15860, 15880, 15894 Winchester Blvd - Staff Report and Exhibits 2-6DATE:
TO:
FROM:
SUBJECT:
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
JANUARY 20, 2017
PLANNING COMMISSION
MEETING DATE: 01/25/2017
ITEM NO: 3
JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
ARCHITECTURE AND SITE APPLICATION S-16-023. SUBDIVISION
APPLICATION M-16-002. AND NEGATIVE DECLARATION ND-16-003 .
PROJECT LOCATION: 15860-15894 WINCHESTER BOULEVARD .
APPLICANT: DOUG RICH. VALLEY OAK PARTNERS. PROPERTY OWNER:
SOUTH BEACH PARTNERS LLC AND CUMULUS CAPITAL HOLIDINGS LLC.
REQUESTING APPROVAL TO DEMOLISH THREE EXISTING SINGLE-FAMILY
RESIDENCES, REMOVE A SECOND UNIT, REMOVE LARGE PROTECTED
TREES, AND MERGE FOUR LOTS FOR THE PURPOSES OF CONSTRUCTING A
NEW TWO-STORY OFFICE BUILDING WITH BELOW GRADE AND AT GRADE
PARKING. APNS 529-11-013,-038,-039, AND -040 .
DEEMED COMPLETE : JANUARY 5, 2017
FINAL DATE TO TAKE ACTION : JULY 5, 2017
RECOMMENDATION:
Approval, subject to the recommended conditions of approval.
PROJECT DATA:
General Plan Designation: Office Professional
Zoning Designation: 0, Office
Applicable Plans & Standards: Commercial Design Guidelines
Parcel Size: 1.3 acres
PREPARED BY : JOCELYN PUGA
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Lo s Gatos, CA 95030 • 408-354-6874
www .losgatosca .gov
PAGE 2 OF 10
SUBJECT: 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003
JANUARY 20,2017
Surrounding Area :
Existing Land Use I General Plan Land Use Designation Zoning
North Residential, Office, Office Professional 0
and Commercial
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It has been determined that this project will not have a significant impact on the environment.
Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program to mitigate potential impacts to a less than significant level is recommended.
FINDINGS:
• As required by CEQA for adopting the Mitigated Negative Declaration.
• That the proposed project is consistent with the Commercial Design Guidelines.
• As required by Section 29.10.330 of the Town Code for the elimination of an existing
secondary unit.
• As required by Section 29.10.09030{e) of the Town Code for the demolition of existing
structures.
CONSIDERATIONS:
• As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The project site is an approximately 1.31-acre parcel comprised of four parcels and is developed
with three single-family residences and a second unit.
As noted in the table above, the surrounding area conta ins a mix of uses that are consistent
with either the General Plan Land Use designation or zone, or both. Single-family residential,
office, and commercial uses are located to the north of the project site. Commercial use s,
including the Los Gatos Dog and Cat Hospital and the Los Gatos Body Shop are located to the
east (behind the project site.) A residential development is located to the south of the project
site and office uses are located acro ss Winchester Boulevard to the west of the project.
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PAGE 3 OF 10
SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-00 3
JANUARY 20,2017
PROJECT DESCRIPTION :
A. Location and Surrounding Neighborhood
The project site is located on the northeast corner of Winchester Bou levard and Shelburne
Way . Access to the project site is provided on Winchester Boulevard and Shelburne "'fay.
B. Project Summary
The applicant is requesting approval of an Architecture & Site application and Subdivision
application to demolish three existing single-family residences , remove a second unit,
remove large protected trees, and merge four lots for the purposes of constructing a new
two-story office bu i lding with below grade and at grade parking.
C. Zoning Compliance
An office use is a permitted use in the 0 zone .
DISCUSSION:
A. Project Summary
There are four existing parcels that the applicant is proposing to merge into a single 1.3-
acre parcel.
The proposed project would create a new two-story office building totaling 30,070 square
feet with 87 parking spaces below grade and 41 parking spaces at grade for a total of 128
parking spaces. Amenities and site improvements for the project include, bike storage,
shower facilities for employees, and new landscaping.
The proposed building has a front setback of between 29 feet, nine inches and 38 feet, four
inches along Winchester Boulevard ; a side setback of 78 feet, one inch bordering a
residential development to the south; a street side setback of 20 feet, five inches along
Shelburne Way; and a rear setback of 69 feet, one inch bordering the Los Gatos Dog and Cat
Hospital and the Los Gatos Body Shop .
The proposed 30,070-square foot commercial building would be up to 35 feet in height.
Materials would consist of smooth troweled plaster, wood siding, metal panel siding,
aluminum windows, and a standing seam metal roof. A color and materials board will be
available at the public hearing.
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PAGE 4 OF 10
SUBJECT: 158 60-1589 4 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-00 3
JANUARY 20,2017
B. Conceptual Development Advisory Committee
The proposed development of the site was presented to the Conceptual Development
Advisory Committee (CDAC) on January 13, 2016. At that meeting the CDAC discussed the
proposed use , traffic, parking, architecture, and site design . Meeting minutes are included
as Exhibit 11. The applicant responded to the CDAC's comments in the project
description/letter of justification included as Exhibit 5 .
C. Zoning
The exi sting residential uses of the four properties are non-conforming in that they are not
permitted in the 0 zone. Permitted uses in the 0 zone include offices, professional ,
medical, dental, and optical laboratories associated with a professional use , real estate,
insurance, stock s and bonds; and other similar offices characterized by absence of retail
sa les . The applicant is proposing a new office building for local compan ies to continue their
growth in the Town (Exhibit 5).
The proposed project meets the required setbacks, lot coverage, and height requirements
for the 0 zone.
The proposed land coverage would be 26 .5 percent of the site and the maximum height
would be 35 feet, both of which are consistent with the zoning designation for the site
which allows up to 40 percent land coverage and ha s a 35-foot height limit.
The required and proposed setbacks in the 0 zone are described in the following table :
Setback Required Proposed
Front 25 feet 29 feet, nine inches to 38
feet, four inches
Side 10 feet 78 feet, one inch
Street Side 15 feet 20 feet , five inches
Rear 20 feet 69 feet , one inch
D. Second Dwelling Units-Approval and Demolition
A second dwell ing unit permit was issued for the property located at 15860 Winchester
Boulevard on December 11, 1985. The applicant is requesting to remove the second
dwelling unit in order to accommodate a new 30,070-square foot office building, which
would be consistent with the property's zoning designation of Office and the General Plan
Land Use designation of Office Professional.
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PAGE 5 OF 10
SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003
JANUARY 20, 2017
Section 29 .10.330 of the Town Code requires the deciding body to make five findings to
approve the elimination of a second dwelling unit. The first required finding is that the
proposed elimination is consistent with the Town's Housing Element of the General Plan .
The subject request is consistent with the Housing Element because it would not have a
negative impact on the Town 's housing stock. The number of approved applications for
new second dwelling units exceeds the number of applications to demolish second dwelling
un its . The four remaining findings require the Commission to consider the maintenance of
the Town's housing stock, the preservation of historically significant buildings, the property
owner's desire or capacity to maintain the structure, and the economic utility of the
building or structure, pursuant to Section 29.10.09030(e) of the Town Code for the issuance
of a demolition permit (Exhibit 3). The applicant's project description/letter of justification
discusses the request to propose a project that is consistent with the property's zoning and
General Plan Land Use designation (Exhibit 5).
It should be noted that the existing residential use of the property is non-conforming and
the property would not conform to the Town Code requirements for a new second unit if
one were proposed today.
E. Design and Compatibility
The Town's Architectural Consultant reviewed the project to provide recommendations
regarding the architecture and neighborhood compatibility. The Consulting Architect had
no recommendations for changes and noted that the office project is well designed in a
contemporary style and the elevation along Winchester Boulevard "is varied in height and
fac;:ade treatment to break the building up into visually smaller elements" (Exhibit 10).
