quantities and a table of existing and proposed (created
and replaced) impervious areas. Unless specifically allowed by the Director of Parks and
Public Works, the grading permit will be issued concurrently with the building permit.
The grading permit is for work outside the building footprint(s). A separate building
permit, issued by the Building Department at 110 E . Main Street is needed for grading
within the building footprint.
61. GRADING/EARTHWORK QUANTITIES: Prior to the issuance of a grading permit, a
table of earthwork quantities shall be provided with identification of individual areas of
cut and fill, classified by site element (structures, roadway, landscape, etc.).
62 . GRADING ACTIVlTY SEQUENCING: On-site grading activity may be done
concurrently with the off-site public improvements. The removal of any necessary off-
haul material is expressly prohibited, as the material shall be stockpiled and remain on-
site until the public improvements have been completed.
63. DRIVEWAY: The driveway conform to the pavement on Los Gatos Boulevard at the
east-west roadway through the area labeled as Parcel Q shall be constructed in a manner
such that the existing drainage patterns will not be obstructed.
64. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the
sole responsibility of the Developer/ Applicant to obtain any and all proposed or required
easements and/or pennissions necessary to perfonn the grading herein proposed. Proof
of agreement/approval is required prior to the issuance of any Pennit.
65. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following
drainage studies shall be submitted to and approved by the Town Engineer:
a . A drainage study of the project including diversions , off-site areas that drain onto
and/or through the project, and justification of any diversions.
b. A drainage study evidencing that the proposed drainage patterns will not overload the
existing storm drain facilities .
c. 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 I 00-year flood .
66. DRAINAGE IMPROVEMENT : Prior to the recordation of a subdivision map {except
maps for financing and conveyance purposes only), or prior to the issuance of any
grading/improvement permits, whichever comes first, the Applicant shall :
a. Design provisions for surface drainage .
b . Design all necessary storm drain facilities extending to a satisfactory point of di sposal
fo r the proper control and disposal of storm runoff.
c. Provide a recorded copy of any required easement(s) to the Town.
67 . TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior
to the issuance of a grading permit/bui lding permit.
68 . 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:
a. Retaining wall: top of wall elevations and locations .
b . Toe and top of cut and fill slopes .
69 . 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.
70. 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 as well prior to commencing any work and that a copy of the project
conditions of approval will be posted on site at all times during construction .
71. RETAINING WALLS: A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining walls. Top and bottom of wall elevations
at the endpoints, angle points and any critical points of all proposed retaining walls shall
be provided. Walls are not reviewed or approved by the Engineering Di vi s ion of Parks
and Public Works during the grading permit plan review process .
72. PROXIMlTY OF RETAINlNG WALLS TO ADJACENT BUILDINGS: Prior to the
issuance of a grading or building permit, structural details for the proposed retaining
walls located immediately adjacent to or in the immediate vicinity of existing buildings
on adjoining lots shall be submitted confirming that said walls will not negativel y affect
the structural integrity of these buildings.
73. SOILS REPORT: One copy of the soils and geologic report shal l be submitted with the
appJjcation. The soils report shall include specific criteria and standards goveming site
grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in confonnance
with Section 6735 of the California Business and Professions Code.
74 . GEOLOGY AND SOILS MlTIGATION 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:
a. Foundations b. Retaining walls
c. Concrete on-slab construction d . Excavation
e. Drainage f. On-site utility trenching
g . Pavement sections
Al l recommendations of the investigation shall be incorporated into project plans.
75. SOILS REVJEW: Prior to issuance of any p ernut, the Applicant's engineers shall prepare
and submit a design-level geotechnical/geological investigation for review and approval
by the Town of Los Gatos. The Applicant's soi l s engineer shall review the final grading
and drainage plans to ensure that designs for:
a . Foundations b. Retaining walls
c . Site grading d . Site drainage
are in accordance with their recommendations and the peer review comments. Approval
of the Applicant's soils engineer shall then be conveyed to the Town either by letter or by
signing the plans.
76. 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 desjgn-level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing shall be documented in an "as-built" Jetter/report
prepared by the Applicant's soils engineer and submitted to the Town of Los Gatos
before final release of any occupancy pennit is granted .
77. SOIL RECOMMENDATIONS: The project shal1 incorporate the geotechnical/geological
recommendations contained in the Preliminary Geotechnical investigation by Treadwell
& Rollo Environmental & Geotechnical Consultants dated January 18, 2010, and any
subsequently required report or addendum. Subsequent reports or addendum are subject
to peer review by the Town 's consultant, and all costs shall be borne by the Applicant.
78. IMPROVEMENTS AGREEMENT: The Applicant shall enter into an agreement to
construct public improvements that are part of the development in a form acceptable to
the Town in the amount of 100% (performance) and 100% (labor and materials) prior to
issuance of any permit. The Applicant shall provide two (2) copies of documents
verifying the cost of the pubJjc improvements to the satisfaction of the Engineering
Division of the Parks and Public Works Department. A copy of the recorded agreement
shall be submitted to the Engineering Division of the Parks and Public Works
Department prior to the issuance of any permit.
79. JOINT TRENCH PLANS: The joint trench plans shall include street and/or site lighting
and associated photometrics. A letter shall be provided by PG&E stating that public
street light billing will by Rule LS2A, and that private lights shall be metered with billing
to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
80. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit. Plans shall include the proposed
connection to the existing Montevina Pipe at San Jose Water Company 's 7-Mile Station,
Pressure Regulator facility, and all proposed improvements for both transmission and
distribution facilities. Details and relevant information for the proposed Pressure
Regulator facility (i.e. sizing/dimensions, criteria, schematics/pictures, etc.) shall be
submitted to the Town Engineer for approval prior to construction.
8 1. PUBLIC IMPROVEMENTS : The following improvements shall be installed by the
Developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town of Los Gatos, and guaranteed by
contract, Faithful Performance Security and Labor & Materials Security before the
issuance of a building permit or the recordation of a map. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
a. Los Gatos Boulevard:
1. Provide new curb, gutter, and sidewalk with landscaped planting strip, street
lights, signing, striping, new traffic signals or traffic signal modifications and
storm drainage along the Phase 1 frontages as directed by the Town Engineer. All
improvements shall be constructed per Town Standard Details.
11. The existing street section of Los Gatos BouJevard from Lark A venue to Burton
Road shall be removed and a traffic-appropriate engineered structural pavement
section for the full-width shall be constructed and subsequently re-striped, as
directed by the Town Engineer. Final grind and overlay shall not be completed
until all on-site construction has been completed.
iii . A multi-use path shall be installed along the project's Phase 1 Los Gatos
Boulevard frontage, as directed by the Town Engineer.
iv . Center median islands for prohibiting left turn movements from northbound and
southbound Los Gatos Boulevard shall be installed, except at Neighborhood
Street, between Lark A venue and the northern limits of Phase 1.
b. Lark Avenue:
i. Provide new curb, gutter, and sidewalk with landscaped planting strip, street
lights, signing, striping, new traffic signals or traffic signal modifications, and
storm drainage along the northern side of Lark Avenue from the California State
Route 17 northbound on-ramp to Los Gatos Boulevard as directed by the Town
Engineer. All improvements shall be constructed per Town of Los Gatos
Standard Details.
11. A multi-use path shall be installed along the north side of Lark A venue from Los
Gatos Boulevard to the California State Route 17 northbound ramps.
iii . The existing street section of Lark A venue from the California State Route 17
northbound on-ramp to Los Gatos Boulevard shal l be removed and a traffic-
appropriate engineered structural pavement section for the full-width shall be
constructed and subsequently re-striped, as directed by the Town Engineer. Final
grind and overlay shall not be completed until all on-site construction has been
completed .
82 . OFF-SITE IMPROVEMENTS : Final off-site improvements are required to meet all
conditions of approval and comply with the Initial Study, in addition to meeting the
Specific P lan requirements. The off-site improvements currently shown on the Vesting
Tentat ive Map are conceptual in nature and included as reference.
83. FRONTAGE IMPROVEMENTS : The Applicant shall be required to improve the
project's public frontages to the current Town of Los Gatos Standards. These
improvements may include, but are not limited to:
a. Curb b. Gutter
c. Sidewalk d. Driveway approach( es)
e. Curb ramp(s) f. Street lighting (upgrade and /or repaint)
g. Traffic signal(s)
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
84 . FRONT AGE IMPROVEMENTS (INTERSECTION OF LARK A VENUE AND LOS
GATOS BOULEY ARD): The Applicant shaJI upgrade the existing traffic signal to
current Town of Los Gatos standards. These improvements include, but may not be
limited to:
a. signal controller cabinet assembly
b. signal service pedestal
c. update of non-LED signal indication to LEDs
d. LED safety lights
e . update of non-ADA compliant pedestrian pushbuttons to ADA compliance
f. eight (8) inch signal heads to twelve (L2) inch
g . installation of pedestrian count down signals where non-pedestrian count down
signals are currently located
h. fire preemption
1. video detection system
j . signal interconnection
k. fiber optic connection
1. communication modem and switches
as directed by the Town Engineer. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued .
85. PLAN REVIEW FEES: Plan reviews will be provided by a third-party consultant hired
by the Town of Los Gatos and paid for by the Applicant.
86. EMERGENCY VEHICLE CROSSING ON LARK A VENUE: The App licant shall be
required to install a median island within Lark A venue at the intersection with Highland
Oaks Drive that provides an access cross ing only for emergency vehicles .
87 . LARK AVENUE BIKE LANES: ln addition to the development's Lark Avenue frontage,
the Applicant shall install bike Janes on westbound and eastbound Lark Avenue,
extending west of the project to the connection point with the Los Gatos Creek Trail.
The Lark A venue roadway along this section shall be slurry sealed prior to final striping.
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be iss ued .
88. GREEN BICYCLE FACILITIES: The Applicant shall install green bike lanes and bike
boxes in all directions of improved streets and intersections as directed by the Town
Engineer. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued .
89 . MULTI-MODAL PATH: The Applicant shall construct and install a multi-use path
system that complies with the direction provided by Town Council at a Special Meeting
co nducted on June 17 , 2015. During said meeting, a motion passed unanimously stating
"All projects for development shall include multi-modal paths, physically separated from
vehicle roadways running from north to south and providing connectivity to perimeter
paths at both the north and so uth ends." Said paths shall:
a) Extend through the development and along the project frontage .
b) Connect to northern and southern ends of the development.
c) Connect the intersections of:
1. Lark Avenue and the northbound California State Route 17 on-ramps .
ii. Lark A venue and Los Gatos Bou levard .
m. Neighborhood Street and Los Gatos BouJevard .
Connections to the above-listed intersections shall be constructed with enhanced
amenities, such as textured pavement and adequate waiting areas for pedestrians and
bicyclists, to encourage use of the multi-use path. The multi-use path shall be placed
within a ten (10) foot easement along Lark Avenue. The multi-use path shall be placed
behind the roadway curb along Los Gatos Boulevard and extend into a multi-use path
easement. The impro vements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued .
90. ROADWAY AND MULTI-USE PATH IMPROVEMENT PLANS: Plans shall be
prepared by Applicant 's design consultants registered in Civil and Traffic Engineering
practice. The multi-use path system, including on-site and off-site paths as well as access
connection to roadways and intersections shall be prepared by engineers with expertise in
the design of multi-use paths. Plans shall be submitted to the Town Engineer for
approval prior to building permit.
91 . ADA COMPLIANCE: The Applicant shall be required to meet all ADA standards , which
must be completed and accepted by the Town of Los Gatos before a Certificate of
Occupancy for any new building can be issued. This may require additional construction
measures as directed by the Town.
92. 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 of Los Gatos Code Section 27.50.015(b). AU new
utility services shall be placed underground. Underground conduit shall be provided for
cable television service. The Applicant is required to obtain approval of all proposed
utility alignments from any and all utility service providers before a Certificate of
Occupancy for any new building can be issued . The Town of Los Gatos does not
approve or imply approval for final alignment or design of these facilities .
93. 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.
94. UTILITY EASEMENTS : Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, structures or
hardscape are allowed within the easement boundaries, and that maintenance access must
be provided . The Town will prepare the deed language and the Applicant's surveyor shall
prepare the legal description and plat. The Applicant shall pay any recordation costs.
95 . PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and
associated agreements shalJ be recorded simultaneously with the final map. A copy of
the recorded agreement(s) shall be submitted to the Engineering Division of the Parks
and Public Works Department prior to the issuance of any pennit.
96. 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. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift
shall be 1.5-inches of one-half {Y2) inch medium asphalt. The initial lift(s) shall be of
three-quarter(%) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend five (5) feet beyond the longitudinal limits
of trenching. Slurry seal materials shall be approved by tl1e 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 . All pavement restorations shall be completed and approved
by the Inspector before occupancy.
97. SIDEWALK REPAIR: The Developer shall repair and replace to existing Town of Los
Gatos standards any sidewalk damaged now or during construction of this project. All
new and existing adjacent infrastructures shall meet current ADA standards. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details. New concrete shall be free of stamps, logos , names, graffiti, etc. Any
concrete identified that is displaying a stamp or equal shall be removed and replaced at
the Contractor's sole expense and no additional compensation shall be allowed therefore.
The limits of sidewalk repair will be determined by the Engineering Construction
Inspector during the construction phase of the project. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
98. CURB AND GUTTER REPAIR : The Developer shall repair and replace to existing
Town of Los Gatos standards any curb and gutter damaged now or during construction of
this project. All new and existing adjacent infrastructures shall meet Town stan dards .
New curb and gutter shall be constructed per Town Standard Details. New concrete shall
be free of stamps, logos, names, graffiti, etc. Any concrete identified that jg displaying a
stamp or equal shall be removed and replaced at the Contractors sole expense and no
additional compensation shall be allowed therefore. The limits of curb and gutter repair
will be determined by the Engineering Construction Inspector during the construction
phase of the project. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
99. DRIVEWAY APPROACH : The developer shall install one (I) Town of Los Gatos
standard commercial driveway approach. The new driveway approach shall be
constructed per Town Standard Plans and must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued. New concrete
shall be free of stamps, logos, names, graffiti, etc . Any concrete identified that is
displaying a stamp or equal shall be removed and replaced at the Contractor's sole
e xpense and no additional compensation shall be allowed therefore.
100. CURB RAMPS : The developer shall construct all curb ramps in compliance with ADA
Standards which must be compl.eted and accepted by the Town of Los Gatos before a
Certificate of Occupancy for any new building can be issued. New concrete shall be free
of stamps, logos, names, graffiti , etc. Any concrete identified that is displaying a stamp
or equal shall be removed and replaced at the Contractor's sole e xpense and no additional
compensation shall be allowed therefore.
101. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town of Los Gatos Code Section §23.10.080.
102. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements,
including, but not limiting to , monument signs, fences, trees and hedges, shall abide by
Town of Los Gatos Code Sections 23. l 0 .080, 26.10.065 , 29.40.030.
I 03. FENCES : Fences between all adjacent parcels shall be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor's property shall
be removed and replaced to the correct location of the boundary lines before a Certificate
of Occupancy for any new building can be issued. Waiver of this condition requires
signed and notarized letters from all affected neighbors.
I 04. SOUND WALL: The location of the sound wall is dependent on the off-site
improvements, such as the future curb, sidewalk, and multi-use path. The sound wall
location proposed in the Vesting Tentative Map will be finalized prior to recordation of
the Final Map.
105 . CIRCULATION AND INFRASTUCTURE PHASING PLAN : Prior to the issuance of
any permits, the Applicant shall prepare and provide a detailed Circulation and
Infrastructure Phasing Plan that illustrates the intended sequencing of the construction
and installation of proposed on-and off-site utilities, public and private improvements,
site access and buildings . At the discretion of the Town of Los Gatos, construction hours
may be reduced and night constructi on hours encouraged for off-site activities to reduce
traffic impacts. This shall be approved by the Town prior to the commencement of any
construction work or related activity.
106. ENHANCEMENT OF EXISTING BUS STOP: The Developer is required to coordinate
with the Santa Clara Valley Transportation Authority (VTA), plan for, and provide an
enhanced bus stop at the location of the existing stop along southbo und Los Gatos
Boulevard between Neighborhood Street and Bennett Way. The improvements shall be
in compliance with VTA standards and must be completed and accepted by the Town of
Los Gatos before a Certificate of Occupancy for any new building can be issued.
I 07. STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Applicant shall
pay a fee in the amount $15,000 for the Town's inspection of street lights and traffic
signal related work installed by the Applicant. The fees shall be due at time of building
permit application.
108. TRAFFIC IMPACT MITIGATION FEE: The Applicant shall pay the project's
proportional share of transportation improvements needed to serve cumulative
development within the Town of Los Gatos in the amount of $3 ,432,495.00. The fee
amount will be based upon the Town Council resolution in effect at the time the Vesting
Tentative Map is approved by Town Council. The fee shall be paid before issuance of a
building permit. The final traffic impact mitigation fee for this project shall be calculated
from the final plans using the current fee schedule and rate schedule in effect at the time
Vesting Tentative Map is approved by Town Council, using a comparison between the
existing and proposed uses. The Applicant shall enter into an agreement with the Town
to reimburse the construction costs for eligible off-site improvements per the Town's
traffic mitigation fee policy.
l 09. lNTERSECTION IMPROVEMENTS (INTERSECTION OF LARK A VENU E AND
LOS GATOS BOULEY ARD): The Applicant shall modify the intersection of Lark
A venue and Los Gatos Boulevard to provide:
a. A third northbound left tum lane b. A third eastbound left turn lane
c. Bike lanes d . Additional turn storage length
e. Necessary transition conforms
As directed by the Town Engineer, the Applicant sha11 modify the northwestern comer of
said intersection to accommodate the connection of the multi-use path, including, but
may not be limited to:
f . Modification or removal of the pork-chop isl and
g. Removal of the existing signal controller cabinet and the installation of a new signal
controller cabinet away from where the proposed multi-use path shall connect to the
comer of intersection.
110. INTERSECTION IMPROVEMENTS (INTERSECTION OF NEIGHBORHOOD
STREET AND LOS GATOS BOULEY ARD): The Applicant shall:
a . Construct the intersection of Neighborhood Street and Los Gatos Boulevard, install a
new traffic signal and provide a construction entrance at the proposed project
entrance on Los Gatos Boulevard.
b. Construct signal interconnection along Los Gatos Boulevard from Lark A venue to the
new project signal and from the new project signal to the existing traffic signal at
Burton Road.
c. Install fiber optic communication along Los Gatos Boulevard from Lark A venue to
the new project signal.
TI1e new intersection shall continue to allow access to the driveway of 15000 Los Gatos
Boulevard. The east side of the new intersection shall be constructe d with temporary
curb , gutter, sidewalk and driveway that will provide southbound U-turn, northbound bus
stop, and access to existing properties . The west side of intersection shall be constructed
with standard roadway, curb, gutter, sidewalk, and ADA compliant multi-use path ramps,
and provide for a U-turn movement for northbound Los Gatos Boulevard traffic that will
meet design standards as approved by the Town's Traffic Engineer. These improvements
shall be installed prior to the commencement of any on-site construction activities or
issuance of any grading or building permits. Plans for the construction access shall be
prepared by a California registered civil engineer, reviewed and approved by the Town of
Los Gatos.
111. CONSTRUCTION TRAFFIC PLAN : Prior to the issuance of any encroachment, grading
or building permits, the Applicant shall submit for approval by the Town of Los Gatos
construction traffic plan.
