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Item 01 - 15600 & 15650 LG Blvd -Staff Report Exh.30-37AMITIGATION MONITORJNG AND REPORTING PROGRAM DATE: August 26, 2015 PROJECT: 15 600 and 15 650 Los Gatos Blvd/PD-11-005/ND-11-007 Mitigation AIR QUALITY Monitoring Action Bas ic Construction Measures. To limit the project's Required as a construction-related dust and criteria pollutant emissions, condition of the following BAAQMD-recommended Basic approval. 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. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d . All vehicle speeds on unpaved roads shall be I imited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13 , Section 2485 of California Code of Regulations [CCR]). Clear s ignage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's s pecifications . All equipment shall Res pons ibility Director of Community Development - Building Division During construction MITIGATION MONITORING AN D REPORTING PROGRAM DATE: August 26 , 2015 PROJECT: 15 600 and 15650 Lo s Gatos Blvd!PD-ll-005/ND-11-007 Mitigation be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD 's phone number shall also be visible to ensure compliance with applicable regulations. GEOLOGIC, SOILS, AND SEISMIC HAZARDS M onitoring Action Geotechnical Investigation Recommendations. The Required as a recommendations of the Ninyo & Moore geotechnical condition of investigation (June 7, 2010) and any subsequent approval. geotechnical investigations shall be incorporated in the final construction plans for the proposed project (Attachment 3 of the Initial Study). These recommendations address replacement of loose fill materials and undocumented fill with compacted fill. GREENHOUSE GASES GHG Reduction Meas ures: Prior to the issuance of building permits, the applicant shall demonstrate the incorporation of a combination (one or more) of sustainable project design features that would meet the EIR significance threshold of 1, 1 00 MT C02e/year. The applicant's current proposal reflects implementation of the GHG mitigation meas ures identified in Table 9 of the Required as a condition of approval. 2 Responsibility Director of Parks and Public Works Director of Community Development - Planning and Building Divisions During grading and construction Prior to issuance of building permits MITIGATIO N MONITORING AND REPORTING PROGRAM DATE: August 26,2015 PROJECT: 15600 and 15 650 Los Gatos Blvd/PD-11-005/ND-11-007 Mitigation Initial Study, which would achieve the reductions necessary to achieve the 1,100 MT C02e/year threshold. Those measures shall be carried out, except that, at the applicant's election a nd subject to approval by the Community Development Director, the applicant may substitute alternative measures of equivalent effectiveness to one or more of the GHG reduction measures identified in Table 9 of the Initial Study or in the BAAQMD CEQA Guidelines in effect at the time of project implementation. HAZARDS AND HAZARDOUS MATERIALS Hazardous Building Materials Removal. Prior to demolition of the existing buildings, the project applicant shall retain a contractor(s) to remove existing hazardous building materials in accordance with the recommendations of the asbestos, lead , and PCB pre- demolition building survey completed in 2009 and applicable laws and regulations. Specifically, asbestos abatement shall be conducted in accordance with 8 CCR Section 1529 and Sections 341.6 through 341.14, as implemented by Cal/OSHA. Lead-based paint abatement shall be conducted in accordance with Cai /OSHA 's Lead in Construction Standard (8 CCR Section 1532 .1 ). Any PCB-or DEHP containing ballasts shall also be removed and legally disposed of in accordance with applicable laws including 22 CCR Section 66261.24 for PCBs and 22 CCR Division 4.5 , Chapter 11 for DEHP . Fluorescent light tubes , wall thermostats containing mercury vapors, and electronic equipment shall be appropriately disposed Monitoring Action Required as a condition of approval. 3 Responsibility Director of Community Development - Planning and Building Divisions Prior to building demolition MITIGATION MONITORJNG AND REPORTI NG PROGRAM DATE : Augu s t 26 ,2015 PROJ ECT: 15600 and 15650 Lo s Gatos B1vd!PD-11-005/ND-11-007 Mitigation of in accordance with 22 CCR Chapter 23 . HAZARDS AND HAZARDOUS MATERIALS Update Environmental Database Review . The project applicant shall retain a qualified professional to update the environmental database review performed as part of the Phase 1 Environmental Site Assessment no more than three months prior to the start of construction but prior to issuance of building permits. The qualified professional s hall prepare a report summarizing the results of the environmental database rev iew that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project si te and identifies appropriate so il analysis to evaluate the potential for soil contamination at the proposed project site, if needed . In re spo nse, the project applicant shall implement the recommended so il analyses, if any, prior to the issuance ofbuilding pennits. HAZARDS AND HAZARDOUS MATERIALS Soil Sampling and Management. The following measures shall be required to reduce public health risks related to rem oval and disposal of haz ardous materials to a less- than-significant level. Oversight agency revtew may amend these measures as applicable to the SMP approval process. a. The project applicant sh all retain a qualified professional to conduct appropriate sampling to M onitoring Required as a condition of approval. Required as a condition of approval. 4 Resp ons ibility Director of Community Development - Building Divi sion Directo r of Community Development - Building Divi sion Prior to the issuance of building or grading permits. Prior to the issuance of building or grad ing permits. MITIGATION MONITORING AN D REPORTING PRO GRAM DATE: August 26, 20 15 PROJ ECT: 15 600 and 15650 Los Gatos Bl vd/P D-11 -005/ND-11-007 Mitigation assess the presence and extent of pesticides and related metal s in the soil. Sample analysis shall include dioxins and furans , chlorinated herbicides, chlorinated pesticides, and arsenic at a minimum. Should the concentration of any constituent identified exceed the ESL and background levels , the project applicant shall notify the County of Santa Clara Department of Environmental Health, and implement any necessary corrective actions in coordination with the Department of Environmental Health. b. The project applicant shall require the construction contractor(s) to prepare a Soil Management Plan (SMP), including required confirmation so il sampling durin g removal of remaining h ydraulic hoi sts, the wastewater clarifiers, and any product lines remaining at the former gasoline service station. The SMP shall also provide a plan for disposal of identified hazardous soils and excess soil produced during construction activities, including the disposal methods for so il , potential di sposa l s ites, and requirements for written documentation that the disposal s ite will accept the excess soil. If appropriate, excess soi l may be di sposed of on-site, under foundation s o r in other location s in accordance with applicable haza rdous waste classifications and di sposal regulation s. The contractor shall be required to submit the SMP to the project applicant for acceptance prior to implementation. Prior to or durin g construction, Monitoring Action 5 Res pons ibility MITIGATION MONITORING AND REPORTING PROGRAM DATE: August 26, 2015 PROJECT: 15600 and 15650 Los Gatos Blvd/PD-11-005/ND-11-007 Mitigation excess soil from construction activities shall be sampled to determine the appropriate disposal requirements m accordance with applicable hazardous waste classification and disposal regulations. The project applicant shall also submit the SMP to the County of Santa Clara Department of Environmental Health a minimum of 30 days prior to the planned start of construction. c. The project applicant shall r equire the construction contractor to prepare and implement a site safety plan identifying the chemicals present, potential health and safety hazards, monitoring to be performed during site activities, soi ls-handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil , appropriate personnel protective equipment, and emergency response procedures . d. The project applicant shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardo us m aterials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, co nduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential Monitoring Action 6 Responsibility MITIGATION MONITORING AND REPORTING PROGRAM DATE : August 26, 20 15 PROJECT: 15600 and 15650 Los Gatos Blvd/PD-11-005/ND-11-007 Mitigation contamination includes soil discoloration , susp icious odors, the presence of USTs, or the presence of buried building materials. e. [n the event that any chemicals are detected at unacceptable concentrations, as determined in the County-approved SMP as part of sampling conducted under Mitigation Measures 3a or 3c, the proj ec t applicant shall notify and con sult with the regul a tory agencies to develop the appropriate plan of action. If additional investigation or remediation is needed, th e project applicant shall implement such action. f. The project applicant shall participate in the Voluntary Cleanup Program (VCP) administered by th e County for technical oversight of the SMP and hazardous soils mitigation , unless referred to an alternate agency. Oversight includes all aspects of the site investigation and remedial action, and determination of the adequacy of the site investigation and remediation activities at the site. g. The applicant shall submit a "no further action" Jetter from the oversight agency or comparable clo sure document that demonstrates the site has been released as clean or a mitigation plan has been approved and implemented . Each phase of building permit iss uance shall be contingent upon approva l of the SMP and remediation documentation . Monitoring Acti o n 7 Responsibility MITIGATION MONITORING AND REPORTI NG PROGRAM DATE: August 26, 20 15 PROJECT : 15600 and 15 650 Los Gatos Bl vd/P D-11-005/ND-11-007 Mitigation NOISE Loading Dock Res trictions. For unloading/loading activities that occur before 1:00 p .m ., all beverage truck drivers shall be required to orient the s ides of their trucks with the roll up doors toward the rear of the store during operation of the roll up door (away from the property boundary). This measure could require the driver to tum the truck around if both sides of the truck are to be unloaded . NOISE Monitoring Ac ti o n Required as a conditio n of approval. Required as a Mechanical Equipment Design. The Town shall require condition of impl ementation of the first measure or implement the appr oval. second m easure: • Provide acoustically-effective screens at the east and north sides of all roof-top mechanical equipment located within 120 feet from the east parapet of the CVS building. The screens shall be constructed air-tight and shall extend to a minimum of 1 foot above top of the mechanical unit. A gap of 1 inch m ay be m ai ntained at the bottom of the screen to allow for drainage. • The proje ct applicant shall provide to the Town evidence that the mechanical equipment associated with th e project wi ll (preconstruction) and does (post-construction) compl y with the standard s of the Town of Lo s Gatos Noise Ordinance. 