The proposed building is consistent with the applicable provisions of the Commercial Design
Guidelines to provide a unified design around all sides ofthe building, to utilize high quality
building materials, to screen all roof equipment, to subordinate the parking to the building,
and to provide well designed landscaping along the adjacent street fronts .
F. General Plan
The 2020 General Plan Land Use designation for the site is Office Professional. The
proposed project meets the Office Professional requirements for land coverage and height .
This designation provides for professional and general business offices . This designation
applies to various locations concentrated along the Town 's commercial corridors, often in
close proximity to neighborhood-or community-oriented commercial facilities, or as a
buffer between commercial and residential uses . The intent of this designation is to satisfy
the community's need for general business and professional services and local employment.
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PAGE 6 OF 10
SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003
JANUARY 20, 2017
The proposed building is adjacent to residential, commercial , and office uses. The proposed
building design is varied in height and fac;:ade treatments to visually break up the building
into smaller elements. Additionally, the applicant has proposed a left side setback of 78
feet, one inch to create a larger buffer between the proposed building and the adjacent
residential use.
In addition to maintaining neighborhood quality, the 2020 General Plan Land Use Element
focuses on maintaining a "full-service" town that provides a range of goods and services
that support economic vitality, while limiting adverse impacts on the quality of life of all the
residents.
Applicable goals and policies of the 2020 General Plan include, but are not limited to the
following:
• Goal LU-4: To provide for well-planned, careful growth that reflects the Town 's existing
character and infrastructure.
• Policy: LU-6.3 : Protect existing residential areas from adjacent non-residential uses by
assuring that buffers are developed and maintained.
• Policy LU-6.5: The type, density and intensity of new land use shall be consistent with
that of the immediate neighborhood
• Goal CD-1: Preserve and enhance Los Gatos 's character through exceptional community
design.
• Policy CD-1.4: Development on all elevations shall be of high quality design and
construction, a positive addition to and compatible with the Town's ambiance .
Development shall enhance the character and unique identity of existing commercial
and/or residential neighborhoods.
• CD-2: To limit the intensity of new development to a level that is consistent with
surrounding development and with the Town at large .
• CD-3.9: Parking structures and facilities shall have a low profile, be screened from view
and be aesthetically pleasing.
G. Parking and Traffic
With 128 parking spaces on the site, the proposed project would meet the Town Code
parking regulations, which require one parking space for every 235 square feet for office
space. The majority of the parking spaces (87) would be located in the parking garage
below grade, while the remaining 41 parking spaces would be located at grade level. The
project also includes 36 bicycle parking spaces in the below grade parking garage .
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PAGE 7 OF 10
SUBJECT: 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003
JANUARY 20, 2017
Access to the parking spaces in the parking garage below grade will be from Shelburne Way
and access to the parking spaces at grade level will be from Winchester Boulevard.
In preparation for the environmental review for this project, a Transportation Impact
Analysis (TIA) was prepared by Hexagon Transportation Consultants, Inc. (Appendix E of
the Mitigated Negative Declaration (MND), available online at
http:/ /www.losgatosca .gov /15860-15894Winchester).
The report was reviewed by the Town's traffic engineer, traffic consultant, and
environmental consultant. The purpose of the TIA was to identify any potential traffic
impacts from the proposed office use . The report found that the proposed office building
is expected to generate 41 trips (33 in and eight out) during the AM peak hour and 50 trips
(four in and 46 out) during the PM peak hour. Given that there are existing homes on the
project site that are generating traffic, some of the trips from the site will not be new trips.
Crediting the trips generated by the existing residential use on the project site, the
proposed project would generate 39 net new AM trips {33 in and six out) and 47 net new
PM trips (two in and 45 out) for a total of 86 net new peak hour trips.
The intersection level of service (LOS) analysis section of the TIA shows that the evaluated
intersections would continue to operate at an acceptable LOS (LOS D or better).
Additionally, the TIA also evaluated un-signalized intersections and found that they would
operate at LOS Band LOS C for their respective worst approaches during the peak AM and
PM hours under all scenarios.
In conclusion , the TIA found no significant impacts with an expected increase of 303
average daily trips (ADT) by the proposed project. Even though the TIA found that the
proposed project's impact from traffic generation would be less than significant in
accordance with CEQA and the Town 's Traffic Impact Policy, pursuant to the Town's Traffic
Impact Policy the project would be required to pay a traffic impact fee of $266,337 .
H. Trees
The Town's Consulting Arborist conducted two site surveys and provided two reports and
an addendum dated February 12, 2016, June 10, 2016, and July 22 , 2016 (Exhibit 7, 8, and
9}.
The project proposes to remove 22 protected trees, of which four are considered to be
large protected trees. The four large protected trees (#12, #18 , #21, and #24) are Coast Live
Oaks which are in good and fair/good condition and are proposed to be removed to
accommodate the proposed office building.
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PAGE 8 OF 10
SUBJECT: 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003
JANUARY 20, 2017
The project proposes to retain 11 Coast Live Oak trees (trees #2 #3, #9 , #16, #17, #22 , #23,
#25, #,27, #29, and #41) and one Valley Oak tree (tree #40) located along Shelburne Way,
Winchester Boulevard, and to the rear of the site bordering the Los Gatos Dog and Cat
Hospital.
The Consulting Arborist met with staff and the applicant on-site for a second site survey to
provide recommendations for protecting trees #2, #3, #9, #16, and #17, which are proposed
to be retained. The recommendations are contained in Exhibit 9 and will be implemented
by the applicant.
I. Environmental Review
An Initial Study and Mitigated Negative Declaration (MND) (Exhibit 1) have been prepared
for the project by the Town's Environmental Consultant, EMC Planning Group Inc. (available
online at www.losgatosca.gov/15860-15894Winchester). The 20-day public review period
began on November 11, 2016 and ended on December 1, 2016. The project will not result
in a significant effect on the environment because mitigation measures have been added
for Air Quality, Biological Resources, Greenhouse Gas Emissions, Geology and Soils, and
Hazardous Materials, mitigating potential impacts to a less-than-significant level. The
Mitigation Monitoring and Reporting Program is provided along with the re sponse to
comments within Exhibits 12 and 13.
PUBLIC COMMENTS:
Story poles and signage were installed on the site and written notice was sent to property
owners and tenants within 300 feet of the subject property. Staff has received five public
comments regarding the proposed architectural style, height of the building, tree impacts,
privacy concerns, and traffic concerns (Exhibit 14).
The applicant held a community meeting on September 12, 2016. Details of the community
meeting and attendees are included in Exhibit 6.
CONCLUSION :
A. Summary
The applicant is requesting approval of an Architecture & Site application and Subdivision
application to demolish three existing single -family residences, remove a second unit,
remove large protected trees, and merge four lots for the purposes of constructing a new
two-story office building with below grade and at grade parking.
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PAGE 9 OF 1 0
SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND -16-003
JANUARY 20, 201 7
Although the applicant is requesting to eliminate three single-fam i ly res idences and a
second unit from the Town's housing stock, the Town currently approves new application s
for second dwelling units ministerially, thus allowing property owners to create second
dwelling units in other parts of Town as long as they meet cu r rent Town Codes . In addition,
the proposed office use will be cons istent with the zoning and General Plan designation for
all four properties.
The MND prepared for the project found no significant environmental impacts from the
operation of or construction of the proposed project.