112. INTERSECTION IMPROVEMENTS (INTERSECTION OF LARK A VENUE AND
NORTHBOUND CALIFORNIA STATE ROUTE 17 ON-RAMPS) The Applicant shall
coordinate with the Town of Los Gatos and Caltrans to design and install the following
improvements:
a. Modify the intersection of Lark A venue and the northbound California State Route 17
on-ramps to add a second right tum lane feeding the northbound California State
Route 17 on-ramp. The westbound approach shall consist of two (2) through lanes,
two (2) 200-foot right-tum lanes , and a preserved five (5) foot space for a future bike
lane.
b. Relocate existing signal interconnection and fiber optic cables and conduits along
Lark A venue from Los Gatos Boulevard to California State Route 17 northbound
ramps.
c. Construct a pedestrian crosswalk to allow for the crossing of Lark A venue
immediately east of the northbound California State Route 17 on-and off-ramps.
d. Transition from three (3) to four ( 4) westbound lanes starting immediately west of
'A ' Street.
This intersection is within Caltrans jurisdiction and will require Caltrans review and
approval. The final configuration may change as ultimately approved by the Town and
Cal trans.
113. INTERSECTION IMPROVEMENTS (INTERSECTION OF LARK A VENUE AND ' A '
STREET I HIGHLAND OAKS DRIVE): The Applicant shall construct 'A ' Street and a
median island within Lark Avenue through the intersection with 'A' Street and Highland
Oaks Drive. The modified intersection shall:
a . Allow left-in movements from eastbound Lark A venue
b. Right-in, and right-out only movements for 'A' Street
c. Allow emergency access only for turning into Highland Oaks Drive from westbound
Lark A venue.
This intersection shall provide;
a. Four ( 4) eastbound lanes
b. Three (3) westbound through lanes before ' A ' Street
c. One (I) westbound right-tum deceleration lane before 'A' Street
The Applicant shall install pedestrian barricades to prevent pedestrians crossing Lark
A venue from Highland Oaks Drive to 'A ' Street. Prior to the issuance of grading or
building permits, the Applicant shall install a construction exit from the project site at the
proposed intersection of 'A ' Street and Lark Avenue. Plans for the construction access
shall be prepared by a California registered civil engineer, reviewed and approved by the
Town of Los Gatos.
114. SIGNAL TIMING COORDINATION: The project 's traffic engineer shall re-time and
coordinate the signals along Los Gatos Boulevard from Neighborhood Street to Blossom
Hill Road at the time of the new project signaJ is activated; again at 50% occupancy; and
again at 95% occupancy. The project's traffic engineer shall work with the City of San
Jose in reviewing the feasibility of inclusion of the City of San Jose's traffic signals at
Samaritan Drive and the California State Route 85 ramps and the California Department
of Transportation (Caltrans) traffic signals at California State Route 17 ramps in the
signal timing coordination . The project 's traffic engineer shall work with CaJtrans in
reviewing the feasibility of inclusion of the traffic signals on Lark Avenue at California
State Route 17 ramps and at Oka Road in the s ignal timing coordination. Include these
additional signals in the signal timing coordination as directed by the Town Engineer.
115. TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN: The Applicant shall
prepare a Transportation Demand Management (TDM) Plan for Town of Los Gatos
approval prior to the issuance of a building permit. The TDM shall include a minimum
of those measures identified in the Specific Plan such as :
a. Bicycle facility provisions
b . Transit passes and subsidies
c. Carpool incentive
d. Reserved car share parking
e. Electrical car charging stations
f. Coordination with the Santa Clara Valley Transportation Authority (VTA) to
decrease headway times to connect to regional destinations , etc.
The TDM shall include a TDM coordinator who will submit a TDM effectiveness report
to the Town annually.
116. LARK A VENUE WIDENING: The Applicant shall dedicate ten (10) feet of right-of-way
and widen Lark A venue along the property frontage from Los Gatos Boulevard to the
northbound California State Route 1 7 on-ramp. The improved roadway shall provide:
a . A landscaped median island b. Eastbound bike lanes
c. A ten (10) foot multi -use path d . Three (3) to four (4) westbound lanes
e. Four (4) eastbound lanes f . Preserved width for westbound bike lanes .
The eastbound bike lane shall extend from the northbound California State Route 17 on-
ramp to Los Gatos Boulevard. A five (5) foot width shall be preserved for a future
westbound bike lane from Los Gatos Boulevard to the California State Route 17 on-ramp.
In the eastbound direction, there shall be:
a. Three (3) through lanes and one (1) left-tum Jane west of Highland Oaks Drive
b. Two (2) left-tum lanes, one (1) shared left-tum/through lane, and one (l) right tum
lane east of Highland Oaks Drive.
In the westbound direction , there shall be:
a. Three (3) through Janes and one (1) right-tum deceleration lane east of ' A ' Street
b. Three (3) lanes opening up to four ( 4) lanes starting immediately west of ' A ' Street.
In the area at and near the Lark Avenue/California State Route 17 ramps is within
Caltrans jurisdiction and would require Caltrans review and approval. The final
configuration may change as ultimately approved by the Town and Caltrans.
L 17 . LARK AVENUE SIGNAL rNTERCONNECT AND FIBER OPTIC
COMMUNICATION : The Applicant shall construct and relocate the existing traffic
signal interconnect conduit/cable and fiber optic conduit/cable along the north side of
Lark A venue conduits and cables as directed by the Town Engineer.
118 . LOS GATOS BOULEVARD MEDIAN IMPROVEMENTS: The Applicant shall
construct a continuous raised median island from Lark Avenue to the project 's northern
limits on Los Gatos Boulevard , except at the intersection of Los Gatos Boulevard and
Neighborhood Street.
119. BfCYCLE FACILlTIES: Bicycle facilities including, but may not be limited to , bike
lanes and bike boxes will be provided in all directions and approaches of improved streets
and intersections as directed by Town Engineer.
120. TRAFFIC CALMING ('A ' STREET): The Applicant shall prepare a traffic calming plan
for 'A ' Street and Neighborhood Street for Town of Los Gatos approval as part of the
construction plan submittal. The plan shall discourage cut-through and speeding traffic
as well as commercial traffic access from Lark A venue and 'A' Street.
121. 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.
122. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted
and approved prior to any work in the public right-of-way. This plan shall include, but
not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents , businesses, 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.
123 . 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 3:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the Developer shall work with the Town
of Los Gatos Building Department and Engineering Division Inspectors to devise a traffic
control plan to ensure safe and efficient traffic flow under periods when soil is hauled on
or off of 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 haubng
soil , sand, and other loose debri s.
124. CONSTRUCTION HOURS : All subdivision improvements and site improvements
construction activities, including the delivery of construction materials , labors, heavy
equipment, supplies, etc. shall be limited to 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. The Town of Los Gatos may
authorize on a case-by-case basis a ltern ate construction hours. The Applicant/Developer
shall provide written notice twenty-four (24) hours in advance of modified construction
hours. Approval of this request is at discretion of the Town.
125 . 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 from the source. lf 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.
126. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan that shall incorporate at a
127.
minimum:
a . Earth Movement Plan
c. Project Schedule
e . Employee parking
g. Materials storage area(s)
i . Concrete washout(s)
PRIVATE STREETS: All streets
privately maintained.
b. Traffic Control Plan
d. Site security fencing
f. Construction staging area
h. Construction trailer(s)
j . Proposed outhouse lo cation(s)
within the development shall be private and thus
128. MAINTENANCE ACCESS : Prior to the issuance of any permits, the Applicant shall
propose maintenance access improvements for the Town Engineer to review, comment
on, and approve. The Engineering Division of the Parks and Public Works Department
shal l approve the surface materials over each public easement.
129. SHARED PRN ATE STREET: All private streets within the Project Site shall be kept
open and in a safe, drive-able condition throughout construction. If temporary closure is
needed, then formal written notice shall be provided at lea st one week in advance of
closure.
130. SANTA CLARA VALLEY WATER DISTRICT (SCVWD): Prior to start of any work
along or within Santa Clara Valley Water District (SCVWD) right-of-way/easement, the
Developer shall submit construction plans to SCVWD for review and approval , and
obtain necessary encroachment permits for the proposed work. A copy of the approved
encroachment perrnit(s) is/are required to be submitted to the Engineering Division of the
Parks and Public Works Department prior to Grading Permit issuance.
131. CALTRANS: Prior to the start of any work along or within the California Department of
Transportation (Caltrans) rights-of-way and/or easement, the Developer shall obtain all
necessary approvals and permits for the proposed work. Copy of approved permit(s)
is/are required to be submitted to the Engineering Division of the Parks and Public Works
Department prior to permit issuance.
I 32. JARP A: (The Bay Area Joint Aquatic Resources Permit Application). The Applicant
shall apply for a permit through JARP A for any proposed drainage system within the
creek setback. This permit shall be obtained prior to issuance of any permits.
133 . 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 . A Sanitary Sewer Clean-out is required for each property at the property line
or location specify by the Town.
134. 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 Building Official. The Town of
Los Gatos 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 Unifonn 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 the issuance of a building
permit.
135. STORMW ATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one ( 1) acre or more
which are part of a larger common plan of development which disturbs less than one (1)
acre are required to obtain coverage under the construction general permit with the State
Water Resources Control Board. The Applicant is required to provide proof of Waste
Discharger Identification number (WDID#) and keep a current copy of the storm water
pollution prevention plan (SWPPP) on the construction site, which shall be made
available to the Town of Los Gatos Engineering Division of the Parks and Public Works
Department and/or Building Department upon request.
136. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for
ensuring that all contractors are aware of all storm water quality measures and that such
measures are implemented. 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 replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
137. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the stonnwater development runoff requirements. Every applicant
shall submit a stormwater control plan and implement conditions of approval that reduce
stormwater pollutant discharges through the 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 in such a way that post-development flows meet or are
below pre-development flows.
138. SITE DESIGN MEASURES: All projects shall incorporate the foUowing measures:
a . Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas .
c. Direct roof downspouts to vegetated areas.
d . Use permeable pavement surfaces on the driveway, at a minimum .
e . Use landscaping to treat stonnwater.
139. LANDSCAPING : In finalizing the landscape plan for the biotreatment areas , it is
recommended that the landscape architect ensure that the characteristics of the selected
plants are similar to those of the plants listed for use in bioretention areas in Appendix D
of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Storrnwater Handbook.
140. LANDSCAPE MAINTENANCE AGREEMENT: The Developer shall enter into a
Landscape Maintenance Agreement with the Town of Los Gatos in which the Developer
agrees to maintain the vegetated areas along the project's Los Gatos Boulevard and Lark
A venue frontages located within the public right-of-way. The agreement must be
completed and accepted by the Town Attorney prior to the issuance of any permits.
l 41 . STORMW ATER TREATEMENT MEASURE SETBACKS : Building foundations shall
be set back from proposed stormwater treatment measures a sufficient distance to allow
excavation for and installation of said measure(s) without undermining the building
foundation(s). The Town Engineer shall determine the appropriate setback based on the
dept11 of the measure(s), input from the project soils engineer, and the type of foundation.
142. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and 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 (1) acre. A maximum of two (2) 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 contro l
plans and SWPPP shall be in compliance with applicable measures contained in the
amended provision s C.3 and C .14 of most current Santa Clara County Nationa l Pollutant
Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Monitoring
for erosion and sediment control is required and shall be performed by the Qualified
SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by the
Construction General Permit. Stonnwater 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
(REAP) must be developed forty-eight (48) hours prior to any likely precipitation even,
defined by a fifty (50) percent or greater probability as determined by the National
Oceanic and Atmospheric Administration (NOAA), and/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.go v/fo recast) which must accompany monitoring
reports and sampling test data. A rain gauge is required on-site. The Town of Los Gatos
Engineering Division of the Parks and Public Works Department and the Building
D epartment 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.
143. DUST CONTROL : The following measures shall be implemented at construction sites
greater than four ( 4) acres in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand , etc.).
c. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways .
e. Replant vegetation in disturbed areas as quickly as possible.
144. CONSTRUCTION ACTIVITIES : All construction shall conform to the latest
requirements of the CASQA Stonnwater Best Management Practices Handbooks for
Construction Activities and New Development and Redevelopment, the Town's grading
and erosion control ordinance, and other generally accepted engineering practices for
erosion control as req uired by the Town Engineer when undertaking construction
activities.
145 . STORMW ATER DISCHARGE: New buildings, such as food service facilities and/or
multi-family residential complexes or subdivisions, shall provide a covered or enclosed
area for dumpsters and recycling containers. The area shall be designed to prevent water
run-on to the area and runoff from the area. Areas around trash enclosures, recycling
areas, and/or food compactor enclosures shall not discharge directly to the storm drain
system . Any drains installed in or beneath dumpsters , compactors, and tallow bin areas
serving food service facilities shall be connected to a grease removal device prior to
discharging to the sanitary sewer. The Applicant shall contact the local permitting
authority and/or sanitary district with jurisdiction for specific connection and discharge
requirements
146. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks . No through
curb drains will be alJowed. 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 a minimum of ten (10) feet from the adjacent
property line and/or right-of-way. No improvements shall obstruct or divert runoff to the
detriment of an adjacent, downstream or down slope property.
147. OFF-SITE DRAINAGE : The Developer shall construct and install a private on-site storm
drain system that is adequately sized to collect and convey adjacent off-site tributary
drainage. Prior to the issuance of any permits, hydraulic calculations for a 100-year
storm event shall provide documentation that the proposed storm drain system can
convey said off-site drainage as well as on-site drainage during this event over, within,
through and off the site, and ultimately into Los Gatos Creek.
148. CONVEYANCE OF DRAINAGE TO LOS GATOS CREEK: Prior to the issuance of
any permits, the Applicant shall confirm with the sufficient hydrau1ic calculations that the
existi ng storm drain facilities that will convey drainage from the project site to the outfall
at Los Gatos Creek are sufficient for surface drainage produced as a result of Phase I,
future phase{s), and that conveyed by the adjacent off-site tributary drainage areas (i.e.
Los Gatos Boulevard and its adjoining properties).
149. 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 National
Pollutant Discharge Elimination System (NPDES) Permit, Ord er R2-2015-0049, NPDES
Penn.it No. CAS6 I 2008 . The plan shall delineate source control measures and Best
Management Practices (BMPs) together with the sizing calculations . The plan shall be
certified by a professional pre-qualified by the Town of Los Gatos. In the event that the
storm water measures proposed on the Planning approval differ significantly from those
certified on the Bwlding/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.
150. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added
to the storm water management plan: "The biotreatment soil mix used in all stormwater
treatment landscapes shall comply with the specifications in Attachment L of the
Municipal Regional Permit (MRP). Proof of compliance shall be submitted by the
Contractor to the Town of Los Gatos a minimum of thirty (30) days prior to delivery of
the material to the job s ite using the Biotreatment Soil Mix Supplier Certification
Statement"
151. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the
biotreatment soils provider is required and shall be given to Engineering Division
Inspection staff a minimlll11 of thirty (30) days prior to delivery of the material to the job
site. Additionally deliver tags from the soil mix shall also be provided to Engineering
Division Inspection staff. Sample Certification can be found here:
h ttp ://www.scvurppp-w2k.com/nd wp.shtml?zoom highligbt=BIOTREA TME NT +SOIL
152. AGREEMENT FOR STORMW ATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS: The property homeowner 's
association(s) shall enter into an agreement with the Town of Los Gatos for maintenance
of the stormwater filtration facilities and devices required to be installed on this project
by Town 's Stormwater Discharge Permit and all current amendments or modifications.
The agreement shall specify that certain routine maintenance shall be performed by the
property homeowner 's association(s) and shall specify device maintenance reporting
requirements. The agreement shall also specify routine inspection requirements , permits
and payment of fees. The agreement shall be recorded , and a copy of the recorded
agreement shall be submitted to the Engineering Division of the Parks and Public Works
Department, prior to the release of any occupancy perm.its .
153 . PUBLIC STORM DRAIANGE CONVEYANCE AGREEMENT: The Developer shall
enter into a Public Storm Drainage Conveyance Agreement with the Town of Los Gatos
to allow for the conveyance of storm drainage from the Los Gatos Boulevard public
right-of-way through the on-site private storm drain system and within the private streets
to be constructed with the project. The Developer shalJ be solely responsible for
maintaining the storm drain system at all times and shall indemnify the Town of Los
Gatos. The agreement must be completed and accepted by the Town Attorney prior to
the issuance of any permits.
154. 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 pubUc 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 .
155. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be cov ered and
provided with area drains connected to the sanitary sewer per current National Pollutant
Discharge Elimination System (NP DES) requirements before a Certificate of Occupancy
for any new building can be issued. Temporary trash enclosures are exempt from this
condition. Connecting said drainage system to the stonn drain system shall not be
permitted.
156 . GREASE TRAPS: The Applicant shall meet all requirements of the Santa Clara County
Health Department and West Valley Sanitation District for the interception, s eparation or
pretreatment of effluent.
157 . GOOD HOUSEKEEPING: Good housekeeping practices shalJ be observed at all times
during the course of construction. All construction shall be diligently supervised 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 an
encroachment permit is issued by the Engineering Division of th e Parks and Public
Works Department. 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 an encroachment 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 penalties
and/or the Town performing the required maintenance at the Developer's e xpense.
158 . NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN : The Applicant
shall initiate a weekly neighborhood e-mail notification program to provide project status
updates. The e-mail notices shall also be posted on a bulletin board placed in a
prominent location along the project perimeter.
159 . PERMIT 1SSUANCE: Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
160. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
161. FUTURE STUDIES : Any post project traffic or parking counts, or other studies imposed
by Planning Commission or Town Council shall be funded by the Applicant.
162. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an
agreement to construct public improvements in accordance with Town of Los Gatos Code
Section 24.40.020. The Applicant shall supply suitable securities for all p ubl ic
improvements that are part of the development in a form acceptable to the Town in the
amount of 100% (performance) and l 00% (labor and materials) prior to the issuance of
any permit. The Applicant shall provide two (2) copies of documents verifying the cost
of the public improvements to the satisfaction of the Engineering D ivision of the Parks
and Public Works Department. A copy of the recorded agreement shall be submitte-0 to
the Engineering Division of the Parks and Public Works Department prior to the issuance
of any permit.
163. ABOVE GROUND UTILITIES: The Applicant shall submit a seventy-five (75) percent
progress printing to the Town for review of above ground utilities including:
a. Backflow prevention devices b. Fire department connections
c. Gas and water meters d. Off-street valve boxes
e. Hydrants f. Site lighting
g. Transformers h. Electrical/communication/cable boxes
i. Mail boxes
Above ground utilities shall be reviewed and approved by the Town o f Los Gatos
Community Development Department prior to issuance of any permit.
164. PUBLIC STREET LIGHTING: Replace existing street light fixtures along Los Gatos
Boulevard frontage between Lark Avenue and the northern limits of Phase 1 with new
LED light fixtures . Install new street light poles and LED light fixture for the widened
Lark A venue frontage . The Applicant's engineer shall prepare street light plan for the
widened Lark A venue for approval by the Town Engineer. On-lot lighting shall be
incorporated for the multi-use path,
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
165. REQUIRED FIRE DEPARTMENT ACCESS: Compliance with the following is
required; CFC Sec. 503 , 504 , 506, 509 and Santa Clara County Fire Dept. Standard
Detail and Specification A-1. Minimum required roadway width is 20 feet. Note
specifically the requirements for a minimum 26-foot wide roadway serving buildings
more than 30 feet in height from the lowest level of Fire Dept. Access. No parking is
allowed within these minimum required widths . Minimum vertical clearance is 13' 6".
166. FIRE SPRINKLERS REQUIRED: System requirements will vary depending upon the
occupancy classification and projected use of each structure. It appears that the largest
single structure will be a commercial multistory structure of 18 ,000 square feet.
Applicants are advised to consult with the San Jose Water Company to determine what
existing and proposed infrastructure will be required to meet the anticipated demand.
