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15860, 15880, 15894 Winchester Blvd - Staff Report and Exhibits 21-27PAGE 2 OF 6 SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003 APRIL 21, 2017 A. Architecture The Planning Commission gave direction to the applicant to consider making the following modifications to the design of the building: • Modify the color of the exterior plaster and incorporate the use of more natural materials like stone or wood; • Reduce the height of architectural elements that add to the mass of the building; and • Address features that increase the perceived height of the building. The applicant made the following modifications explained in the summary of changes document and addendum, dated March 14, 2017 and April 7, 2017 (Exhibits 23 and 24). The amount of exterior plaster that was previously proposed was reduced along all of the elevations, in addition to modifying the color to more of an earth tone. Additional wood siding was added to the elevations to strengthen the residential feel of the building. The previous proposal included two tower features along the front elevation. The applicant has eliminated one tower with one remaining towards the southern property line that is required for a stairwell and roof access. The applicant modified the southern elevation to step down to a single-story element with a maximum height of 20 feet. Lastly, the applicant modified the roof style along the northern portion of the building from a front-to-back gable roof with a peak ridgeline to a shed roof. The maximum height of the building is still proposed at 35 feet through the center ridgeline of the building; however, the wall plane heights at the southern and northern elevations were reduced between four feet and 10 feet due to the modification from a front-to-back gable roof to a shed roof (Exhibit 28, Sheet A2.0). B. Site Design The Planning Commission gave direction to the applicant to consider making the following modifications to the siting of the building on the property: • Set the building back an additional10 feet towards the rear of the property; • Add a solid wall fence along the southern property line adjacent to the residential use; and • Relocate the exhaust fan. As explained in the summary of changes and addendum (Exhibits 23 and 24), the applicant set the building back towards the rear of the property an additional six feet, resulting in a proposed front setback of 35 feet, nine inches; where 25 feet is required by Town Code . Pushing the building back 10 feet would result in the elimination of the existing trees along the eastern property line and would create drainage and water treatment challenges. In addition, the decorative metal panel along the perimeter edge of the surface parking lot N:\DEV\PC REP ORTS\2017\Winchesterl5860-15894 04.26.17.docx 4 /21/2017 10:21 AM PAGE 3 OF 6 SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003 APRIL 21, 2017 was replaced with a 42-inch tall masonry wall to address the adjacent neighbor's concerns regarding the reflections of vehicle headlights and to provide an additional level of protection against vehicles. Lastly, the exhaust fan was relocated from the southern property line and is now proposed to be vented vertically through the roof of the building. C. Landscaping The Planning Commission gave direction to the applicant to address the following landscape concerns: • Clarify the discrepancy with the plan set and the Consulting Arborist's report; and • Retain more trees . The applicant modified Sheet L-2 of Exhibit 28 to address previous discrepancies of tree numbering with the Consulting Arborist's report previously included as Exhibit 7. In order to set the building back an additional six feet to the rear of the property, tree #25, a 17-inch Coast Live Oak tree and tree #40, a 16-inch Valley Oak tree are now proposed to be removed. However, tree #8, a six-inch Coast Live Oak tree that is located along the front elevation is now proposed to be retained . The applicant is also proposing the addition of three new 24-inch box trees along the front elevation to help screen the building from Winchester Boulevard (Exhibit 23). D. Traffic Planning Commissioners expressed concerns with vehicles exiting left out of the surface parking lot onto Winchester Boulevard, and asked whether a crosswalk or traffic signal should be installed at Winchester Boulevard and Shelburne Way. The applicant's traffic consultant, Hexagon Transportation Consultants, Inc. submitted a memorandum in response to the above concerns of the Commission (Exhibit 26). The traffic consultant stated that prohibiting left turns from the surface parking lot onto Winchester Boulevard is not recommended because the diverted traffic would impact the surrounding residential streets, including Via Sereno and Bruce Avenue. Hexagon stated that vehicles unable to turn left onto Winchester Boulevard would exit north on Winchester Boulevard and immediately turn left onto Via Sereno to complete a three-point turn or legal u-turn in order to travel south on Winchester Boulevard (Exhibit 26). Similarly, vehicles traveling north along Winchester Boulevard that are unable to turn left into the surface parking lot may use Bruce Avenue to complete a three-point turn or legal u-turn in order to be able to turn right into the surface parking lot. According to the traffic consultant, "such maneuvers would unnecessarily add traffic impacts to Via Sereno and Bruce Avenue ." N:\DE V\PC RE PORTS\2017\ Winchester15860-15894 04.26.17 .do ex 4 /21/2017 11:02 AM PAGE40F6 SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16 -003 APRIL 21,2017 Hexagon does not recommend the installation of a crosswalk or signal at the intersection of Shelburne Way and Winchester Boulevard as it is not warranted by the traffic volume, delay, pedestrian volume, and accident history. In addition, a traffic signal with crosswalks is located one block away at Daves Avenue (Exhibit 26). Parks and Public Works staff and the Town's traffic consultant, TJKM have reviewed the letter prepared by Hexagon and agree with the findings of the letter. Parks and Public Works staff and TJKM will be available at the Planning Commission meeting to answer additional questions the Commission may have. E. Neighborhood Outreach The Planning Commission gave direction to the applicant to continue outreach meetings with the neighbors. In response to the Commission's direction, the applicant met with the neighbors twice to discuss changes to the project on February 16, 2017 and March 2, 2017. The meeting attendees for the February 16, 2017 meeting are included as Exhibit 25 and additional correspondence that occurred after the neighborhood outreach meetings are included as Exhibit 27 . F. Conditions of Approval Due to the modifications to the project, Building and Engineering conditions of approval have been modified to reflect the revised project. Revised conditions of approval are included in Exhibit 22 with the modifications provided in bold font and the deletions shown in strikethro~gh font. PUBLIC COMMENTS: Public comments and neighborhood correspondence attached as Exhibit 27. CONCLUSION: A. Recommendation Should the Planning Commission determine that the project revisions meet the direction provided at the January 25 , 2017 meeting, the Commission can make the findings (Exhibit 21) to approve the Architecture and Site application and Subdivision application as outlined in the January 25, 2017 staff report with revised conditions of approval attached as Exhibit 22. 