B. Recommendation
Based on the analysis above, staff recommends approval of the Architecture and Site
application and Subdivision application subject to the recommended conditions of approval
(Exhibit 4). If the Planning Commission finds merit w ith the proposed project, it should :
1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (Exhibit 1 and 13);
2 . Make the required finding that the project complies with the Commercial Design
Guidelines (Exhibit 3);
3. Make the required finding as required by Section 29.10.330 of the Town Code for
granting approval of the elimination of a secondary dwelling unit without replacement
(E x hibit 3);
4. Make the required findings as required by Section 29.10.09030{e) ofthe Town Code for
granti ng approval of the demolition of existing structures (Exhibit 3);
5. Make the required considerations as required by Section 29 .20.150 of the Town Code
for granting approval of an Architecture & Site application (Exhibit 3); and
6. Approve Architecture & Site Application S-16-023 a nd Subdivision Application M -16-003
with the conditions contained in Exhibit 4 and the development plans in Exhibit 15.
C. Alternatives
Alternatively, the Commission can :
1. Continue the matter to a date certain with specific direction; or
2 . Approve the application with additional and/or modified conditions; or
3. Deny the applications .
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PAGE 10 OF 10
SUBJECT: 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003
JANUARY 20, 2017
EXHIBITS :
Previously received under separate cover:
1. Mitigated Negative Declaration
Received with this Staff Report:
2. Location Map
3 . Required Findings and Considerations (two pages)
4. Recommended Conditions of Approval (21 pages)
5 . Letter of Justification/Project Description (three pages), received March 3, 2016
6. Neighborhood Meeting Outcome and Attendees (two pages), received September 13, 2016
7 . Consulting Arborist's First Report (46 pages), dated February 12, 2016
8 . Consulting Arborist's Second Report (seven pages), dated June 10, 2016
9 . Consulting Arborist's Addendum (two pages), dated July 22, 2016
10. Consulting Architect's Report (three pages), received May 5, 2016
11. January 13, 2016 Conceptual Development Advisory Committee Meeting Minutes (two
pages)
12. Public Comments and Responses Regarding the Mitigated Negative Declaration (eight
pages)
13. Mitigation Monitoring and Reporting Program, dated January 5, 2017
14. Public Comment (seven pages)
15. Development Plans (29 pages), received January 5, 2017
Distribution :
1. Doug Rich , Valley Oak Partners, 734 The Alameda, San Jose, CA 95126
2. South Beach Partners LLC and Cumulus Capital Holdings LLC, 125 South Market Street, Suite
1250, San Jose, CA 95113
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15860-15894 Winchester Boulevard
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PLANNING COMMISSION-january 25, 2017
REQUIRED FINDINGS AND CONSIDERATIONS:
15860-15894 Winchester Boulevard
Architecture and Site Application S-16-023
Subdivision Application M-16-002
Mitigated Negative Declaration ND-16-003
Requesting approval to demolish three existing single-family residences, remove a
second unit, remove large protected trees, and merge four Jots for the purposes of
constructing a new two-story office building with below grade and at grade parking.
APNs 529-11-013, -038, -039, and -040.
APPLICANT: Doug Rich, Valley Oak Partners
PROPERTY OWNER: South Beach Partners LLC and Cumulus Capital Holdings LLC
FINDINGS:
Required Finding for CEQA:
• It has been determined that this project will not have a significant impact on the
environment. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program to mitigate potential impacts to a less than significant level is
recommended.
Commercial Design Guidelines:
• The proposed building is consistent with applicable provisions of the Commercial Design
Guidelines.
Required finding for the elimination of a secondary dwelling unit without replacement:
• As required by Section 29.10.330 of the Town Code for the elimination of a secondary
dwelling unit, without replacement, the deciding body shall make the finding that the
proposed elimination (without replacement) is consistent with the Town's Housing Element
of the General Plan. In order to eliminate an existing second unit (whether or not it will be
replaced), the deciding body must make the demolition findings pursuant to Section
29 .10.09030 and made below.
Required finding for the demolition of an existing structure and/or second unit:
• As required by Section 29.10.09030(e) of the Town Code for the demolition of existing
structures:
1. The Town's housing stock will be reduced by four units however; the proposed office use
will be consistent with the zoning designation of Office and the General Plan land use
designation of Office Professional.
2. The existing structures have no architectural or historical significance .
LEXJilBli 3
3. The property owner does not desire to maintain the structures as they exist.
4. The economic utility of the structures was considered and replacement of the units would
result in a non-conforming use.
CONSIDERATIONS
Required considerations in review of Arch itecture & Site applications :
• As required by Section 29 .20 .150 of the Town Code, the considerations in rev iew of an
Architecture and Site application were all made in reviewing this project.
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PLANNING COMMISSION-january 25, 2017
CONDITIONS OF APPROVAL
15860-15894 Winchester Boulevard
Architecture and Site Application S-16-023
Subdivision Application M-16-002
Mitigated Negative Declaration ND-16-003
Requesting approval to demolish three existing single-family residences, remove a
second unit, remove large protected trees, and merge four lots for the purposes of
constructing a new two-story office building with below grade and at grade parking.
APNs 529-11-013, -038,-039, and -040.
APPLICANT: Doug Rich, Valley Oak Partners
PROPERTY OWNER: South Beach Partners LLC and Cumulus Capital Holdings LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
received by the Town on January 5, 2017 . Any changes or modifications to the approved
plans shall be approved by the Community Development Director, the Development
Review Committee, the Planning Commission, or Town Council, depending on the scope
of the changes.
2. EXPIRATION: The 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. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
The lighting plan shall be reviewed during building plan check.
4. 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.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, MS, identified in the Arborist reports, dated as
received February 12, 2016, June 10, 2016, and July 22, 2016, respectively, on file in the
Community Development Department. A Compliance Memorandum shall be prepared by
the applicant and submitted with the building permit application detailing how the
recommendations have or will be addressed. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit where applicable.
7. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
lEXHlBIT 4 1
further than 10 feet apart. Include a tree protection fencing plan with the construction
plans.
8. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being
removed. The number of trees and size of replacement trees shall be determined using
the canopy replacement table in the Town Code . Town Code requires a minimum 24-inch
box size replacement tree . New trees shall be double staked with rubber ties and shall be
planted prior to final inspection and issuance of occupancy permits .
9. WATER EFFICIENCY LANDSCAPE ORDINANCE : The final landscape plan, including
landscape and irrigation plans and calculations, shall meet the Town of Los Gatos Water
Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is
more restrictive. The final landscape plan shall be reviewed by the Town's consultant
prior to issuance of building permits. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
10. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the
developer shall provide the Community Development Director with written notice of the
company that will be recycling the building materials. All wood, metal, glass, and
aluminum materials generated from the demolished structure shall be deposited to a
company which will recycle the materials. Receipts from the company(s) accepting these
materials, noting the type and weight of materials, shall be submitted to the Town prior to
the Town's demolition inspection .
11. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application .
12. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside , or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
13. AIR QUALITY MITIGATION MEASURE AIR-1 *: BAAQMD-Recommend Basic Construction
Mitigation Measures . To limit the project's construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended Basic Construction Mitigation Measures shall be included in the project's
grading plan, building plans, and contract specifications:
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, or otherwise kept dust-
free .
b . All haul trucks des ignated for removal of excavated soil and demolition debris from
site shall be staged off-site until materials are ready for immediate loading and
removal from site .