CFC Chp. 9 and CRC Sec. 313 as adopted and amended by LGTC.
167 . WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor ofrecord. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant( s).
168. PUBLIC FIRE HYDRANT(S) REQUIRED: Provide public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and San Jose Water Company.
Maximum hydrant spacing shall be determined by the currently adopted edition of the
California Fire Code, with a minimum single hydrant flow of 1,500 GPM at 20 psi ,
residual. Fire hydrants shall be provided along required fire apparatus access roads and
adjacent public streets.
169 . HOSE VALVES/STANDPIPES REQUIRED: Hose valves/standpipes shall be installed
as per the 2010 CFC Sec. 905, or where emergency access has been deemed minimal,
shall be equipped with standpipes designed per NFPA Std. #14, and be equipped with 2-
1/2" inch hose valves, located within the stair enclosure(s). Note specifically, within
parking structure(s) at stairwells and on any proposed podium within certain courtyard
areas.
170. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED : All access
roadways shall be paved with an all-weather surface and a minimum unobstructed width
of 26 feet, vertical clearance of 13 feet 6 inches, and have a minimum circulating turning
radius to the satisfaction of the Santa Clara County Fire Marshall, as well as a maximum
slope of 10 percent and vehicle loading of 75 ,000 pounds .
171. PARKING ALONG ROADWAYS : The required width of fire access roadways shall not
be obstructed in any manner and, parking shall not be allowed along roadways less than
28 feet in width. Parking may be permitted along one side of roadways 28-35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb face to curb face, with
parking space based on an 8 ft. width.
172. GROUND LADDER ACCESS: Ground-ladder rescue from second and third floor
sleeping rooms shall be made possible for fire department operations. With the climbing
angle of seventy five degrees maintained, an approximate walkway width along either
side of the building shall be no less than seven feet clear. Landscaping shall not be
allowed to interfere with the required access.
173. REQUIRED BUILDING ACCESS. Exterior doors and openings required by this code or
the International Building Code shall be maintained readily accessible for emergency
access by the fire department. An approved access walkway leading from fire apparatus
access roads to exterior openings shall be provided when required by the fire code
official.
174. KEY BOXES: Where required: Where access to or within a structure or an area is
restticted because of secured openings or where immediate access is necessary for life-
saving or fire-fighting purposes, the fire code official is authorized to require a key box to
be ins talled in an approved location. The key box shall be of an approved type and shall
contain keys to gain necessary access as required by the fire code official. Locks. An
approved lock shall be installed on gates or similar barriers when required by the fire
code official. Key box maintenance. The operator of the building shall immediately
notify the fire code official and provide the new key when a lock is changed or rekeyed .
The key to such lock shall be secured in the key box.
175. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for
fire protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved alternative
methods of protection are provided. Temporary street signs shall be installed at each
street intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505 .2.
176. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: Gate installations shall
confonn to Fire Department Standard Details and Specification G-1 and, when open s hall
not obstruct any portion of the required width for emergency access roadways or
driveways. Locks, if provided, shall be fire department approved prior to installation.
Gates across the emergency access roadways shall be equipped with an approved access
devices. If the gates are operated electrically, an approved Knox key switch shall be
installed; if they are operated manually, then an approved Knox padlock shall be
instaJled. Gates providing access from a road to a driveway or other roadway shall be at
least 30 feet from the road being exited.
177. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 14 and our Standard Detail and Specification
Sl-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. Plan pages specifically dedicated to safety plans, including proposed temporary
access and water supply for each phase will be required.
178. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all
new and existing 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.
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North 40 Project Summary and Justification
Summary:
Phase I of the North 40 is a comprehensive proposal by Grosvenor, SummerHill Homes, Eden
Housing, and Lexor Builders on 20.69 acres (including .13 acres for public right-of-way
dedication) to realize the Town’s vision for the areas described as the Lark and Transition
Districts. The proposal allows for continuity with the development of the future phases within
the overall 44 acres of the North 40 Specific Plan Area, including the Northern District. In this
proposal we believe that we have brought The Town’s Specific Plan to life.
Approximately 66,791 gross square feet (59,320 net leasable) of retail and restaurant offerings
are proposed in the Transition District to serve this new community as well as the existing
surrounding neighborhoods. This first phase will be anchored by a 20,920 +/- gross square foot
specialty market (16,380 net leasable).
The residential homes proposed include diverse residential types that target the Town’s unmet
needs for young professionals and seniors. These include 50 senior affordable apartments
directly above the specialty market, 80 courtyard condominiums, 180 garden cluster and
rowhome residential units designed with the young professional or couple in mind, 2 live-work
lofts, and 8 one and two-bedroom apartments above a portion of the retail. All new homes will
be complimented by and provide convenient access to goods and services in the new
neighborhood retail shops.
A network of community gardens and orchard trees are linked together by paseos and a
multimodal path. Overall, the agrarian-inspired open space plan is well over 30% of the project
area, with beautiful view corridors and places for residents and the community to come
together.
The proposed community is a celebration of the Los Gatos quality of life, and focuses on the
Specific Plan’s Vision Statement and Guiding Principles:
Town Council Vision Statement:
The North 40 reflects the special nature of our hometown. It celebrates our history, agricultural
heritage, hillside views and small town character. The North 40 is seamlessly woven into the
fabric of our community, complementing other Los Gatos residential and business
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neighborhoods. It is respectful of precious community resources and offers unique attributes
that enrich the quality of life of all our residents.
Guiding Principles:
•The North 40 will look and feel like Los Gatos
•The North 40 will embrace hillside views, trees, and open space.
•The North 40 will address the Town’s residential and/or commercial unmet needs.
•The North 40 will minimize or mitigate impacts on the Town’s infrastructure, schools,
and other community services.
Open Spaces
The Draft Specific Plan requires a minimum of 30% of each application to be dedicated as open
space, which is more open space than is found in most existing Los Gatos communities.
Because the open space requirements are such a prominent element of the Specific plan, the
open spaces created within the proposed community are more than merely green areas or
parks to meet a minimum requirement. Instead, the greens have been thoughtfully designed as
buffers between existing roadways, connecting paseos, community gardens, gathering places,
and view corridors. The open space elements will be a prominent feature, linking the districts
and future residents while gaining inspiration from the agricultural history of the property. In
addition, the amenities provided within the open spaces will not only appeal to the young
professionals, seniors and move-down buyers but will also complement the existing open space
offerings within the Town. Overall, the proposal includes over 39% of the area as open space
(30% is required) and almost 23% as “green” open space (20% is required), which demonstrates
the focus that these spaces have been given in driving the design of the community.
The applicant has enlisted the nonprofit Garden to Table’s founder Zach Lewis to advise on the
design, maintenance and programming of community gardens and orchard treatments.
Together with the project’s landscape architects, the vision for the proposed open space
programming has been established, and includes the following:
Orchard Buffers and Plantings: A 30’ orchard buffer is proposed both along Lark Avenue and
Los Gatos Boulevard along the property frontage. The area along Lark Avenue will include a
multi-use trail that can be utilized by pedestrians and bicyclists, and offers path through the
orchard trees. A vineyard will greet community members as they enter the neighborhood
serving retail area in the Transition District.
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The majority of the almost 550 orchard trees are fruit-bearing, and will provide opportunities
for harvesting. Based on recommendations of our technical advisors and the agrarian history of
the region, a number of varietals are proposed, which work together to maintain long-term soil
fertility as well as a diverse offering of produce, including walnut, cherry, apricot, apples,
peaches, plum, figs, citrus, persimmons and pomegranate. In addition being located within the
buffer along existing roads, the orchard treatments are continued along A Street and within the
paseos.
All Common Open Space Trees within the Lark District are in the design guidelines with one
exception: Arbutus menziesii, Pacific Madrone, although beautiful it does not transplant or grow
well in a cultivated or garden setting. Arbutus x ‘Marina’ as a cultivated garden variety substitute
for A.menziesii, which we have included in the tree palette.
Orchard/fruiting trees listed were recommended by a community garden consultant. In the
Transition District the tree list reflects that of the Specific Plan, with a few noted exceptions. Olea
europaea was added as a street tree because of its significance as an important rural and
agricultural tree in California. Prunus domestica, Prunus avium ‘Rainier’, Prunus avium ‘Bing’,
Prunus armeniaca ‘Moorpark’, Citrus x limon ‘Meyer’, were all added as orchard trees to give
additional fruiting species as recommended as viable fruiting orchard species by Les Kishler of
Agro Ecology (Los Gatos fruiting tree specialist).
Central Park and Community Gardens: Transition and Lark District residents will be able to
connect in the community gardens in the Central Community park. Thirty nine plots are
programmed in the community park and will be available for community members to adopt.
The gardens strive to bring together the multi-generational community in one location.
Additional smaller raised garden beds will be included in the open space plaza of the Eden
building to provide more gardening opportunities for the seniors. Eden has had great success
with a similar program in their other projects.
A Demonstration Garden is proposed for onsite restaurant use or adoption by a local
restaurant. This garden will not only grow produce that can be utilized in the restaurant, but
will also offer a staging area for cooking demonstrations.
Garden Retreat Public Space: The residential and the commercial come together to frame the
Garden Retreat open space within the Transition District. Approximately 9,000 square feet of
open space is demised into intimate gathering spaces, including semi-private areas for
neighborhood picnicking, canopied passage ways, a movie screen wall for warm evening
screenings, fireplaces, and flexible outdoor furnishings. The restaurant building has been
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designed to have a dining area that looks into the park, further strengthening the connection
between the uses.
Paseos and View Corridors: In addition to the Grand Paseo found on the southeast portion of
the property which boasts serene seating areas and resting spaces, numerous paseos (in
connection with right-of-ways) have been strategically situated to unite the residents and
provide view sheds towards the hillsides. In addition to A Street, there are three paseos that
offer southern hillside views, and multiple paseos and pedestrian corridors that provide views
to the eastern hills. Further, these paseos offer connectivity throughout the districts, which will
encourage pedestrian and bicycle use within the North 40.
Bicycle Connectivity: The Central Park and Garden Retreat open spaces have been connected
through not only the shared bicycle/vehicular A Street, but also through an 8’ wide multi-use
path that runs from Lark to the north, through a green paseo, and connects then to the east to
Los Gatos Boulevard. Bicycle amenities such as equipment vending, tuning areas, bike racks,
and signage are found along this multi-use path and encourage ridership to, from, and within
the North 40.
Additional Amenities: A variety of additional passive, active and vibrant open space amenities
are proposed. These include places to gather with neighbors, unwind, relax, and embrace the
outdoor lifestyle that Los Gatans relish. A bocce court in the Central Community Park, multiple
fire pits, large outdoor communal grilling and dining areas, a dog park and path for four legged
friends, turf areas with sun shades and hammocks can all be found in the park and paseo areas.
The retail portion of the property will host a vineyard, café seating and relaxing plaza spaces.
Together, the districts will provide a synergy of amenities.
Residential Program:
Between the Lark and Transition Districts, four distinct residential programs will be offered, all
tailored to meet the Town’s unmet needs for places for young professionals and income-
restricted seniors to live. These include 50 senior affordable apartments directly above the
specialty market, 80 courtyard condominiums, 180 garden cluster and rowhouse residential
units designed with the young professional or couple in mind, 2 live-work lofts, and 8 one and
two-bedroom apartments above a portion of the retail. The floor plans are as diverse as the
people that will live in them, with a range of square footages and creative design. Focus has
been given to what this buyer will seek in their home, including media spaces and offices for
the young professionals. Exteriors have also been carefully designed to include elements that
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are both contemporary while remaining true to the agrarian roots of the property. Finishes
such as wood trim, corrugated metal, and barn doors compliment grand windows and terraces.
Senior Affordable Apartments: A community’s senior residents are often unable to maintain
their long time residences within a community and they must move into a home designed to fit
their needs and budget. Unfortunately, the ability of these residents to stay within the
community they know and love can be very difficult. The senior affordable apartments
proposed with this plan will provide this opportunity, with elevator access and direct proximity
to the neighborhood serving retail in the Transition district. Accessibility will be provided by
elevators and drive up parking, and the community garden on the plaza will provide an
opportunity to grow food and get to know your neighbors. Easy walkability to goods and
services complete the ease of what could otherwise be a difficult transition. While 40 units are
required to fulfil the Town’s BMP program requirements, 50 affordable senior units are
proposed (25% more BMPs than are required for the project). Additional information on the
senior affordable apartments and Eden’s extensive experience in programming this product
type is attached in the BMP program details.
Young-Professional Residences: 260 rowhomes, flats, and condominiums in three product
designs are proposed with the young professional in mind. Averaging 1.9 bedrooms and
approximately 1,500 square feet, these homes offer a place that the next generation of young
Los Gatans will want to live. The Specific Plan requires 15% of the units to be two story;
however, this plan far exceeds this requirement with over 28% of the homes having two-story
elements. A range of product types include the Garden Cluster, Rowhome, and Courtyard
Condominium Homes. Nineteen floor plans provide this buyer with the options and variety
that they desire. Media rooms, home offices, open floor plans, loft living, and large screen
walls for gaming and movie watching offer a work at home, play at home lifestyle. Bedrooms
on separated levels provide for roommate opportunities, home offices, or space for visitors.
Contemporary finishes such as open-tread stairs, concrete countertops, and large windows
provide bright, current, and comfortable living. Exterior spaces range from intimate living-level
open spaces (which are fenced for a dog) to gracious terraces and second story porches. These
private open spaces feed off the main living area to allow for additional space to hang out and
relax with friends.
Of these residences, Lexor Builders will construct and own 7 of these young professional
condominiums, which will blend seamlessly with the project with consistent architecture and
landscaping. These units will also participate in the community’s HOA.
Condominium Tandem Parking: Some of the young-professional residences have tandem
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parking garages. While a standard 11’x20’ parking garage provides an additional 2’ for access
and storage around a clear vehicle parking area of 9’x18’, with two vehicles parked in
tandem, a second 2’ is not required leading to a 38’ garage depth for two 9’x18’ vehicle spaces.
While Los Gatos does not have tandem parking size requirements, many local and regional
jurisdictions have tandem spaces specified with 35’ to 38’ garage depths, with the 38’
depth providing extra storage space for trash containers. Sunnyvale, for example, allows for
a 36’ tandem garage depth and South Pasadena has a 10’x35’ minimum garage size. Dhalin
Group has several approved projects in the Bay Area with 36’ to 38’ tandem garage
depths. Some examples include Rancho Laguna in Moraga (a SummerHill Homes community),
Terra Mia in Morgan Hill and Capella in San Ramon.
To assist in achieving 20 units per acre in this project, we have provided a 36’ minimum
depth clearance for parking in garages where trash is stored in alcoves to the side of the
parking area. Garages with trash storage to the rear of the garage are provided with
additional garage depth.
Shuffle stalls were considered, but because these are ownership condominiums with each unit
having direct access to their garage, it was determined that they were not needed for a project
of this type. The lifestyle of living in a home with tandem parking is one of shared access to
both vehicles in a two vehicle household. Residents will have two sets of keys and take
whichever car is available as they leave the home. Further, with the distribution of guest stalls
throughout the project, when a vehicle swap is needed, the second vehicle can be parked
temporarily in a nearby guest stall before it is returned to the garage.
Live Work and Apartment Residences: Two live-work units and eight apartment residences are
located in the heart of the Transition District above retail uses. Rather than build un-authentic
second floor height which we believe is vital to deliver balanced proportionality to the streets,
this limited residential offering will provide a unique living environment for either the millennial
or empty nester.
Retail/Commercial Program:
This application establishes the retail component of the Transition District as the community
hub of the new North 40 neighborhood. The neighborhood serving retail will become a place to
draw this part of Los Gatos together. It features a mix of community focused retail which is
anchored by an approximately 20,000 square foot specialty market that will celebrate the site’s
rich agrarian history. The remaining 45,000 +/- square feet of commercial space will include
personal services, restaurants/cafes, and other neighborhood-serving retail.
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The Transition District works as a stand-alone retail program but is intended to be integrated in
the larger commercial program that is envisioned in the Specific Plan. This retail hub has been
designed in a way that allows it to seamlessly plug into future development in the Northern
District. The program hopes to elevate the quality and design of retail offerings along Los Gatos
Boulevard while complementing recently completed developments in close proximity. The
transformation of this stretch of Los Gatos Boulevard will improve the quality of the experience
of driving along the boulevard while also increasing property values in the areas.
Sustainability:
Sustainability is an essential element to the North 40 development. The project components
will include the following strategies:
• To encourage water conservation, our site will use high efficiency irrigation
systems, while our homes and retail buildings will feature low flow water fixtures
and tank-less hot water heaters.
• To achieve a high level of energy efficiency, we will use Energy Star appliances
and Bath Fans, high efficiency air conditioners, and ample exterior wall framing
for increased wall insulation (R value).
• We promote healthier homes with good air quality by using low VOC paints,
caulking and construction adhesives, environmentally responsible refrigerants,
and MERV 8 HVAC filters. We will also upgrade the electrical panels for each of
the condominiums to offer the option of an electric charge station in each
private garage.
• Construction recycling will be implemented to reduce landfill volume during
construction and Fly Ash and or slag in will be incorporated as environmentally
preferable products in our concrete foundation.
North Forty Specific Plan - Sustainability Guidelines
The Specific Plan includes specific guidelines for a project application. Below are these
guidelines and how the Phase I Application conforms to each of these guidelines:
Guideline: Promote use of native and/or drought tolerant plants in parking lot islands and
other landscaped areas, where feasible. A licensed landscape architect shall certify that all
landscape plans include drought tolerant plants and meet Water Efficient Landscape
Ordinance requirements.
• Response: The plant palette includes a majority of drought tolerant and native
plants. A licensed landscape architect will certify final landscape plans include
drought tolerant plants and meet Water Efficient Landscape Ordinance
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requirements.
Guideline: Utilize natural drainage systems to the maximum extent practical.
Guideline: Non-structural Best Management Practices (BMP’s) should be used unless they
are infeasible in which case the infeasibility shall be documented and structural BMP’s
implemented.
Guideline: Pre-treat stormwater as currently defined by National Pollutant Discharge
Elimination System (NPDES) Guidelines prior to infiltration or discharge from site.
Guideline: Site development should comply with all applicable Regional Water Quality
Control Board and Santa Clara County regulations for water quality and quantity.
•To address these four categories above: Stormwater runoff is directed into
landscaped bioretention areas prior to entering the storm drain system thereby
providing natural treatment (i.e. filtering stormwater through select soil, plant
uptake, infiltration, etc.). In addition, a stormwater hydromodification system
controls the offsite discharge rate into Los Gatos Creek such that post-
development flows match pre- development flows for a select range of storm
events thereby minimizing erosion potential.
Guideline: Minimize impervious area to the maximum extent practical.
•The site design aims to minimize impervious surface area. The project’s green
open space exceeds what is called for in the Specific Plan (22.8%, exceeding the
20% required).
Guideline: Design buildings with pedestrian oriented building entries facing onto common
space, streets paseos and plazas.
•Our buildings are oriented to the streets with pedestrian walks. We have, where
possible with careful consideration, introduced common spaces and passes to
create interests and vitality between our buildings.
Guideline: Design neighborhoods and projects with strong pedestrian connections to
sidewalks, parks, pathways and existing or future bike facilities.
•The Phase I Application is designed to facilitate and encourage multiple modes of
transportation, with a focus on pedestrian and biking friendly routes. Detached
sidewalks with planting buffers, “sharrows” bike route on A Street South, and a
multi-modal path are provided throughout the North 40 with major connections
at Market Hall & the Community Park.
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Guideline: Include bicycle parking facilities and on-site showers in major non-residential
development projects.