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Exhibit 1 and 13); N:\DEV\PC REPORTS\2017\ Winchester15860-15894 04.26.1 7.docx 4/21/2017 11:02 AM PAGE 5 OF 6 SUBJECT: 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003 APRIL 21,2017 2. Make the required finding that the project complies with the Commercial Design Guidelines (Exhibit 21); 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 (Exhibit 21); 4. Make the required findings as required by Section 29 .10.09030(e) of the Town Code for granting approval of the demolition of existing structures (Exhibit 21); 5. Make the required findings as required by Section 66474 of the Subdivision Map Act (Exhibit 21); and 6. Make the required considerations as required by Section 29 .20.150 ofthe Town Code for granting approval of an Architecture & Site application (Exhibit 21); and 7. Approve Architecture & Site Application S-16-023 and Subdivision Application M-16-003 with the conditions contained in Exhibit 22 and the development plans in Exhibit 28. B. Alternatives Alternatively, the Commission can: 1. Continue the matter to a date certain with specific direction; or 2. Approve the applications with additional and/or modified conditions; or 3. Deny the applications. EXHIBITS: Previously received under separate cover : 1. Mitigated Negative Declaration Previously received with January 25, 2017 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, received March 3, 2016 (three pages) 6. Neighborhood Meeting Outcome and Attendees, received September 13, 2016 (two pages) 7. Consulting Arborist's First Report, dated February 12, 2016 (46 pages) 8. Consulting Arborist's Second Report, dated June 10, 2016 (seven pages) 9. Consulting Arborist's Addendum, dated July 22, 2016 (two pages) 10. Consulting Architect's Report, received May 5, 2016 (three pages) 11. January 13, 2016 Conceptual Development Advisory Comm ittee Meeting Minutes 12 . Public Comments and Responses Regarding the Mitigated Negative Declaration 13. Mitigation Monitoring and Reporting Program , dated January 5, 2017 14. Public Comment 15 . Development Plans, received January 5, 2017 (29 pages) N:\DE V\PC REPORTS\2017\Winchester15860 -15894 04.26.17.docx 4 /21/2017 10:21 AM PAGE 6 OF 6 SUBJECT : 15860-15894 WINCHESTER BOULEVARD/S-16-023, M-16-002, and ND-16-003 APRIL 21, 2017 Previously received with January 25, 2017 Addendum Report : 16. Public comments received between 11:01 a.m., Friday, January 20, 2017 and 11:00 a.m., Tuesday, January 24, 2017 17. Additional information provided by the application, received January 24, 2017 (two pages) 18. Project information sheet provided by the Parks and Public Works Department, received January 24, 2015 (four pages) Previously received with January 25, 2017 Desk Item Report : 19. Public comments received between 11:01 a.m. Tuesday, January 24, 2017 and 11:00 a.m . Wednesday, January 25, 2017 (four pages) Previously received with March 22, 2017 Staff Report: 20. Communication from the applicant, received February 21, 2017 (misidentified as Exhibit 16 in the March 22, 2017 Staff Report) Received with this Staff Report : 21. Revised Required Findings and Considerations 22 . Revised Conditions of Approval (21 pages) 23. Project Submittal Summary of Changes, received March 14, 2017 (two pages) 24. Project Submittal Summary of Changes-Addendum, received April7, 2017 {12 pages) 25. February 16, 2017 Neighborhood Meeting Attendees, received February 17, 2017 (two pages) 26. Applicant's Traffic Consultant Letter, received March 31, 2017 (three pages) 27 . Publ ic Comment received between 11:01 a.m., Wednesday, January 25, 2017 and 11:00 a.m., Friday, April 21, 2017 28. Revised Development Plans, received March 14, 2017 (28 sheets) Distribution : Doug Rich, Valley Oak Partners, 734 The Alameda, San Jose, CA 95126 South Beach Partners LLC and Cumulus Capital Holdings LLC, 125 South Market Street, Su ite 1250, San Jose , CA 95113 N:\DEV\PC REPORTS\2017\Win chester15860-15894 04.26.17.docx 4 /21/2017 10:21 AM PLANNING COMMISSION -April 26, 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 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 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. JEXHIBIT 2 1 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 . Required findings to deny a Subd i v i sion appl ication: • As requi r ed by Section 66474 of the State Subdivision Map Act the map shall be denied if any of the following findings are made: None of the findings could be made to deny the application. Instead, the Planning Commission makes the following affirmative findings : a. That the proposed map is consistent with all elements of the General Plan . b. That the design and improvement of the proposed subdivis ion is consistent with all elements of the General Plan . c. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development e. That the design of the subdivision and the proposed improvements are not likely to cau se substantial envi ronmental damage nor substantially and avoidably injure fish or wildlife or their habitat f. That the design of the subdivision and type of improvements is not likely to cause ser ious public health problem s. g. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large , for access through or use of, property within the proposed subd ivi sion . CONSIDERATIONS Required considerations in revi ew of Ar chitecture & Site applications: • As required by Section 29.20.150 ofthe Town Code, the considerations in review of an Architecture and Site application were all made in reviewing th is project. N:\OEV\FINDINGS\2017\ Winch est e r l5860·15894 DOCX PLANNING COMMISSION-April 26, 2017 CONDITIONS OF APPROVAL 15860-15894 Winchester Boulevard Architecture and Site Application S-1 6-023 Subdivision Application M-1 6-002 Mitigated Negative Declaration ND-16-003 Requesting approval to demolish three existing single-family residences, remove a second unit, remove large protected t r ees, 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 ofthe 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 is suance 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 construct ion. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no EXHIBIT 2 2 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 designated 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 dirt-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 minutes. Clear sign age 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 demolition, site grading, excavation, and building construction activities in order to minimize exposure to NOx and PM10. The on-site field supervisor shall monitor construction emission levels within five feet of the property line of the adjacent residences for NOx and PM10 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 Air 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 bird season (February 1 to August 31), or if construction activities are suspended for at least two weeks and recommence during the nesting bird season , then the project developer shall retain a qualified biologist to conduct a pre-construction survey for nesting birds. The survey shall be performed within suitable nesting 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 ofthe 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 of the project's energy needs. Plans shall incorporate any combination of the 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 build i ng . Any roof used to shade or cover parki ng must have an SRI of at lea st 29 and/or have solar panels . 20. HAZARDS AND HAZARDOUS EMISSIONS MITIGATION MEASURE HZ-1 : Prio r to the is suance of a demolition permit, the project applicant shall conduct sampling and testing of the exis ting building to determine the extent and p resence of asbestos-containing building materials on the site. If measured levels exceed established thresholds, a work plan shall be developed and i mplemented to remove and dispose of the lead -containing materials in accordance with the establi shed regulat ions . 21. COMPLIANCE MEMORANDUM : A memor andum shall be prepared and submitted with the building plan s 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 nece ssary. 23. CONDITIONS OF APPROVAL : The Conditions of Approval must be blue-lined in full on the second sheet of the con struction plan s. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be address ed . 