8 Re sponsibility Director of Community Development - Pl anning Di vision Director of Communi ty Development - Planning Divis ion During operation. Prior to the issuance of building permits and prior to fina l of building permits. MITIGAT ION MON ITORIN G AN D REPORT IN G PROGRAM DATE: Augus t 26 ,2015 PROJECT: 15600 and 15650 Los Gatos Blvd/PD-11-005/ND-11-007 Mitigation Monitoring Action NOISE Required as a Trash Dumpster Design. Trash dumpsters shall have condition of plastic tops to reduce the potential for noise disturbance approval. from trash collection activi tie s. NOISE Construction Noise. To comply with the Town of Los Required as a Gatos Noise Ordinance time and noise limits during condition of project construction, the Town shall require approval. implementation of the following measures: a. Project contractors shall be required to comply with the Town of Los Gatos Noise Ordinance time and noise limits , including limiting construction activities to the hours between 8:00 a.m . and 8:00 p.m . on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and holidays . b. Either the use of heavy equipment shall be restricted within 56 feet of the property boundary (80 feet for paving equipment and 90 feet for air compressors without enclosures) or the following quiet or "new technology" equipment shall be utilized as necessary to ensure compliance with the 85-dBA ordinance noise limit (85 dBA at 25 feet or 85 dBA outside the property plane): • All internal combustion engines used at the project site shall be equipped with a type of muffler recommended by the vehicle manufacturer. 9 Responsibility Director of Community Development - Planning Division Director of Community Development - Building Division Prior to the issuance of building permits. During grading and construction . MITIGATION MON ITORfNG AN D REPORTfNG PROGRAM DATE: Augu s t 26,2015 PROJE CT: 15600 and 15650 Lo s Gatos Blvd/PD-11 -005/ND-11 -00 7 Mitigation • All equipment shall be m good mechanical condition so as to minimize noise created by fau lty or poorly maintained engine, drive-train and other components. • Temporary berms or noise barriers , such as lumber or other material stockpiles, shall be utilized wherever possible. • To minimize the potential for noise disturbance at adjacent or nearby residences , appropriate selection of equipment utilized for specific operations shall be done whenever feasible, such as the following : -Earth Movement: Wheeled equipment should be used rather than track equipment, whenever possible. -Ground Preparation: A motor grader should be used instead of a bulldozer for final grading. -Building Construction: Power saws should be shi.elded ?r ~nclosed where practical to decrease nOise emiSSions. -Compressors and generators should be hou sed in manufacturer 's acoustical enclosure where feasib le. -Stationary equipment shall be located as far from noi se sensitive uses as possible in order to meet the 85 -dBA ordinance noise limit. N:IDEV\EN VIR ONMEI'.'TAL REVIEWIMit igation Monit oring and Report ing ProgramiLGBI 5600.docx Monitoring Action 10 Responsibility PLANNING COMMISSION -August 26, 2015 REQUIRED FINDINGS FOR: 15600 and 15650 Los Gatos Boulevard Planned Development Application PD-11-005 Negative Declaration ND-11 -007 Requesting approval to change the zone from CH to CH: PD, to demolish existing commercial buildings, to construct new commercial buildings, and to allow a super drugstore. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APNs 424-14-028 & 036. PROPERTY OWNER: Longs Drug Stores California, LLC APPLICANT: Landmark Retail Group FINDINGS: Required finding for CEQA: • No significant impacts have been identified and a Mitigated Negative Declaration was prepared for the proposed project. Required consistency with the Town's General Plan: • That the proposed Zone Change is consistent with the General Plan and its Elements in that the Planned Development overlay allows a commercial use consistent with the property's zoning district. Required consistency with the Town's Commercial Design Guidelines: • That the proposed Zone Change is consistent with the Commercial Design Guidelines in that the proposed project meets the intent of the Commercial Design Guidelines and is subject to the Planned Development Ordinance. Required finding for the Los Gatos Boulevard Plan: • That the proposed project is consistent with the Los Gatos Boulevard Plan m that the proposed project meets the intent of the Los Gatos Boulevard Plan. N:\DEV\FIND!NGSI2015\LGBI 5600.DOCX EXHIB IT 3 1 This Page Intentionally Left Blank July 24, 2015 300 Frank H. Ogawa Plaza Suite 375 Oakl and, CA 946 12 Ms. Jennifer Savage Senior Planner 11 www.archdim.com City of Los Gatos • James M. HeUbronner Architect C II 531 110 East Main St. Los Gatos, CA 95030 RECEIVED Re: CVS Pharmacy 15600 & 15650 Los Gatos Boulevard Los Gatos, CA 95030 JUL 2 8 Z015 Subject: Design Revisions Memo T'"''"l]'l OF LOS GATOS h .. .r\1-Jf\IING DIVISION Dear Jennifer, Since our initial planning commission hearing on October 10, 2014 we have had (2) neighborhood meetings and (1) planning commission work shop from which several comments were received regarding the site planning and architecture for the project. We have taken into consideration all of the comments we received and incorporated many of them into the revised design that is being submitted with this letter. Below is a list of the revisions we have made to the plans and architecture since our last submittal. 1. The CVS building has been moved from the corner of Los Gatos Boulevard and Los Gatos Almaden road as recommended by the city architectural design consultant toward the center of the site as requested by both t he neighbors and the planning commission to reduce its prominence at the corner and open the views to the mountains. The secondary retail building remains where original located. 2 . The architecture of the building has been revised from the modern style that was presented in October 2014 to a more traditional Mediterranean style as requested by the planning commission and neighbors. 3 . The revised architecture includes : mansard tile roofs, floor to ceiling windows , covered exterior arcades, stone veneer wainscots; smooth texture cement plaster walls , exposed rafter tails and earth tone colors which we feel fit the fabric of Los Gatos. 4. The massing of the building has been reduced by incorporating the sloping mansard roofs and towers which reduce the perceived height of the building , introducing a covered arcade at the main building frontages which breaks down the scale of the vertical walls , the introduction of floor to ceiling windows, the introduction of canvas awnings at all windows, and the use of stone veneer as an accent. 5 . The overall height of the CVS building has been reduced from a max height of 30 '-6" above e xisting grade to 27'-3". The overall build ing height has been reduced from 29'-10" to 29'-9". The height of the secondary building has been revised from a max. height of 27'-6" above existing grade to 28'-0" above existing grade at the top of the tower. 6. The lighting for the project has been studied and designed to reduce light pollution off site. The intensity of the light at the center line of Los Gatos Almaden and Los Gatos Boulevard is 0 .0 foot candles and there is a maximum light intensity of 0.3 foot candles at the common property line to the east which is very low. 7 . The Common property line has been screened by an 8 '-0" h igh concrete block screen wall which will be constructed with split face concrete block . EXHIBIT 3 2 800.452 .3477 TE L 510 .463 .8300 II FAX 510.463.8395 8. The truck loading area has been screened from the street by moving it to the east side of the bu ilding away from the street frontages and screening it with an 8'-0 '' high wall matching the materials of the CVS building . 9. The entry plaza has been revised to be pedestrian friendly with sitting benches , landscaping , and a ra ised oak tree planter. 10. The turning lanes from Los Gatos Blvd to Los Gatos Almaden have been revised from a single lane to a double turn lane due to a concern regarding the signal timing. The traffic engineer will be at the planning commission meeting to discuss further .. It should be noted that the neighbors were informed that the turn lane would be a single at the most recent neighborhood meeting but that was determined to be infeasible . 11 . The new plan proposes try ing to save as many of the existing trees as possible. (4) more trees were added to our save list from the previous submittal. These trees are magnolia trees which are not drought tolerant and the ir health will need to be verified at the time of construction . If a tree that is proposed to be saved is determined to be beyond saving a new drought tolerant tree will be planted in its place using a tree species from the approved landscaping plan 12. The trash enclosures have been moved from the common property line and street frontage and have been incorporated into the architecture for the CVS building . Both of the new enclosures will have very limited visibility from the street. 