• In the Lark District, bicycle facilities shall include short term guest bicycle parking
distributed throughout the district. In addition a bicycle repair and tune-up
station will be located on A Street South adjacent the round-a-bout and publicly
accessible.
• In the Transition district, there are four locations with bicycle parking facilities.
Two bicycle parking facilities are located near the front door to Market Hall, one
is located at the intersection of Neighborhood and South A Street, and one is
located next to the demonstration garden.
• During further development with we are evaluating the implementation of an
on-site shower at Market Hall and Phase II future facilities.
Guideline: Encourage sustainable building practices to reduce energy use through solar
orientation that takes advantage of shade, prevailing winds, landscaping and sun
screens.
• We will upgrade the electrical panels for each of the condominiums to offer
the option of an electric charge station in each private garage.
Guideline: Design new buildings and parking lots to include or allow for the easy, cost-
effective installation of future solar energy systems, where feasible.
• For Summer Hill Home’s residential for-sale condominiums, the rooftops will be
pre-wired for solar and the structural built in during construction for future solar
energy systems.
Guideline: Encourage the integration of community gardens and urban farm sites into
neighborhoods where appropriate.
• 39 Community Garden Plots are proposed in the Community Open Space, and
approximately 2 acres of orchard trees are proposed both on the perimeter as
well as throughout the property. Almost 90% of these orchard trees will produce
a variety of fruits. A demonstration garden is proposed, as well as a community
garden above the podium for the Senior Affordable units.
In the Retail areas the integration of the community garden and urban farm sites around
the buildings help promote the farm to table life style.
Density Bonus:
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A density bonus will be applied for with this application. Because far more than 11% of the
project (49 of the 50 senior apartments) will be rented to very-low income seniors (with one
additional moderate rate manager’s unit), the project qualifies for the State35% density bonus.
The 237 baseline units (50 senior affordable and 187 market rate) plus the 35% density bonus
unit (83 additional units) results in an overall residential program consisting of 320 for-sale and
for-rent market rate and affordable homes.
Conclusion:
The Phase I North 40 application has thoughtfully applied the North 40 Specific Plan’s Vision
Statement and Guiding Principles in its design. The North 40 proposes a new community that
celebrates the Los Gatos lifestyle. The commercial/retail component provides much needed
restaurant and retail offerings to the new neighborhood and surrounding community on the
north end of Los Gatos, featuring goods and services that are appealing for Millennials and
seniors. The residential program feeds off common community amenities with a mix of housing
styles that target young adults, empty nesters and seniors with further affordability needs.
Finally, tying all of these components together, the carefully designed open space and public
realm have been inspired by the agrarian roots of the site and the Town of Los Gatos.
February 2, 2016
RE: North 40, Los Gatos CA PROJECT No: 09039
Narrative in Response to Staff Technical Review and Larry Cannon Comments
From Staff Technical Review comments dated May 21, 2014, Item 26:
“Describe the proposed architectural design of each building and alternate elevation being
proposed, and why the design is in keeping with the Town’s character.”
From Larry Cannon’s comments dated July 23, 2014:
“Achieving the Town Council’s vision of developing the North 40 so that it will ‘look and feel
like Los Gatos’ will be a special challenge.”
INTRODUCTION
When we think about “in keeping with the Town’s character”, a range of contrasting images
comes to mind. The Town maintains a strong reverence for local, historic structures, its
agricultural past and its downtown fabric, as it simultaneously evolves as the seat of a 21st
century library and of world class technology companies. There are large stretches of
established, well-landscaped residential neighborhoods and newer townhomes that contrast
Los Gatos Boulevard’s commercial centers with their open parking lots. Framing the ensemble,
there are the natural hillsides that create a picturesque backdrop, evoking the feel of a retreat
from the Silicon Valley. All together, the Town’s character is established by a blend of these
diverse elements.
Following the Guiding Principles of the Specific Plan, the site and building design will create a
place that has an authentic feel and avoids the earmarks of “project”. The buildings are meant
to work as a blended collection. As such, the design objectives go beyond attention to the
aesthetics and detail of each building. The public realm and buildings are planned together to
create a harmonious whole. As in other areas of Los Gatos, it’s the sum of diverse parts that
creates place and community.
Addressing the look and feel of Los Gatos goes beyond the reference to any single
neighborhood; rather it is a quality and pride that each individual neighborhood brings to the
overall community. Our approach considers how all the elements come together as a holistic
ensemble to create genuine community, a place that feels welcoming and may evolve with time
like other parts of Los Gatos have over its history.
At the North 40, a commitment to quality and diversity of materials, articulation and
landscaping is consistent with the high standards of Los Gatos. The buildings feature a range of
complementary but not identical styles. Each building makes reference to particular local
characteristics, but not necessarily the same ones, so that we avoid a homogenous aesthetic.
The objective is that the new neighborhood will be in keeping with the character of Los Gatos in
more fundamental ways than copying a detail or resurrecting a style from another era.
Los Gatos North 40 Narrative
February 2, 2016
Page 2 of 7
SITE DESIGN
Residents and visitors alike would agree that Los Gatos is perceived as one of the most walkable communities in
the region, an attribute that sets it apart from much of the Silicon Valley. This relaxed and pedestrian friendly
atmosphere is one of the Town’s character-defining features. The North 40 is located at the northernmost edge of
the Town, and interfaces with the largely commercial Los Gatos Boulevard and Highways 17 and 85. In spite of the
large-scale street character within the immediate context, there is an opportunity in the North 40 to make
reference to Los Gatos’ walkable neighborhoods.
A walkable community is one in which residents can make some of the daily trips on foot, or can find services
clustered to reduce dependence on the automobile. What aspects of land planning make a community walkable
and welcoming? There are many factors, but three elements present in Los Gatos are:
- modest block sizes
- well-designed streets and sidewalks
- frequent building entrances
Los Gatos has great examples of these three elements in many parts of town. But there are also areas, such as the
auto-oriented commercial stretch of Los Gatos Boulevard, that can be discouraging to foot traffic. So when we are
planning for a community that is “in keeping with the Town’s character” our focus is on the areas that are
welcoming to pedestrians.
Modest block sizes: if a neighborhood is organized with mega blocks, there are long stretches of streets unbroken
by intersections. Generally speaking this discourages pedestrians and favors vehicles. Small block sizes and
frequent intersections promote walkability and create a foot-friendly, welcoming atmosphere.
At the North 40, the modestly-sized blocks compare favorably to other pedestrian-oriented communities, both in
the block sizes and through the further introduction of pedestrian paseos that create attractive and convenient
access for residents and visitors. More frequent intersections also afford framed views of neighboring hills. In
planning practice, a key gauge of block sizes is the block’s lineal perimeter measurement. The North 40 parcels are
comparable to the range of Los Gatos block sizes present in nearby residential areas and in the district that
includes downtown.
Well-designed streets and sidewalks: the design of the streets and sidewalks must give pedestrians a feeling of
safety and enjoyment. Landscape (planting, street furniture, etc.) promotes a pleasing atmosphere, and parallel
parking that divides the pedestrian from vehicular traffic promotes a feeling of safety, as does the slowing of
vehicle speeds through traffic-calming measures such as curb bulb-outs at intersections, special paving, and
modest traffic lane widths.
In keeping with the Town character, the well-designed residential streets of the Lark District have slow traffic,
pleasant landscape, and opportunities for shade which all promote pedestrian activity. Similarly in the mixed-use
Transition District, slow traffic, shaded sidewalks, and a compact (not sprawling) area with establishments that
serve multiple, daily needs of North Los Gatans, promote pedestrian activity, and reduce dependency on the
automobile.
Frequent building entrances: sidewalks flanked by blank walls or parking lots discourage pedestrian traffic.
Conversely, frequent entrances, whether to residential or commercial uses, encourage foot traffic and feel inviting.
Los Gatos North 40 Narrative
February 2, 2016
Page 3 of 7
Similar to other areas of Los Gatos (and unlike much of the surrounding Silicon Valley), the North 40 has been
designed with building entrances lining the streets. In the Lark District, streets are lined with residential entrances
since garages are tucked behind. The streets of the Transition District are lined with neighborhood-serving
commercial establishments that will accommodate unmet needs for the northern part of Los Gatos, as well as
foster activity and the sense of “welcome” for which Los Gatos is known.
LANDSCAPE
The landscape palette for the North 40 integrates the Los Gatos agricultural heritage by incorporating a variety of
fruit bearing orchard trees in both formal and informal groupings at the perimeter and within the site. Vineyard
planting, a reference to more recent agricultural traditions, frames Los Gatos Boulevard and creates a welcoming
gateway for those entering the Town from the north. Within the site, buildings have been located to feature a
number of existing, mature live oak trees that will provide a direct link to the site’s past.
In the Transition District, shaded sidewalks and small plazas with attractive street furniture invite shops and cafes
to open up so residents and shoppers can enjoy the year-round, exceptional climate that affords Los Gatos its
relaxed lifestyle. Large, high canopy street trees are proposed to provide shade and frame views to the
surrounding hillsides. The local coast redwoods, which can be seen in the downtown, parks and surrounding hill
areas, will be used on the westerly perimeter as a buffer to the surrounding highways. In the heart of the district,
the specialty market will highlight local farm-to-table products, a theme that’s become a signature of Los Gatos
daily life. A plaza in front of the Market Hall with flexible seating, lounge type furniture, and small areas of lawn
will invite people to gather and linger, or enjoy food and drink procured at the Market Hall. An outdoor lounge
space adjacent to the restaurant along North A Street will feature an outdoor fire place and lounge seating under a
trellis of grape vines. A garden retreat at the rear of the restaurant and in front of the residences will create a lush
green buffer between the two uses, and will provide gathering and relaxation space for the nearby residents in a
shady garden setting. A working garden with kitchen gardens for the restaurants at the heart of the North 40
further reinforces the agricultural theme. This demonstration garden is yet another place to relax: featuring
outdoor seating under the shade of a trellis.
Similarly recalling the site and region’s agricultural past, the Lark District’s frontage features fruiting orchard trees
to frame the edges of Lark Avenue. Lark District’s planting palette includes a variety of familiar and locally
characteristic water-wise ornamental canopy shade trees and shrubs. Oak woodlands provide shade and respite,
and evoke a sense of place that’s consistent with Los Gatos’ parks. The central green creates an opportunities for
social interaction and outreach to surrounding Los Gatos neighborhoods. A series of inviting pedestrian paseos,
seating areas and intimate garden courts compliment park-like areas. The landscape design is intended to create a
seamless transition between the North 40 and established Los Gatos residential communities by continuing a
familiar plant palette and enhancing the pedestrian walkability to and from the surrounding community.
BUILDING DESIGN and MATERIALS
The Town has a wide variety of building types, established and new residential districts, historic buildings, strip
commercial development and important 21st century buildings. A sense of quality ties together this mixture of
architectural styles and uses that include residential, commercial, hospitality, civic and office, ranging in height
from one to four stories. There is more variety than uniformity, both in scale, mass and heights, which contribute
to the character-defining core of the Town.
Los Gatos North 40 Narrative
February 2, 2016
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While downtown there’s a mix of older and contemporary designs, such as the Cañada Building and Apple store,
portions of Los Gatos Boulevard feature strip commercial centers and larger establishments such as car
dealerships, box retailers and automotive repair shops. There are historic buildings like Forbes Mill and the classic
feel of the downtown. In contrast, the 21st century library stands as an attractive example of thoughtful
contemporary architecture and anchors the Town’s civic hub. The size and scale of the Beckwith Block is large
enough to frame East Main Street yet feel welcoming. The “look and feel of Los Gatos” incorporates a mix of
buildings and uses, just as the Town has a variety of distinct neighborhoods within its boundary, and this eclectic
blend is a part of the Town’s appeal.
The North 40 also has a variety of structures and uses reflecting the Town’s current profile. Each North 40 building
has a specific way in which it is “in keeping with the Town’s character”, while meeting today’s energy and
sustainability standards, and acknowledging that their period in history is the early 21st century. Maintaining the
high quality for which Los Gatos is known and following the Guiding Principles of the Specific Plan, the building
designs will create a place that feels genuine and that speaks “neighborhood” rather than “project”. From the
rustic earth tones of agricultural buildings and the elegant downtown storefronts to the crisp lines and pastels of
the new library, the North 40 draws upon diverse Los Gatos references. The buildings are meant to work together,
featuring a cluster of complementary and high-quality, but not identical styles. Each building makes reference to
elements found in Los Gatos while together the new neighborhood exemplifies “what it’s like to live in Los Gatos”
in its own unique way.
TRANSITION DISTRICT
The two buildings that face Los Gatos Boulevard make notable reference to the site’s and to Los Gatos’ agricultural
roots. They are not literal copies of historic structures, but are designed to be strongly evocative of the region’s
rural heritage. The Town has a kind of “rustic elegance”, one of the guiding principles for the North 40’s aesthetic
design, and these two buildings continue that tradition.
Building A2 – Retail:
This modestly sized retail building is designed to recall a small barn with simple form and pitched roof. The pattern
of wood walls with large, simple doors and windows makes reference to the generous square openings of old barn
doors. The eave at Los Gatos Boulevard has a low, single-story profile in line with the character of older and
smaller wood structures. Proposed materials reinforce the agricultural roots: weathered wood horizontal siding
(we will seek reclaimed sources), natural zinc standing seam roof, and dark metal window frames (that meet
today’s energy standards).
Building B2 – Dining:
Intended for use as a restaurant, this is the smallest free-standing building in Phase I and presents an even lower
eave to Los Gatos Boulevard. Its scale and form evoke imagery that is more farmhouse than barn. The extended
dining porch along Los Gatos Boulevard could be imagined as the (theoretical) family’s screened porch, when the
road was a cart path, re-vitalized as a 21st century dining terrace. The materials include natural wood vertical siding
and a stone accent wall that could be imagined as the remnants of a retaining wall that once framed the grade
change between the road and the yard. The standing seam metal roof will have a more widely spaced pattern than
the barn and have a neutral painted finish. An old farmhouse would probably have had three-tab composition
shingles or rusty corrugated metal. The intent is to bring the roof form into an appropriate current interpretation
that also suggests quality and longevity.
Los Gatos North 40 Narrative
February 2, 2016
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Together, Buildings A2 and B2 present a soft edge to Los Gatos Boulevard, providing an inviting suggestion of
historic farm structures. As we move away from Los Gatos Boulevard, the next two buildings, A1 and B1, take on a
different scale and character. The site slopes down into the heart of the neighborhood and the sense of activity
and presence grows.
Building A1 – Retail and 2nd Floor Residential:
This L-shaped retail and residential building has four architectural palettes. It has two stories, which well frames
Neighborhood Street, and also makes reference to the old notion of the proprietor living above the shop . The
blend of palettes and two-story arrangement promote the Los Gatos image of “small-town” while providing
flexibility for tenanting. The L form has two intermediate breezeways, natural points for pedestrian access from
parking in the rear, and for changes in design and material palettes. The size and scale of these elements is very
much in keeping with the look and size of many buildings in downtown Los Gatos.
The first eastern-most element appears stand-alone (connected only at the rear, upper level). The stone panel on
its east façade and paned window reflect prominent elements of Forbes Mill. Its roof ridge is turned perpendicular
to the Boulevard buildings reflecting the variety found in Los Gatos. The second-floor residential terraces
overlooking the neighborhood street add scale and 24/7 liveliness.
West of the breezeway is a brick-faced building with classical proportions and parapet roof. This building recalls
what might have been a modest mercantile structure that could have housed a general or hardware store. A
simple frame façade, with brick tones that evokes older commercial Los Gatos brick structures, is nearly identical in
scale to the Beckwith Block on East Main.
Turning the corner, the next element steps back a bit to provide more sidewalk space, an ideal spot for shops to
spill out with displays in fair weather. The material palette changes, and this element presents a slightly higher
parapet, to contrast with adjoining elements, reinforcing the notion that the building was built over time. Its
storefront is very simple since at this prominent corner location we anticipate that the tenant may design a quality,
custom window system. A residential terrace over the corner reinforces the activity and mix of uses in the
Transition District.
Even though each element of the L-shaped A1 Building has a unique palette, the ground floor internal space is
contiguous to create flexibility for retail tenants.
The southerly live-work element next to the second breezeway recalls a simple, barn-like, traditional form
interpreted with contemporary detailing: barn-scaled openings, paned windows, walls of board-formed textured
concrete (or materials that evoke the concept), and pitched standing-seam metal roof. It’s a small element with its
own identity, in keeping with the concept of unique, non-repetitive buildings that characterize both downtown
and the civic district on East Main Street.
Building B1 – Mixed use: Market, Affordable housing and Parking:
This building has three uses – the specialty market, two floors of affordable housing, and an internal four-level
parking garage (one floor is subterranean), which is wrapped and hidden by the other uses. This larger building,
like A1, has more than one architectural expression, but has good variation of height, as does the eclectic Los
Gatos downtown and civic district on East Main. As outlined in the Specific Plan, taller buildings within the North
Los Gatos North 40 Narrative
February 2, 2016
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40 site should be located toward the center where the site topography is significantly lower than the Los Gatos
Boulevard grade, not at the periphery, and the steps in massing of this building respect that guidance.
The easterly portion of the buildings toward Los Gatos Boulevard is one- and two-story and composed of three
elements. Each of the elements has a slightly different design and the sizes are very much in keeping with town
character relative to size and scale of Los Gatos’ smaller commercial spaces. The materials make reference to
agricultural buildings: weathered or recycled natural wood siding, and simple bold farm forms, but with a 21 st
century interpretation.
The portion of the building with two stories of affordable housing is set further back from Los Gatos Boulevard,
and most of the residential element faces the rear of the parcel or overlooks a podium courtyard deck. The roof of
the senior housing features a mix of gable and flat roofs, creating a sense of residential scale and proportion. The
colors are chosen from a forest and landscape palette of neutrals, grey-green, gold and browns making reference
to the hills that frame the Town.
Building C1 – Free-standing retail / restaurant:
Anchoring the visual axis of Neighborhood Street, this structure occupies a key location at the fulcrum of the plan.
Designed for dining and retail that can spill out onto the sidewalk, this building will provide both a focal point of
activity and visual accent at the core of the District. The natural timber-framed sun-shade creates depth and
richness on the façade, while the reverse shed roof anchors the view and helps define the heart of the mixed use
area. To provide connection between the commercial use and the mid-block garden beyond, the building features
windows on the rear side. The timber and wood siding materials complement the palettes on nearby buildings,
and are accented by a contrasting plaster element to continue the theme of a district that’s been built over time.
The Transition District structures will all have a sense of quality and a rich, complementary palette of materials that
embraces the “look and feel” of Los Gatos. The mixture of heights, from one to four stories, is compatible with the
existing range in the Town, and the variety of architectural styles reflects the local diversity of neighborhoods.
LARK DISTRICT
Garden Clusters:
The main point of connection between the Lark District and the existing residential community off of Highland
Oaks occurs along Lark Avenue, an area defined by a number of existing residences and small commercial
buildings. The Garden Clusters have been designed to keep this edge soft and welcoming by presenting a
pedestrian scale frontage that transitions the existing neighbors and users of the multi-modal path into the new
neighborhood. To encourage this scale and relationship with the surrounding homes, the Garden Clusters have
been designed with a strong but welcoming two story detached presence that steps up to three stories at the rear,
where carriage units are designed over tuck-under garages. Front doors line three sides of these buildings, further
enhancing the pedestrian connection to the existing neighborhood and providing residents’ access to the lushly
landscaped paseos that weave through the homes and connect to the Transition District.