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 sati sfaction 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 Ai r Quality Management District Applications from the Building Department Service Counter. Once the Demolition Forms have been completed , all signatures obtained, and written verificat ion 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, exist in g 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 ca lcu lations 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 calculat ions 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 th e proj ect build ing inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soil s 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 (st icky-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 Or dinance 6.50.025. Plea se provide informat ion on the plan s if a backwater valve i s required and the location of the installation . The Town of los Gatos Ordinance and West Valley Sanitation Di strict {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 Cla ss A Roof Assemblie s. 33 . SPECIAL INSPECTIONS : When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an in spection program that shall be submitted to the Building Official for approval prior to issuance of the building permit . The Town Special Inspection form mu st be completely filled-out, signed by all r equested parties, and be blue-lined on the con struction plans . Special Inspection forms are available from the Bu i lding Division Service Counter or online at www.lo sga to sca.gov/bu i ld i ng 34. NON POINT 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 subm ittal as the second or third page. The spe ci fication sheet is available at the Building Divi sion Service Counter for a fee of $2 or at San Jo se 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 th is data differs significantly from any Planning approvals, the Town may require recertification of the project's storm water treatment faci lities prior to relea se of the Building Permit . 36. GREEN BUILDING STANDARDS : This project must, at a minimum, be in compliance with the Nonresi dential Mandatory Measures of the current California Green Buildin g Standards Code (CGBSC) and all subsequent Amendments. a. Bicycle Parking: Per CGBSC Section 5 .106.4.1.1 provide twenty {20} permanently anchored bicycle racks (= 5% of motorized vehicle parking) for short-term bicycle parking or ten {10} two-bike capacity racks. Per CGBSC Section 5 .106.4.2 p rovide secure bicycle lockers for twenty (20) bicycles(= 5% of motorized vehicle parking). Note: Providing showers, changing rooms, and clothes lockers in each building is a voluntary amenity to be con si dered. b. Designated Parking : Per CGBSC Section 5.106.5 .2 provide designated parki ng 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 pa r king or a minimum of 32 spaces . c. Electric Veh i cle 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 charg ing 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 lea st one accessible route within the boundary of the site shall be provided from public transportation stops, acce ssible parking and accessible passenger load i ng 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 lea st 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 acces sible route of travel from adjacent pa r king to an accessible entrance. In buildings with multiple accessible entrances with adjacent parking, accessible parking space s 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 Divis ion : Jocelyn Puga at (408) 399-5706 b . Eng i neering/Parks & Public Works Department: Mike Weisz at 395-5340 c. Santa Clara County Fire Department : (408) 378-4010 d. We st Valley Sanitation District : (408) 378-2407 e. Bay Area Air Quality Management District: (415) 771-6000 f. Loca l 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 i ssuance . 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 . ~or the exterior decl</balcony, the occupant load will be calculated at 15 square feet per occupant. Please consider di· .. iding the balconies with permanent railings to limit the balcony areas to less than 750 square feet in order to avoid the requirement for t~t•.·o compliant exits i n anticipation of unknown future tenant impro\·ement layouts. c. The exterior exit stairway from the parking garage is less than 10 feet f r om 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 possible solution would be to enclose the stairway in a one-hour rated enclosure. Another option is to move the stairway i nto the large fan room area . d. The parking garage exha~st fan vent terminates 10 feet from the adjacent property line as reEt~ired. l=fowever, per 201€3 California Mechanical Code Section 502.2 .2, the fan o~tlet m~st terminate 10 feet above the adjoining grade. In order to avoid a chimney like element at the location shown, an option to consider wo~ld be to provide an exha~st d~ct across the parking garage ceiling and ~p thro~gh an elevator lobby chase and ~p thro~gh 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 issued 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 of the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans . Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 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 responsibility of the Applicant/Developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas 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 Parks 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 Public Works Department prior to the issuance of any permit. 45. PUBLIC WORKS INSPECTIONS : The Developer or their representative shall notify the Engineering Inspector 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, driveways, 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 addit ional 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 verify existing 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 Parks 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 Registered 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 l isted 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 walllocation(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 Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street, is needed for grading within the building footprint . 53. DRIVEWAY : The driveway conforms to existing pavement on both Winchester Boulevard and Shelburne Way shall be constructed in a manner such that the existing drainage patterns will 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 is suance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre-con struction meeting with the Town Engineer to di sc uss 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 condition s 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 po sted on -site at all times during con struction. 59 . RETAINING WALLS : A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls . Walls are not reviewed or approved by the Engineering Division of Park s and Public Works during the grading permit plan review proce ss. 60. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two (2) copies of the legal de scription for exterior boundary of the merged parcel and a plat map {8-~ in. X 11 in.) shall be submitted to the Engineering Divi sion of the Parks and Public Works Department for review and approval. The submittal shall include clo sure calculations, title reports les s 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 iss ued: 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 ea sement 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 standards governing site grading, drainage, pavement de sign , retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code . 6 3 . GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining wall s, concrete slab-on-grade con struction, 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 plan s to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendat ions and the peer review comments. Approval ofthe 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 excavation s 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 i n the recommendations contained in the report, if nece ssary. The results of the construction ob servation and testing shall be documented in an "as-built" letter/report prepared by the Applicant's soils engineer and submitted to the Town before final release of any occupancy permit i s granted . 66. SOIL RECOMMENDATIONS : The project shall i ncorporate the geotechnical/geological recommendations contained in the Preliminary Geotechnical Investigation by Cornerstone Earth Group, dated September 21 , 2015, and any subsequently required report 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 pe r mit. The Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfact ion 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 joi nt 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 billing will by Rule LS2A, and that private lights shall be metered with billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans. 