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be
covered .
d . As practicable, all haul trucks and other large construction equipment shall be staged
in areas away from the adjacent residential homes.
e. 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. An on-site track-out control device is also recommended to minimize
mud and d i rt-track-out onto adjacent public roads .
f . All vehicle speeds on unpaved surfaces shall be limited to 15 mph .
g. All 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 .
h. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 m i nutes. Clear signage shall be provided for
construction workers at all access points.
i. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications . All equipment shall be checked by a certified visible
emissions evaluator. All non-road diesel construction equipment shall at a minimum
meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part
89, Subpart B, §89.112 .
j . Developer shall designate an on-site field supervisor to provide written notification of
construction schedule to adjacent residential property owners and tenants at least
one week prior to commencement of demolition and one week prior to
commencement of grading with a request that all windows remain closed during
demol ition, site grading, excavation, and building construction activities in order to
minimize exposure to NOx and PMlO. The on-site field supervisor shall monitor
construction emission levels within five feet of the property line of the adjacent
r esidences for NOx and PMlO using the appropriate air quality and/or particulate
monitor.
k. Post a publicly visible sign 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 Ai r District's phone number shall also be visible to ensure
compliance with applicable regulations .
I. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed 20 mph .
m. 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 .
14. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-1 *:Special-status and Migratory Bird
Species . The following avoidance measures shall be required to avoid the project's
potential effects on special-status and migratory bird species.
a. If noise generation, ground disturbance, vegetation removal, or other construction
activities begin during the nesting bi rd 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 su itable nesting areas on and adjacent to the site 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 construction activities. A report
documenting 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
approval prior to initiation of construction activities. If no active bird nests are
detected during the survey, then construction 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 be prepared to determine and clearly
delineate a temporary protective buffer area around each active nest, with buffer area
size depending on the nesting bird species , existing site conditions, and type of
proposed 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 any applicable project permits. To ensure that no inadvertent
impacts to an active bird nest will occur, no 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.
15 . BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-2: The applicant shall comply with
the Town of Los Gatos Tree Protection Ordinance and a tree removal permit shall be
obtained from the Town for the removal of any on-site trees that qualify as a protected
tree. No new trees planted on site shall have a trunk diameter of less than 1.5 inches.
Protective construction fencing shall be in place for all retained trees prior to the
commencement of any site work. Any trenching within the dripline of existing trees shall
be hand dug.
16. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-3: The applicant shall comply with
the recommendations in the arborist report prepared for the proposed project by
Deborah Ellis on February 12, 2016, June 10, 2016, and July 22, 2016 .
17. GEOLOGY AND SOILS MITIGATION MEASURE GE0-1 : The applicant shall include the
recommendations of the 2015 geotechnical report on all bid and construction documents
to ensure that the recommended standards for development of foundations, subsurface
improvements, etc. are incorporated into the project design and construction . All
foundation and grading plans shall be reviewed by a licensed engineer and approved by
the Town's engineer.
18. GREENHOUSE GAS EMISSIONS MITIGATION MEASURE GHG-1: The applicant shall include
at least one reserved van-pool parking space; at least two reserved car-pool parking
spaces, and at least four electric charging stations (one of which should be available to a
handicapped space).
19. GREENHOUSE GAS EMISSIONS MITIGATION MEASURE GHG-2: The applicant shall include
solar energy or other alternative energy sources on project plans, providing 15 percent or
more ofthe project's energy needs. Plans shall incorporate any combination ofthe
following strategies to reduce heat gain for 50 percent of the non-roof impervious site
landscape, which includes roads, sidewalks, courtyards, parking lots, and driveways:
shaded within five years of occupancy; paving materials with a Solar Reflectance Index
(SRI) of at least 29; open grid pavement system; and parking spaces underground, under
deck, under roof, or under a building. Any roof used to shade or cover parking must have
an SRI of at least 29 and/or have solar panels.
20 . HAZARDS AND HAZARDOUS EMISSIONS MITIGATION MEASURE HZ-1: Prior to the issuance
of a demolition permit, the project applicant shall conduct sampling and testing of the
existing building to determine the extent and presence of asbestos-containing building
materials on the site. If measured levels exceed established thresholds, a work plan shall
be developed and implemented to remove and dispose of the lead-containing materials in
accordance with the established regulations.
21 . COMPLIANCE MEMORANDUM : A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed .
Building Division
22 . PERMITS REQUIRED: A separate Building Permit will be required for the subterranean
parking garage podium structure and a separate Building Permit shall be required for the
two-story office building. The trash enclosure shall also be on a separate permit. These
are combination permits including electrical, mechanical, and plumbing work as
necessary.
23 . 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.
24. SIZE OF PLANS: Four sets of construction plans, size 24" x 36" minimum, 30" x 42"
maximum.
25 . BUILDING ADDRESS : Submit requests for any building address changes or deletions to the
Building Division prior to submitting for the building permit application process .
26. 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.
27 . DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications and
Bay Area Air Quality Management District Applications from the Building Department
Service Counter. Once the Demolition Forms have been completed, all signatures
obtained, and written verification from PG&E that all utilities have been disconnected,
return the completed Forms to the Building Department Service Counter with the Air
District's J# Certificate(s), PG&E verification, and three (3) sets of Site Plans showing all
existing structures, existing utility service lines such as water, sewer, and PG&E. No
demolition work shall be done without first obtaining a Permit from the Town.
28 . SHORING : Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cai/OSHA regulations.
29. 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 by a licensed surveyor or registered civil engineer for
the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
30. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed) onto a sheet of the plans.
31. BACKWATER VALVE: The scope ofthis project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12-inches above the
elevation of the next upstream manhole.
32. FIRE ZONE: This project will require Class A Roof Assemblies .
33 . SPECIAL INSPECTIONS : When a special inspection is required by CBC Section 1704, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit. The
Town Special Inspection form must be completely filled-out, signed by all requested
parties, and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at
www.losgato sca .gov/building
34. NONPOINT SOURCE POLLUTION STANDARDS 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 San Jose
Blue Print for a fee.
35. NPDES-C.3 DATA FORMS: Copies of the NPDES C.3 Data Forms (updated based on the final
construction drawings) must be blue-lined in full onto the Plans. In the event that this
data differs significantly from any Planning approvals, the Town may require
recertification of the project's storm water treatment facilities prior to release of the
Building Permit.
36. GREEN BUILDING STANDARDS : This project must, at a minimum, be in compliance with
the Nonresidential Mandatory Measures of the current California Green Building
Standards Code (CGBSC) and all subsequent Amendments.
a. Bicycle Parking: Per CGBSC Section 5.106.4.1.1 provide twenty (20) permanently
anchored bicycle rack s (= 5% of motorized vehicle parking) for short-term bicycle
parking or ten {10) two-bike capacity racks. Per CGBSC Section 5.106.4.2 provide
secure bicycle lockers for twenty (20) bicycles (= 5% of motorized vehicle parki ng).
Note: Providing showers, changing rooms, and clothes lockers in each building i s a
voluntary amenity to be considered .
b. Designated Parking: Per CGBSC Section 5 .106.5.2 provide designated parking for any
combination of low-emitting, fuel-efficient, and carpool/van pool vehicles as shown in
Table 5.106.5.2 which equals 8% ofthe proposed parking or a minimum of 32 spaces.
c. Electric Vehicle Charging Stations : Per CGBSC Section 5.106.5 .3, during construction
provide electric vehicle supply equipment and electrical components as listed to
facilitate the future installation of (or provide for during construction) electric vehicle
charging stations. Per CGBSC Table 5.106.5 .3.3, 12 electric vehicle charging stations
spaces are required for this project or 3% of the total parking spaces .
37. SITE ACCESSIBILITY: At least one accessible route within the boundary ofthe site shall be
provided from public transportation stops, accessible parking and accessible passenger
loading zones and public streets or sidewalks to the accessible building entrance that they
serve. The accessible route shall, to the maximum extent feasible, coincide with the route
for the general public. At least one accessible route shall connect all accessible buildings,
facilities, elements and spaces that are on the same site.
38. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking is
provided for the public as clients, guests or employees, shall provide handicap accessible
parking. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking, accessible parking
spaces shall be dispersed and located closest to the accessible entrances.
39. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development/Planning Division : Jocelyn Puga at (408) 399 -5706
b. Engineering/Parks & Public Works Department : Mike Weisz at 395-5340
c. Santa Clara County Fire Department : (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Bay Area Air Quality Management District: (415) 771-6000
f . 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.
40. ADVISORY COMMENTS :
a. Allowable Area calculations shall be provided for the subterranean parking garage
podium structure and the two-story office building per California Building Code
Chapter 5.
b. For the exterior deck/balcony, the occupant load will be calculated at 15 square feet
per occupant. Please consider dividing the balconies with permanent railings to limit
the balcony areas to less than 750 square feet in order to avoid the requirement for
two compliant exits in anticipation of unknown future tenant improvement layouts.
c. The exterior exit stairway from the parking garage is less than 10 feet from the
property line. Per 2016 California Building Code Section 1027.5, exterior exit stairways
are required to have a fire separation distance of 10 feet from adjacent property lines.
One pos sible solution would be to enclose the stairway in a one-hour rated enclosure .
Another option is to move the stairway into the large fan room area.
d . The parking garage exhaust fan vent terminates 10 feet from the adjacent property
line as required. However, per 2016 California Mechanical Code Section 502.2 .2, the
fan outlet must terminate 10 feet above the adjoining grade. In order to avoid a
chimney like element at the location shown, an option to consider would be to
provide an exhaust duct across the parking garage ceiling and up through an elevator
lobby chase and up through the rooftop mechanical well.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS :
Engineering Division
41. 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 the applicable Town ordinances. The adjacent public right-of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction 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 i ssued by the Engineering Division of the Parks and
Public Works Department. The Developer's representative in charge shall be at the job
site during all working hours. Failure to maintain the public right-of-way according to this
condition may result in the issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Developer's expense .
42 . APPROVAL : This application shall be completed in accordance with all ofthe conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plan s. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
43. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
re spon sibility of the Applicant/Developer to obta in any necessary encroachment permits
from affected agencies and private parties, including but not limited to, Pacific Ga s and
Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department
of Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Park s and Public Works Department prior to releasing
any permit.
44 . FOR PLANTERS : The Applicant shall apply for an encroachment permit for the proposed
planters within the public sidewalk and/or public right-of-way. The Applicant shall work
with Parks and Public Works Department staff to arrive at a mutually agreeable solution
that addresses safety and aesthetic issues . If no solution is reached , the vegetative
screening requirement shall be waived. An indemnity agreement for private
improvements in the public right-of-way (indemnity agreement) will be required if
planters are proposed to be located on public land . A copy of the recorded agreement
shall be submitted to the Engineering Division of the Parks and Pub lic Works Department
prior to the issuance of any permit.
45 . PUBLIC WORKS INSPECTIONS : The Developer or their representative shall notify the
Engineering In spector at least twenty-four (24) hours before starting any work pertaining
to on -site drainage facilities, grading or paving, and all work in the Town's right-of-way .
Failure to do so will result in penalties and rejection of work that went on without
inspection.
46. 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 . Improvements such as, but not limited to : curbs, gutters,
sidewalks, d r iveways, signs , pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. 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 to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. The Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to ver ify exist ing
conditions.
47 . SITE SUPERVISION : The General Contractor shall provide qualified supervision on the job
site at all times during construction .
48 . 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.
49 . PLAN CHECK FEES : Plan check fees shall be deposited with the Town prior to plan review
at the Engineering Division of the Park s and Public Works Department.
50. INSPECTION FEES : Inspection fees shall be deposited with the Town prior to the issuance
of any permits.
51. PLANS AND STUDIES: All required plans and studies shall be prepared by a Reg istered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Applicant.
52. 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 permit application (with grading plans) shall be made to
the Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall location(s),
driveway, utilities and interim erosion control. Grading plans shall list earthwork
quantities and a table of existing and proposed impervious areas . Unless specifically
allowed by the Director of Parks and Publ ic Works, the grading permit will be issued
concurrently with the building permit. The grad i ng permit is for work outside the building
footprint(s). A separate building permit, issued by the Building Department on E. Main
Street, is needed for grading within the building footprint .
53 . DRIVEWAY : The driveway conforms to exi sting pavement on both Winchester Boulevard
and Shelburne Way shall be construct ed in a manner such that the existing dra inage
patterns w ill not be obstructed .
54. PARKING RESTRICTIONS AT DRIVEWAYS : On-street parking shall be prohibited within 15
feet of the proposed driveways on both Winchester Boulevard and Shelburne Way to
ensure adequate site distance.
55 . DRAINAGE IMPROVEMENT : Prior to the issuance of any grading/improvement permits,
whichever comes first, the Applicant shall: a) design provisions for surface drainage; and
b) design all necessary storm drain facilities extending to a satisfactory point of disposal
for the proper control and disposal of storm runoff; and c) provide a recorded copy of any
required easements to the Town.
56 . TREE REMOVAL : Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit .
57 . SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall: top of wall elevations and locations .
b . Toe and top of cut and fill slopes.
58 . 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.
59 . RETAINING WALLS: A building permit, is sued by the Building Department at 110 E. Main
Street, may be required for site retain ing wall s. Walls are not reviewed or approved by the
Engineering Division of Park s and Public Works during the grading permit plan review
process .
60. 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 -X 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 closure
calculations, title reports less than ninety (90) days old and the appropriate fee. The
certificate shall be recorded before any permits may be issued .
61 . DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any permits are issued:
a. Winchester Boulevard: A 7-foot width of right-of-way shall be dedicated in fee for
street purposes.
b . Public Service Easement (PSE): A 10-foot wide easement may be required by the
utility companies.
62 . SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
application. The soils report shall include specific criteria and standard s governing site
grading, drainage, pavement design, retain ing wall design, and ero sion control. The
reports shall be signed and "wet stamped" by the engineer or geologist , in conformance
w ith Section 6735 of the California Bus i nes s and Professions Code .
63 . GEOLOGY AND SOILS MITIGATION MEASURE : A geotechnical investigation shall be
conducted for the project to determine the surface and sub -surface cond itions at the site
and to determine t he potential for surface fault rupture on the site. The geotechnical
study shall provide recommendations for site grading as well as the design of foundation s,
retaining walls, concrete slab-on-grade construction , excavation, drainage, on-site utility
trenching and pavement sections . All recommendations of the investigation shall be
incorporated into project plans.
64. SOILS REVIEW : Prior to issuance of any permits, the Applicant's engineers shall prepare
and submit a design-level geotechnical/geological investigation for review and approval
by the Town . The Applicant's soils engineer shall review the final grading and drainage
plans to ensure that designs for foundations, retaining walls, site grad ing, and 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.
65 . SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction , all excavations and
grading shall be inspected by the Applicant 's soils engineer prior to placement of concrete
and/or backfill so they can verify that the actual conditions are as anticipated in the
design-level geotechnical report, and recommend appropriate changes in the
recommendations contained in the report, if necessary. The results of the construction
observation and testing shall be documented in an "as-built" letter/report prepared by
the Appl icant's soils engineer and submitted to the Town before final release of any
occupancy permit is granted .
66. SOIL RECOMMENDATIONS : The project shall incorporate the geotechnical/geological
recommendations contained in the Preliminary Geotechnical Investigation by Cornerstone
Earth Group, dated September 21, 2015, and any subsequently required r eport or
addendum . Subsequent reports or addendum are subject to peer review by the Town's
consultant and costs shall be borne by the Applicant.
67. 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 public 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.
68 . 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 photometries. A letter shall be provided by PG&E stating that
public street light bill i ng w i ll by Rule LS2A, and that private lights shall be metered with
billing to the homeowners ass ociation . Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
69 . WATER DESIGN : Water plans prepared by San Jose Water Company must be reviewed and
approved prior to issuance of any permit.