13. The drive thru for the Pharmacy has been moved to the rear of the building and is screened to the greatest extent possible from both street frontages . Please call if you have any questions regarding these changes or need additional information . Sincerely, IONS CC : Mike Mallard , BOOS Development CVSDE SIGNREVISIONS ONTRAC Deborah Ellis, MS Consulting Arborist & Horticulturist Semice siuce 1984 ARBORIST REPORT Recheck of exist in g tr ee condition si nce previ ous arbori st reports in 20 1 1, 2013 and 2014 Project Address: 15600 -15650 Los Gatos Bou l evard Lo s Gatos, Californi a Prepared for: Jennifer Savage Town of Los Gatos Community Development Department 11 0 E. Main St reet Los Gators , CA 9503 1 Prepared by: Deborah Ellis , MS. Consulting Arborist & Horticulturist Registered Consulting Arborist #305, American Society of Consulting Arborists Board Certified Master Arborist WE-0457B . International Society of Arboriculture Certified Professional Horticulturist #30022, American Society for Horticultural Science AUGUST 12, 2015 RECEIVED AUG 2 0 2015 TOWN OF LOS GATOS PLANNING DIVISION Report Historv: Th is is my fourth report for this project. Previous reports are dat ed 12/22/11. 4/19/13 (updated 8/21 113) and 1 /21 /14. PO Box 3714 , Saratoga. CA 95070. 408 -725-1357. decah@pacbell.net. http:/ /www .decah.com . Deborah Ellis , MS Consulting Arborist & Horticulturist SertJice si11 cr 1984 Table of Contents AERIAL TREE MAP ........................................................................................................................................................................................................................... 1 SUMMARY ....................................................................................................................................................................................................................................... 2 Su mmary Tree Table ................................................................................................................................................................................................................ 3 COMPLETE TREE TABLE .................................................................................................................................................................................................................. 4 PHOTOS ........................................................................................................................................................................................................................................... 6 GLOSSARY ...................................................................................................................................................................................................................................... 9 PO Box 3714 . Saratoga. CA 95070. 408-725-1357. decah@pacbell.net . http://www .decah.com . PO Box 3714 , Saratoga, CA 95070. Arborist Report for 15600-15650 Los Gatos Blvd. August 12 , 2015. Deborah Ellis, MS Consulting Arborist & Horticulturist S crr>ice .riu ce I 91/.J I ha ve included this aerial tree map of the project site (from my 2013 report) because I was not provided with any current plans -I was asked only to provide an update on existing tree condition for this report. Page 1 of 10 Deborah Ellis, MS Consulting Arborist & Horticulturist SUMMARY Jennifer Savage asked me to return to the site to check the current condition of the trees. In previous reports I recommended that the Southern magnolia city street trees (#1-3 and 8-18) be watered in my first arborist repo rt dated December 2. 2011 . This was due t o the fact that the magnolias were declining. The property had been abandoned at that time. and I think that the landscape irrigation had been turned off. I do not know if the magnolias have been watered since then at all, but there was no evidence o f any recent watering as of my last site visit and inspection of the trees on August 11. 2015. I found that the condit ion of most of the trees has declined since my last site visit in January of 20 14 and most definitely since my first visit in December 2011. For some trees such as coast live oaks #4, 6, 7, 21 and 22 this decline is minimal and these naturally drought t o lerant trees are in reasonably good co ndition. For the hi gh water requirement southern magnolias however. their condition has deteriorated slightly to significantly-depending on the particular tree. Trees with denser canopies that cast more shade on the ground beneath them t end to be in better condition . One no table change with the magnolias is that none of them had sunscald 1 cankers on their trunks in January of 2014, but six of the magnolias do now. Sunscald cankers can be predisposed by both lack of adequate water and thinning o f the canopy, which all of the magnolias are experiencing to some extent. An updated Summary Tree Table is on the next page, an updated Complete Tree Table is on pages 4 and 5. and photos of the trees are on pages 6 throu g h 8. Recommendations f o r watering of the trees can be f ound in my December 21. 2011 arborist report on page 5. Thes e same recommendations should be followed now for any of the southern magnolia trees that may remain. I do not recommend retaining any of the magnolias with le ss than "Fair" preservation suitability. I certify that the information contained in this report is correct to the best of my knowledge, and that this report was prepared in good faith . Thank you for the opportunity to provide service again. Please call me if you have questions or if I can be of further assistance. Sincerely, ~~ Deborah Ellis . MS. Consulting Arborist & Horticulturist Certified Professional Horticulturist #30022 ASCA Reg istered Consulting Arborist #305 I.S .A . Board Certified Master Arborist WE-4578 I.S.A. Tree Risk Assessment Qualified PO Box 3714 , Saratoga, CA 9507 0 . 408 -725-1357. Arborist Report for 15600 -15650 Los Gatos Blvd . August 12 , 2015 . http:/ /www .decah.com . Page 2 of 10 Deborah Ellis, MS Consulting Arborist & Horticulturist Table 1 Summary Tree Table Serr•i ce si11ce 198-1 -------------·----- lfree Common Trunk Preservation Name Diam . # @3ft. Suitability 01 magnolia 16 Fa ir/Good I 02 !magnolia 10 Poor j03jmagnolia [6 jPoor I 04 lcoast live oak -~Fair f os lgreen wattle -rw-lair/Poor ~ I ~2 !coast live oak ~ PO Box 3714 , Saratoga, CA 95070. 408-725-1357. decah@pa c bell.net . http:/ /ww w.d ecah.co m. Arborist Report for 15600 -15650 Los Gatos Blvd. August 12 , 2015 . Page 3 of 10 Deborah E ll is , MS Consulting Arborist & Horticulturist Sen·ire since 198-1 TABLE 2 COMPLETE TREE TABL E --::; ~--·,c··---------·-- CONDITION Species ~ree & Trunk Preservation Common Diam. -,-Notes # Name @3ft. e Suitability ... :::J 0 ... C) u > :::J ... ... (I) 01 Magnolia grandiflora, 16 II Fair/Good Still in fa irly good condition , especially considering lack of irrigation and the drought By Southern magnolia comparing the present appearance of the tree with photos that I took in December of 2011 (magnolia) however, I can see that there has been some slight canopy th inning . I 02 'magnolia I 10 I 50 rso-Poor Significant canopy th i nning si nce 2011 and sunscald trunk canker that was not present in I 2010 and also in April of 2013. Tree should be removed. ·--- f03 !magnolia I 6 !5o I 20 !Poor lsame as above, very extensive trunk canker and decay. Tree should be removed . ~ Quenous agrifol/a, 13 [ 75 70 Fa i r Fair preservation suitability is due only to the close presence of overhead electric wires . coast live oak Existing building is also very close to tree although it could be removed carefully without causing significant damage to the oak. This would require some extra work and expense, I i though . r !Aca cia decurrens, 10 50 60 Fair/Poor Definite canopy thinning compared to photo taken in 2011 . ----, green wattle r coast live oak 22 75 60 Fair/Good Very slight canopy thinning noted since 2011 . The canopy of the tree is underneath l overhead electric wires , but there has been some directional prun ing. r coast live oak 8 I 60 50 Fair/Poor Crowded and suppressed underneath larger coast live oak #6; also overhead electric wires I above. I magnolia 8 60 70 Fair Slight canopy thinning and foliage somewhat chlorotic. See broken pieces of plastic Jsheeting (was underneath bark mulch-very bad for trees and other plants) in planting area around tree. Same also for magnolias 9-18. 09 magnolia 10 7 5 60 Fair/Good Slight canopy th i nn i ng since 2011 , but not bad for no i rr igation. This tree as well as the I I subsequent trees i n better condition has a canopy that shades much the ground beneath , ' and also the lower trunk . Th is helps during times of drought [10Jmagnoha 9 70 50 __ I S~me cano ~th1nmng smce 201_1_. __ PO Box 3714 , Sar atoga , CA 95070. 4 08 -72 5-1357. decah @pacbell.net . http://www.decah.com. Arborist Report for 15600 -15650 Los Gatos Bl vd . August 12 . 2015. Page 4 of 10 Deborah Ellis, MS Consulting Arborist & Horticulturist 5en·ice siuce 198-1 Tree Species Trunk Condition Condition Preservation J & D iam . Notes # Common Name @3ft. Vigor Structure Suitability I 11 !magnolia I 11 I 75 I 60 IFa1r/G ood jOnly sl ig ht canopy thinn ing si nce 2011. I f12-[Ma9nolia _______ r 15 ---i-l---::6-::-5-., .... 60 -lf:air l som~py thinning si nce 2011. -------=-----· --· J r-13 [magno lia I 13 I 60 I 60 [Fair !Some ca nopy thinn ing since 2011 . _____ _ [14~lmagnolia ~--8--r 40 I 20 !Poor Extensive branch dieback (as in 2011) but it is much worse now. Also significant trunk I sunscald canker on southwest side of trunk that was not present at prior inspections . 1 15 !magnol ia I 12 50 I 60 IF air/Poor Ca nopy thi nned noticeab ly since 2011 and trunk sunscald canke r is beginning on southwest side (see bleeding and cracks starting). __ ! r 1-6 rr=n agnolia --, 11 50 I so--TIF_a_i_r/_P_oo_r _ _,.,S_a_m_.;_e ;;above. plus s m a~ trunk canker present. f 17-lmagnolia [ 10 50 j 50 !Fair/Poor l same as abo ve. --- 1 1s[magnolia I 10 50 r· --50 -~r/Poor jsame-a-~ above , canker larger. ·--------- L22 j coastliv~oak _ ~--r-=-70 _l -5o -pr _l Nu mber t agmissing . Asmall,sup_P~essed ,crowdedtree . ----------_1 PO Bo x 3714, Saratoga, CA 95070. 