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 standards 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 building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Winchester Boulevard : New curb, gutter, minimum 5-foot detached sidewalk, minimum 4-foot park strip, pavement, street lights, tie-in paving, signing striping, and l=talf street pavement reconstr~:~ction 2-inch grind and overlay 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 Standards . These improvements may include 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 App licant 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 sy stem . 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 storm water 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 d i mensions, 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 build i ng 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 nece ssary 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 ofthree (3) inches, meet Town standards, or shall match the exi sting thic kness, whichever is greater. The final lift shall be 1.5-i nches of one-half (X ) inch medium asphalt . The initiallift(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 ofthe 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 GUTTER 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 coordinator and identify the requirement for an annual TOM 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 of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit 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 lim.ited to, the following measures : a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b . Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation . c. Prior to construction, advance notification of all affected resident s 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 appl icable pedestrian or traffic detour plan s shall be submitted fo r review and approval by Town Engineer prior to beginning of any work. 94. ADVANCE NOTIFICATION : Advance notification of all affected re sidents and emergency services shall be made regarding parking restriction, lane clo sure 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 Park s and Public Works. Prior to the is suance 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 provi ding additiona l 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 si te improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00a.m. to 8 :00p.m ., weekdays and 9 :00a.m. to 7:00p.m . weekends and holidays . The Town may a uthorize, 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 th i s request is at discretion of the Town. 98. CONSTRUCTION NOISE : Between the hours of 8:00a .m . to 8 :00p.m., weekdays and 9:00 a.m . to 7:00p.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 . lfthe device is located within a structure on the property, the measurement shall be made at distances as clo se to twenty-five (25) feet from the device as pos sible. The noi se leve l at any point outside of the 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 (fu ll -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 sta ging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locat ion(s). Please refe r to the Town's Co nstru ctio n M anagemen t Pl an Gu ide li ne s document for additional information . 100. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used . 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 ofthe 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 r~quired to provide proof of WOlD# 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 reque st. 103. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented . Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection . Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders. 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(s), it is recommended that the landscape architect ensure that the characteristics of the selected plants are similar to those of the plants listed for use in bioretention areas in Appendix 0 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 {50) percent or greater probability as determined by the National Oceanic and Atmospheric Administration (NOAA), and/or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.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 thi s con struction activity shall be cleaned and swept on a daily basi s during the workweek to th e satisfaction of the Town . Demolition or earthwork activities shall be halted when w i nd speed s (instantaneou s gusts) exceed twenty-five (25} miles per hour {MPH). All trucks hauling soil, sand , or other loose debri s shall be covered . 108. CONSTRU CTION ACTIVIT IES: All con struction shall conform to the latest requirements of the CASQA Stormwater Be st Management Practice s Handbooks for Construction Activitie s and New Development and Redevelopment, the Town's gradin g and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking con struction activities. 109. SITE DRAINAGE : No throu gh curb drains will be allowed . Any storm drain inlets (publ ic or private) directly connected to public storm system shall be stenciled/signed with appropriate "NO DUMPING -Flow s to Bay " NPDES required language . No improvements shall ob struct or divert runoff to the detriment of an adjacent, down stream or down slope prop erty. 110. STORM WATER MANAGEMENT PLAN: A storm water management shall be included with th e grading permit application for all Group 1 and Group 2 projects as defined in the am end ed provi sions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2- 2015-0049, NPDES Permit No . CAS612008 . The plan shall delineate source control mea sure s and BMPs together with the sizing calculations . The plan shall be certified by a profess ional pre-qualified by the Town. In the event that the storm water measures proposed on th e Planning approval diffe r significantly from those certified on the Buildin g/G ra din g Permit, the Town may require a modification ofthe Planning approval prior to relea se of the Building Permit. The Applicant may elect to have the Planning submittal ce rtified to avoid thi s possibility. 111. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the storm wate r mana gem ent pl an : "The biotreatment soil mi x u sed i n all stormwater treatm e nt land scape s sh all comply with the specification s in Attachm e nt L of the MRP. Proof of compliance shall b e submitted by th e Contractor to the Town of Lo s Gato s a minimum of thirty {30) days prior to delivery of the material to the job site usin g the Biotreatment Soil Mix Supplier Certific ation Statement ." 112 . STORM WATER MANAGEMENT PLAN CERTIFICATION : Certification from the biotreatment soil s provider is required and shall be given to En g ine ering Division In spection staff a minimum of thirty {30} days prior to delivery of the material to the job site. Additionally delive r tag s from the so il mi x shall also be provided to Engine er i ng Division Inspection staff. Sample Ce rtification can be found h ere : http://www.s cv urpp p-w2k.c om/nd w p.shtml ?zoo m hig hli ght =BIOT REATME NT+SO IL. 113. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENAN CE OBLIGATION S: The property owner shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be in stalled on thi s project by the Town's Stormwater Di scharge Permit and all current amendments or modification s. The agreement shall specify that certain routine maintenance shall be perform ed by th e property owner and shall specify device maintenance reportin g requirements. The agreem ent shall al so specify routine in spection requirements, permits and p aym ent of f ees. Th e ag re e m ent shall be re corded, and a co py of th e r ec orded 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 in 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: 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 responsible for consulting with the water purveyor of record in order to determine if any modifications or upgrade of the 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 respon sibility 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 enclo sure(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 fire alarm sy stem shall be installed in Group B occupancies where one of the following conditions ex ists : The Group B load is more than 100 perso n s 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 : Emergency responder radio coverage in 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 sa fety communication sy stems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication sy stem s. 124. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS: Fire protec tion equipment shall be identified in an approved manner. Room s containing control s for air-conditioning sys tems, sprinkler ri sers and vale s, or other fire detection, suppress ion or control elements shall be identified for the u se of the fire department. Approved sign s required to identify fire protection equipment and equipment location shall be constructed of durable material s, permanently installed and readily visible . 125. CONSTRUCTION FIRE SAFETY : All construction sites mu st comply with applicable provision s of the CFC Chapt er 33 and our Standard Detail and Specification Sl -7 . Provide appropriate notations on subse quent plan submittals, as appropriate to the project. CFC Chapter 33. 126. ADDRESS IDENTIFICATION : New and existing buildings shall h ave approved address numbers, building numbers or approved building identification placed in a position that is plainly l eg ible and vi sible from the street or ro ad fronting the property. These numbers shall co ntras t with their background. Where r equired by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency r es ponse . Addre ss numbers shall be Arabic numbers or alphab etical letters. Numbers shall b e a minimum of 4 in c he s (101.6 mm) high with a minimum stroke width of 0 .5 inch (12.7 mm). Where acce ss is by mean s of a private road and the building cannot be viewed from the public way , a monument, pole or other sig n s or means shall be u se d to identify th e structure. Address numbers shall be maintained. CFC Section 505.1 N :\DE V\CONDITIONS\2017\Win che ster Blvd 15860 -15894.docx This Page Intentionally Left Blank Valley Oak Partners, LLC 7'l4 The 1\larnE:cl< ~'·'Ill .Ju~. C/1 'IJl/1 lr l I.(J8/R:? 9/0r: March, 14, 2017 Community Development Department Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re : 15860, 15880 and 15894 Winchester Blvd Project Submittal Summary of Changes Ms. Puga: m m VALLEY OAK ,., PARTNERS ~ The following is a summary of changes made to the project as part of the resubmittal made March 14, 2017: 1 . Shifted building away from Winchester We examined pushing the building back and determined that we could push the building an additional 6 feet away from Winchester Blvd. Pushing beyond this distance would result in elimination of all trees along the eastern property line and create drainage and water treatment difficulties. By pushing back 6 feet, we were able to increase our setbacks from Winchester to 35 .9' at the corner of Shelburne and 44.4' across the front of the building (vs. a required 25 feet). Pushing the building back 6 feet did result in the elimination of two additional trees (#25 and #40). However, we were able to save one additional tree along the front of the building that was previously marked for removal (tree #8) strengthening the visual landscape appeal along Winchester Blvd with the addition of the tree in front. 2 . Reduction in Height We took a step back and relooked at how to approach reducing height along Winchester. As we examined the building, we realized that the center section of the building will be concealed by the large existing trees we are retaining (#8, 9 , and 16), as well as the Shelburne side (#2 and 3). There were however two "windows" between these existing trees that required rethinking and architectural changes. The first change we made was to change the roof style along the northern portion of the building from a front-to-back gable roof with a peak ridge line to a shed roof running south to north . This created a substantial reduction in peak height along this portion of the building (from 32'2" down to 24 '1 0") and also reduced the eave height slightly from 25'6" down to 24'10". We then looked at the southern portion of the building along the University Oaks and determined a redesign was needed . By shifting the elevator shaft and bathroom locations inward, we were able to redesign the southern portion of the building into a single story element with a max height less than 20'. This area extended the building away from the Shelburne side an additional 16.5' so that the two-story element of the building how starts 94.5" away from the southern property line (vs a prior 78'). 3 . Elimination of "tall" architectural features We eliminated several of the "tall " architectural features including one of the shed roof towers (the only remaining one is now toward the south and necessitated by our stairwell and roof access requirements. We also eliminated one of the pop-up "chimney" towers along the southern rear of the building. EXHIBIT 2 3 Valley Oak Partners, LLC 'I U1 .lit! ~I n (li, : o '''L l/ '.!>lL< I ! I lid ~~~ ,"/(1[1 v\'\'1\V ,.,,II l'n<,kp. • tn J • cnoo, 4. Change in building materials We added a substantial amount of the wood siding material, eliminating plaster areas, while also changing the style of siding. For the remaining plaster areas, we darkened the color. The result is a building that has a strengthened residential feel, with the colors and materials created a much more natural, earthen feeling . 5. Relocation of subterranean garage vent We moved the vent location away from the southern property line and are now venting vertically through the stairwell location within the building up through the roof 6. Decorative Metal Panel Per our statement at the prior hearing, we eliminated the decorative metal panel running along the perimeter edge of the parking structure and replaced with a 42" masonry wall. This will serve the dual purpose of eliminating a ny perceived headlight issues, while adding an additional level of protection against vehicles accidentally driving over the edge of the parking structure. 7 . Additional new tree plantings While not able to retain any additional existing trees , we were able to add three additional new tree plantings. These were strategically located along the front of the building to help accomplish the suggestion by commissioners that the landscaping help screen the building and let the building "disappear." 8 . Updated the plan sheets to match the Arborist Report #5 dated June 10 , 2016 Summary Tree Table. Arborist Report #6 dated July 22, 2016 did not include a tree table (provided pruning and sidewalk installation guidelines), and Report #5 is the most recent table. Please let us know if you have any questions regarding the changes . Regards, Doug Rich Valley Oak Partners, LLC April 7, 2017 Community Development Department Town of Los Gatos 11 0 E . Main Street Los Gatos, CA 95030 Re: 15860, 15880 and 15894 Winchester Blvd Project Submittal Summary of Changes-Addendum Ms. Puga: RECE IVED APR 07 7017 TOWN OF LOS GATOS PLA.NNING DIVISION m m VALLEY OAK ,.. PARTNERS ~ Our March 14 , 2017 letter summarized many of the changes made to th e project in response to comments made by Commissioners and neighbors at the January 25, 2017 hearing. As a companion to the letter, we felt that it would be helpful to include a visual summary of the changes made showing a before and after. Such presentation accompanies this letter. In addition, we wanted to address several additional comments made at the January 25,2017 hearing : 1. Meet with Neighbors to discuss plan revisions We held a community meeting on February 161h and a follow-up meeting on March 2"d. The meetings were collaborative and resulted in many of the changes reflected in the plans . Not every request by neighbors could be accommodated, but many were and resulted in project improve ments. This has been a wonderful group to interact with and a great example of how a process should be run . Reflects extremely positive on the quality of citizens within th e Town . 