70 . WATER METER: The proposed water meters shall be constructed and installed within the
property in question, directly behind the public right-of-way line.
71. ELECTRICAL CABINET: The existing electrical cabinet, currently located within the
Winchester Boulevard right-of-way, shall be relocated within the property in question,
directly behind the public right-of-way line after the required street dedication. The
Applicant shall repair and replace to existing Town stand~rds any portion of concrete
flatwork within said right-of-way that is damaged during this activity.
72 . ELECTRICAL VAULT: The existing electrical vault, currently located within the Winchester
Boulevard right-of-way, shall be relocated within the property in question, directly behind
the public right-of-way line after the required street dedication . The Applicant shall repair
and replace to existing Town standards any portion of concrete flatwork within said right-
of-way that is damaged during this activity.
73 . SANITARY SEWER CLEANOUT : The sanitary sewer cleanout proposed along the project's
Winchester Boulevard frontage shall be constructed and installed within the property in
question, directly behind the public right-of-way line after the required street dedication.
74 . 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, and guaranteed by contract, Faithful Performance
Security and Labor & Materials Security before the issuance of a bu i lding 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. Winchester Boulevard: New curb, gutter, minimum 5-foot detached sidewalk,
minimum 4-foot park strip, pavement, street lights, tie-in paving, signing striping, and
half-street pavement reconstruction along eastern half of Winchester Boulevard.
b . Shelburne Way: New curb, gutter, minimum 5-foot detached sidewalk, minimum 4-
foot park strip, half-street pavement reconstruction along the southern half of the
roadway, 2-inch grind and overlay along the northern half of the roadway, signing, and
striping.
c. Bicycle lane: The project shall re-stripe Winchester Boulevard along the project
frontage plus necessary conform transition for adding bicycle lanes . The roadway shall
be re-surfaced prior to striping.
d. Pedestrian crosswalk: The project shall provide a corner bulb-out and a striped high-
visibility pedestrian crosswalk crossing Shelburne Way at Winchester Boulevard as
directed by Town Engineer.
e. Street lights: A new Town standard street light shall be installed on Winchester
Boulevard at the corner of Shelburne Way along the project frontage. A new Town
standard street light shall be installed on Shelburne Way along the project frontage
replacing an existing PG&E street light across the project site . The developer shall
coordinate with PG&E for the removal and installation .
75. FRONTAGE IMPROVEMENTS : The Applicant shall be required to improve the project's
public frontage to current Town Standard s. These improvements may i nclude but not
limited to curb, gutter, sidewalk, driveway approaches, curb ramp, street lighting
(upgrade and/or repaint) etc. The improvements must be completed and accepted by the
Town before a Certificate of Occupancy for any new building can be issued.
76 . ADA COMPLIANCE : The Applicant shall be required to meet all ADA standards, which must
be completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued. This may require additional construction measures as directed by
the Town .
77. UNDERGROUND PARKING GARAGE DRAINAGE: Water from the underground parking
garage shall not be discharged onto the public street. The Applicant shall design a floor
drainage system for the garage that collects all drainage and conveys runoff to the
sanitary sewer system. Connecting said drainage system to the storm drain system is not
permitted.
78 . PARKING LOTS: Parking lots and other impervious areas shall be designed to drain
stormwater runoff to vegetated drainage swales, filter strips, and/or other treatment
devices that can be integrated into required landscaping areas and traffic islands prior to
discharge into the storm drain system and/or public right-of-way. The amount of
impervious area associated with parking lots shall be minimized by utilizing design
features such as providing compact car spaces , reducing stall dimensions, incorporating
efficient parking lanes, and using permeable pavement where feasible. The use of
permeable paving for parking surfaces is encouraged to reduce runoff from the site. Such
paving shall meet Santa Clara County Fire Department requirements and be structurally
appropriate for the location.
79. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground . Underground conduit shall be provided for cable television
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.
80. 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 (X) 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 the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion of
slurry seal operations. All pavement restorations shall be completed and approved by
the Inspector before occupancy.
81. SIDEWALK REPAIR : The Developer shall repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. All new and existing
adjacent infrastructure must 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 .
82. CURB AND GUITER REPAIR : The Developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. All
new and existing adjacent infrastructure must meet Town standards. 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 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 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.
83. DRIVEWAY APPROACH: The Developer shall install two (2) Town standard commercial
driveway approaches. The new driveway approaches 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 expense and no additional
compensation shall be allowed therefore.
84. CURB RAMPS: The Developer shall construct one {1) curb ramp in compliance with ADA
Standards which 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 expense and no additional
compensation shall be allowed therefore.
85 . SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Sections 23 .10.080,
26.10.065, and 29.40.030.
86. FRONTAGE IMPROVEMENTS (TRAFFIC): The Applicant shall construct improvements
including and may not be limited to signage, striping, curb/gutter/sidewalk, ADA ramps,
pedestrian crosswalk, and street lights 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 .
87. TRANSPORTATION MANAGEMENT PLAN (TOM): The developer shall prepare a
Transportation Demand Management Plan for Town of los Gatos approval prior to the
issuance of a building permit . The TOM shall include the measures such as bicycle facility
provisions, shower facilities, transit passes and subsidies, carpool incentive, designated
car share parking, and other measures that may be required by Town Engineer. The TOM
shall also include a TOM coord inator and identify the requirement for an annual TDM
effectiveness report to Town of los Gatos.
88. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town's traffic impact policy.
89 . TRAFFIC IMPACT MITIGATION FEE : The Developer shall pay the project's proportional
share oftransportation improvements needed to serve cumulative development within
the Town of los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit is issued. 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
the building permit is issued, using a comparison between the existing and proposed uses.
This fee is currently estimated in the amount of $273,306.00.
90. 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.
91. CONSTRUCTION VEHICLE PARKING : No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public streets without
written approval from Town Engineer.
92 . 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
l imited 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. Pr ior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation , specifying dates and hours of
operation.
93 . CONSTRUCTION TRAFFIC CONTROL : All construction traffic and related vehicular routes,
traffic control plan, and app licable pedestrian or traffic detour plans shall be submitted for
review and approval by Town Engineer prior to beginning of any work.
94. ADVANCE NOTIFICATION : Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, specify
dates and hours of operation .
95 . SCHOL DROP-OFF AND PICK-UP: No construction activities affecting normal traffic flow
shall be permitted during school drop-off and pick-up periods.
96. HAULING OF SOIL: Hauling of soil on-or off-site shall not occur during the morning or
evening peak periods (between 7:00a.m. and 9:00a.m. and between 4:00p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of a building permit, the Developer shall work with the Town 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 to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand and other
loose debris.
97. 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 may authorize,
on a case-by-case basis, alternate construction hours. The Applicant shall provide written
notice twenty-four (24) hours in advance of modified construction hours. Approval of this
request is at discretion of the Town.
98 . 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. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible . The noise level at any point outside
ofthe property plane shall not exceed eighty-five {85) dBA.
99. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan sheet (full -size) within the plan
set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan,
Project Schedule, site security fencing, employee parking, construction staging area,
materials storage area(s), construction trailer(s), concrete washout(s) and proposed
outhouse location(s). Plea se refer to the Town's Co n struction Management Plan
Guidelines document for additional information .
100. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televi sed by West
Valley Sanitation District and approved by the Town of los Gatos before they are used. A
Sanitary Sewer Clean -out is required for each property at the property line, or at a
location specified by the Town.
101. 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
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve as
defined in the Uniform Plumbing Code adopted by the Town and maintain such device in
a functional operation condition . Evidence of West Sanitation District's decision on
whether a backwater device is needed shall be provided prior to the issuance of a building
permit.
