11 Staff Report - 14595 Clearview Drive
COUNCIL AGENDA REPORT MEETING DATE: ITEM NO. 1\ 9/7/04 !!. DATE: TO: FROM: SUBJECT: August 23, 2004 ORRY P. KORB, TOWN ATTORNEyOl ADOPT RESOLUTION
DENYING APPEAL· OF THE PLANNING COMMISSION DECISION APPROVING A REQUEST TO EXPAND MEMBERSHIP, PROVIDE OUTSIDE SEATING FOR THE RESTAURANT AND SNACK SHOP AND TO DEMOLISH AN EXISTING PRO-SHOP,
TO ADD ONTO AND CONSTRUCT NEW EXPAND AND UPGRADE LANDSCAPING AND PARKING ANDTOREMODELANDADD ONTOANEXISTINGCLUBHOUSE(LA RINCONADA COUNTRY CLUB)
ON PROPERTIES ZONED R-1:20 AND RC AND PREZONED R-1:12. ARCHITECTURE AND SITE APPLICATION: S-04-026. CONDITIONAL USE PERMIT: U-04-99. PROPERTY LOCATION: 14595 CLEARVIEW DRIVE. PROPERTY
OWNER: LA RlNCONADA PROPERTY. APPLICANT: KENNETH RODRIGUES &:-PARTNERS, INC. APPELLANT: CHRIS DELAOSSA RECOMMENDATION: Adopt resolution confirming Council action on August 16, 2004 DISCUSSION:
On August 16, 2004, Council denied the appeal of a decision of the Planning Commission concerning a request to expand and remodel the property at 14595 Clearview Drive. Attachments:
Resolution Distribution: La Rinconada Property, 14595 Clearview Drive, Los Gatos, CA 95032 Kenneth Rodrigues & Partners, Inc., 10 S. Third St., #400, San Jose, CA 95113 Chris DeLa Ossa
& Isabel Guerra, 14350 LaRinconada Dr., Los Gatos, CA 95032 Ken & Janice Reynolds, 14345 LaRinconada Dr., Los Gatos, CA 95032 Union Bank, P.O. Box 3100, Los Angeles, CA 90051 PREPARED
BY: ORRYP. KORB, TOWN ATTORNEY .. OPK:LMB/wp [N:\ATY\Clearview.TCR.wpd] Reviewed by: Manager 062') Finance Rev: 8/23/04 10:48 am Reformatted: 7/19/99 Assistant
Town Manager Community Development Clerk File# 301-05
IIII ---;I RESOLUTION ADOPT RESOLUTION DENYING APPEAL OF THE PLANNING COMMISSION DECISION APPROVING A REQUEST TO EXPAND MEMBERSHIP, PROVIDE OUTSIDE SEATING FOR THE RESTAURANT AND SNACK
SHOP AND TO DEMOLISH AN EXISTING PRO-SHOP, TO ADD ONTO AND CONSTRUCT NEW OUTBUILDINGS, EXPAND AND UPGRADE LANDSCAPING AND PARKING FACILITIES AND TO REMODEL AND ADD ONTO AN EXISTING CLUB
HOUSE (LA RINCONADA COUNTRY CLUB) ON PROPERTIES ZONED R-1 :20 AND RC AND PREZONED R-1: 12. ARCHITECTURE AND SITE APPLICATION: S-04-026 CONDITIONAL USE PERMIT: U-04-99 PROPERTY LOCATION:
14595 CLEARVIEW DRIVE PROPERTY OWNER: LA RINCONADA PROPERTY APPLICANT: KENNETH RODRIGUES & PARTNERS, INC. APPELLANT: CHRIS DELAOSSA WHEREAS: A. This matter came before Council for public
hearing on August 16, 2004, on an appeal by Chris DeLaOssa (appellant) from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B.
Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Council considered all testimony and materials
submitted, including the record ofthe Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated August 5, 2004, along with subsequent reports
and materials prepared concerning this application. C. The applicant is requesting approval to demolish an existing pro shop, to add onto and construct new outbuildings, expand and upgrade
landscaping and parking facilities and to remodel and add onto the existing club house. The applicant is also asking approval to modify the use permit to increase the membership (from
451 members to 511) and to allow outside dining for the existing restaurant and grill area. The Planning Commission considered this matter on June 9,
2004 and approved the applications subject to conditions. D. Appellant claims that the Planning Commission erred or abused its discretion and erroneously failed to consider the additional
traffic impact on the neighborhood. E. The Planning Commission decision was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on Architecture and Site Application
S-04-026 and Conditional Use Permit U-04-009 is denied. Revised Conditions of Approval, attached hereto as Exhibit A and B, are applied to this appeal. 2. The decision constitutes a
final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial
relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required
by State and Federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los I·II! Gatos, California, on the COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN:
ATTEST: day of , 2004 by the following vote. SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA -II CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\Clearview.RES.wpd
CONDITIONS OF APPROVAL FOR THE ARCmTECTURE AND SITE APPLICATION 14595 Clearview Drive Architecture and Site Application S-04-026 Conditional Use Permit U-04-009 " Requesting approval
to expand the membership, provide outside seating for the restaurant and snack shop and to demolish an existing pro shop, to add onto and construct new outbuildings, expand and upgrade
landscaping and parking facilities and to remodel and add onto an existing club house (La Rinconada Country Club) on properties zoned R-1:20 and RC and prezoned R-1:12. PROPERTY OWNER:
La Rinconada Property APPLICANT: Kenneth Rodrigues & Partners, Inc. TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 1. APPROVAL: This application shall
be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved and noted as Exhibit I in the report to the Planning
Commission. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee or the Planning Commission,
depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 ofthe Town Code, unless the approval
has been vested. 3. TREEREMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance ofa Building, Grading or Encroachment Permit. 4. WHEEL STOPS. A continuous concrete
curb shall be provided in the parking lot, unless a Town Code amendment or policy is adopted to allow wheel stops to meet Best Management Program methods forNPDES requirements. A continuous
concrete curb is permitted with breaks in the curb to allow for drainage to the satisfaction ofthe Directors ofCommunity Development and Parks and Public Works. 5. ARBORIST REQUIREMENTS.
The developer shall implement, at their cost, all recommendations made bythe Town's Consulting Arborist identified in the Arborist's report, dated May 18, 2004, on file in the CommunityDevelopment
Department. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit, where applicable. 6. HEIGHT. The maximum height
of the building shall not exceed 30 feet. 7. MECHANICALEQUIPMENT. All mechanical equipment shall be screened and the screening shall match the building in terms ofmaterial and color.
Noise levels from the equipment shall not exceed what is permitted by Section 16.20.025 ofthe Town Code. 8. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished structures shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight ofmaterial, shaUbe
submitted to the Town prior to the Town's demolition inspection. 9. EXTERIOR MATERIALS. All finishes and materials shall be authentic. (Building Division) 10. PERMITS REQUIRED: A building
permit shall be required for the addition to the country club. A separate building building permit is required for site retaining walls and detached restroom buildings; , separate electrical/mechanic
al/plumbing permits shall be required as necessary. Page 1 of 7 EXHIBIT A
-; 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. CONDITIONS OF AFPROVAL: The of Approval must be blue-lined in full on the cover sheet ofthe construction plans.
SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36." PLANS: The constructionplans shall be prepared under the direct supervision ofa licensed architect or engineer.
(Business and Professionals Code Section 5538) 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. ALTERNATE: Design the foundation
for an allowable soils 1,000 psf design pressure. (Uniform Building Code Volume 2 -Section 1805) 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, the building pad elevation, on-site retaining wall locations and elevations are prepared according to 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 TITLE 24 ENERGY COMPLIANCE:
California Title 24 Energy Compliance forms CF-1R and MF-1R must be blue-lined on the plans. TOWNFIREPLACE STANDARDS: New firepit shall be an EPA Phase II approved appliance as per Town
Ordinance 1905. Tree limbs shall be cut within 10-feet of chimneys. TITLE 24 ACCESSIBILITY -COMMERCIAL: On-site parking facility shall complywiththe latest California Title 24 Accessibility
Standards. TITLE 24 -COMJ\1ERCIAL: On-site general path oftravel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to,
accessibility to building entrances from parking facilities and sidewalks. TITLE 24 -COMMERCIAL: The building shall be upgraded to comply with the latest California Title 24 Accessibility
Standards. Necessary work shall be first investigated by the design architect, then confirmed by Town staff. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section
1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance bfthe 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. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program shall be part ofthe plan submittal
as the second page. The specification sheet is available at the Building Division Service Service Counter. AFPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit: a. Community Development: Sandy Baily at 354-6873 b. Engineering Department: Fletcher Parsons at 395-3460 c. Parks & Public Works Department: (408) 399-5777
d. Santa Clara County Fire Department: (408) e. West Valley Sanitation District: (408) 378-2407 f. County Health Department: (408) 885-4200 g. Local School District:
(Contact the Town Building Service Counter for the appropriate school district and to obtain the school form.) Page 2 of 7
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 24. ANNEXATION. Parcel 409-29-018 shall be annexedwithin 6 months ofa certificate ofoccupancy. 25.
PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed
and approved by the Town, and guaranteed by contract prior to issuance of a building permit, and guaranteed by Faithful Performance Security and Labor & Materials Security prior to issuance
of an encroachment permit. The improvements must be completed and accepted by the Town within 6 months of issuance of a Certificate of Occupancy for any new or remodeled buildings. WedgewoodAvenue.
Curb, gutter, sidewalk, curb-ramps, tie-in paving, signing, and striping on the south side of Wedgewood Avenue to provide a 15-foot half street paved width between Mulberry and Wimbledon.
26. TREE IMPACTS. The sewerline and hammerhead turnaround shall be redesigned redesigned to avoid tree impacts. 27. HYDROLOGY STUDY. The developer shall prepare an hydrologic study of
the watershed contributing to the roadside ditch adjacent to Wedgewood Avenue between Mulberry Drive and Wimbledon Drive prior to issuance of a building permit. 28. PUBLIC STORM DRAIN.
The developer shall contract out the design and construction ofpublic storm drainbetweenMulberryDrive and WimbledonDrive. TheTownwill reimburse the developer for storm drain design and
construction up to a maximum amount to be clearly identified in the development agreement. Inno event will the developerbe responsible for funding public storm drain improvements or
design. The public storm drain shall be constructed concurrently with the Wedgewood Avenue curb, gutter and sidewalk. 29. DEDICATIONS. The following shall be dedicated on by separate
instrument. The dedication shall be recorded within 6 months of issuance of a Certificate of Occupancy for any new or remodeled buildings. Wedgewood Avenue. Public access. easement as
required to encompass the Wedgewood sidewalk. 30. DEVELOPMENT AGREEMENT. Prior to issuance ofa building permit, the Developer shall enter into an agreement to: a. Construct public improvements
within 6 months ofissuance of a certificate of occupancy; b. Contract for design and construction ofthe Wedgewood Avenue public storm drain. The public storm drain shall be constructed
within 6 months ofissuance of a certificate of occupancy; c. Town reimbursement to developer for construction of the Wedgewood public storm drain within 30 days ofreceipt of an invoice;
d. Dedicate a public access easement for the Wedgewood sidewalk within 6 months ofissuance of a certificate of occupancy; e. Defer posting of security for public improvements until issuance
of an encroachment permit; f. Construct the Wedgewood driveway modifications within 6 months ofissuance ofa certificate of occupancy; g. Annex parcel 409-29-018 within 6 months ofissuance
of a certificate of occupancy. 31. PUBLIC IMPROVEMENT SECURITY. The applicant or his contractor shall supply suitable securities for all public improvements that are a part ofthe development
in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and material) prior to issuance ofan encroachment permit. The public storm drain to be funded by
the Town shall not be included in the security. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering
Division of the Parks and Public Works Department. 32. STORM DRAIN DETENTION. Modify mounding in the vicinity ofthe 6th hole to increase on-site detention and to re-direct the overland
drainage release to the SCVWD ditch adjacent to Wedgewood Avenue west of Mulberry Drive. The m?difications shall be completed prior to Page 3 of 7
issuance of any certificate of occupancy. 33. WEDGEWOOD AVENUE DRIVEWAY. The developer shall widen the driveway on Wedgewood Avenue near Mulberry Drive and recess the gate a minimum
distance of 25-feet from the Wedgewood right of way to facilitate truck movements into and out of the site. Driveway modifications may require relocation to align the driveway with Mulberry
Drive. The developer shall demonstrate that the new driveway configuration can accommodate a transfer truck and aWB50 truck. The driveway modifications shall be completed within 6 months
ofissuance ofa certificate of occupancy. 34. 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 Division ofthe Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway,
utilities and interim erosion control. Grading plans shall list earthwork quantities and a a table of existing and proposed impervious areas. Unless specifically allowed by the Director
ofParks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building
permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 35. 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 ofapproval, and will make certain
that all proj ect sub-contractors have read and understand them prior to commencing work and that a copy ofthe project conditions ofapproval will be posted on site at all times during
construction. 36. RETAINING WALLS. Abuilding permit, issuedbythe Building Department at 110E. Main Street, may be required for site retaining walls. Site retaining walls are not reviewed
or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 37. SOILS REPORT. One copy of the soils report shall be submitted with
the grading permit 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" bythe engineer or geologist, in conformance with Section 6735 ofthe California Business and Professions Code. 38. 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. 39. SOILS ENGINEERCONSTRUCTIONOBSERVATION. 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 applicants soils engineer
and submitted to the Town before final release of any occupancy permit is granted. 40. INSURANCE. One million dollars ($1,000,000) ofliability insurance holding the Town harmless shall
be provided in a format acceptable to the Town Attorney before issuance of the building permit. 41. TREE REMOVAL. Copies ofall necessary tree removal permits shall be provided prior
to issuance of a grading permit. . Page 4 of 7
42. 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 applicable
Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end ofthe day. Dirt and debris shall not be washed into storm drainage
facilities. The storing ofgoods 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. 43. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction Encroachment Permit. All work over $5,000 will require construction security.
44. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an 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 ow work that went on without inspection. 45. SURVEYING CONTROLS.
Horizontal and vertical controls shallbe set and certifiedby 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 46. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering
Division of the Parks & Public Works Department. A Notice ofIntent (NOl) 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 stabilizinglbuilding on an area if grading is allowed
during during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion
control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms,
check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order ·01-024 of the amended Santa Clara County NPDES Permit. 47. DUST CONTROL.
Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion ofgrading, and by landscaping disturbed
soils as soon as possible. Further, water trucks shall be present and in use at the construction construction site. All portions of the site subject to blowing dust shall be watered
as often as deemed necessaryby the Town, or a minimum ofthree times daily in order to insure proper control ofblowing dust for the duration of the project. Watering on public streets
shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction
activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects ofblowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall
be halted when wind speeds (instantaneous gusts) exceed 25 :MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 48. CONSTRUCTION STREET PARKING. No vehicle having
a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed on the portion of a street which abuts property in a residential zone without prior
approval from the Town Engineer (§ 15.40.070). 49. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 50. NONPOINT SOURCE
POLLUTION PREVENTION. Bio-swales shall be provided within the parking lots. Page 5 of 7
51. CARTWASHOFF FACILITY. The cart washofffacility drainage shall be connected to the sanitary sewer system. The washoff facility shall be covered and graded such that rainwater does
not enter the sanitary sewer system. Additional sediment traps or filters may be required by West Valley Sanitary District. 52. 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 basis. Mud, silt, concrete and other construction debris SHALL NOT
be washed mto the Town's storm . drains. 53. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground,
as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 54. 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, raisedpavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition
equal to or better than the 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 Inspector before the start ofconstruction to verify existing conditions.
55. AS-BUILT PLANS. After completion ofthe construction ofall 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 layernarning convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer:
RETAINING WALL; d) SwimmingPool, 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. 56. SANITARY SEWER LATERAL. Sanitary sewer laterals
are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line.
57. GREASE TRAPS. Meet all requirement ofthe Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 58.
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. 59. 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 offthe proj ect site. This mayinclude, 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. Page 6 of 7
(Parks and Forestry Division) 60. GENERAL. All existing trees shown to rem<rin on the plan and newly planted trees are specific subj ects of approval of this plan and must remain on
site. 61. NEW TREES. The new trees to be planted shall be double-staked, using rubber tree ties and shall be planted prior to occupancy. 62. WATER CONSERVATION ORDINANCE REQUIREMENT.
The proposed landscaping shall meet the Town ofLos Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town COlUlCil is required when working
landscape and irrigation plans are submitted for review to the Town's Park Superintendent. N:\ATY\Clearview.A&S.CON.wpd Page 7 of 7
CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE PERMIT 14595 Clearview Drive Architecture and Site Application S-04-026 Conditional Use Permit U-04-009 Requesting approval to expand the
membership, provide outside seating for the restaurant and snack shop and to demolish an existing pro shop, to add onto and construct new outbuildings, expand and upgrade landscaping
and parking facilities and to remodel and add onto an existing club house (La Rinconada Country Club) on properties zoned R-l:20 and RC and prezoned R-l:12. PROPERTY OWNER: La Rinconada
Property APPLICANT: Kenneth Rodrigues & Partners, Inc. TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 1. USE. Uses pennitted include a private golf
course with driving range and a country club facility (see letter ofjustification from applicant, dated May 20,2004, Exhibit A ofPlanning Commission report, for all approved uses). 2.