2. Meeting with Safe Routes to Schools We met with Safe Routes to School Coordinator Karen Briones and reviewed the project details, driveway locations, and Winchester frontag e improvements. We discussed traffic circulation relative to Walk 'n Roll school route s along Winchester and surrounding area. Kare n felt that the improvements (particularly the bulbouts for crossing Shelburne) would enhance the route to sc hool and did not express any co nce rns with project design . Regards, Doug Rich Attachment: Visual Summary of Project Revisions EXHIBIT 2 4 This Page Intentionally Left Blank WINCHESTER BLVD. OFFICE -LOS GATOS, CA li~:~I~~~ Summary of Project Revisions !:~BkF EliCOMlU ' Sulvno~s •P'lMNUS Jocelyn Puga To: Doug Rich Subject: RE: Thank you From: Doug Rich [mailto:douq@valleyoakpartners.com] Sent: Friday, February 17, 2017 1:19PM To: Jocelyn Puga Subject: Re: Thank you Meeting attendees attached. Doug Rich Valley Oak Partners, LLC 734 The Alameda 1 San Jose, CA 95126 T 408.282.0995 I F 408.282 .9797 I c 925 .570.4593 EXHIBIT 2 5 1 jiiili"' ~ Mr. Doug Rich Ma rch 31 , 2017 Page 3 of3 to avoid blocking other driveways where left turns currently are allowed . Small islands can create safety issues because motorists do not expect them and/or do not see them , and they can lose control upon striking an island. Also, because small islands get hit often , they require frequent maintenance. 2. Should a crosswalk or signal be installed at Shel burne/Winchester? Response : Hexagon does not recommend a crosswalk or signal at the intersection of Shelburne Way and Winchester Boulevard . Reasons for this recommendation include : (i) a traffic signal is not warranted, (ii) a traffic s ignal could create unintended consequences , and (iii) a traffic signal with crosswalks is located one block away at Daves Avenue. SIGNAL WARRANT Traffic signals are expensive to install and operate, and they can actually increase delay and accidents if used in the wrong situation . Therefore , the traffic engineering community has established a set of criteria , called "warrants," that should be met before a signal is considered. The warrants consider traffic volume, delay, pedestrian volume, and accident history. The warrants have been checked for Shelburne Way at Winchester Boulevard, and none of the warrants would be met at that intersection . Therefore, a traffic signal is not recommended. UNINTENDED CONSEQUENCES Along with a traffic signal , standard signalized intersection design dictates that a left turn pocket would need to be installed at Shelburne Way. The left turn pocket at Shelburne Way would mean that left turns would need to be cut off at Via Sereno . Therefore , one consequence of a signal at Shelburne is that left turns would no longer be allowed at Via Sereno. Also , a signa l would encourage school children to cross Winchester Bou levard at Shelburne Way rather than at Daves Avenue where there is a crossing guard. Either the school would need to spend extra money to supply a second crossing guard , or children would have to be discouraged from cross ing at Shelburne Way. WALKING TO SCHOOL The Commission was concerned about the safety of school children walking to Daves Avenue School. Hexagon believes that adequate safety for children already is provided by the traffic signal at Daves Avenue. This signal has pedestrian s ignal heads and is augmented with a crossing guard before and after school. If you have any questions, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. Gary K . Black President This Page Intentionally Left Blank Jocelyn Puga From: Sent: To: Bryan Mekechuk <bryan.mekechuk@comcast.net > Wednesday, February 08, 2017 9:20AM 'Doug Rich ' Cc: Subject: 'Andrew Spyker'; 'Georgina Van Horn'; 'Shauna Prout Garzee'; Jocelyn Puga Los Gatos -VT A Changes/Next Network Hi Doug, I would like you to be aware of proposed changes to the current bus routes and schedules in Los Gatos. Here is an e- mail that I received from the Town of Los Gatos: The Town's Transportation and Parking Commission will be hosting a presentation by the VTA as part of its meeting on Thursday at 6pm in the Town Council Chambers. Take this opportunity to find out about the plan and provide your input. The meeting agenda can be found here: http://www.town .los-qatos .ca.us/AqendaCe ... More information on the VTA program , called the Next Network , can be found here : http ://www.vta.org/projects-and-proqrams ... Best regards , Bryan Bryan Mekechuk 408.655.0400 1 EXlllBIT 2 7 Jocelyn Puga From: Sent: To: Cc: Subject: Bryan Mekechuk < bryan.mekechuk@comcast.net > Wednesday, February 08, 2017 4:48PM 'Doug Rich' 'Andrew Spyker'; 'Georgina Van Horn '; 'Shauna Prout Garzee'; lindalanzl@gmail.com; karenvincent@msn.com; kurtzk@ comcast.net; sfrollin@gmail.com; sinclair.joanne@gmail.com; 'A KUMAR '; joannepeth@gmail.com; hudpony1@gmail.com; brcarrlO@gmail.com; Jo celyn Puga RE: 15860-15894 Winchester Blvd -Follow Up Meeting My apologies for not being clear-I'm looking for cross sections of the existing natural grade, knowing that the building hasn't been completed yet; nothing can 'change' the existing natural grade. I can estimate the existing natural grade by looking at the elevations by each tree but simply having a cross section of the existing natural grade would make it much clearer and e·asier to understand, regardless of the dimensions of the proposed building. The existing natural grade data should be in the BIM software so the 'layer' to show is merely the existing natural grade . Does this clarify what I am interested in? From: Doug Rich [mailto:doug@valleyoakpartners.com] Sent: Wednesday, February 08, 2017 4:36 PM To: bryan.mekechuk@comcast.net Cc: Andrew Spyker <awspyker@gmail.com>; Georgina Van Horn <george_vh@msn .com>; Shauna Prout Garzee <spgarzee@hotmail.com>; lindalanzl@gmail .com; karenvincent@msn.com; kurtzk@comcast.net; sfrollin@gmail.com; sinclair.joanne@gmail.com; A KUMAR <ackumarusa@gmail.com >; joannepeth@gmail.com; hudpony1@gmail.com; brcarr10@gmail.com; Jocelyn Puga <jpuga@losgatosca.gov> Subject: Re : 15860-15894 Winchester Blvd-Follow Up Meeting I'd like to have the meeting first as items affecting cross sections are changing. Doug Rich Valley Oak Partn ers , LLC 734 The Alameda I San Jose, CA 95126 T 408.282.0995 I F 408.282.9797 I c 925.570.4593 doug@valleyoakpartners.com I http://www . valleyoakp artners.com On Feb 8, 2017, at 4 :02PM, Bryan Mekechuk <bryan.mekechuk@comcast.net> wrote: OK, I understand that you are considering changes. Can you provide the cross sections requested showing the current grade at the different locations? From: Doug Rich [mailto:doug@valleyoakpartners.c om] Sent: Wednesday, February 08, 2017 3:57 PM To: bryan.mekechuk@comcast .net Cc: Andrew Spyker <awspyker@gmail.com>; Georgina Van Horn <george vh@msn.com>; Shauna Prout Garzee <spgar zee@ hotmail.com>; lindalanzl@gmail.com; karenvincent@msn.com; kurtzk@comca st.net; sfrolli n@gmail.com; si nclair.joanne@gma il.com; A KUMAR 1 <ackumarusa@gmail.com>; joannepeth@gmail.com; hudponyl@gmail.com; brcarrlO @gmai l .com; Jocelyn Puga <jpuga@losgatosca .gov> Subject: Re: 15860-15894 Winchester Blvd-Follow Up Meeting We are proposing some changes based on the recommendations/guidance given by the commission and will present at our meeting. We also want to discuss/brainstorm regarding building materials and how to "soften" the architecture as well as discuss any other items (southern PL landscaping, garage wall vs decorative metal panel, etc) Doug Rich Va ll ey Oak Par t ner s, LLC 734 The Alameda 1 San Jose, CA 95126 T 408.282.0995 I F 408.282.9797 I c 925.570.4593 doug @valleyoakpartners.com 1 http://www .valleyoakpartners.com On Feb 8, 2017, at 3 :48PM, Bryan Mekechuk <bryan.m ekechuk@ comcast.net> wrote: Hi Doug, Thank you for setting up a meeting and sending out the notice. Are you proposing to make any changes to the building you proposed at the January 25 Planning Commission meeting? If you are not proposing to make any changes then please provide the cross sections and elevations (as requested in the attached letter) prior to the meeting. Thank you. Best regards, Bryan From: Doug Rich [mailto:doug@valleyoakpartners.com] Sent: Wednesday, February 08, 2017 3:10PM To: Andrew Spyker <awspyker@gmail.com>; Georgina Van Horn <george vh@msn.com>; Shauna Prout Garzee <spgarzee@hotmail.com>; Bryan Mekechuk <bryan.mekechuk@comca st .net>; lindalanzl@gmail .com; karenvincent@msn.com; kurt zk@comcast.net; sfrollin@gmail.com; sinclair.joanne@gmail.com; A KUMAR <ackumarusa@gmail.com>; joannepeth@gmail.com; hudpony1@gmail.com; brcar r10@ gmail.com Cc: Jocelyn Puga <jpuga@losgatosca .gov> Subject: 