Rowhomes:
Entering South ‘A’ Street from Lark Avenue, one is greeted by neighborhood streets lined with orchard trees
recalling the North 40’s and Los Gatos’ agricultural past. Behind the shade of these trees are the front entries and
patios of the Rowhomes. Garages are tucked behind these homes to minimize driveways dividing the streetscape
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February 2, 2016
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and to continue the pedestrian oriented paseos that begin at the Garden Clusters. Above the neighborhood
sidewalks are expansive terraces where residents can connect with those below as they enjoy the Los Gatos
weather. Like all the homes in the Lark District, which are geared towards the Millennial buyer, once you enter the
home from the terraces a media-based great room centered on as entertaining kitchen is revealed. The
“traditional” dining room is a thing of the past.
Courtyard Clusters:
The Courtyard Clusters continue the emphasis on creating a pedestrian-oriented community by designing each
building with a single driveway and shared auto-court. Since the garages are internal to the cluster, the perimeter
is highly articulated and lined with resident entries spilling into the surrounding streets, sidewalks and paseos The
building corners have significant two story elements, further enriching the facades. . As elsewhere in the Lark
District, frequent entrances to individual homes and stepped forms create the residential character that echoes
look and feel of Los Gatos. A unique home that spans the entryway to the auto-court acts to further remove the
garages visually from the streetscape.
Architectural Character:
As noted above, the existing fabric of Los Gatos is an eclectic blend of architectural styles ranging from rural and
traditional to clean-lined contemporary, that when taken as a whole can be described as “rustic elegance”. What
binds all of these unique styles together is the high quality of the architecture and materials. With this in mind, the
Lark District has been designed to reflect the culture and vibrancy of the younger generation of Los Gatos and the
surrounding Silicon Valley, and draw residents who desire a fresh, quality, and contemporary aesthetic. The
architectural character seeks to combine the concept of “rustic elegance” (the “look and feel of Los Gatos”) with
the desires of the Millennial buyer.
With this concept in mind, and the Specific Plan’s encouragement to reflect the agrarian heritage of the North 40
and Los Gatos, the architectural styles used in the Lark District combine the colors, materials, roof lines and
proportions of a historical agricultural heritage, while reducing the detailing of this style down to its roots. The
result is a neighborhood based in tradition with a contemporary and clean aesthetic.
The overall massing of the homes is simple with abundant deep eaves, awnings and terraces that create strong
shadow lines typical of barn structures. In keeping with the Valley’s agrarian roots, the material palette consists of
weathered and stained wood siding, corrugated metal siding and plaster, as well as metal bracing and bracketing
that are all painted in a consistent palette of warm earth tones.
path: Z:\09039 Los Gatos North Forty\3 REGULATORY\3.12 Planning Department\151012_Narrative\160202_N40 Design Narrative.docx
ADMINISTRATIVE DRAFT
NORTH 40 PHASE 1
ECONOMIC REPORT
Prepared for:
Grosvenor Americas
Prepared by:
Keyser Marston Associates
November 2015
TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................................................................... 1
NORTH 40 PHASE 1 ................................................................................................................. 5
DOWNTOWN CORE ................................................................................................................. 7
NORTH 40 PHASE 1 PROJECTED SALES .............................................................................10
TRADE AREA EXPENDITURE POTENTIAL ...........................................................................12
COMPARISON RETAIL ASSESSMENT ..................................................................................15
FOOD AND BEVERAGE ASSESSMENT .................................................................................17
MARKET HALL ASSESSMENT ...............................................................................................19
DOCUMENTS REFERENCED .................................................................................................20
APPENDIX ...............................................................................................................................21
FIGURES AND TABLES Figures Figure 1: North 40 Phase 1 Site Aerial ....................................................................................... 5 Figure 2: Location of Downtown Core in Relation to North 40 .................................................... 7 Figure 3: Downtown Los Gatos Sales (2014) and North Phase 1 40 Projected Sales (2020) ....11 Figure 4: Map of Residential Trade Area ...................................................................................12 Tables Table 1: Downtown Los Gatos Retail Sales- Select Categories (2014) ...................................... 8 Table 2: Estimated Gross Sales at North 40 Phase 1 Project (2020) ........................................10 Table 3: Downtown Los Gatos Sales (2014) and North Phase 1 40 Projected Sales (2020) .....10 Table 4: Trade Area Demographics in Comparison With Town, Standard Rings (2015) ............13 Table 5: Residential Trade Area Expenditure Potential through 2020 .......................................14 Table 6: North 40 Phase 1 Share of Comparison Retail Trade Area (2015-2020) .....................15 Table 7: North 40 Phase 1 Share of Food and Beverage Trade Area (2015-2020) ...................18 Appendix Tables and Figures
Table A- 1: Taxable to Gross Sales Conversion for Sales in Downtown Los Gatos ...................21 Table A- 2: Expenditure Potential of Workforce within 1 Mile of North 40 ..................................21 Figure A- 1: Grocery Stores Located Within 1 Mile of North 40 and Downtown .........................22
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EXECUTIVE SUMMARY
The Town of Los Gatos requires an economic report assessing the competitiveness of the North 40 Phase 1 (“Phase 1”) retail development program in relationship to the retail businesses in the Downtown Core. The purpose of the analysis is to evaluate if the Phase 1 retail will have an adverse impact on the retail environment in the Downtown Core.
Downtown Core
To create a framework in which to evaluate how the Phase 1 retail development program might impact the Downtown, Downtown Core businesses were grouped into three major categories. The purpose of the groupings was to provide a measure of Downtown Core sales to compare with the proposed Phase 1 retail and to allow for a discussion of the Downtown Core retail environment while protecting the confidentiality of individual businesses. As agreed upon with the Town, the groupings of retailers in the Core are:
Comparison goods retail (apparel, home furnishings, and other specialty retail)
Food and beverage
Grocery (including food and liquor stores)
Within the three groupings, the Downtown Core (“the Core”) is comprised of approximately 247 businesses. Taxable sales for businesses in the Core were provided by the Town’s sales tax consultant for each of the categories. Estimated 2014 gross sales (taxable and non-taxable) in the Core are:
Comparison goods retail:$96.9 million
Food and beverage:$76.9 million
Food and liquor stores:$10 to $15 million
Summary of Approach
The analysis evaluates if the anticipated Phase 1 sales can be achieved without having an adverse impact on sales of the existing Downtown Core businesses. KMA’s approach to the assignment included the following:
1.Downtown Core Sales: Review of 2014 sales in the Downtown Core provided on aconfidential basis
2.Projected Sales for Phase 1 Retail: Projected by three retail groupings provided byGrosvenor
3.Trade Area Identification: Defining the trade area for each of the retail groupings
4.Trade Area Expenditure Potential: Estimating expenditure potential using data providedby Census and state information
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5. Market Share Estimate for Phase 1 Retail: Estimating the market share of trade area expenditure potential that Phase 1 retail would achieve
6. Differentiation in Market Position between Phase 1 and the Downtown Core
North 40 Phase 1 Retail Development Program The Phase 1 retail development program is anticipated to be up to 66,000 square feet as of the writing of this report. The following is a summary of KMA’s findings and conclusions.
A. Comparison Goods Retail Phase 1 Comparison Retail
Anticipated to have up to 26,000 square feet
Anticipated tenants: apparel, shoes, home furnishings, and specialty shops
Estimated annual sales of approximately $15.6 M Downtown Core Comparison Retail
Achieved retail sales of approximately $96.9 million in 2014
Comprises 172 businesses offering a diversity of merchandise
Strong regional destination with high image retailers in a pedestrian oriented shopping district The Phase 1 residential trade area for comparison goods is strong for reasons including
Population Density: approximately 400,000 residents and nearly 150,000 households with excellent regional access via Hwy 85 and Hwy 17
Affluence: Median household income of $104,000 in the trade area overall, and $139,000 within the Town of Los Gatos
Expenditure Potential: Over $1.5 billion annual expenditure potential for comparison goods and the growth between 2015 and 2020 is estimated to be $164 M, including potential for visitors from beyond the trade area Conclusion
Phase 1 projected sales of $15.6 M can be achieved while only capturing a small share of the trade area expenditure potential
Downtown Core comparison goods retailers enjoy a unique retail environment with strong sales approaching $100 million; the high volume of economic activity, in combination with approximately $80 million in food and beverage sales, ensures the Core will continue to be a regional destination
Phase 1 comparison goods retail program can be achieved without having an adverse impact on the sales of the existing Downtown Core businesses.
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B. Food and Beverage Phase 1 Food and Beverage
Anticipated to have up to 20,000 square feet
Anticipated tenants: restaurants, cafes, and a wine bar or brewery
Estimated annual sales of approximately $15 M Downtown Core Food and Beverage
Achieves sales of approximately $76.9 million in 2014
Comprised of 62 establishments
Strong regional destination for food and beverage in a pedestrian oriented shopping district Phase 1 Trade Area for Food and Beverage
Employment within 1 mile supports an estimated $10 M in annual expenditure potential
Residential trade area expenditure potential growth between 2015 and 2020 is estimated to be $89.7 million Conclusion
Phase 1 projected sales of $15 M can be achieved while only capturing a small share of the trade area expenditure potential
Downtown Core food and beverage establishments achieve strong sales of almost $80 million
Phase 1 food and beverage retail program can be achieved without having an adverse impact on the sales of the existing Downtown Core businesses.
C. Grocery/Specialty Foods
Phase 1 Grocery/Specialty Foods
Anticipated to have up to 20,000 square feet
Anticipated tenants: Market Hall Grocer (anchor), envisioned as a collection of specialty and gourmet food vendors which may include meat and fish shops, produce markets, wine shops, florists, bakeries, and confectionary
Estimated annual sales of $15 million Downtown Core Grocery/Specialty Foods
Achieves taxable sales of approximately $7.7 M in 2014; estimated to be approximately $10 to $15 million in gross sales
Comprised of 13 stores: 3 wine shops/liquor stores and 10 convenience/ specialty
Wine shops and liquor stores account for over half of taxable sales
No existing sales in the Core for produce, fish and meat markets
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Downtown Core Trade Area for Grocery/Specialty Foods
Downtown Core specialty food offer is neighborhood-oriented and does not serve as a destination location for grocery/specialty foods
Neighborhood trade area within 1 mile of the Core supports annual food store expenditure potential of approximately $46 M versus $10 - $15 million in existing sales by Downtown Core businesses
Neighborhood trade area within 1 mile of the Core does not overlap with a similarly sized trade area around North 40 Conclusion
Phase 1 grocery/specialty foods retail program can be achieved without having an adverse impact on sales on the existing Downtown Core businesses
Downtown Core grocery/specialty food stores do not serve as a destination location for grocery/specialty foods
Tenant categories commonly associated with market hall grocers, including produce, meat and fish markets, are not found in the Core
Beyond the study area, Phase 1 grocery/specialty foods could enhance Los Gatos Boulevard position as a grocery destination and thus attract additional shoppers to Los Gatos.
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NORTH 40 PHASE 1
North 40 Phase 1 (“Phase 1”) is located in the North 40 Specific Plan Area adopted by the Los Gatos Town Council in June 2015. The specific plan area is an approximately 40 acre site within the Town at the intersection of Highway 85 and Highway 17. The area has been approved for commercial uses, including office, retail, and hotel, and housing. New commercial projects within the specific plan area must submit an Economic Impact Study to the Conceptual Development Advisory Committee evaluating the potential impact of the project on the economic competitiveness of the Downtown Core. The subject analysis is meant to fulfill this requirement for Phase 1.
Figure 1: North 40 Phase 1 Site Aerial
Source: Google Earth, Town of Los Gatos, Grosvenor Americas
The proposal for North 40 Phase 1 submitted by Grosvenor Americas, SummerHill Homes, and Eden Housing covers approximately 20 acres of the site (see boundaries above). Phase 1 is anticipated to include up to 66,000 square feet of retail. Currently, the site plan application allots 60,000 square feet for retail uses. At the direction of the applicant, KMA has assumed a 10% increase in the retail square footage to account for modifications to the development program that may occur prior to the project’s approval.
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The tentative distribution of the 66,000 square feet of retail space is as follows:
Up to 26,000 square feet for comparison retail
Up to 20,000 square feet for food and beverage
Up to 20,000 square feet for a market hall grocer The applicant provided KMA with a preliminary list of targeted tenant categories. According to this information, comparison retail space would consist of apparel, shoes, home furnishings, and other specialty stores (bicycle shop, book store, jeweler). A portion of comparison retail space may also be dedicated to personal and financial services (gym, bank, hair salon). Food and beverage retail would include a mixture of restaurant and related tenants such as cafes, brewery or wine venues. Finally, the 20,000 sq. ft. market hall is envisioned by the applicant as a cluster of specialty and gourmet food vendors with common customer seating. Similar markets have been developed elsewhere in the Bay Area including Oakland, Emeryville, San Francisco and San Jose. Typical market hall tenant categories include meat and fish shops, produce markets, wine shops, florists, bakeries, and confectionary, with tenants varying in size from 400 sq. ft. to 3,000 sq. ft.1
1 Based on KMA’s review of Rockdridge Market Hall retail program.
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DOWNTOWN CORE
The Town of Los Gatos contains several retail districts, including Downtown, Los Gatos Boulevard, and several neighborhood centers. Downtown has historically supported approximately half of total retail sales in the Town of Los Gatos (BAE 2013, 41). Downtown is further divided into Downtown North, the Blossom Hill/University district and the Downtown Core (“the Core”), where approximately three quarters of Downtown retailers are located (BAE 2013, 24). As agreed upon by the Town and the applicant, the subject analysis focuses specifically on the potential impacts of North 40 Phase 1 on the Downtown Core. The Core is located primarily along North Santa Cruz Avenue, East Main Street, and University Avenue, approximately 2 miles south of North 40 (see map). A historic, pedestrian-oriented, main street commercial district, the Core is comprised of approximately 160,000 square feet of restaurants and 350,000 square feet of specialty stores and personal services serving the Town and the region at-large, according to a 2014 estimate prepared for the Town Council (McLaughlin, 4).
Figure 2: Location of Downtown Core in Relation to North 40
Source: Google Earth, Town of Los Gatos, Grosvenor Americas
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To create a framework in which to evaluate how the Phase 1 retail development program might impact the Downtown Core, existing businesses in the Core were grouped into three major categories. The purpose of the groupings was to provide a measure of Downtown Core sales to compare with the proposed Phase 1 retail and to allow for a discussion of the Core retail environment while protecting the confidentiality of individual businesses. As agreed upon with the Town, the groupings of retailers in the Core are:
Comparison goods retail (apparel, home furnishings, and other specialty retail)
Food and beverage
Grocery (including food, wine and liquor stores) Within the three groupings, the Downtown Core is comprised of approximately 247 businesses, which generate approximately $181 million in annual taxable sales. Taxable sales were provided by the Town’s sales tax consultant for each of the categories. Sales by retail category are summarized in the table below.
Table 1: Retail Sales in the Downtown Core - Select Categories (2014)
Downtown Core
Total
Establishments
2014
Taxable
Sales 2014
Gross Sales
2014
Comparison Retail (1) 172 $96,942,000
$96,942,000
Food and Beverage 62 $76,878,200 $76,878,200
Grocery/Specialty Food (2) 13 $7,777,400 $12,962,400
Source: Town of Los Gatos 2015
Figures rounded (1) Includes apparel, home furnishings, electronics and appliance stores; miscellaneous stores; sporting goods, hobby, book, and music stores.
(2) Includes grocery stores, specialty food stores, and liquor/wine stores. Conversion to gross sales assumes 60% of category sales are taxable. See appendix table A-1. The above table demonstrates that the Downtown Core’s strengths are in the comparison retail and food and beverage categories, which together contribute more than 90% of sales in the selected categories. High volumes of comparison and food and beverage sales substantiate the common perception of the Downtown Core as a regional-serving retail destination. Approaching $100 million in sales, the comparison retail offer is comprised of destination retailers with a high image. Primary tenant types include clothing, jewelry, sportswear, and specialty gifts, many of which are local boutiques. Formula retail tenants include Anthropologie, Chico's, Gap/Banana Republic, J. Crew, Apple Store, Restoration Hardware, Sur La Table, and Williams Sonoma. The food and beverage offer in the Core is also significant, with close to $80 million in sales. The Core features a wide selection of restaurants, bars, and cafes, a number of which appear in surveys of the top dining establishments in the South Bay.
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In contrast with the above retail categories, the specialty food offered in the Downtown Core is limited. Estimated gross sales between $10 million and $15 million ($8 million taxable) are distributed across 13 establishments, including three wine shops/liquor stores and ten food/ convenience stores, with one-third to half of sales deriving from the wine/liquor shops. The foregoing sales figures indicate that the majority of demand for food products is being met outside the Downtown Core, even for residents living within 1 mile of the Downtown Core, where resident expenditure potential for grocery goods is estimated to be $46 million (ESRI Business Analyst 2015). As highlighted by the market and urban decay studies for the North 40 Specific Plan, there are no reported sales in the Core for meat, fish and produce markets, all of which are tenant categories targeted by the Phase 1 market hall (BAE 2011, 67). While the Downtown Core’s grocery and specialty food offer is limited, the prior market study indicates that on the whole, the Town of Los Gatos has a substantial surplus of grocery sales. Downtown Safeway is reported to be the closest supermarket to Monte Sereno and portions of Saratoga (BAE 2011, 67), and sales figures indicate that the cluster of grocery stores along Los Gatos Boulevard draws customers from far beyond the Town’s boundaries. For a map of grocery stores within 1 mile of the Downtown Core and North 40, see appendix Figure A-1.
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PROJECTED SALES FOR NORTH 40 PHASE 1
Projected Sales
KMA estimates that North 40 Phase 1 will achieve approximately $45.6 million in gross (taxable and non-taxable) annual sales by its build-out in 2020. Gross annual sales were calculated by applying estimates of sales per square foot for newly constructed space to the anticipated development program. Sales benchmarks are derived from a variety of public and confidential sources, including surveys of shopping centers published by the International Council of Shopping Centers, annual financial reports of representative tenants, and feedback from the applicant.
Table 2: Estimated Gross Sales at North 40 Phase 1 Project (2020)
North 40 Phase 1 at Build-Out (2020)
North 40 Phase 1
Estimated
Sq. Ft. (1)
Sales
Per Sq. Ft. (2)
Est. Gross
Annual Sales
Comparison Retail 26,000 $600 $15,600,000
Food and Beverage 20,000 $750 $15,000,000
Grocery/Specialty Foods (3) 20,000 $750 $15,000,000
Source: Grosvenor 2015, KMA 2015.
(1) Current development Phase 1 development program includes 60,000 sq ft of retail. At the direction of the applicant, the retail GLA was increased by 10% to account for any subsequent increase once the program is finalized. (2) Based on industry benchmarks for newly constructed space. (3) Includes both taxable and non-taxable sales.
Comparison with Downtown Core
Sales by category within Phase 1 are projected to be significantly less than existing sales in the Downtown Core for comparison and food and beverage categories, but greater than Downtown Core food stores, where the Downtown Core’s offer is more limited. Comparison goods sales in Phase 1 are projected to be $15.6 million versus $97 million in the Core. Food and beverage sales are projected to total $15 million by 2020 in Phase 1, compared to existing sales the Core of $77 million. On the other hand, grocery and specialty food store sales in Phase 1 are projected to be greater than existing sales for the same categories in the Core.
Table 3: Downtown Core Sales (2014) and North 40 Phase 1 Projected Sales (2020)
Downtown Core (1) North 40 Phase 1 (2)
Gross Sales 2014 2020-Projection
Comparison Retail $96,900,000 $15,600,000
Food and Beverage $76,900,000 $15,000,000
Food Stores $13,000,000 $15,000,000
(1) See Table 1. (2) See Table 2.