408 -725-1357. decah@pacbell.ne t . http:/ /www .de cah.com . Arborist Report for 15600 -15650 Los Gatos Blvd . August 12 , 2015 . Page 5 of 10 PHOTOS August 11 , 2015. Southern magnolias #1 and 2 on Los Gatos Blvd . Yo u can see more sky through tree #2 in 2015 vs. 2011 due to canopy thinning . This is harder to see on tree #3 , but this tree is thinner too . Both trees have extensive sunscald cankers on their trunks (see page 7). Deborah Ellis, MS Consulting Arborist & Horticulturist Sero ice .>i11cr I 98./ December 2 2011. Same trees as i n previous photo . Dense canopies on both trees and no sunscald trunk cankers. PO Box 3714 , Saratoga , CA 95070. 408 -725-1357. decah@pacbell.net . http:/ /www .decah.com. Arborist Report for 15600-15650 Los Gatos Blvd. August 12 , 2015. Page 6 of 10 Deborah Ellis, MS Consulting Arborist & Horticulturist S er(JI·ce sin ce 1 9!1 -1 August 11 , 2015. Sunscald trunk canker on tree #3 . Due to this canker. t h is tree should definitely be removed. decah@pacbell .net. http:/ /www .decah.com. Arborist Report for 15600 -15650 Los Gatos Blvd . August 12 . 2015. Page 7 of 10 Deborah Ellis, MS Consulting Arborist & Horticulturist Photo above: August 11 , 2015 Southern magnolias #13-18. Photos below: Same trees as above , December 2, 2011 . PO Box 3714 , Saratoga, CA 95070. 4 08-725-1357. decah@pacbell.net. http://www.decah .com. Sen ·ice sina 198-1 Arborist Report for 15600-15650 Los Gatos Blvd . August 12, 2015 . Page 8 of 10 Deborah Ellis, M S Con s u lting A r borist & Horticultur ist Se rr ·i ce .fiure 198-1 GLOSSARY 1. Branch dieback: the abnormal and premature death of branches , usually in the upper or more terminal portions of a tree or woody plant. Generally the smaller diameter branches die first , and the dieback may extend downward and/or to larger branches . Branch die back is generally a symptom of stress some underlying problem with the plant, such as root disease or an unfavorable environment. The plant is "downsizing" to deal with this problem. 2. Canker: an area of dead bark . A localized lesion on a stem or branch , often sunken in appearance , commonly associated with a wound , decay or death of internal tissues. Cankers often extend beyond the extent of an original infection or wound , killing surround ing previously healthy tissue. If decay is present and spreads into the wood , a very weak area is created because both the inner and outer growth rings are affected . 3. Chlorosis/chlorotic: chlorosis is a plant symptom exhibited abnormally yellow colored foliage. Such foliage is described as chlorotic. Th is symptom can have many causes such as lack nutrients , diseases or high soil salinity. 4. Directional pruning for overhead utility line clearance means that only the branches directly interfering with the wires are removed . Branches cut back to the trunk or to lateral branches at least 1/3 the diameter of the parent branch . This is in contrast to topping where the entire top of the tree is cut back to some predetermined height below the power lines , or heading cuts where individual branches are cut back to some predetermined height with no regard to the future tree structural problems that this will cause. I was the field director for the PG&E Line Clearance Study in Northern California which ran for 4 years in the early 1990's comparing directional versus regular topping pruning of trees beneath utility lines. 5. Sunscald is the death of bark , and sometimes the underlying wood, due to the heat of the sun . This often occurs when over-pruning removes a large amount of foliage, newly exposing previously sheltered tissue. 6 . Thinning of the canopy (an abnormal and detrimental loss of foliage , fine branches and eventually la rger branches) can have many possible causes such as : disease or insect infestation , root damage or disease or general stress caused by an environmental excess or deficiency. PO Box 3714, Sarat oga , CA 95070 . 408 -725-1357. decah@pa cbell.net. http://www.decah.com . Arbor ist Re port f or 1560 0 -15650 Los Gatos Bl vd . Aug us t 12 , 2015. Pag e 9 of 10 This Page Intentionally Left Blank Jennifer Savage From: Sent: To : Subject: Hi Jennifer, J & J Martin Gemignani <josephgemignani@netzero.net > Thursday, July 09, 2015 8:35 PM Jennifer Savage CVS Pharmacy presentation I was very impressed with the changes made to the CVS pharmacy project for Los Gatos Boulevard. I think the buildings would be a great addition to not only the boulevard but the entire town. I really like the look and design of the buildings. I wish they could proceed with this project ASAP . Thanks, Joseph EXHIBIT 3 4 1 Jennifer Savage From: Sent: To: Subject: Hi Jennifer, Jeffrey Fox <jeffrey.fox@vasona.net> Saturday, July 11, 2015 11:36 AM Jennifer Savage CVS Project on Los Gatos Blvd I am a neighbor of the CVS project on Los Gatos Blvd and LG-Aimaden road, and I attended the neighborhood meeting on July 9 . I support the project and would appreciate it if you could notify me via email of any additional meetings related to this project. Thank you, Jeffrey Fox 15486 Benedict Ln Los Gatos CA 95032 408 358-2335 jeffreyfox@v asona .net 1 ""--~ r..... ~,.-.• -"' -c =---*+-+~ -..... I 14,752 SF +2,011 SF MEZZANINE OPTION2 EXHIBIT-TRUCK PATH <l= <l= 14,752 SF +2,011 SF MEZZANINE OPTION 2 EXHIBIT. DRIVE THRU PATH " <l= <l= Luminalre Schedule Symbol Label Qty Descrlpdon Arrangement Lum. Watts Lum. 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Ogawa Plaza, Suite 375 Oakland, CA 94612 0.0 Calculation Summary BF LLF Label Description Units Avg 1.000 0.855 CVSPARKING 1.0 FC MINIMUM Fe 3.00 1.000 0.855 1.000 0.903 1.000 0.903 + 0.0 + 0.0 + 0.0 J 1.000 0.903 1.000 0.903 J + 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + LOS._GATOS BOULEVARD O.!f a.!iP~!!l!¢'/,,G~TIWWA~ O.(f ---------------- 1.000 0.903 + 0.0 \.o MASONRY- TRIM STONE- VENEER BASE J + 0.0 + 0.0 + 0.0 CLEVAT10N PLAZAZ AREA - + 0.0 + 0.0 + 0.0 7.1 0 CUSTOM ILLUMINATED BOLLARD PROJECT INFO. + 0.0 + 0.0 + 0.0 + 0.1 + 0.1 + 6.4 + 1.0 + 0.0 + 0.1 + 0.0 + 0.1 + 0.0 TEL. 510.463.8300 • FAX. 510.463.8395 DE VElOPMENT WEST Max Min AvgiMin MaxiMin 7.3 0.5 6.00 14.60 + + 0.0 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + + 0.0 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + 0.0 + 0.1 + 0.1 + 0.1 + 0.1 7.1 + 4.7 + 4.9 + 4.4 7.1 + 6.1 + 5.8 + 0.1 + 0.0 " '0 + 0.0 + 0.0 + 0.0 + 0.0 bf>o.o + + + + + 0.0 _O.Q__ _Q_.O_ Jl.ll_ a.o. ----- ~+ _,_-0.1 + 0.1 + 0.1 CVS/ + 0.1 + 0.1 + 0.1 + 0.1 + 0.1 + 5.4 14,752 SF +2,011 SF MEZZANINE OPTION 2 "30" ....... . ............... . .. ........ 7.o + 5.1 + 0.1 + 0.2 + 0.2 + 0.2 + 0.1 7.o + 6.4 + 4.7 + 4.1 + H--111.1 + H--111.1 + 0.1 + 0.1 + 0.1 + 0.2 + 0.2 ITJ ~~E1 • ~!~HTING PHOTOMETRIC CVS PHARMACY 15600 & 15650 LOS GATOS BLVD. LOS GATOS, CALIFORNIA 0 + 0.2 + 0.1 + 0.1 + 0.1 40' + + 0.0 SECONDARY RETAIL 12,000 SF + + 0.0 + 0.0 + 0.0 0.0 .. 0.2 0.1 JOB NO. LMD16 DATE. 08/20/15 DRAWING NO. DR-6.2 This Page Intentionally Left Blank ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH TO CH:PD FOR PROPERTY AT 15600 AND 15650 LOS GATOS BOULEVARD (APNs 424-14-028 AND 424-14-036) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION f The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property at 15600 and 15650 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 424-14-028 and 424-14-036) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted Highw ay Commercial) to CH:PD (Restricted Highway Commercial, Planned Development). SECTION II The PO (Planned Development Overlay) zone established by this Ordinance authorizes the following : 1. A formula retail super drugstore , including a pharmacy with a drive through service window and with a Minute Clinic that provides non-emergency services by nurse practitioners and physician assistants. 2. Construction of a 16 , 763-square foot commercial building with varying heights and the highest points at 29 feet , nine inches 3. Construction of a 12,000-square foot commercial building with varying heights and the highest points at 29 feet, nine inches 4. Lot Line Adjustment. 5. Landscaping, parking, and other site improvements shown and required on the Official Development Plan (Exhibit B). 6. Uses permitted are those specified m the underlying C H (Restricted Highway Commercial) zone by Sections 29.60.420 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as tho se sections exist at the time of the adoption of thi s Ordinance, or as they may be amended in the future, subject to any restrictions or other requirements specified elsewhere in this ordinance including, but not limited to, the Page 1 of30 Official Development Plan. However, no use listed in Section 29.20.185 i s allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit (such as a restaurant). SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically s hows otherwise. SECTION IV Architecture and Site approval is required before construction and site improvement construction work is performed , whether or not a permit is required for the work and before any permit for construction is issued . Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans) noted as Attachment _ of the report to the Town Council for the meeting of _, 2015 , are part of the Official Development Plan. The following performance standards must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 1. APPROVAL: This application shall be completed in accordance with all of the perfonnance standards listed below and the Official Development Plan. Any further changes or modifications made to the Official Development Plan s hall be approved by the Community Development Director, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s). 2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.1'0 .115 requires that any applicant who receives a permit or entitlement from the Town shall defend, Page 2 of30 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 sati sfaction of the Town Attorney. 3 . USE : The approved use is the operation of a formula retail super drugstore, including a pharmacy with a drive through service window and with up to 400 square feet for a Minute C linic that provides non-emergency services by nurse practitioners and physician assistants. 