15860-15894 Winchester Blvd-Follow Up Meeting You are receiving this email as you have expressed interest in participating in discussions regarding the proposed development at 15860-15894 Winchester Blvd. We will be having a meeting on Thursday, February 16th at 7:00pm. Meeting location is as follows : 2 Los Gatos Lodge 50 Los Gatos -Saratoga Road Los Gatos, CA 95032 We will be meeting in the Saratoga Room. If you have any questions ahead of the meeting, don 't hesitate to contact me. See you then , Doug Rich Valley Oak Partn er s, LLC 734 The Alameda I San Jose, CA 95126 T 408 .282.0995 I F 408.282.9797 I c 925 .570.4593 doug@valleyoakpartners.com 1 http://www. va lleyoakpartners.com <Letter-17 01 30 Doug Rich SIGNED.pdf> 3 Jocelyn Puga To: Doug Rich Subject: RE: Thank you From: Doug Rich [mailto:douq@valleyoakpartners.com] Sent: Friday, February 17, 2017 7:38AM To: Andrew Spyker Cc: Jocelyn Puga; Joel Paulson Subject: Re: Thank you Thanks Andrew. The feeling is mutual. We'll get back to you quickly on the southern end revision. Doug On Feb 16,2017, at 9:44PM, Andrew Spyker <awspyker@gmail.com> wrote : Doug, I wanted to make sure I thanked you for the meeting tonight and the work you and your team have done since the planning commission meeting. While we're not there yet, I do think the meeting was productive and I do appreciate some of the changes you have proposed. I look forward to our next meeting that focuses more on the southern elevation. Jocelyn/Joel, I wanted to make sure you saw this as well to know that we are continuing the discussion. I know that Doug has heard what the neighbors are saying. He also presented very clearly what he considers possible and impossible and we continue to work on options. Andrew Spyker (awspyker@gmail.com) 1 Jocelyn Puga To: Andrew Spyker Subject: RE: Further information needed to prep for our meeting From: Andrew Spyker [mailto :awspyker@gmail.com] Sent: Sunday, February 26, 2017 11:24 AM To: Doug Rich Cc: Jocelyn Puga; Bryan Mekechuk; Georgina Van Horn; Joel Paulson; Shauna Prout Garzee Subject: Re: Further information needed to prep for our meeting I missed this response earlier. You are correct that there is one residential neighborhood remaining. That said, if you zoom out all other neighbors are commercial and a few look like they were likely residential until this was built and then converted to office. We don't want to be forced to think this way after the fact of poor planning. I also doubt this other office complex complied with the spirit ofLU 6.3. This said, as I expressed at the planning commission and at our last meeting, the quantitative measure of proximity is percentage of blocked views from our main residence windows. I hope that we see a reductions that impacts the southern elevation. Thanks! On Feb 13 ,2017 12:51 PM, "Doug Rich" <doug@valleyoakpartners.com> wrote: Andrew- I'll review your responses below ahead of our Thurs meeting. Just one initial point of clarification to your #6 below-The Palo Alto building does border on residential (see attached pic). North side is single family residential and Palo Alto elected to do the opposite of us -they sited the building against this neighbor (I believe a 1 0' setback) rather than pushing back. Doug Rich Va ll ey Oak Partners, LLC 734 The Alameda 1 San Jose, CA 95126 1 are less severe to immediate neighbors and -b)-the-at grade-parking is truly at grade (they-didn't build up like you plan to) and c) the planning commission said that the impact of the Palo Alto medical office it "disappointing" (I don't think they would want to continue to be equivalent to "disappointing"). If you do not plan to lower the height, I see it as critical to provide as much information as possible on the cross sections that document more clearly the height difference with existing grade when viewed from the southern elevation. Thanks! On Tue, Feb 7, 2017 at 3 :57PM, Doug Rich <doug@va lleyoakpartners.com> wrote: Hello Andrew - Thanks for the email. Good questions. Responses below in Red. Doug Rich Va lley Oa k Partn e rs, LL C 734 The Alameda 1 San Jose , CA 95126 T 408.282 .0995 IF 408 .282.9797 I c 925.570.4593 doug@valleyoak partners .com I http://www. valleyoakpartners.com On Feb 2, 2017, at 12 :47 AM, Andrew Spyker <awspyker@ gmail.c om> wrote: Doug, I was able to review the planning commission meeting this evening. While we need to meet on the areas for improvement noted by the commission based on our earlier co~ents , there were a few new areas that came up during the meeting that I'd like more information on before we meet. Can you provide information on the following areas? 1. Number of people expected with the current square footage Can you more clearly document what the likely minimum and maximum office professional occupancy will be? Also, will you be able to guarantee these numbers for all potential uses of the office building? This number was very unclear during the meeting with multiple conflicting numbers quoted . In my own research , a quick google search suggests 200 square foot I person with tech in the Bay Area going as low as 125 square foot I person with a national 2017 average of 150 square foot I person. As I menti on ed at the hearin g, thi s is dependent on the tenant and I don't have a tenant id en tifie d . Typi c all y (with som e exception s), ten ants are n ot interested in engaging with a pro p erty own er until a building permit is in hand. Thi s m ake s s en se as facilities management is low on most co mpany 's li st and they don 't want to w aste time if its unclear if the space wi ll even b e available. With that sa id , please note the following : 1) The 30,070 square fe et is the "Gro ss Area" (entire building area), not just office/cubi cle area. In other word s, this number include s what I'll ca ll "share d support spaces" or "individual tenant c ommon are as ". You wi11 need to remove these areas when p erfonning you r calculatio n. The se 3 areas include things such as: i) Lobby/reception, ii) Bathrooms, iii) Conference Rooms , iv) Stairs, v) Hallways/Corridors-typically called "circulation", v) Storage\Closets, vi) Lunch Room/kitchens, vii) copy rooms/work rooms. The accepted metric is that just the circulation component of an office typically runs 35% of a building. Common Areas run from 10 to 20%. So to bring this back to our building, if we assume the midpoint of the common area allocation, you would take the 30,070 square feet , remove 50% of the building for the shared /circulation areas to get to 15 ,035 square feet. Then if we take the more aggressive number listed above at 125 square foot person, you would get 120 employees in the building. From an actual industry implementation, space planners work the other direction or "bottom up ." They 'll take: (i) the number of employees they have multiplied by average space per person, (ii) number of conference rooms , work rooms , kitchen , etc multiplied by desire sizes of tho se buildings, and then (iii) add all that together to get what the industry calls "Net Area or NSF." Then they'll add the circulation factor to that subtotal to get their total footage requirements (this excludes the "Common Area" load factor which office owners will then automatically aHocate to each tenant). Side Note: I used the term "shared or common space" above for convenience. The term "common space" is a very defined and narrow term within building management vernacular to mean "areas common to all tenants." These would be things such as elevators , main building lobbies, exit stairs, mechanical rooms and core toilets. If you're online researching, yo u'll most likely run across the term being used this way and a common space load factor. 