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Figure 3: Downtown Core Sales (2014) and North 40 Phase 1 Projected Sales (2020)
$97
$77
$13 $16 $15 $15
$-
$20
$40
$60
$80
$100
$120
Comparison
Retail
Food and
Beverage
Food Stores
Mi
l
l
i
o
n
s
Downtown Core
North 40 Phase 1
Source: Town of Los Gatos 2015, California Board of Equalization, Grosvenor 2015. Includes taxable and non-taxable sales.
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TRADE AREA EXPENDITURE POTENTIAL
Definition of Residential Trade Area The residential trade has been defined to encompass the project’s primary customer base for comparison and food and beverage categories upon full build-out of the Phase 1 retail program. KMA determined the residential retail trade area for the project in consideration of (a) the likely drawing-power of comparison and food and beverage retailers anticipated at the project, (b) regional access, and (c) the location and nature of existing and planned competition. The residential trade area is shown in the figure below. The trade area is primarily contained within a five mile radius of the subject site, and includes the communities of Los Gatos, Saratoga, Monte Sereno, Cambrian Park, Fruitdale, and Lexington Hills, as well as portions of San Jose and Cupertino. As illustrated below, the trade area extends beyond five miles along key transportation corridors including Highway 85, Highway 17, Route 9 and the Almaden Expressway, where superior access is likely to draw customers living farther from the project site.
Figure 4: Map of Residential Trade Area
Source: Google Maps
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Trade Area Demographics
As of 2015, the residential trade area contains a population of nearly 400,000. The trade area population is greater than the population living within five miles of the subject site, due to the modifications to the five-mile ring primarily along Highway 85, described above. While median household incomes of the residential trade area ($104,000) are below those of the Town of Los Gatos ($139,000), trade area incomes are higher than the county and region overall. Aggregate income of trade area residents is estimated to exceed $20 billion, of which the Town of Los Gatos contributes approximately 10%.
Table 4: Trade Area Demographics in Comparison With Town, Standard Rings (2015)
Town of
Los Gatos Rings from North 40
Residential
Trade Area (1)
3 miles 5 miles Population 30,301 132,192 342,647 396,120 HH 12,701 50,957 129,482 147,368 Median HH Income $138,557 $107,782 $101,792 $103,669 Per Capita Income $71,308 $54,647 $51,463 $51,660 Aggregate Income ($ million) $2,161 $7,224 $17,634 $20,464
Source: ESRI Business Analyst 2015
(1) Residential trade area consists of a modified 5-mile radius from the site, with the trade area extending along key transportation corridors including Highway 85, Highway 17, Route 9, and the Almaden Expressway. (See Figure 2.)
Expenditure Potential Over the next five years, the trade area is projected to grow by nearly 19,000 residents, while per capita income is projected to increase at 1% per year (in real terms), based on projections published by ESRI Business Analyst, a private demographic firm. Population and income growth in the trade area will add approximately $1.8 billion to aggregate income (Table 5). KMA calculated growth in the trade area expenditure potential for comparison and food and beverage retail categories between 2015 and 2020, when the project is anticipated to be built-out. The likely share of aggregate income to be spent on comparison and food and beverage categories was determined using data from the California Board of Equalization and the US Census. It is estimated that residents have the potential to spend 7.6% of their incomes on comparison retail and 4.9% on food and beverage. Applying these factors to growth in aggregate income, KMA estimates that comparison retail expenditure potential will increase by $139 million and food and beverage expenditure potential will increase by $90 million over the next five years (Table 5). This increment represents expenditure potential not currently captured by retailers in the Downtown Core or elsewhere in the residential trade area.
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Table 5: Residential Trade Area Expenditure Potential through 2020
Residential Trade Area (1) 2015 2020 Growth 2015-2020
I. Trade Area Demographics Trade Area Residents 396,120 414,832 18,712 Households 147,368 154,682 7,314 Per Capita Income $51,700 $53,800 $2,100
Aggregate Income (2) $20,479,404,000 $22,317,962,000 $1,838,558,000
II. Retail Expenditure PotentialComparison Retail 7.6% of income (3) $1,550,128,000 $1,689,292,000 $139,164,000 Food and Beverage 4.9% of income (3) $998,832,000 $1,088,503,000 $89,671,000
Source: ESRI Business Analyst 2015, California Board of Equalization (BOE) 2013
(1) Refer to Map of Trade Area. (2) 2020 income projections prepared by ESRI adjusted for inflation assuming 1.9% per year. (3) Share of aggregate income spent on goods within each category, based on a comparison of taxable sales reported by the California Board of Equalization (BOE) for the county and aggregate income reported by the US Census. Shares reflect gross sales.
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COMPARISON RETAIL ASSESSMENT
Expenditure Potential
Residential expenditure potential on comparison goods is projected to increase by $139 million between 2015 and 2020 (Table 5, above). The comparison retail category includes apparel, home furnishings, electronics and appliance stores, miscellaneous stores, and other specialty stores including sporting goods, hobby, book, and music stores. Assuming that 15% of trade area sales derive from visitors living beyond the trade area, total trade expenditure potential is estimated to increase by approximately $164 million over the next five years (Table 6).
Phase 1 Projected Sales and Capture Rate With up to 26,000 square feet of space dedicated to comparison retail, Phase 1 comparison retail sales are anticipated to be $15.6 M (Table 2). This level of sales would require a capture rate of approximately 10% of the growth in comparison goods expenditure potential, including trade area residents and visitors from beyond the trade area, and less than 1% of the total trade area comparison goods expenditure potential projected in 2020 (Table 6). In other words, projected sales in Phase 1 can be achieved without having an adverse impact on the sales of the existing Downtown Core businesses. Furthermore, by 2020, roughly $150 in comparison retail expenditure growth would remain available to support other shopping districts in the trade area, after accounting for Phase 1 sales at build-out.
Table 6: North 40 Phase 1 Share of Comparison Retail Trade Area (2015-2020)
North 40 Phase 1 - Comparison Retail 2015-2020
Est. Gross Annual Comparison Retail Sales at North 40 Phase 1 (1) $15,600,000
Comparison Retail Expenditure Potential Residential Trade Area Growth (2015-2020) (2) $139,164,000 Sales Inflow (3) 15% $24,555,000 Trade Area Expenditure Potential Including Visitors $163,700,000
North 40 Phase 1 Share of Comparison Retail Exp. Potential 10% (1) Table 2. (2) See Table 5. (3) Refers to sales to customers from outside the trade area.
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Comparison Retail Conclusions KMA concludes that 26,000 square feet of comparison retail at North 40 Phase 1 would have no impact on the Downtown Core:
The Downtown Core is a well-established, pedestrian friendly shopping district, which draws customers from a regional trade area,
Current Downtown Core sales volumes in comparison retail categories ($97 million) significantly exceed what is anticipated to be generated by North 40 Phase 1,
There is sufficient growth projected within the trade area to support comparison retail development in Phase 1 without having an adverse impact on the sales of existing Downtown Core businesses.
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FOOD AND BEVERAGE ASSESSMENT
Expenditure Potential
Residential expenditure potential on food and beverage is projected to increase by approximately $90 million between 2015 and 2020 (Table 5). Factoring in expenditure potential by visitors from beyond the trade area (assumed to comprise 15% of sales), trade area expenditure potential by residents and visitors is estimated to increase by approximately $106 million over the next five years.
In addition to trade area residents and visitors, the project is likely to draw customers from the sizable daytime population working near the project. More than 10,000 workers are employed within 1 mile of the project, anticipated to increase to approximately 12,000 by 2020. Major employers include Netflix, Roku, and Good Samaritan Hospital. Based on food and beverage spending patterns of office and clerical workers, KMA estimates that local workers have the potential to contribute an additional $10 M million in annual expenditure potential (see detailed analysis in appendix Table A-2), Including growth in resident and visitor expenditures, detailed above, combined trade area expenditure potential is estimated to be $116 million (Table 7).
Expenditure potential for workers is defined in terms of total expenditures, as opposed to growth, considering that North 40 is a more convenient destination than the Downtown Core for workers within the daytime trade area. Additionally, it unlikely that workers within one mile of North 40 represent a significant share of the approximately $80 million in existing sales for restaurants in the Downtown Core, given that the Core is two or more miles from most employers within the Phase 1 daytime trade area, and office workers, more so than residents, are likely to prioritize convenience in their dining choices.
Phase 1 Projected Sales and Capture Rate
Food and beverage sales are anticipated to reach $15 million upon build out of Phase 1, which includes 20,000 square feet of food and beverage uses (Table 2, above). This level of sales represents approximately 13% of the combined residential and worker trade area expenditure potential as defined above.
As with comparison retail, projected food and beverage sales at Phase 1 can be achieved without having an adverse impact on the sales of the existing Downtown Core businesses. Furthermore, by 2020, roughly $100 million in food and beverage expenditure potential within the trade area would remain available to support other shopping districts in the trade area, after accounting for new sales in Phase 1.
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Table 7: North 40 Phase 1 Share of Food and Beverage Trade Area (2015-2020)
North 40 Phase 1 - Food and Beverage 2015-2020
Estimated Gross Annual F&B Sales at North 40 Phase 1 (1) $15,000,000
Food and Beverage Exp. Potential Residential Trade Area Growth (2015-2020) (2) $89,671,000
Sales Inflow (3) 15% $15,825,000
$105,500,000
Office Employee Expenditure Potential (2020) (4) $10,271,000
$115,771,000
North 40 Phase 1 Share of F&B Expenditure Potential 13%
(1) Table 2. (2) See Table 5. (3) Refers to sales to customers from outside the trade area. (4) Accounts for expenditure potential from local office workers. See Table A-2.
Food and Beverage Conclusions
The Phase 1 food and beverage retail program can be achieved without having an adverse impact on sales on the existing Downtown Core businesses:
Downtown Core food and beverage establishments currently achieve strong sales of almost $80 million
Phase 1 projected sales of $15 M can be achieved while only capturing a small share of the trade area expenditure potential.
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MARKET HALL / GROCERY ASSESSMENT
Grocery is the only retail category in which sales at Phase 1 are projected to exceed the Downtown Core. Given the limited offer and neighborhood orientation of food stores in the Downtown Core, however, KMA has concluded that projected sales at the Phase 1 market hall can be achieved without having an adverse impact on sales of the existing Downtown Core. In large part, the Phase 1 market hall concept is not anticipated to be competitive with nor comparable to the specialty food store offer in the Downtown Core. The proposed market hall has the potential to bolster the Town’s position as a regional food destination by complementing existing supermarkets clustered along Los Gatos Boulevard.
Market Hall Conclusions
The Phase 1 grocery/specialty foods retail program can be achieved without having an adverse impact on sales on the existing Downtown Core businesses:
The Core’s food store offer is limited. The above analysis of Downtown Core salesdemonstrates that the Core’s strength lies in food and beverage and comparison retailcategories, whereas its specialty food store offer is limited. Many of the common markethall tenants, such as fish, meat and produce markets, are not found in the Core. Thenearest grocery store, Safeway, is located just outside the Core, while the majority ofgrocery stores in Town are clustered along Los Gatos Boulevard (see Appendix Fig. A-1).
The Core’s food store offer is neighborhood-oriented. The volume of sales at existingDowntown Core food stores suggests an orientation toward a neighborhood trade area.If defined traditionally as a 1 mile radius from each site, neighborhood trade areas of theDowntown Core and Phase 1 do not overlap; in other words, primary customer bases forneighborhood-serving food stores in the Core and Phase 1 are distinct. Moreover, mostof the $46 M in expenditure potential of residents living within 1 mile of the Core iscurrently spent outside the district.
Beyond the Downtown Core, an urban market could strengthen Los Gatos Boulevard’s position as a grocery destination and thus attract additional shoppers to Los Gatos. As highlighted in the market study and urban decay studies prepared for the North 40 Specific Plan, the lack of specialty food stores in Town represents “an opportunity to broaden the retailing mix and enhance the Town’s strong position in this category” (BAE 2011, 76). Grocery stores clustered along Los Gatos Boulevard are reported to draw from a regional customer base. By offering unique, specialty foods not found in traditional grocery stores, the market hall planned for Phase 1 can complement the existing supply, as is seen with similar market halls located elsewhere in the Bay Area. For example, Rockridge Market Hall in Oakland is located several blocks from a Trader Joe’s and within a half-mile of two Safeway supermarkets.
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DOCUMENTS REFERENCED The following technical reports previously prepared for the North 40 Specific Plan are referenced in this report: BAE Urban Economics. Market Study & Business Opportunities Assessment Town of Los Gatos. August 12, 2011. BAE Urban Economics. Urban Decay Analysis North 40 Specific Plan. November 20, 2013 McLaughlin, Ralph. Retail Resilience in Downtown Los Gatos: Potential Impact of Alternative North 40 Development Scenarios. 2014.
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APPENDIX
Table A- 1: Taxable to Gross Sales Conversion for Sales in the Downtown Core
Downtown Core Taxable Sales 2014 Conversion Factor(1) Gross Sales
Comparison Retail $96,941,974 100% $96,941,974
Food and Beverage $76,878,230 100% $76,878,230
Grocery/Specialty Food (2) $7,777,431 60% $12,962,385
Source: Town of Los Gatos 2015, KMA 2015, California Board of Equalization 2012, US Business Census 2012 (1) Based on a comparison of taxable sales reported by the Board of Equalization for Santa Clara County and corresponding gross sales reported by the US Census.
(2) Sales factor determined based on weighted average of specialty food and beer/ wine/ liquor store factors.
Table A- 2: Expenditure Potential of Workforce within 1 Mile of North 40 Food and Beverage Expenditure Potential
Workforce Within 1 Mi. of North 40 2015 Estimate (1)2020 Projection (1)
Total Workers, 1 mile from site 10,710 12,190 Bachelor's or Higher 4,859 6,269 Remaining Workers 5,851 5,921
Commute Adjustment (2) @ 12% 9,425 10,727 Bachelor's or Higher 4,276 5,517 Remaining Workers 5,149 5,210
Per Capita Food & Beverage Spending (3)
Bachelor's Or Higher $1,250 $1,380 Remaining Workers $460 $510
Expenditure Potential by Nearby Workers Food and Beverage $7,714,000 $10,271,000
Source: US Census, ICSC
(1) Estimates and projections based on 2013 data reported by Census adjusted using historical 2002-2013 growth rate. 2020 projection also incorporates estimate of expected growth at Netflix and Roku campuses. (2) Based on share of local workforce living in communities contained by the trade area (US Census). (3) Based on employee food and beverage spending in the vicinity of the office, as reported in the ICSC report, "Office-Worker Retail Spending in a Digital Age" (2012), for suburban workers. It has been assumed that employees with less than a bachelor's degree will spend in the same range as clerical office workers.
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Figure A- 1: Grocery Stores Located Within 1 Mile of North 40 and Downtown Core
[A] Trader Joe’s
[B] Nob Hill Foods
[C] Whole Foods Market
[D] Lunardi’s
[E] Safeway
Source: Google Earth, Database USA 2015
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408) 354-6874
SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMITTEE OF THE T OWN OF LOS GATOS FOR
O CTOBER 14, 2015, HELD IN TH E TOWN COUNCIL CHAMBERS, CIVIC CENTER, 1I0
EAST MAIN STREET, LOS GATOS, CALIFORNIA .
The meeting was called to order at 4:30 P.M.
ATTENDANCE
Members Present:
Barbara Spector
Marcia Jensen
Kendra Burch
Mary Badame
Thomas O 'Donnell
Absences:
Recused herself on item 2
Recused herself on items 2 and 3
Staff Present: Joel Paulson, Planning Manager
Marni Moseley, Associate Planner
Applicant: Dan Rosenbaum, Nearon Enterprises (Item 2)
Jim Fulton, Arctec Inc. (Item 2)
Don Capobres, Gosvenor (Item 3)
Wendi Baker, Summerhill Homes (Item 3)
Andrea Osgood , Eden Homes (Item 3)
ITEM J : Approval of Minutes-None
ITEM 2 : 475 and 485 Alberto Way
Conceptual Development Advisory Committee CD-I 5-003
Requesting review of conceptual plans to merge two residentially (R-1 :2 0) zoned
properties with an existing O:PD, to demolish two existing residences and construct a
new two story office building with additional parking and to modify the existing
Planned Development Ordinance to permit medical office uses. APNs 529-21-039,
042, 043 , 044.
PROPERTY OWNER/APPLIC ANT: Alberto Way Holdings LLC
PROJECT PLANNER: Marni Moseley
The applicant team presented their proposal.
CDAC C o mments and Questions:
This list is a high level summaJy of th e issues raised and responses (in italics) provided by the
applicant.
EXHIBIT 1 0
Use
• Why medical office? It would allow additional options for tenants and expand the potential
rental pool for the site.
• The EIR completed for the General Plan concluded that there was no need for additional
medical office, whereas there is still a need for general office space.
Traffic
• The traffic study will need to be updated to include current data, the data used does not
account for existing and pending projects in the vicinity. The traffic study will be updated lf
a project is pursued.
• The traffic flow and issues have changed significantly in recent years and they impact the
Highway 9 and Highway 17 interchange differently now.
• The roadway is narrow and windy, additional traffic on this road is a concern.
• Concerned about cumulative traffic issues in the vicinity.
• A lunch hour shuttle to the downtown could reduce unnecessary trips.
Heard out of order
ITEM 3: Phase 1 North Forty Specific Plan Area
Conceptual Development Advisory Committee CD-15-005
Requesting review of conceptual plans to implement Phase 1 of the North 40 Specific
Plan. APNs: 424-07-024 through-027, -031 through-033, -035, -070, -83 through-086, -
090, and -100.
PROPERTY OWNERS : Grosvenor USA Limited, Swnmerhill N40 LLC,
Thomas Yuki, Elizabeth Dodson, and William Hirschman
APPLICANT: Grosvenor USA Limited
PROJECT PLANNER: Marni Moseley
The applicant team presented their proposal .
CDAC Comments and Questions:
This list is a high level summary of the issues raised and responses (in italics) provided by the
applicant.
• How do the senior housing units comply with the Town's BMP Ordinance. The application
includes a BMP program that shows how the units. comply with the Ordinance and the needs
of the Town and the areas where it does not (e.g. clustering of units, rental vs. ownership,
and comparability). Additionally, the units will be integrated similarly and connected to the
same public amenities ~s the market rate units.
• Will the proposed orchards retain any of the existing orchard trees. Several of the
Committee members expressed disappointment that the existing orchard trees would not be
integrated into the new plan. The intended integration of the orchard into the project
requires a mix of working orchard trees that can be harvested by the community. The
existing walnut trees would not be suitable for this intended use.
• How will the market hall vision be implemented, and will these uses survive the market?
There are several ways to accomplish this type of use, the first being a single owner operator
and the second being a site manager with individual tenant spaces. Eith er could work and
this will be refined as it gets closer to completion. This type o_f us e has proven to be ve1y
successful in other locations.
o Where will the dog park be located? Along the western border of the site.
o How will the multimodal circulation work? Th e plans include several bike and multimodal
paths that run separately but also integrate with the vehicular and pedestrian network.for th e
site.
ADJOURNMENT Meeting adjourned at 5:55 p.m. The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, November
11, 2015
Prepared by:
anner
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TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408) 354-6874
SUMMARY OF DISCUSSION OF A SPECIAL MEETING OF THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR
NOVEMBER 11, 2015, HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110
EAST MAIN STREET, LOS GATOS, CALIFORNIA.
The meeting was called to order at 4 :00 P .M .