REVIEW. The Planning Commission shall review the use permit in one year from the last approval, September 10, 2003, to evaluate the success of the mitigation measures and to determine
if additional steps need to be taken to mitigate the errant golfballs from the driving range. This review shall not be noticed, but neighbors who have been involved with the public hearing
process on this matter will be contacted ofthe review. 3. HOURS OF OPERATION. Hours of operation for Club room facilities shall be limited from 7 a.m. to 1 a.m. Monday through Sunday.
On Mondays, the facility shall be open only for golf tournament related uses. 4. MEMBERSHIP. A total of416 "certified" members and 65 "other" members is permitted. Once this membership
is met, the Club mayapply for an additional 30 "certified" and/or "other" members, for approval by the Development Review Committee (DRC). The DRC shall hold a public hearing to consider
this request. At the time this request is submitted, the Club shall provide to the Town at least one year of data regarding golf club activity (e.g. the number ofrounds of golf, the
number of special events, such as weddings, special tournaments etc, deliveries, and day to day golf activities). An annual 40,000 rounds ofgolf shall be considered to be the maximum
threshold for allowing additional members. The maximum number of certified and social members combined shall not exceed 511. 5. SEATS. The maximum number ofinside and outside seats in
the dining area shall not exceed 252. The maximum number of inside and outside seats in the grill room and snack shack area shall not exceed a total of 68. 6. OUTSIDE DINING. Patio meal
service shall cease at 10 PM. 7. MUSIC. Music is permitted inside the club house. There shall be no outdoor music. 8. SERVICE VEIDCLES. All service trucks and vendors shall only use
the Wedgewood Avenue entrance and exit. The applicant shall request that vendor deliveries occur between 9AM and 3 PM. No staging of delivery trucks shall occur on Town streets. 9. SECURITY
GUARDS. A uniformed security guard shall be present at all large party functions. 10. SIGNS. Sign shall be posted at exit from parking lot reminding drivers to exercise caution as they're
going through a residential area with poor visibility in some areas. 11. CLUB POLICY. The management ofthe Club shall maintain a policy to inform club members on how to use the driving
range to reduce errant golf balls. Page 10f 2 EXHIBIT e
12. MEMBERSHIP NOTICE. The letter to the membership and the Country Club's web site shall continue to include a reminder on how to use the driving range. 13. ANNUAL MEETINGS. The management
of the Club shall hold annual meetings with their neighbors on Clearview Drive and Wedgewood Avenue to discuss issues of concerns. 14. POLICING DRIVING RANGE. The driving range shall
be policed by its members or staff at all times when in use to ensure the range is being used correctly. 15. GOLF SIGNAGE. Signs shall be placed on all the ball machines to inform golfers
to direct their golf shots towards the center of the driving 'range. Signage shall be maintained on the range reminding golfers to hit towards the center of the range and/or the targets.
16. DRIVING RANGE. The direction of the first four stalls on the left side of the driving shall be maintained toward the center of the driving range 17. INSPECTION. Country Club staff
shall inspect along Wedgewood Avenue once a week for errant golfballs and document their findings. 18. HITTING STALLS. Irons only shall be required on the hitting stalls. The four stalls
closest to Wedgewood Avenue shall prohibit the use of irons above 7. The stalls closest to Wedgewood Avenue shall be available for right handed golfers only. 19. NOTICE TO NEIGHBORS.
The applicant shall notify impacted neighbors the dates and times of proposed sand deliveries. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS (Engineering Division) 20.
TRAFFIC COUNTS. The Town Engineering Division shall take traffic counts on Wedgewood Avenue six months after the Certificate ofOccupancy is issued to the La Rinconada Country Club. The
traffic counts shall be summarized in tabular form and compared to those taken by the Town prior to the project. The comparison shall be provided to Council and to the neighbors for
review. Any action needed shall be initiated as directed by Council. N:\ATY\Clearview.CUP.CON.wpd Page 2 of 2