2. Number of trips expected per day and at peak hours Can we get a copy of the traffic study used in the planning? I don't believe it has been made available online. Much like the number of people, this was very unclear during the meeting with multiple conflicting numbers quoted. See Jocelyn Puga email on 2/2117 3. Expectation on needs for overflow parking Combining #2 and #3, I now have concerns of parking beyond the 128 spaces. Can you guarantee that the 128 parking spaces will be sufficient for all potential uses of the office building at 30,000 square foot? As you know we have very limited parking in University Oaks and we wouldn't want new development to take over the limited on street parking that is used for visitors to our neighborhood. See comment to #1 above. Here, you also need to remember working habit s/situations of employees. On any given day , you will have employees: i) on vacation, ii) sick , iii) on business trip , and iv) working from home/telecommuting (becoming more and more common). This also doesn 't take into account our TDM measures including transit subsidies, carpooling preference and bike/shower amenities. Of course, we need to recognize there will be visitors , so that will work the other direction. But overall , in addition to the # of employees discussion above is the added factor that not every employee i s physically at their place of work on a given day. 4 The Town of Los Gatos has defined parking requirements being met by the project. These requirements have been developed through the u se oflong-term observation by industry specialists. In our experience, they work well meeting the parking needs of an office project in this area. 4. Updates on the tree removal Part of the concern we need to resolve is the size of the building as viewed from our southern elevation. Can you confirm that all existing trees between our 706/708 unit and the building will be removed (including the trees that could have buffered our view -#18 which seems to be the largest and healthiest protected tree on the entire property and #34 another protected tree). Commissioner Hudes was asking for the tree schedule to be confirmed and expressed concern on removing trees. Can you confirm that L-2 and C2.0 are accurate as it relates to trees neighboring our property? Trees 31-33 and 37 , 38 along the South PL are scheduled for removal (Tree #18 is approx 75' into the property; not sure if you were referring to another tree, but to answer your question #18 is being removed). We are, however, planting 19 new trees along the southern property to address your concern regarding view buffering. I acknowledge that these trees will take time to reach maturity, but I do believe that they will achieve the desired goal. If there are specific directions you would like to give regarding locations or tree species, would be glad to discuss with you. We are updating the tree exhibit to remove trees not designated as "Protected Trees " under the Town Ordinance (which consequently weren 't included in the arborist 's report) which is what created some confusion. "5. More information on the wall and screen During your opening statements, you showed a detailed diagram of the metal screen for another property. In the picture it had a -4' wall with a screen on top. In the cross section you prepared for us, the screen wasn't on top of a wall (it was directly on top of the continuous curb). ·Did you mean to suggest by showing this that you would propose the screen on top of a wall? Is this picture of the screen from a property within the bay area? It might be worth us neighbors going to take a look at this screen if there is a similar one nearby. Unfortunately, not aware of a property in Los Gatos vicinity that has one of these screens installed. You are correct-the screen is currently contemplated to go on top of the continuous curb (consistent with the cross section I previously provided). However, as mentioned at the hearing, I am willing to replace the screen along the southern edge of the parking with a wall if that is your preference. Let me know how you would like to proceed. 6. More planes for understanding height Chair O'Donnell asked about the slope of the property in relation to the Palo Alto Medical building. We know from living here that Palo Alto drops far quicker than the planned drop of "at grade" parking in the plans. Also, we know that "at grade" of the plans do not match true "at grade" of our neighboring property due to the need for underground parking. Commissioner Hudes noted how the plans are currently unclear on the maximum from existing grade height. Bryan Mekechuk suggested that the current plane shows the best case scenario for the from existing grade height. Can we get a few more planes to truly understand the height from our current existing grade (also asked for by Bryan Mekechuk)? From our elevation it is this 5 height above our existing grade of our property that impacts us the most (regardless of how far set back from Winchester the building is). I believe Joel Paulson (copied here) clarified to Commissioner Hudes the Town's calculation of height and that the project was correctly displaying height measurements per Town code. I need to do a little more research regarding the Palo Alto building. I'll have the civil look at that building prior to our meeting. 7. More information on the stairs Commissioner Badame pointed out safety and fire code issues with the stairs immediately neighboring our property. In response, Chek Tang only responded to the fire code issue and stated, "our stair actually isn't within the 1 0' separation". A 1.0 shows the stairs within the 1 0' setback. Also, L-1 seems to show the stairs as 4' wide only 5'9" from the property line. Can you help me understand this better? Good question. Here is the clarification : The steps are within the 1 0 ' setback. I think the confusion occurred relative to the fire code issue. The steps are not part of the structure and are not enclosed. Hence, there is not a fire-rating they need to achieve. They 're simply steps with a handrail down to the door of the underground garage which will be a self-locking door precluding access from outside. They were designed this way to facilitate security. 8. More information on exterior materials Commissioner Burch, at the meeting and the CDAC before, asked if the exterior could decrease the amount of white stucco/glazing. While the focus of this might have been on the front, I note that the southern elevation is almost entirely this material. When Chek Tang said at the meeting that you would consider more warm wooden material usage, was this just for the Winchester elevation or our elevation as well? Combined with better trees on our elevation this may help soften the impact of the height of the wall that all of our homes will face. Good suggestion. Let's discuss at our meeting and we'll kick around some different ideas. I will be getting together soon with the neighbors to prepare to meet with you. If you can answer some of these questions that came up due to the new information at the planning commission meeting, it will help us understand where we currently stand so we can make better suggestions. Thanks! Andrew Spyker (awspyker@gmail.com) 6 Jocelyn Puga From: Sent: To: Subject Hi Jocelyn, Cheryl Stuermer <cstuermerl@gmail.com > Monday, March 06, 2017 9:00AM Jocelyn Puga Winchester Office Building Question My children walk to school. They attend both Daves and Fisher schools. I have read the documents and did not notice any information of keeping the route to school safe during construction. How will truck traffic be managed during the morning, afternoon and mid-day (early release) hours for the schools? The traffic study took peak traffic times into account, does that include school drop off and pick up or just typical rush traffic times as related to people going or returning to work. Also how will construction traffi c be managed during summer peak hours? Traffic on Winchester and Blossom Hill are already being impacted by water main project on Winchester. Will the W inchester project, especially the demolition part, take place during the time University i s closed for water main replacement, till end of May? I am mostly looking for reassurance that the route to schools were taken into consideration when evaluating traffic. Thank you for your t i me. Cheryl Stuermer 76 Mariposa Ave, LG 773-230-9331 1 more at height of the building elevation acting in place of the c urrent sound wall. We also are concerned that the 10 foot buffer with walls on all sides could have security and safety issu es similar to what we've seen at the Palo Alto Medical building. We observed evidence that thi s has led to homeless encampment there with a similar setup. Doug (and others), if you have any clarifications please add them. Thanks! Andrew Spyker (awspyker@ gmail.com) 3 This Page Intentionally Left Blank