4. HOURS OF OPERATION : The super drugs tore may operate from 7:00a.m. to 10:00 p.m ., seven days a week. 5. PHARMACY AND DRIVE THROUGH HOURS: Maximum hours of operation for the pharmacy and drive through service window are 8:00 a.m . to 9 :00 p .m . Monday through Friday, 9:00a.m. to 6:00 p .m. Saturday, and 10:00 a.m. to 6:00 p.m. Sunday. 6. PARKING LOT LIGHT HOURS: Parking lot lights must be turned off at close of business. 7. DELIVERY HOURS: Delivery hours are limited to 8:00a.m. to 6 :00p.m., seven days a week. 8. ARCHITECTURE AND SITE APPROVAL REQUIRED: A separate Architecture and Site application (A&S) shall be required for each building. The Development Review Committee shall make the final determination on all A&S applications. Additional review by the Town's Consultant Architect may be required at the applicant 's expense. 9. ARCHITECTURE AND SITE CHANGES: The applicant shall incorporate the following design modifications in the Architecture and Site application plans: a. Simplify and unify the facades along Los Gatos Boulevard (primary and secondary structures); b. Provide larger awnings to emphas ize the pedestrian scale; c . Narrow the pilasters; d. Add landscaping along parking lot fas;ade for second retail structure (add tree pockets, like the ones along the north side of the primary building, at the western most and eastern most parking edges); and , Page 3 of30 e. Decrease the space between the ground and the bottom of the awnings to create a more inviting pedestrian environment. 1 0. LOT LfNE ADJUSTMENT APPROVAL REQUIRED: Where applicable, a separate Lot Line Adjustment application is required. The Development Review Committee shall make the final determination on the Lot Line Adjustment application. II. PARKING: At least 127 parking spaces shall be provided onsite for 28,763 square feet of commercial buildings. All parking is shared between the two parcels and the uses. Parking shall be double striped in compliance with Town standards. 12 . EASEMENT FOR SHARED PARKING: The applicant shall execute and record a cross access easement and shared parking agreement for shared parking across the two properties . The agreement shall detail the rights, limitations, and responsibilities of involved parties. The easements and associated agreements shall be recorded simultaneously with the parcel map. 13. BICYCLE PARKING RACKS: The design, location, and number ofbicycle parking racks must comply with class 2 VT A guidelines. 14. 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. 15 . TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed , prior to the issuance of a building or grading permit. 16. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties . 17. TREE FENCfNG: Protective tree fencing for existing trees onsite, on neighboring properties, and in the public right of way shall be installed prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection fencing plan with the construction plans. 18 . ARBORIST RECOMMENDATIONS: All recommendations made by the Town 's Consulting Arborist, Deborah Ellis, shall be implemented to eliminate or minimize construction-related impacts on the trees to be retained. Recommendations are listed in the January 3, 2012, August 21 , 2013, and January 22,2014 Consulting Arborist reports. The reports also provide recommendations for Protection Measures before and during development, encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc. Tree protection specifications shall be printed on the construction plans. A Page 4 of30 Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailin g how the recommendatio ns 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. 19. R EPLACEMENT TREES : Replacement trees shall be planted for tree s being removed. The number and size of new trees shall be determined by the Town Arborist us ing the canopy replacement tab le in the Town's Tree Protection Ordinance. Required trees s hall be planted within 60 days of tree removal , or prior to a building permit final if building permit plans have been submitted and approved. 2 0. RECYCLING: All wood, metal , glass and aluminum materials generated from the demolished structures shall be deposi ted to a company which will recycl e the materi a ls . Receipts from the company(s) accepting these materials, noting type and weight of material , s ha ll be submitted to the Town prior to the Town 's demolition ins pection . 21. LANDSCAPE AROUND MAGNOLIAS: The applicant shall redesign the landscaping aro und the Magnolia trees to be retained to provide plants with appropriate water l evel needs. 22. LANDSCAPE WATER EFFICIENCY: This project ts subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code or the State Model Water Efficient Landscape Ordinance, whichever is more restrictive. A fee as established by Town Council resolution shall be paid when the landscape, irrigation plan s, and water calculations are submitted for review, prior to the issuance of building permit. 23. PROJECT PHASING: The project may be constructed in phases. If the applicant/developer el ects to build the project in phases, then any undeve loped site(s) for future phase(s) shall include provisions for landscaping and other attractive low maintenance improvements, and security and maintenance of any undeveloped land to be developed under future phases . All parking and access improvements must completed with the first phase. 24. SIGN PROGRAM : A s tgn program from the Los Gatos Community Development Department is required for any new signs or any change of existing signs. 25. *GREENHOUSE GAS-I: GHG Reduction Measures: Prior to the i ssuance of building permits, th e appli cant shall demonstrate the incorporation of a combination (one or m o re) Page 5 of30 of sustainable project design features that would meet the EIR significance threshold of 1,100 MT C02e/year. The applicant 's current proposal reflects implementation of the GHG mitigation measures identified in Table 9 of the Initial Study, which would achieve the reductions necessary to achieve the 1,100 MT C02e/year threshold. Those measures shall be carried out, except that, at the applicant 's election and subject to approval by the Community Development Director, the applicant may substitute alternative measures of equivalent effectiveness to one or more of the GHG reduction measures identified in Table 9 of the Initial Study or in the BAAQMD CEQA Guidelines in effect at the time of project implementation. 26. *NOISE-I: Loading Dock Restrictions. For unloading/loading activities that occur before 1 :00 p.m., all beverage truck drivers shall be required to orient the sides of their trucks with the roll up doors toward the rear of the store during operation of the roll up door (away from the property boundary). This measure could require the driver to tum the truck around if both sides of the truck are to be unloaded. 27. *NOISE -2: Mechanical Equipment Design. The Town shall require implementation of the first measure or implement the second measure: a. Provide acoustically-effective screens at the east and north sides of all roof-top mechanical equipment located within 120 feet from the east parapet of the CVS building. The screens shall be constructed air-tight and shall extend to a minimum of 1 foot above top of the mechanical unit. A gap of 1 inch may be maintained at the bottom of the screen to allow for drainage. b. The project applicant shall provide to the Town evidence that the mechanical equipment associated with the project will (preconstruction) and does (post- construction) comply with the standards of the Town of Los Gatos Noise Ordinance. 28 . *NOISE-3: Trash Dumpster Design. Trash dumpsters shall have plastic tops to reduce the potential for noise disturbance from trash collection activities. 29. *NOISE-4: Construction Noise. To comply with the Town of Los Gatos Noise Ordinance time and noise limits during project construction, the Town shall require implementation of the following measures: Page 6 of30 a. Project contractors shall be required to comply with the Town of Los Gatos Noise Ordinance time and noise limits , including limiting construction activities to the hours between 8:00a.m. and 8:00p.m. on weekdays and 9:00a.m. and 7:00p.m. on weekends and holidays. b. Either the use of heavy equipment shall be restricted within 56 feet of the property boundary (80 feet for paving equipment and 90 feet for air compressors without enclosures) or the following quiet or "new technology" equipment shall be utilized as necessary to ensure compliance with the 85-dBA ordinance noise limit (85 dBA at 25 feet or 85 dBA outside the property plane): 1. All internal combustion engines used at the project site shall be equipped with a type of muffler recommended by the vehicle manufacturer. 11. All equipment shall be in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, dri ve-train and other components. 111. Temporary berms or nOise barriers, such as lumber or other material stockpiles, shall be utilized wherever possible. 1v. To minimi ze the potential for noise disturbance at adjacent or nearby residences, appropriate selection of equipment utilized for specific operations shall be done whenever feasible, such as the following : • Earth Movement: Wheeled equipment should be used rather than track equipment, whenever possible . • Ground Preparation: A motor grader should be used in stead of a bulldozer for final grading. • Building Construction: Power saws should be shielded or enclosed where practical to decrease noise emissions. • Compressors and generators should be housed in manufacturer 's acoustical enclosure where feasible. • Stationary equipment shall be located as far from noise sensitive use s as possible in order to meet the 85-dBA ordinance noise limit. Page 7 of30 (Building Division) 30. PERMITS REQUIRED: A separate Building Permit shall be required for each new commercial building and a separate Building Permit for the Trash Enclosure. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 31. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the second sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 32. SIZE OF PLANS: Four sets of construction plans maximum size 24'" x 36". 33. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department Service Counter for each building to be demolished. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed from to the Building Department Service Counter with the Air District 's J# Certificate, PG&E verification, and three (3) sets of site plans to include all existing structures, existing utility service lines, such as water, sewer, and PG&E. Also prior to issuance of the Demolition Permit, provide clearance from the Santa Clara County Fire Department -HAZMA T Division regarding the abatement of hazardous materials issues. Contact HAZMAT Administration, K.ristie Duncan . Michael Benjamin is the HAZMA T Inspector for the Town of Los Gatos. No demolition work shall be done without first obtaining a permit from the Town. 34. *HAZARDS AND HAZARDOUS MA TERIALS-1: Hazardous Building Materials Removal. Prior to demolition of the existing buildings, the project applicant shall retain a contractor(s) to remove existing hazardous building materials in accordance with the recommendations ofthe asbestos, lead, and PCB pre-demolition building survey completed in 2009 and applicable laws and regulations. Specifically, asbestos abatement shall be conducted in accordance with 8 CCR Section 1529 and Sections 341.6 through 341.14, as implemented by Cal/OSHA. Lead-based paint abatement shall be conducted in accordance with Cal/OSHA's Lead in Construction Standard (8 CCR Section 1532.1). Any PCB-or DEHP containing ballasts shall also be removed and legally disposed of in accordance with Page 8 of30 applicable laws including 22 CCR Section 66261.24 for PCBs and 22 CCR Division 4.5 , Chapter 1 I for DEHP . Fluorescent light tubes , wall thermostats containing mercury vapors, and electronic equipment shall be appropriate ly disposed of in accordance with 22 CCR Chapter 23 . 35. * HAZARDS AND HAZARDOUS MATERIALS-2: Update Environmental Databas e Review . The project applicant shall retain a qualified professional to update the environmental database review performed as part of the Phase 1 Environmental Site Assessment no more than three months prior to the start of construction but prior to issuance of building permits. The qualified professional shall prepare a report summariz ing the results of the environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soi l contamination at the proposed project site, if needed. In response, the project appl icant shall implement the recommended soil analyses, if any, prior to the issuance of building permits. 36. * HAZARDS AND HAZARDOUS MA TERIALS-3: Soil Sampling and Management. The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less-than-significant level. Oversight agency review may amend these measures as applicable to the SMP approval process. a. The project applicant shall retain a qualified professional to conduct appropriate sampling to assess the presence and extent of pesticides and re l ated metals in the soil. Sample analysis shall include dioxins and furans , chlorinated herbicides, chlorinated pesticides, and arsenic at a minimum. Should the concentration of an y constituent identified exceed the ESL and background levels, the project applicant shall notify the County of Santa Clara Department of Environmental Health, and implement any necessary corrective actions in coordination with the Department of Environmental Health. b. The project applicant shall require the construction contractor(s) to prepare a Soil Management Plan (SMP), including required confirmation soil sampling during removal of remaining hydraulic hoists, the wastewater clarifiers, and any product lines remaining at the former gasoline service station. The SMP shall also provide a plan for di s posal of identified hazardous soils and excess soil produced during Page 9 of30 construction activities , including the disposal methods for soil , potential disposal sites, and requirements for written documentation that the disposal site will accept the excess soil. If appropriate, excess soil may be disposed of on-site, under foundations or in other locations in accordance with applicable haz ardous waste classifications and disposal regulations. The contractor shall be required to submit the SMP to the project applicant for acceptance prior to implementation. Prior to or during construction, excess soil from construction a ctivities shall be sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. The project applicant shall also submit the SMP to the County of Santa Clara Department of Environmental Health a minimum of 30 days prior to the planned start of construction. c . The project applicant shall require the construction contractor to prepare and implement a site safety plan identifying the chemicals present, potential health and safety hazards , monitoring to be performed during site activities, soils- handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. d . The project applicant shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential ha zardous materials and for coordination with the a ppropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction . If any hazardous material s are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate dispo s al methods. Evidence of potential contamination includes soil discoloration, suspicious odors , the presence ofUSTs, or the presence ofburied building materials. e . In the event that any chemicals are detected at unacceptable concentrations, as determined in the County-a ppro ved SMP as part of sampling conducted under Mitigation Measures HAZ-3a or HAZ-3c, the project applicant shall notify and consult with the regulatory agencies to develop the appropriate plan of action. If Page 10 of30 additional investigation or remediation ts needed, the project applicant shall implement such action. f. The project applicant shall participate in the Voluntary Cleanup Program (VCP) administered by the County for technical oversight of the SMP and hazardous soils mitigation, unless referred to an alternate agency . Oversight includes all aspects of the site investigation and remedial action , and determination of the adequacy of the site investigation and remediation activities at the site. g. The applicant s hall submit a "no further action" letter from the oversight agency or comparable closure document that demonstrates the site has been released as clean or a mitigation plan has been approved and implemented. Each phase of building permit issuance shall be contingent upon approval of the SMP and remediation documentation. 37. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official , containing foundation and retaining wall design recommendations, shall be submitted with the Building Permit application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. 38 . FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed Civil Engineer or Land Surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items: a. Building pad elevation b.Finish floor elevation c.Foundation corner locations d.Retaining Walls 39. TITLE 24 ENERGY COMPLIANCE : All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed) onto a sheet of the plans. 40. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025 . Please provide information Page 1 I of30 on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 41. SPECIAL fNSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out, signed by all requested parties, and be blue-lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. 42 . NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36) shall be part of the plan submittal as the second or third page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee. 43. PLANS: The construction plans shall be prepared under the direct supervision of a licensed Architect or Engineer. (Business and Professionals Code Section 5538) 44. *AIR QUALITY -1: Basic Co nstruction Measures. To limit the project's construction- related dust and criteria pollutant emissions, the following 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. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited . d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Page 12 of30 f. Idling times shall be minimized either by shuttin g equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and dete rmined to be running in proper condition prior to operation. h. Post a publicly visibl e sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD 's phone number shall also be visib le to ensure compliance with applicable regulations. 45 . PAD CERTIFICATION : A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided s ubsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundatio n placement. 46. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development -Planning Division at (408) 354-6872 b. Engineering/Parks & Public Works Department at 399-5771 c . Santa Clara County Fire Department: ( 408) 3 78-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District: ( 415) 771-6000 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 47. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the Page 13 of30 applicable Town ordinances . The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense . 48 . ENCROACHMENT PERMIT: All work m the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. lt 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), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 49. rNDEMNITY AGREEMENT: The property owner shall enter into an agreement with the Town for existing and proposed improvements within the Town right of way. This agreement shall include all private improvements in the right of way including, but not be limited to ; marquee sign, balcony, etc. The agreement must be completed and accepted by the town attorney prior to the issuance of any permits. 50 . GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the town on a yearly basis . In addition to general coverage, the policy must cover all elements encroaching into the town right of way. 51 . PUBLIC WORKS rNSPECTIONS : The developer or his 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 rejection of work that went on without inspection. 52 . RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of 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 Page 14 of 30 original condition. 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. Developer shall request a walk-through with the Engineering Construction In spector before the start of construction to verify existing conditions. 