102. STORMWATER 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 WDID# and
keep a current copy of the storm water pollution prevention plan (SWPPP) on the
construction site and shall be made available to the Town of Los Gatos Engineering
Division of the Parks and Public Works Department and/or Building Department upon
request .
103 . BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all
contractors are aware of all storm water qual ity 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.
104. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the stormwater 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.
105. LANDSCAPING : In finalizing the landscape plan for the biotreatment area(sL 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 i n bioretention areas in Appendix D
of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Stormwater Handbook.
106. 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 control
plans and SWPPP shall be in compliance with applicable measures contained in the
amended provisions C.3 and C.14 of most current Santa Clara County National 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. Stormwater samples are required for all discharge locations and projects
may not exceed limits set forth by the Construction General Permit Numeric Action Levels
and/or Numeric Effluent Levels. A Rain Event Action Plan (REAP) must be developed
forty-eight {48) hours prior to any likely precipitation even, defined by a fifty (SO) 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.gov/forecast) 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 Department will
conduct periodic NPDES inspections of the site throughout the recognized storm season
to verify compliance with the Construction General Permit and Stormwater ordinances
and regulations.
107. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the Town, or a minimum of three (3)
times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites in order to insure proper control of blowing dust
for the duration of the project. Watering on public streets shall not occur. Streets shall be
cleaned by street sweepers or by hand as often as deemed necessary by the Town
Engineer, or at least once a day. Watering associated with on-site construction activity
shall take place between the hours of 8 a.m . and 5 p.m . and shall include at least one {1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
108. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Deve lopment and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities .
109. SITE DRAINAGE : No through curb drains will be allowed . Any storm drain inlets (public or
private) directly connected to public storm system shall be stenciled/signed with
appropriate "NO DUMPING-Flows to Bay" NPDES required language . No improvements
shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
110. STORM WATER MANAGEMENT PLAN : A storm water management shall be included with
the grading permit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-
2015-0049, NPDES Permit No . CAS612008 . The plan shall delineate source control
measures and BMPs together with the sizing calculations . The plan shall be certified by a
professional pre-qualified by the Town. In the event that the storm water measures
proposed on the Planning approval differ significantly from those certified on the
Building/Grading Permit, the Town may require a modification of the Planning approval
prior to release of the Building Permit. The Applicant may elect to have the Planning
submittal certified to avoid this possibility.
111. 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 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 site using the
Biotreatment Soil Mix Supplier Certification Statement."
112. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment
soils provider is required and shall be given to Engineering Division Inspection staff a
minimum 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:
http://www.scvurppp-w2k.com/nd wp.shtml?zoom highlight=BIOTREATM ENT +SOl L.
113. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS : The property owner shall enter into an agreement with the
Town for maintenance of the stormwater filtration devices required to be installed on this
project by the Town's Stormwater Discharge Permit and all current amendments or
modifications. The agreement shall specify that certain routine maintenance shall be
performed by the prope rty owner 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 permits.
114. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis . Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
115. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and provided
with area drains connected to the sanitary sewer per current NPDES requirements before
a Certificate of Occupancy for any new building can be issued . Connecting said drainage
system to the storm drain system is not permitted .
116. GOOD HOUSEKEEPING : Good housekeeping practices shall 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 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.
117. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Immediately upon approval of
an encroachment permit, the Applicant shall initiate a weekly neighborhood email
notification program to provide project status updates. The email notices shall also be
posted on a bulletin board placed i n a prominent location along the project perimeter.
118. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT :
. 119. FIRE SPRINKLERS REQUIRED: 903.2 Where Required . Approved automatic sprinkler
systems in new buildings and existing buildings and structures shall be provided in the
locations described in this Section or Section 903.2.1 through 9032.18 whichever is the
more restrictive . For the purposes of this Section, firewalls used to separate building areas
shall be constructed in accordance with the California Building Code and shall be without
openings or penetrations. Note: The owner(s), occupant(s), and any contractor(s) or
subcontractor(s) are respons i ble for consulting with the water purveyor of record in order
to determine if any modifications or upgrade ofthe existing water service is required . A
State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application, and appropriate fees to this department for
review and approval prior to beginning their work. CFC Section 903.2 as adopted and
amended by LGTC.
120. 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 of record. Final approval of that system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor are documented by that purveyor as having been met by the
applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
121. HOSE VALVES/STANDPIPES REQUIRED : Hose valves/standpipes shall be installed as per
the 2013 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 podium within courtyard. CFC Sec . 905 as adopted and
amended by CUPMC.
122. FIRE ALARM REQUIREMENTS : A manual f i re alarm system shall be installed in Group B
occupancies where one of the following conditions ex ists : The Group B load is more than
100 persons above or below the lowest level of exit discharge . Alarm systems shall comply
with this code and with the currently adopted edition of NFPA 72 907.2 .2 Group B.
123 . EMERGENCY RESPONDER RADIO COVERAGE: 510.1 Emergency responder radio coverage
i n new buildings. All new buildings shall have approved radio coverage for emergency
responders within the building based upon the existing coverage levels of the public
safety communication systems of the jurisdiction at the exterio r of the building. This
section shall not require improvement of the exi sting public safety communication
systems.
124. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS: 509.1
Identification. Fire protection equ i pment shall be identified in an approved manner.
Rooms contain ing controls for air-conditioning systems, sprinkler risers and vales, or other
fire detection, suppression or control elements shall be identified for the use of the fire
department. Approved signs required to identify fire protection equipment and
equipment location shall be constructed of durable materials, permanently installed and
readily vis i ble .
125 . CONSTRUCTION FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification Sl-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chapter 33 .
126. ADDRESS IDENTIFICATION : New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background . Where required by the f i re code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response . Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 4 inches {101 .6 mm) high with a minimum stroke width of 0.5 inch (12 .7
mm). Where access is by means of a private road and the build i ng cannot be viewed from
the publ ic way, a monument, pole or other signs or means shall be used to identify the
structure . Address numbers shall be maintained . CFC Section 505.1
N:\DEV\CO NDITIONS\2017\Winchester1S 8 60-15894.docx
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Valley Oak Partners, LLC
1 I I
• I
Community Development Department
Town of Los Gatos
110 E . Main Street
Los Gatos, CA 95030
Re: 15860, 15880 and 15894 Winchester Blvd
Description of Project and Letter of Justification
Description of Project
REC.::~VED
DEC 0 J 2016
TOWN 0~ LOS CP.:fOS
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VALLEY OAK ,., PARTNERS ~
The property, located at the intersection of Winchester Blvd and Shelburne Way, consists of four parcels
totaling approximately 1.3 acres. Current land use consists of three residential homes and accessory
structures. One of the homes is a pre-1941 building. However, the Historical Preservation Committee found
that the building is not historically significant and recommended approval of the request to demolish all
structures on the property. The property is currently designated in the General Plan as Office Professional
and zoned Office . The immediately adjacent neighboring properties include multi-family residential to the
south , the Los Gatos Dog & Cat Hospital to the east, medical office across Winchester Blvd to the west, and
single family detached across Shelburne to the north. The property topography includes approximately 10
feet of fall from Winchester Blvd down to the eastern property line adjacent to the Dog & Cat Hospital.
The proposed project is for a 30,070 square foot two-story office building. The two-story office building is
consistent in massing and scale with the existing streetscape of Park Hillview Apartments and University
Oaks multi-family homes. The architecture utilizes similar low profile rooflines and natural materials, while
providing a refreshed look similar to recent Los Gatos developments such as the Los Gatos library. Large
glass openings complete the design while providing plenty of natural light and views of the hills to the east.