ATTENDANCE
Members Present: Absences:
Barbara Spector
Marcia Jensen
Mary Badame
Thomas O'Donnell
Kendra Burch
Staff Present: Joel Paulson, Planning Manager
Marni Moseley, Associate Planner
Applicants: Tony Jeans (Item 2)
Don Capobres, Grosvenor (Item 3)
Wendi Baker, Summerhill Homes (Item 3)
Andrea Osgood, Eden Homes (Item 3)
Tim Kelley, Keyser Marston (Item 3)
ITEM 1: Approval of Minutes
11 September 9, 2015
e October 14, 2015
Tom 0 'Donnell moved to approve the September 9 and October J 4, 2015 minutes. The motion
was seconded by Barbara Spector and approved unanimously.
ITEM 2 :
Comments:
17076 Summit Way
Conceptual Development Advisory Committee CD-15-004
Requesting review of conceptual plans regarding access to an existing lot zoned R-
I :20 APN 424-30-088.
PROPERTY OWNER: James Sullivan
APPLICANT: Tony Jeans
PROJECT PLANNER : Marni Moseley
o The clear short term solution is the Summit Way approach .
CDAC Agenda
November 11 , 2015
Page 3
• The Summit Way approach saves trees , reduces grading, and is more in keeping with the
scale and character of the neighborhood.
• When looking at this single lot only, not what could potentially happen on adjacent Jots in
the future, the Summit Way approach is more appropriate given the Town's Standards
and Guidelines.
• If development is proposed in the future on the adjacent lot, the issues of that application
will be addressed based on that proposal.
• Would prefer the driveway be maintained as part of the property rather than an easement
over the adjacent property.
ITEM 3 :
Comments:
Phase I North Forty Specific Plan Area
Conceptual Development Advisory Committee CD-15-005
Requesting review of conceptual plans and an economic study for Phase l of the
North 40 Specific Plan. APNs: 424--07-024 through-027, -031 through -033 , -035, -
070, -83 through -086, -090, and -100.
PROPERTY OWNERS : Grosvenor USA Limited, Summerhill N40 LLC ,
Thomas Yuki, Elizabeth Dodson, and William Hirschman
APPLICANT: Grosvenor USA Limited
PROJECT PLANNER : Marni Moseley
• It 's unclear how th e conclusions in the market analysis report were reached.
• There's a concern how the analysis would be affected if the market hall concept is not
utilized .
• The report is helpful even with the knowledge that retail as a use is changing.
• The analysis seems very subjective.
• No additional analysis needs to be provided unless there are changes to the proposed
commercial elements that the current analysis does not cover.
• The General Plan and Housing Element support removing obstacles to providing below
market housing particularly at lower income categories.
• While the Eden Housing model is desirable and provides an unmet need in Town it would
be ni ce to see some traditional BMP units as well.
CDAC Agenda
November I 1, 2015
Page 3
ADJOURNMENT Meeting adjourned at 5 :45 p .m . The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, December
9, 2015
Prepared by:
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GROSVE NOR
Mr. Joel Paulson
Town of Los Gatos Planning Department
110 E. Main St.
Los Gatos, California 95031
Dear Joel:
~
EDEN SUMtv\ERH I LL HOMES -
H OUSI N G COMMU N I T l £5 or ()ISTINCTION
October 21 , 2015
We appreciate the feedback that CDAC provided on October 141h . Unfortunately, due to time
constraints we were not able to have discussion on all of the issues that the Committee raised.
With that, we look forward to continu ing the dialogue at the upcoming CDAC meeting . Members
of the Committee specifically raised the following issues for future discussion :
• The on-and off-s ite North 40 multimodal opportunities (see attached); and
• The relocation of the existing walnut trees or the planting of new walnut trees in the 30'
agrarian setback a long Lark .
In addition we are hopeful to be able to distribute the Economic Impact Analysis at the next
meeting based on the scope that we vetted with the Committee on October 14 th. Unfortunately,
it is not ready for distribution in the CDAC packet at this time.
Finally , there was significant discussion about our proposal on how t o comply with the Town 's
BMP ordinance. Our attorney, Barbara Kautz, has prepared a separate letter regarding our
proposal , which we request be distributed to the CDAC members.
Thank you, and we loo k forward to the November 11 th CDAC meeting.
S incerely,
a~-
A . Don Capobres
Senior Vice President
Grosvenor
Linda Mandolin i
President
Eden Housing
Wendi Bake r
Vice President of Development
SummerHill Homes
.EXHlBIT 1 1
goldfarb
lipman
attorn e ys
M Davi d Kroot
Lynn Hutchins
Koren M . Tiedemann
Thomes H . Webber
D ionne Jackson Mclean
Michelle D . Brewer
Jennifer K. Bell
Robert C. M i lls
Isobel L. Brown
James T. Diamond, Jr.
Margaret F. Jung
Heather J . Gould
William F. DiCamillo
Amy DeVoudreuil
Barbaro E. Koutz
Erica Wi lliams Orcharton
Luis A . Rodriguez
Rofoel Yoquian
Celia W. Lee
Dolores Bastion Dalton
Joshua J . Meson
Vincent l . Brown
Hana A. Hardy
Caroline Nasello
Eric S. Ph i llips
Elizabeth Klueck
Son Francisco
415 788-6336
Los Angeles
213 627 -6336
San Diego
619 239-6336
Goldfarb & Lipman LLP
1300 Cloy Street, El eventh floor
Oakland, Co l 1forn10 94612
51 0 836-6336
October 21, 2015
Laurel Prevetti, Town Manager
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: Proposed Below Market Price Housing Pro2!'am-North Forty
Dear Town Manager Prevetti:
Via e-mail
This letter is written on behalf of Grosvenor Americas in relation to its application for
approval of a mixed-use development in the North Forty Specific Plan area containing
320 units (237 units allowed under the Specific Plan plus a density bonus of 83 units),
and in particular, in relation to its proposed plan for compliance with the Below Market
Price Housing Program (the "BMP Program") adopted by the Town of Los Gatos (the
"Town").
Attached is a revised BMP proposal clarifying the development team's proposed program
ofBMP units and requested modifications to the BMP Program.
Most importantly, under a provision of State housing element law, the Town cannot
require that Grosvenor provide for-sale BMP units rather than rental BMP units. Rather,
Government Code Section 65589.8 provides that if a local government adopts a
requirement in its housing element that developments contain a percentage of affordable
units, as Los Gatos has done, the local government shall permit a developer to satisfy that
requirement by constructing rental housing at affordable monthly rents. This is precisely
what is being proposed by the development team: The Town requires that new
developments contain a percentage of affordable units, and the developer proposes to
satisfy the Town's BMP requirements by constructing rental housing at affordable
monthly rents. Consequently, the Town must allow the proposed rental affordable units
to replace for-sale affordable units .
The proposed senior rental affordable housing provides 25 percent more affordable units
(50 units rather than 40) at deeper affordability levels than required by the BMP Program,
as shown in the table below and further described in the attached description of the BMP
Program. It is not financially feasible for the development team to provide both the
proposed senior affordable housing and additional affordable for-sale affordable housing.
In a project conforming strictly to the BMP program, the senior affordable housing would
be replaced with market-rate rental housing, and the affordable housing would consist of
1588\03\ 1776409.1
North 40 -Proposed BMP Plan
(Revised October 21, 2015)
The Town 's Below Market Price (BMP) Program promotes the development of affordable
housing units by providing standards and guidelines that require the creation of a certain number
of affordable units in a development project.
For the proposed North 40 development application, the development team has proposed the
following housing program:
• Ownership townhomes/garden cluster/courtyard condominiums.: 253 (SummerHill)
• Ownership garden cluster: 7 (Hirschman)
• Live/Work Condominiums: 2 (Grosvenor)
Rental Apartments: 8 (Grosvenor)
• Affordable rental apartments for seniors: 50 (Eden)
As described in our letter of October 14, 2015 requesting the density bonus allowed by state law,
the above numbers include the baseline number of units (237) plus the additional 35% density
bonus units (83), for a total proposed program of 320 residential units . The Town's BMP
program requirements are calculated using the baseline count (237), Jess the BMP units.
The affordable rental senior apartments are being proposed to satisfy the Town 's BMP program
and will offer amenity-rich, high-quality apartment homes for seniors making up to 50% of the
area median income (very low income). The proposal helps to achieve many goals and policies
contained in the Town's General Plan; the 2015-2023 Housing Element; and the North Forty
·Specific Plan:
General Plan Policy LU-11.4 [North Forty/: Provide for a variety of residential housing
types, both rental and owner-occupied. A minimum of 20 percent of the units shall be
qffordable to households at the moderate income level or below.
Housing Element Goal HOU-1: Expand the choice of housing opportunities for all
economic segments <?f the community by supporting the development of affordable
housing in a variety of types and sizes, including a mixture of ownership and rental
housing.
Housing Element Goal HOU-5: Retain and expand qffordable housing opportunities for
seniors.
Housing Element Policy HOU-6.4: Support the provision of permanent, affordable, and
accessible housing that allows persons with special needs to live independent
liv es ... "[P}ersons with special needs " include extremely low income households [and}
the elderly ...
between 80% and 100% of the area median income (AMI) and low income households (those
earning between 50% and 80% AMI). Half of the for-sale BMP units are required at least to
be affordable to low income households and the other half to median income households .
The rental units must at least be affordable to low income households. Given these
requirements, the 40 proposed BMP units would roughly be distributed as follows:
• BMP Affordability as Required
Very Low Low Income Median Income Total
Income
For-sale units 0 16 15 31
Rental units 9 9
TOTAL 25 15 40
What is Being Proposed
The development team is proposing a SO unit project consisting of forty-nine ( 49) one-
bedroom units for very low income seniors and one ( 1) two-bedroom median income
managers unit. Because Eden's development will be able to leverage additional fmancing for
a stand-alone affordable housing building, more affordable units will be provided than are
required, and the un its will be more deeply affordable than is required, as follows :
• BMP Affordability as Proposed
Very Low Low Median Total
Income Income Income
Rental units 49 0 1 50
While the final income targeting will depend on the financing secured, the unit mix of a 9%
tax credit development would be roughly as follows:
Extremely Low Income Units @ 30% AMI
10
Very Low Income Units @ 45% AMI
9
Very Low Income Units @ 50% AMl
30
Median Income U nit @ 80% AMI (Manager's 1
Unit)
3
The affordable housing program will be most successful if fifty units are built, due to
economies of scale and more successful management of a building of this size. Because
Phase I is not proposing to construct all of the 270 baseline unit s but is proposing this surplus
of BMP units, we request that these additional 10 units count towards any future residential
development 's BMP requirements on the remainder of the North 40 properties.
The affordable component will help meet the needs of low income seniors in Los Gatos with
safe, attractive, and affordable homes and on-site services that will help these individuals
thrive.
The project will include high quality amenities available in all Eden developments including
a community room, a computer center and library, and landscaped courtyards and furnished
lobbies for casual social interaction. The architecture and interiors will be designed in such a
way to provide a stimulating, spacious, and inviting environment for the seniors as the y age
in place. Eden's service provider and affiliate, Eden Housing Resident Services, lnc., will
offer resident activities and programs specifically designed for seniors.
Proposed Modifications to the BMP Program Guidelines
The development team is requesting modifications to the BMP Program Guidelines regarding
the following specific requirements:
• Type of Units, Rental vs For-Sale: The BMP Program requires that the "BMP
units within a project that contains both rental and owner-occupied units shall also
be designated as both rental and as units for purchase, in a ratio si milar to that of
the market-rate units ." The development team is proposing that the affordable
units consist of rental housing rather than a mix of for-sale units and rentals.
Justification: The Town's requirement that BMP units in for-sale projects mu st
also be for-sale units is inconsistent with the housing element statute. State law
requires that the Town permit a developer to satisfy its inclusionary requirements
by constructing rental housing at affordable monthly rents. (Gov't Code Section
65589 .8.) The development team is therefore entitled to use the proposed rental
affordable units to satisfy the BMP Program's requirement that 20 percent of units
be affordable.
In addition, a requirement that the senior affordable units be for-sale units would
make the project infeasible because of its proposed tax credit financing , which
will not fund for-sale units. State law does not allow a condition to be imposed
that renders a project infeasible because of its method of financing . (Gov't Code
Sections 65008(b)(2), (b)(3).)
• Location of Units: The BMP Program requires that the "BMP units shall be
dispersed throughout the development, to the extent .feasible, in all buildings, on
each floor, and in each project phase." (emphasis added) In th is case, the
4
development team is proposing a single affordable senior housing component
which is localed on the air rights above the Market Hall.
As discussed in detail in our density bonus application, housing designated for
seniors must be contained in a structure separated from all-ages hous ing . This
makes it infeasible to disperse the housing throughout the development in all
buildings and on each floor. A centralized location is key to the proposed
financing and Eden's ability to serve very low income seniors and to provide on-
site supportive services.
• Size of Units: The :SMP Program requires that the "size and design of BMP
dwelling units shall be reasonably consistent with the market rate unit s in the
project." (emphasis added)
Because the proposed BMP units are designated for seniors, they are necessarily
smaller than the market-rate units ; it would not be reasonable to expect seniors to
maintain units as large as the market -rate units, nor could units so large be
affordable to very low income households. The exterior design, however, as
discussed below, is fully consistent with and integrated into the design of the
project as a whole and the Market Hall, in particular .
Items Consistent with BMP Program Guidelines
• Building Exterior: The BMP Program requires that there "shall not be significant
identifiable differences between the BMP and market-rate units visible from the
exterior" and the "external appearance of BMP units should be indiscernible to
that of the market rate units in the project." The affordable senior housing will be
a part of the Market Hall , will not be identifiable as an affordable development,
and will have high quality architecture consistent with the rest of the development
and the other rental units in the development. Eden and Grosvenor are using the
same architect and contractor to design and build this building. The affordable
housing will not be distinguishable as affordable housing merely by architectural
treatments. As part of the separate Market Hall building, it will have its own style
in order to create visual interest and texture to the neighborhood.
• Interior Finishes: The BMP Program requires that the "internal finish of BMP
units should be identical to that of the market rate units in the project, except that
the developer may request Town approval of substitutions for luxury interior
finishes , appliances, or fixtures , if such substitutions do not violate any Town
code requirement." Eden will have its own interior finish schedule based on its
preferred specifications and will request Town approval of the finishes. These
materials and appliances will meet all local, state and funding requirements.
• Project Facilities: The Program requires that "all project facilities and amenities,
including parking, must be available on the same basis to the BMP units as to the
market rate units in the project, to th e extent feasible." (emphasis added) As
proposed, and as required by State law, the affordable housing will have its own
5
facilities and amenities -many of which will be above and beyond what is
provided in the market-rate components. For example, the affordable senior
community will include the following amenities: a community room, a computer
center and a library or exercise room. Addi t ional fees will not be charged for
parkin g, as with the market rate units. Residents of the senior housing w111 have
the same access to the walks and parks on t.he site as other residents .
Major Benefits of the Proposed BMP Program
• Deeper affordability.
Proceeding with the development as proposed will allow the development team to
provide up to 49 units targeted to extremely low and very low in come seniors, and
will enable the Town to show production of these units in the Re gional Housing
Needs Allocation (RHNA) process and its Annual Reports on Housing E lement
progress.
As shown in the Town's recent history of affordable housing development, units
at these affordability levels are the hardest to produce . The Eden affordable senior
component will provide 49 units targeted to very low income and extremely low
income seniors, along with one median income managers unit.
Amenity-rich and service-enhanced housing for low income seniors.
In addition to making deeper affordability financially feasib le , providing all of the
affordable units in one central building allows Eden to provide supportive
services on-site . These services provide wrap-around services that help lower
income residents thrive -and are not available in typical disbursed BMP units.
For this development, Eden Housing Resident Services, Inc. (EHRSI) will
provide resident services programming, ranging from in formation and referrals
via regularly updated resident services guides to comprehensive programming.
EHRSI's resident services staff is available to offer important information and
referral services and t o develop key partnerships in our communities. EHRSI
works one-on-one with residents, coordinates a nd fac ili tates gro up educational
programming, develops community building activi tie s, and brings in outside
speakers to present on topics of relevance and interest to our residents.
Eden has extensive experience working with a senior population. The primary
goal of our senior resident services is to allow our seniors to 'age in place' and
live independently in a dignified , healthy and productive way. To meet thi s goal,
we provide a range of programming tailored to each individuaJ resident. The
overall intention of services programming for our senior and special needs
residents is to :
Reduce isolation by providing on-site programs and encouraging resident-
led programs
6
•
•
•
Provide residents with access to resources via information and referral
Provide programming. designed to enhance the quality of life of our
residents
Address health and wellnes s issues faced by our diverse communities
including depression , physical fitness, assistive technology , nutrition/diet
and personal safety
Monitor the ability of our residents to continue to live independentl y and
safely in our housing community
Build strong communities by facilitating community events, collaborating
with resident associations and encouraging volunteerism in the community
(internally/externally)
As a testament to our ability to provide housing and services allowing our
residents to age in place successfully , nearly one quarter of our residents in senior
developments are over the age of 80 -with three residents over I 00 .
• High quality design
Eden is recognized in the industry for its creative development approach that
includes collaborating with local governments and development partners to create
well-designed properties that meet the needs of the residents and tailoring projects
to suit the locale. In the recent past, Eden has completed entitlements for projects
in Palo Alto, Lafayette, Dublin, Novato, Orinda, and Fremont --all of which
required excellent design as well as the development and execution of thoughtful
and comprehensive community outreach strategies.
In addition, Eden places a high value on design through the work of taJented
designers, builders and other professionals and is committed to crafting high-
quality developments that give careful attention to the needs of residents and the
surrounding neighborhood. Indeed, Eden has won more than 60 awards for its
work , including the recent recognition of Foss Creek Court in Healdsburg , which
in 2 011 has received the prestigious national Charles L. Edson Award for Tax
Credit Excellence, a Gold Nugget Award of Merit from the Pacific Coast
Builders' Conference, and won the Affordable Housing Finance Magazine
Readers' Choice Award for the best Rural project in the country.
Eden will bring this same commitment to excellence, along with the rest of the
development team to deliver a high-quality, vibrant neighborhood that offers a
variety of housing types and sizes for a range of incomes -all of which will be
places that people are excited and proud to call home.
7
8
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TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6872
SUMMARY MINUTES OF REGULAR MEETING OF THE H I STORIC PRESERVATION
COMMITTEE OF THE TOWN OF LOS GATOS FOR JANUARY 27, 2016 HELD IN THE
TOWN COUNCIL CHAMBERS, 110 E MAIN STREET, LOS GATOS, CALIFORNIA.
The meeting was called to order at 4:00 P.M. by Chair Bob Cowan.
ATTENDANCE
Members Present: Len Pacheco, Bob Cowan, Kathryn Janoff, Michael Kane, Tom O'Donnell
Members Absent: None
Staff Present: Joel Paulson, Interim C OD Director
Marni Moseley, Associate Planner
VERBAL COMMUNICATIONS
None.
ITEM 1 APPROVAL OF MINUTES
MOTION: To m 0 'Donnell moved to approve the m inutes of December 9, 2015 . The motion
was seconded by Michael Kane and approved 5-0.
I TEM 8 256 Bachman Avenue (Heard out of order)
Historic Architecture and Site Application HS-16-005
Requesting approval of exterior modifications for a contributing single-family
residence in the Almond Grove Historic District on property zoned R-1 D :LHP.
APN 510-14-057.
PROPERTY OWNER/APPLICANT: Genevieve and Mitchell Wyman
PROJECT PLANNER: Marni Moseley
MOTION: L en Pachec o moved to approve I) res toring the original door and location; 2) to
configure the upper story window with consistent vertical proportions subject to
staff review ; 3) restoring the multiple light windows on the rear addition; and 4)
the fixed skylight with a flat surface, where the finish shall match the roof color as
be st as possible and the sky li ght shall be no larger than l 8"x36 .. , but smaller if
possible. The motion was seconded by Michael Kane and approved 4-0-1, with
Bob Cowan recused.