53. SITE SUPERVISION: The General Contractor shall provide qualified s upervi sion on the job site at all times during construction. 54. STREET/SIDEWALK CLOSURE : Any proposed blockage or partial closure of the s idewalk 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. 55. 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. 56 . INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map . 57. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as-built" plans. 58. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Police Department. 59 . PLANS AND STUDIES : All required plans and studies shall be prepared by a Regi stered Pro fessional E ngineer in the State of California, and submitted to the Town Engineer for review and approval. 60. GRADING PERMIT: A grading permit is required for site grading and drainage . The grading permit application (with grading plans) shall be made to the Engineering Di vision of the Parks & Public Works Department located at 41 Miles A venue. The grading pl ans shall include final grading, drainage , retaining wall location, driveway, utiliti es and interim erosion control. Grading plans shall li st earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading pe rmit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s ). A separate bu ilding permit, Page 15 of30 issued by the Building Department on E. Main Street is needed for grading within the building footprint. 61 . CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to issuance of any Permit. 62. DRAINAGE: Property Owner is responsible for the adequacy of any drainage facilities and the continued maintenance thereof that will preclude and hazard to life, health or damage to adjoining property. 63 . DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage studies shall be submitted to and approved by the Town Engineer: A drainage study of the project including diversions, off-site areas that drain onto and/or through the project, and justification of any diversions ; a drainage study evidencing that proposed drainage patterns will not overload existing storm drains ; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows , catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 1 00-year flood. 64. DRAINAGE IMPROVEMENT : Prior to the recordation of a subdivision map or prior to the i ssua nce of any grading 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 recorded copy of any required easements to the Town. 65 . TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building permit. 66. SURVEYING CONTROLS: Hori zontal 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 Page 16 of30 67. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of any site work, the general contractor shall : a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval , working hours, site maintenance and other construction matters; b . Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 68. 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 Parks and Public Works during the grading permit plan review process . 69. CERTIFICATE OF LOT LINE ADJUSTMENT: A Certificate of Lot Line Adjustment shall be recorded. Two copies of the legal description for each new lot configuration, a plat map (8-V2 in. X 11 in.) and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued . 70. PARCEL MAP: A parcel map shall be recorded . Two copies of the parcel map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee . The map sha11 be recorded before any permits for new construction are issued. 71. PRIVATE UTILITIES: Prior to the recordation of a subdivision map the applican t/subdivider shall place a note on the map, in a manner that meets the approval of the Town Engineer that states: "The private streets, utilities constructed within this map shall be owned , operated and maintained by the developer, successors or assigns." Page 17 of30 72. DEDICATIONS: The following shall be dedicated on the parcel map by separate instrument. The dedication shall be recorded before any permits are issues : (additional details to be provided at the next submittal) a. Public Service Easement (PSE). b. Ingress-egress, storm drainage and sanitary sewer easements, as required. c. Sidewalk easement. Twelve (12) feet wide as shown on the PD plans 73. DEMOLITION: The existing building shall be demolished prior to recordation of the parcel map affected by this existing building. 74. SOILS REPORT: One copy of the soils report shall be submitted with the grading permit and public improvement application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 75. *GEOLOGIC HAZARDS-I: Geotechnical Investigation Recommendations . The recommendations of the Ninyo & Moore geotechnical investigation (June 7 , 2010) and any subsequent geotechnica l investigations sha ll be incorporated in the final construction plans for the proposed project (Attachment 3 of the Initial Study). These recommendations address replacement of loose fill materials and undocumented fill with compacted fill. 76. SOILS REVIEW: Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations , retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 77. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the applicant 's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letter/report prepared by the Page 18 of30 applicants ' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 78. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map. The joint trench plans shall include street and/or site lighting and associated photometries. A letter shall be provided by PG&E stating that public s treet 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. 79. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 80 . PUBLIC IMPROVEMENTS: The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer and traffic 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. TRAFFIC IMPROVEMENTS (Los Gatos Boulevard/Chirco/Los Gatos Almaden): Construct a second southbound left tum lane from Los Gatos Boulevard to Los Gatos Almaden. Northbound Los Gatos Boulevard shall maintain three vehicle lanes with a bike lane and bike lanes shall be provided for both east and west bound Los Gatos Almaden Road. A sharrow shall be provided for the westbound right tum lane from Los Gatos Almaden Road to Los Gatos Boulevard. Construct a second receiving lane for eastbound Los Gatos Almaden east of Los Gatos Boulevard. Maintain yield sign for northbound right tum traffic from Los Gatos Boulevard. Add road markings and merge signage as determined by the Town Engineer. Plans shall be prepared by developer's design consultants and submitted to Town Engineer for approval prior to construction . Applicant is required to designate necessary right of way for the required widening. b. TRAFFIC IMPROVEMENTS (Los Gatos Almaden/Peach Blossom Lane): Re-stripe eastbound Los Gatos Almaden to provide a minimum of two-car storage left tum lane for Page 19 of30 entering the project site. Re-stripe to provide a left tum lane and a shared through/right tum lane for northbound Peach Blosso m Lane. c. BUS PULL-OUT: The developer is required to construct a bus pull-out in compliance with VT A standards. The bus pull-out will be located on Los Gatos Boulevard north of Los Gatos Almaden Road at the project frontage. d. TRAFFIC SIGNAL AT LOS GATOS BOULEY ARD/LOS GATOS ALMADEN ROAD : Applicant shall upgrade ex isting traffic signal to current Town standards including, and may not be limited to , non-LED signal indication to LED 's, non-ADA compliant pedestrian pushbuttons to ADA compliant, 8" signal heads to 12", pedestrian signals to solid pedestrian count down signals, installation of video detection devices and fiber optic connection to existing fiber optic line on Los Gatos Blvd . 8 1. FRONTAGE IMPROVEMENTS : 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 ramps, traffic signal, street lighting (upgrade and/or repaint) etc. a. Replace existing street light fixture with LED light fixture . Re-paint existing street light pole as directed by Town Engineer. 82. 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 sha ll be placed underground . Underground conduit shall be provided · for cable television service. Applicant is required to obtain approval of all proposed utility aligrunents from any and all utility service providers. The Town of Los Gatos does not approve or imply a pproval for final alignment or design of these facilities. 83. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed s ubject 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. The total asphalt thickness shall be a minimum of 3-inches or shall match the existing thickness, whichever is greater. The final lift shall be 1.5-inches of half Page 20 of30 inch medium asphalt. The initial lift(s) shall be of three quarter inch medium asphalt. d . The Contractor shall schedule a pre-pav ing meeting with the Town Engineering Construction Inspector the day the paving is to take place. e. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the s lurry seal shall extend the full width of the street and shall extend 5-feet beyond the longitudinal limits of trenching. Slurry seal material s 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. 84. SIDEWALK CLOSURE: Any proposed blockage or partia l closure of the si dewalk 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. 85. SIDEWALK REPAIR: The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repa ir shall match ex isting color, texture and design , and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 86. CURB AND GUTTER: The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 87. DRIVEWAY APPROACH: The developer shall install Town standard commercial driveway approach(es). The new driveway approach shall be constructed per Town Standard Details. 88. CURB RAMPS: The developer shall construct curb ramp(s) in compliance with ADA Standards. Page 21 of30 89. FENCING: Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 90. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Section 23.1 0.080, 26 .1 0.065, 29.40.030. 