Parking is provided through 41 at-grade parking stalls and 87 subterranean parking stalls for a total of 128
stalls equating to 1 stall per every 235 square feet of gross floor area. Parking also includes 36 bike stalls
with showers provided on the ground and 2"d floors. The subterranean parking takes advantage of the
natural slope topography of the site. At-grade parking is accessed from Winchester Blvd and subterranean
parking is accessed via Shelburne Way. The subterranean parking would be gated.
The proposed office building has been sited to take advantage of existing tree vegetation , while addressing
sensitivity to existing neighbors. Existing trees will be retained along Winchester Blvd , Shelburne Way and
the eastern property line providing a strong visual buffer. A varying 30 to 38-foot setback to Win chester Blvd
provides space for a landscape garden to enhance the natural neighborhood ambience. In addition , the
building provides a 78-foot setback to the existing multi-family homes adjacent to the property to the south
and a 69-foot setback to the Dog & Cat Hospital to the east.
Evolution of Project
Valley Oak Partners. LLC
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The project was originally submitted as 11 single family residential homes (including two affordable homes)
and a request for a zone change from Office to Office: PD . However, based on feedback from numerous
constituencies regarding Town needs and the Town 's active discussions regarding the use of the planned
development ordinance, the application was withdrawn . After careful consideration of several land use
alternatives, the project was revised to its current proposal as office use, consistent with the general plan
and zoning . The rationale was clear: in addition to consistency with the general plan and zoning, office was
an identified need . Even further, an office building in a "mid-range footage," one that local companies could
take advantage of in their continued growth rather than moving out of the Town, was a clear need within the
existing office inventory. The location along Winchester and proximity to downtown were ideal for an office
building with these parameters.
CDAC reviewed conceptual plans in January 2016 and stated that they felt the use was appropriate for the site .
In addition, CDAC provided feedback to improve the design of the project. The following changes were made to
the project in response to CDAC comments :
• Addition of openings on east garage wall to allow natural light and ventilation into subterranean parking
level
• Addition of bike parking and showers for bicyclists to encourage alternative local transportation
• Elimination of tandem parking stalls
• Revision of white stucco walls to enhanced smooth troweled plaster in more natural/warm colors
• Addition of ramp/speedway on subterranean parking level to eliminate dead end
• Revision of roof design to ensure appropriate screening of mechanical equipment
• Addition of deck and outdoor seating to better activate Winchester Boulevard frontage
General Plan Conformance
During the initial design phase of the project, the applicant reviewed the Town of Los Gatos 2020 General Plan
to ensure conformance with applicable General Plan Policies. The project has been designed to conform with all
applicable general plan policies including:
LU-1 .2 Ensure that new development preserves and promotes ex isting commercial centers consistent with the
maintenance of a small -scale, small-town atmosphere and image.
• The proposed project, located on Winchester Blvd, provides convenient access to the Downtown Center
which will allow tenants and employees to take advantage of the Town's existing retail and services .
Furthermore, the office has been redesigned with bike parking and showers to allow tenants to take
advantage of alternative sustainable transportation methods that will provide convenient access to the
Downtown center.
LU-1.8 Commercial development of any type (office, retai l, research and development, etc.) shall be designed
in keeping with the small-town character of Los Gatos.
• The building has been designed as a low-profile roofline and smaller scale massing with large setbacks
from existing streets and neighbors. In addition, the building utilizes natural materials and warm colors.
The combination of these items is consistent with existing Town architecture and helps maintain the
"small-town character'' of Los Gatos.
LU-6.3 Protect existing residential areas from adjacent non-residential uses by assuring t hat buffers are
developed and maintained.
• The project provides oversized setbacks creating a natural buffer and sensitivity to existing neighbors.
Setbacks to existing properties on the south and east are 78 feet and 69 feet, respectively. In addition,
the project provides a varying 30 to 38-foot setback to Winchester Blvd which allows for a large
landscaping buffer helping maintain the small town feel and existing streetscape along W inchester Bl vd.
Valley Oak Partners, LLC
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LU-9.6 Encourage development that maintains and expands resident-oriented services and/or creates
employment opportunities for local residents consistent with overall land use policies of the Town .
• The proposed project creates employment opportunities for local residents to work within the Town
without having to commute to alternative cities. The proposed project is also consistent with the land
use designation of the general plan.
LU-9.9 Buffers shall be required as conditions of approval for non-residential projects that are adjacent to
residential areas and may consist of landscaping, sound barriers, building setbacks, or open space.
• The proposed building has been sited away from existing neighbors creating a large buffer through
building setbacks of 78 feet and 69 feet to the two existing neighbors. In addition , the project utilizes
landscape buffers along the two property edges to further enhance the separation .
CD-1 .1 Building elements shall be in proportion with those traditionally in the neighborhood .
• The two-story office building is consistent in massing and scale with the existing streetscape of Park
Hillview Apartments and University Oaks multi-family homes. The architecture utilizes similar low profile
rooflines and natural materials. landscape design within large setback area has multiple layers of
planting that complements neighborhood gardens.
CD-1.2 New structures, remodels, landscapes, and hardscapes shall be designed to harmonize and blend with
the scale and rhythm of the neighborhood and natural features in the area.
• In addition to the massing and scale discussed above, the project has been designed to preserve
existing trees along the property boundaries (including Winchester Blvd). This preservation maintains
the integrity of the existing streetscape and visual appeal of the property . The building has also been
designed to take advantage of the existing slope topography allowing the subterranean parking to be
tucked under the building below grade with access from Shelburne Way.
CD-3.7 Roof mounted mechanical equipment shall be screened and such screening shall be considered as part
of the structure for height limitations.
• The roof has been revised to include a mechanical well that screens all equipment from public view. All
equipment has been included in height determination .
TRA-6.5 Require bicycle parking in private parking lots, and provide bicycle parking in all public lots in the
Downtown
• The project has been revised to include bicycle parking in the parking lot and now also includes
showers as an additional amenity for bicyclists .
TRA-9 .5 Alternative transportation means shall be required whenever the traffic generated by a development
would result in a significant increase in air pollution, traffic congestion, or noise.
• As mentioned above, project has been revised to include bicycle parking and showers allowing people
to bike to work and also take advantage of the close proximity to downtown . In addition , the project is
adding a bus stop along the property frontage as another alternative transportation means for
tenants/employees to utilize.
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Hello Jocelyn -
We had ten attendees (see attached sheet). Two of the attendees would not sign
the attendance sheet. I believe the tone of the meeting was fairly positive w ith
good questions . The th ree speakers w ith the bulk of the questions we re as
follows:
Bryan Mekechuh lives on Via Sereno and had concerns about the project. He
listed numerous concerns including : (i) traffic impacts on Winchester; He wants
the access on Winchester to be right-in/right-out only and wants Shelburne Way
to become right-in/right out only as well; does not want Shelburne to become
signalized , (ii) concerns about school kids crossing the street mid-block due to
our development, (iii) building massing is too large and blocked his view, (iv)
concern about the second floor balcony/deck on the proposed office building
violating his privacy. Follow up questions and answers to him did not assuage
these concerns . For instance, we informed him that the deck faces the opposite
direction of Via Sereno and does not wrap around the front of the building, but
this did not alleviate his concern.
Andrew Spyker and Georgina Van Horn
They live adjacent to the property in University Oaks and had questions abo.ut
edge conditions along the south side of the property (against their property). I
agreed to send out a surveyor to get actual conditions in order to create an
exhibit that incorporates both site conditions on their side of the property and our
project to give a better visual representation of the as-built condition along their
property line . I agreed to a follow up meeting with them to present this exhibit and
discuss any remaining concerns .
The rest of the attendees had basic questions and seemed comfortable with the
project. Let me know if you have any additional questions.
Doug
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