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
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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
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0>-------lO T3B QTY 2 -UCM-T3-32LED-4K-700-BLK BACK-BACK 74.9 6159 0.950 0.950
* Z = LUMINAIRE MOUNTING HEIGHT A.F.G
Luminaira Location Summary
LumNo Label X y z • Orlant
1 8L 321 385 3.5 0
2 8L 324 359 3.5 0
3 8L 289 396 3.5 0
4 8L 282 355 3.5 0
5 8L 294 328 3.5 0
8 08 587 215 9.33 0
7 08 585 217 9.33 0
8 08 571 219 9.33 0
9 08 589 221 9.33 0
10 oc 466 347 24 0
11 oc 482 343 24 0
12 oc 470 351 24 0
13 T38 432 210 15 180
14 T4 838 203 15 180
15 T4 838 409 15 180
18 T48 584 412 15 271.397
17 T48 507 408 15 273.18
18 T48 448 405 15 277.125
19 T48 374 404 15 270
20 T48 321 337 15 0
21 T48 342 271 15 30.964
22 T48 382 225 15 33.071
23 T48 384 348 15 0
24 T48 400 290 15 5.711
25 T48 543 139 15 90
28 T48 475 147 15 75
27 T48 599 139 15 90
28 T48 656 139 15 90
29 T48 713 139 15 90
30 WP 485.3 214.3 18 270
31 WP 535.3 214.3 18 270
32 WP 573 248 18 0
33 WP 573 293 18 0
34 WP 573 341 18 0
+ + + +
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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
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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
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+ 5.4
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+2,011 SF MEZZANINE
OPTION 2
"30" ....... . ............... . .. ........
7.o + 5.1
+ 0.1 + 0.2 + 0.2 + 0.2
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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)
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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:
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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.
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(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
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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
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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
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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.
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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
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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
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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,
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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
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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."
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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
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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
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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
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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.
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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
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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
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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
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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
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