91. AS-BUILT PLANS: After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG- OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS- COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 92. TRAFFIC STUDY: The traffic study submitted by the applicant assumes the following land use: A 18,823-square foot drug store with drive-through , 3,600-square foot (1 08 seat) high turnover sit-down restaurant, and 8,400-square foot commercial building (retail). Any development of land use that generates greater traffic impacts than those assumed shall require an updated traffic study utilizing a methodology approved by the Town. The Town may impose additional conditions on the applicant or development based on the updated Town-approved traffic study. 93 . CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of permit. 94. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL): The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos . The fee amount will be based Page 22 of30 upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued for each building. The final traffic mitigation fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application. 95. CONSTRUCTION STREET PARKING: No vehicle havin g a manufacture's rated gross vehicle weight exceeding ten thousand (1 0,000) 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. 96 . TRAFFIC CONTROL PLAN : The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimi ze 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 minimi ze traffic disruption. b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation. 97. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m . and between 4:00 p.m. and 6:00 p.m .). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant Page 23 of30 projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 98 . CONSTRUCTION NOISE: Between the hours of 8 :00 a.m. to 8:00 p.m., weekdays and 9 :00 a.m. to 7 :00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 99. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations . I 00 . WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Sanitary Sewer Clean-out is required for each property at the property line or location specify by the Town. 101. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flusing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backtlow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not disch arge through the backwater valve , unless first approved by the Administrative. 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 issuance of a building permit. 102 . STORMW A TER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more or on- sites which are part of a larger common plan of development which disturbs le s s than 1 Page 24 of30 acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. You are required to pro vi de proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering and /or Building Department upon request. 103. BEST MANAGEMENT PRACTICES (BMPs): Best management practices shall be maintained and be placed for all areas that have been graded or di s turb ed and for all material , equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be placed at the end of each working day. 104 . SITE DESIGN MEASURES: All projects must incorporate the following measures to the maximum extent practicable: a . Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas where feasible. d. Use permeable pavement surfaces where feasible. e . Use landscaping to treat stormwater. 105. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Department of the Parks & 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 acre. A maximum of two 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 detail s), 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.l4 of mo st current Santa Clara County NPDES MRP Permit. Monitoring for erosion and sediment control is required and s hall be performed by th e QSD or QSP as required by Page 25 of30 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 is required when there is a 50% or greater forecast of rain within the 48 hours, by the National Weather Service 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) artd must accompany monitoring reports and sampling tes t data. A Rain gauge is required on si te. The Town of Los Gatos Engineering and 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 . l 06 . DUST CONTROL: Blowing du st shall be reduced by timing construction activities so that p avi ng and bu ilding construction begin as soon as possible after completion of grading, and by land scaping 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 necessar y by the Town, or a minimum of three tim es 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 du st for th e duration of the project. Watering on publ ic streets s hall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed neces sary b y the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take pl ace between the hours of 8 a.m. and 5 p .m . and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to thi s construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind sp eeds (instantaneous gusts) exceed 25 MPH. All trucks hauling so il , sand, or other loose debris shall be covered. 107. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of th e CASQA Stormwater Best Management Practices Handb ooks for Con struction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance Page 26 of30 and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 108 . SITE DRAINAGE : Rainwater leaders shall be di scharged to splash blocks . No thro ugh curb drain s will be a ll owed. Any storm drain inlets (public or private) directl y connected to public storm sys tem shall be stenciled/signed with appropriate "NO D UM PING -Flows to Bay" NPDES required language. On-site drainage systems for all projects s ha ll include one of th e alternatives included in section C.3.i of the Municipal Regional NPD ES P erm it. These include storm water reu se via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeabl e s urfaces. If dry wells are to be u sed they shall be placed 1 0' minimum from adjacent property line and/or ri g ht of way. 109. STORM WATER MANAGEMENT PLA N: A sto rm water management plan shall be included with the grading p ermit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-2009-074 . The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a profess ional pre- qualified b y the Town. In the event that st orm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. AGREEMENT FOR STORMW A TER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner shall e nter into an agreement with the Town for maintenance of the stormwater filtration devices required to be install e d on this project by Town's Stormwater Di scharge Permit and all current amendments or modifications. The agreement will s pecify that certain routine maintenance shall be performed b y the pro perty owner and will specify device maintenance r eporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees . The agreement shall be reco rded pri or to release of any occupancy permits. Page 27 of30 110. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basi s. Mud, silt, concrete and othe r construction debri s SHALL NOT be washed into the Town 's storm drains. Ill. OUTDOOR TRASH ENCLOSURES : Outdoor trash enclosures shall be covered and provided with area drains connected to the sanitary sewer per current NPDES requirements. Temporary trash enclosures are exempt from this condition. 112. GOOD HOUSEKEEPING : Good hous e keeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is is sued by the Engineering Division. The adjacent public right-of- way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unles s a special pennit is is sued. 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 Town performing the required maintenance at the developer's expense. 113. UTILITY SETBACKS: Building foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation . The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation . 114. PERMIT ISSUANCE: Permits for each phase: reclamation, landscape, and grading, shall be issued simultaneously. 115. IMPROVEMENT AGREEMENT : The Applicant shall enter into an agreement with the Town to construct public improvements in accordance with the Town Code. 116. PUBLIC IMPROVEMENT SECURITY: The applicant shall supply suitable securities for all public improvements that are a part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the Page 28 of30 cost of the public improvements to the satisfaction ofthe Engineering Division of the Parks and Public Works Department. 117. UTILITY C OMPANY REVIEW: Letters from the electric, telephon e, cable, and trash companies indicating that the propo sed improvements and easements are acceptable shall be provided prior to recordation of the parcel map . 118 . WEST VALLEY SANITATION DISTRICT: All sewe r connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any s ubdi vision or trac t maps with respect to the subject property or properties , or immediately prior to the issuance of a sewer connection permit, which ever event occurs first -written confirmation of payment of these fees shall be provided prior to map recordation. 119. ABOVE GROUND UTILITIES: The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prev ention devices, fire department connections, gas and water meters, off-street valve boxes, h ydrants, site lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above ground utiliti es shall be reviewed and approved by Community Development prior to issuance of any permit. 120 . PRIVATE EASEMENTS: Agreements detailing rights, limitations, and respon sibilities of in vo lved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the parcel map. Page 29 of30 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on ____ , 2015, and adopted by the following vote as an ordinance of the Town of Lo s Gatos at a meeting of the Town Council of the Town of Los Gatos on ____ , 2015 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES : NAYS: ABSENT: ABSTAIN : ATTEST: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS , CALIFORNIA Page 30 of30 TOWN OF LOS GATOS Application No. PD-11-005 A.P.N. #·424-14-028 & 036 N Change of zoning map amending the Town Zoning Ordinance. A [81 Zone Change From: CH To: CH:PD Forwarded by Planning Commission Date: Approved by Town Council Clerk Administrator: Date: Mayor: Ord: EXHIBIT A of Exhibit 37 1fUVJg if;J7 tf111JUOJ1U;JJU I ;J8VJ S!lf.l