.EXHIBIT l 2.
Historic Preservation Committee
January 27, 2016
Page 2o.f5
ITEM2 North Forty -Phase 1
Architecture and Site Application S-13-090
Subdivision Application M-13-014
Requesting approval for the demolition of existing structures (eight pre-1941) and
improvements on multiple parcels located on 20.24 acres within the proposed
North Forty Specific Plan Area; construction of a new multi-use, multi-story
development consisting of 285 residential units , and 66,000 square feet of
commercial floor area including an 18,000 square foot market; and a vesting
tentative map . An Environmental Impact Report (EIR) was completed for the
North Forty Specific Plan and further environmental review will be completed as
needed, for the proposed project. APNs: 424-07-024 through 027 , 031 through
033 through 035, 070, 083 through 086, 090, and I 00
APPLICANT: Grosvenor USA Limited
PROPERTY OWNERS: Thomas M . Yuki Trust Et. Al.Nuki Fanns, Robert &
Georgianna Spinazze, Marianne Ezell, Grosvenor USA Limited, Summerhill
Homes, James F Dagostino Trustee, Elizabeth K. Dodson, William N. Fales,
William Hirshman
Don Capbres, the applicant, discussed the history of the project, as well as, the
timelines for Phase 1 and Phase 2.
The committee discussed the removal of the tress and if there were any possible
uses if they were kept. The Committee reviewed the agrarian feel of te proposed
plans and detennined that the agrarian history is effectively integrated in Phase 1.
Additiona11y, retention of the Barn and the Adobe House on Phase 2 were
discussed in the context of commemorating the agrarian history of the property as
required in the Specific Plan.
Kathryn Janoff was unclear which structures specifically were being requested to
be demolished.
MOTION: Tom 0 'Donnell moved to approve the demolition of the eight pre-1941 structures
within Phase I . The motion was seconded by Michael Kane and approved 4-1,
with Kathryn Janoff-nay.
Historic Preservation Committee
January 27, 2016
Page 3 of5
ITEM3 360 Bella Vista Avenue (Continued from 12/17/2015)
Subdivision Application M-15-005
Architecture and Site Applications S-15-053 (Lot #1) and S-15-054 (Lot #2)
Requesting approval to demolish an existing single-family residence and second
unit, subdivide one lot into two lots, and construct two new single-family
residences on two properties zoned R-1 :8 . APN 529-22-038 .
PROPERTY OWNER: John Brady
APPLICANT: Michael Black
PROJECT PLANNER: Marni Moseley
The committee agreed that there were no findings to indicate the structure was
built pre-1941.
MOTION : Kathryn Janoff moved to remove the property from the Historic Resources
Inventory. The motion was seconded by Tom 0 'Donnell and approved S-0 .
ITEM4 94 Hernandez Avenue (Continued from 12/17/2015)
Requesting approval to remove the structure from the Historic Resources
Inventory on a property zoned R-1 :8. APN 510-20-024.
PROPERTY OWNER: Helen Cadiente
APPLICANT: Jaime P . Arafiles
PROJECT PLANNER: Marni Moseley
Karl11yn Janoff stated that the structure does not meet the criteria to be removed
from the Historic Resources Inventory. And since the structure was built before
1941, the applicant should really try to maintain the historic look and feel of it.
MOTION: Kathryn Jano.f( moved to deny the request to remove the structure from the
Historic Resources lnventory. The motion was seconded by Bob Cowan and
approved 4 -0-1 , with Len Pacheco recused .
ITEMS 35 N. Santa Cruz Avenue
Architecture and Site Application S-16-007
Requesting approval of exterior modifications to a pre-1941 commercial building
on property zoned C-2. APN 510-44-032 .
PROPERTY OWNER: Kilkenny Properties, LLC
APPLICANT: Sean McLaughlin
PROJECT PLANNER: Erin Walters
Len Pacheco discussed concerns with the color scheme. He suggested that the
Historic Preservation Committee
January 27, 2016
Page4 of5
applicant consider ways to better integrate with the historic nature of the
downtown. He suggested providing more muted colors.
Kathryn Janoff and Bob Cowan agreed that alternative colors may work better
than the proposed colors.
MOTION: Bob Cowan moved to continue the item to a date uncertain. The motion was
seconded by Micha el Kan e and approved S-0.
ITEM 6 16207 Short Road
Requesting approval to remove the structure from the Historic Resources
Inventory on a property zoned R-1 :20. 523-09-035 .
PROPERTY OWNER: William and Barbara Mosley
APPLICANT: Lisa Murray, LKM Design
PROJECT PLANNER : Marni Moseley
Lisa Murray (applicant) stated the structure was not listed on any historic lists
and was significantly altered in 2002 .
Tom 0 'Donnell and Len Pacheco commented that the structure had so much
work done to it ; it no longer reflected its 1920 's origin.
MOTION : Tom 0 'Donnell moved to remove the structure from the Historic Reso urces
Inventory. The motion was seconded by Michael Kane and approved S-0.
ITEM 7 45 Broadway
Architecture and Site A pp Ii cation S-15-040
Requesting approval for relocating a contributing single-family residence in the
Broadway Historic District and constructing a second story addition greater than
100 square feet on property zoned R-ID:LHP. APN 510-45-057.
PROPERTY OWNER: Lori Baker
APPLICANT: Jay Plett
PROJECT PLANNER: Marni Moseley
Len Pacheco had concerns about having a fireplace outside. He questioned the
applicant to see if a terrace or patio was considered.
Michael Kan e mentioned that this might detract from the original structure.
Jay Plett argued that almost every house on Glen Ridge has a sid e porch.
Historic Preservation Committee
January 27, 2016
Page 5o.f5
Katht)m Janoff expressed that she had an issue with the addition. The structure is
an iconic house and the addition would change the look of it.
MOTION: Tom 0 'Donnell moved to deny the request. The motion was seconded by
Kach1 y n Janoff and approved 4-1 , with Bob Cowan -nay.
ITEM 9 Adjournment
The meeting was adjourned at 6 :30 p .m. The next regular meeting is scheduled for February 24,
2016 at 4:00 p.m.
Prepared by: Sylvie Roussel, Administrative Assistant
Approved by:
Bob Cowan
Chair
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December 18, 2015
Ms. Marni Moseley
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: North 40
Dear Marni:
I previously reviewed this project in July of last year. I have gone over the full set of drawing carefully and have previ-
ously visited the site. My comments and recommendations are as follows:
Overall Site Plan
The site plan is much the same as when I reviewed it seventeen moths ago except for a major change in the westerly portion
of the Transition Zone where Rowhomes and Garden Cluster residential structures have replaced the earlier Move-Down
Condominiums. The currently proposed new site plan is shown below to provide context to my comments. Areas where I
have specific comments are highlighted on this site plan diagram.
PROPOSED SITE PLAN
North 40
Design Review Comments
December 18, 2015 Page 2
Overall Evaluation
The applicants and their design teams have greatly refined the project since I last reviewed it over a year ago, and more draw-
ings have been provided to allow a fuller review of the streetscapes and details of the project. Overall, my feeling is that this
has the potential of being an outstanding example of a large scale mixed use development constucted in a relatively com-
pressed time period, but with a texture and character of a neighborhood that has evolved over a much longer time frame.
The success will lie in the final designs and details, but I feel that the applicant has adopted an approach to providing high
quality design with the detail and diversity necessary to give the overall development the “look and feel of Los Gatos”. For devel-
opment in other neighborhoods of Los Gatos, I would not be comfortable with the use of metal roofing and wall coverings, but
in the context of the North 40 Specific Plan and the resident market focus of the project, I am comfortable with the limited use
of those materials as currently shown on the elevation drawings.
Concerns and Recommendations
I found little to raise concerns regarding the site plan, open space structure and building designs. There are a few issues, how-
ever, that staff may wish to discuss further with the applicant.
1. Market and Senior Housing Parking Structure
Resident and residential guest parking access is only accessible by joining retail parking traffic through the first and
second levels of the parking structure to reach the residential parking on the upper level of the garage.
A second issue is that the upper level of the garage is also allocated for Retail Employees parking. Although this
parking will be assigned parking, that fact may not totally alleviate potential security issues for residents and their per-
sonal property.
Recommendation: Continue to explore alternatives to address this parking conflict. Consider below grade parking
for the second level of retail parking since a future down ramp is already planned to link the garage access to Phase
II of the project.
North 40
Design Review Comments
December 18, 2015 Page 3
2. Building A1
While all other facades of both the commercial and residential structures throughout the Phase I area are visually
interesting and rich in detail, the rear facade of the A1 building facing the parking lot is quite plain and lacking in buffer
landscaping between the parking lot and the pedestrian sidewalk adjacent to the building. This is of some special con-
cern since this is the front door access area for the residential units on the upper floor of the building.
Recommendation: Provide more design interest to the south facade of Building A1, and add landscaping along the
pedestrian walkway adjacent to the building.
3. Rowhome Alley Facades
A large portion of the residential neighborhood consists of 7 Plex
buildings facing Rowhomes across relatively long access alleys lined
with garage door facades at grade level. Some provision is made
for landscaping between the garage doors, but this will only soften
the alleys somewhat. While this is not a totally uncommon condi-
tion for development with these product types, efforts are usually
made to add more landscaping to alley areas or limit their lengths. A
consistent complication in this project is that the major private out-
door space for one of the units in each 7 Plex cluster faces onto the
alley, and while the alley facades of the 7 Plex building are rich with
articulation, the alley facing facades of the Rowhomes are relatively
flat and less visually interesting (See floor plans and alley elevations
on the following page).
North 40
Design Review Comments
December 18, 2015 Page 5
Recommendation: Provide more facade articulation and design detail on the alley facades of the Rowhomes, and
enhance the landscaping as much as possible.. The illustration immediately below from the North 40 Specific Plan
shows one example and others from nearby Bay Area communities are also shown below. These illustrate some
common auto court techniques which include:
• Projecting bay windows.
• Awning or canopies over windows for visual texture and shadows.
• Recesses into the facades to allow larger trees.
• Significant recessed and projecting balconies.
• Planter boxes and pot shelves.
• Floor level recesses or projections.
• Deep recessed windows and garage doors.
• Landscaped trellises over garage doors.
Note: The examples shown are on traditional style structures, but the techniques are easily translated for use on more contemporary
structures.
North 40
Design Review Comments
December 18, 2015 Page 6
4. Finger Cluster Linkage to the Grand
Paseo
The cluster of units that extends into the area
with existing development east of South “A”
Street is not well linked to the Grand Paseo to
the south, as shown in the diagram below.
Recommendation: Improve the pedestrian
linkage between this building cluster and the
Grand Paseo.
5. Access to Units adjacent to Los Gatos Boulevard
Convenient access from and to Los Gatos Blvd. and the Grand Paseo is provided for eight of the ten residential units
adjacent to Los Gatos Blvd. However, two of the units have a somewhat tortured path along the auto access alley, as
shown in the diagram below.
Recommendation: Improve the pedestrian linkages between the unit entries and both Los Gatos Blvd. and the
Grand Paseo.
I have no other recommendations for changes.
Marni, please let me know if you have any questions, or if there are other issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
February 8, 2016
Marni F. Moseley, Associate Planner
Town of Los Gatos
Community Development Department
RE: Cannon Design Group – Architectural Review Comments PROJECT No: 09039
Concerns and Recommendations –TEAM RESPONSES
Marni,
Thank you for providing the Cannon Design Groups comments of our October 14, 2015 set. We
have corrected our drawings as referenced in the bolded responses to the comments in the
December 18, 2015 letter.
1. Market and Senior Housing Parking Structure
Resident and residential guest parking access is only accessible by joining retail parking traffic
through the first and second levels of the parking structure to reach the residential parking on
the upper level of the garage.
A second issue is that the upper level of the garage is also allocated for Retail Employees
parking. Although this parking will be assigned parking, that fact may not totally alleviate
potential security issues for residents and their personal property.
Recommendation: Continue to explore alternatives to address this parking conflict. Consider
below grade parking for the second level of retail parking since a future down ramp is already
planned to link the garage access to Phase II of the project.
Response: The Phase I design does not incorporate a separate drive path for the residential
parking stalls. However, in the Phase II design we are planning an addition to this parking
structure we will review the traffic flow to investigate the possibilities for a separate route to
the Residential parking stalls. Please note we have added a below grade parking level to this
structure, see sheet 3.6.
To address security concerns we have incorporated a security gate on the Second Floor of the
garage to block public access to the third floor parking. This security gate would have a
electronic key pad for ease of access for the authorized user.
2. Building A1
While all other facades of both the commercial and residential structures throughout the Phase I
area are visually interesting and rich in detail, the rear facade of the A1 building facing the
parking lot is quite plain and lacking in buffer landscaping between the parking lot and the
Marni Moseley/09039
February 8, 2016
Page 2 of 3
pedestrian sidewalk adjacent to the building. This is of some special concern since this is the front door access area
for the residential units on the upper floor of the building.
Recommendation: Provide more design interest to the south facade of Building A1, and add landscaping along the
pedestrian walkway adjacent to the building.
Response: We have adjusted the Parking Lot A layout to add an additional foot to the walk that is adjacent to
the rear façade of Building A1. This allowed us to add a series of vine pockets that will enhance the building
facade and maintain adequate clearances for deliveries to the retail service doors along this walk.
3. Rowhome Alley Facades
A large portion of the residential neighborhood consists of 7 Plex buildings facing Rowhomes across relatively long
access alleys lined with garage door facades at grade level. Some provision is made for landscaping between the
garage doors, but this will only soften the alleys somewhat. While this is not a totally uncommon condition for
development with these product types, efforts are usually made to add more landscaping to alley areas or limit
their lengths. A consistent complication in this project is that the major private outdoor space for one of the units in
each 7 Plex cluster faces onto the alley, and while the alley facades of the 7 Plex building are rich with articulation,
the alley facing facades of the Rowhomes are relatively flat and less visually interesting.
Recommendation: Provide more facade articulation and design detail on the alley facades of the Rowhomes, and
enhance the landscaping as much as possible. The illustration immediately below from the North 40 Specific Plan
shows one example and others from nearby Bay Area communities are also shown below. These illustrate some
common auto court techniques which include:
• Projecting bay windows.
• Awning or canopies over windows for visual texture and shadows.
• Recesses into the facades to allow larger trees.
• Significant recessed and projecting balconies.
• Planter boxes and pot shelves.
• Floor level recesses or projections.
• Deep recessed windows and garage doors.
• Landscaped trellises over garage doors.
Note: The examples shown are on traditional style structures, but the techniques are easily translated for use on
more contemporary structures.
Response: Enhanced design elements have been added to the alley facades of the Rowhome building types. All
Rowhome facades have received an increase of material variety and color palette. The facades also include a
strong horizontal break and shadow line, with cantilevered floors over the garage level, as well as having all
garage doors located in deep recesses. At longer alleys, and alleys facing balconies at the Garden Cluster
building type, additional architectural detailing has been added in the form of window awnings and planter
boxes to create greater articulation and interest.
The project alleyways are also wider than standard, which allows for more light to enter them and their
adjacent units, enhances planting between the garage doors and increases the separation between units.
Additionally, the longer alleys are divided by paseo crossings that add articulation and interest by breaking up
long sections of paving and also provide enhanced areas for planting that include large canopy trees.
Marni Moseley/09039
February 8, 2016
Page 3 of 3
4. Finger Cluster Linkage to the Grand Paseo
The cluster of units that extends into the area with existing development east of South “A”
Street is not well linked to the Grand Paseo to the south, as shown in the diagram below.
Recommendation: Improve the pedestrian linkage between this building cluster and the Grand Paseo.
Response: The orientation of this cluster of buildings has been revised from the previous submittal. The 7-plex
Garden Cluster building has been reversed to face the east side of the property. A connection to the sidewalk,
adjacent to the head-in parking at Alley ‘G’, leads to alley crossings on both the east and west side of the
building that lead to the Grand Paseo. The previous two detached homes have been replaced with a Rowhouse
building that faces South ‘A’ Street. The entrances to the units of this building have access to the Grand Paseo
from the sidewalk along South ‘A’ Street.
5. Access to Units adjacent to Los Gatos Boulevard
Convenient access from and to Los Gatos Blvd. and the Grand Paseo is provided for eight of the ten residential units
adjacent to Los Gatos Blvd. However, two of the units have a somewhat tortured path along the auto access alley,
as shown in the diagram below.
Recommendation: Improve the pedestrian linkages between the unit entries and both Los Gatos Blvd and the Grand
Paseo.
Response: Improved pedestrian linkages have been added from street parking and the Grand Paseo to the
entries of the 1X units in the 5-plex Garden Cluster buildings. These include new connections to adjacent
sidewalks and enhanced paving across Alley ‘G’.
Sincerely,
Debra Lehtone
BAR Architects
415-293-7135
dlehtone@bararch.com
cc: Don Capobres; Wendi Baker; File
encl: None
path: \\srvfile01\documents\09039 Los Gatos North Forty\3 REGULATORY\3.12 Planning Department\151111_Planning Staff Review
Comments\FINAL LETTERS\North40_DraftResponse_LarryCannon.docx
March 21, 2016
Ms. Marni Moseley
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: North 40
Dear Marni:
I previously reviewed this project in July of 2014 and again last December. I have gone over the full set of new drawings
carefully and have previously visited the site. My comments and recommendations are as follows:
Overall Site Plan
The site plan has remained much the same over the course of the reviews except for a major change in the westerly por-
tion of the Transition Zone where Rowhomes and Garden Cluster residential structures replaced the earlier Move-Down
Condominiums. The currently proposed new site plan is shown below, and illustrations of the proposed buildings and
landscape environment are included at the end of this letter.
PROPOSED SITE PLAN
North 40
Design Review Comments
March 21, 2016 Page 2
Previous Concerns
The overall plan has remained consistent with the North 40 Specific Plan so comments in the previous reviews have
focused on smaller issues and refinements. Issues raised in previous reviews included the following:
1. Clarification and refinements to the Log Gatos Blvd. frontage.
2. Access to resident parking at the Senior Housing/Market Hall Mixed Use complex.
3. Refinement and expansion of the finger cluster development that extends into the existing residential neighbor-
hood which is not a part of this development.
4. Clarification of the circulation paths and termini along the major north-south Paseos.
5. Variation in areas where flat roofs were initially proposed.
6. Treatment of the long alley access to parking garages in the Lark District including refinements to the alley
facades of the Rowhome units.
7. Guest parking locations relative to some units.
8. Clarification and refinements to the distribution of the Contemporary and Traditional Style residential units.
9. Materials selection
10. Facade treatment to the parking side of Building A1.
Staff has worked with the applicant over the past 20 months to refine the project through changes or have satisfied
themselves that some of the issues raised are not of significant concern to warrant changes. I have no other recommen-
dations for further changes.
Marni, please let me know if you have any questions, or if there are other issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
North 40
Design Review Comments
March 21, 2016 Page 3
MARKET HALL AND SENIOR HOUSING
MARKET HALL AND MIXED USE RETAIL DEVELOPMENT
North 40
Design Review Comments
March 21, 2016 Page 4
MIXED USE RETAIL DEVELOPMENT
SENIOR HOUSING AND MIXED USE RETAIL DEVELOPMENT
North 40
Design Review Comments
March 21, 2016 Page 5
GARDEN CLUSTER RESIDENTIAL
ROWHOME RESIDENTIAL
CONDOMINIUM CLUSTER RESIDENTIAL
North 40
Design Review Comments
March 21, 2016 Page 6
COMMUNITY PARKS AND GARDENS
GRAND PASEO