06 Staff Report - La Rinconada Country Club Improvements
DATE: TO: FROM: SUBJECT: MEETING DATE: 11/15/04 ITEM NO. I16 I, COUNCIL AGENDA REPORT November 10,2004 MAYOR AND TOWN COUNCIL {;) . DEBRAJ. FIGONE, TOWN LA RINCONADA COUNTRY
CLUB IMPROVEMENTS A. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND LA RINCONADA COUNTRY CLUB FOR CURB, GUTTER, SIDEWALK,
AND STORM DRAIN IMPROVEMENTS ALONG WEDGEWOOD AVENUE B. AUTHORIZE PAYMENT FOR DESIGN AND CONSTRUCTION OF STORM DRAIN IMPROVEMENTS ON WEDGEWOOD AVENUE C. AUTHORIZEBUDGETADJUSTMENTINTHEAMOUNTOF
$76,250 FROM STORMDRAIN FEES FUND, IN THEEVENT GRANTFUNDS ARE NOT AVAILABLE. RECOMMENDATION: 1. Adopt resolution (Attachment 1) authorizing the Town Manager to enter into an agreement
(Exhibit A) between the Town of Los Gatos and La Rinconada Country Club for curb, gutter, sidewalk, and storm drain improvements along Wedgewood Avenue. 2. Authorize payment for design
and construction ofstorm drain improvements on Wedgewood Avenue. 3. Authorize budget adjustment in the amount of$76,250 from Storm Drain Fees Fund, in the event grant funds are not available.
BACKGROUND: On September 7, 2004, the Town COlmcil adopted Resolution 2004-115 (Attachment 2) 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, construct new outbuildings, expand and upgrade landscaping and parking facilities,
and to remodel and add onto an existing club house. Condition 30 of Exhibit B of that resolution stated: PREPARED BY: OHN E. CURTIS irector of Parks and Public Warks Reviewed
by: Town Manager LAttomey __Clerk -::f./Finance Community Development Revised: 11/12/04 1: 13 pm Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\LRCC.CG&W.SD.draftI.wpd
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: LA RINCONADA COUNTRY CLUB IMPROVEMENTS November 10, 2004 DEVELOPMENTAGREEMENT Prior to issuance ofa buildingpermit, the Developer shall enter into
an agreement to: a. Construct public improvements within 6 months of issuance of a certificate ofoccupancy; b. Contractfor design andconstruction ofthe WedgewoodAvenue public storm drain.
The public storm drain shall be constructed within 6 months ofissuance ofa certificate ofoccupancy; c. Town reimbursement to developerfor construction ofthe Wedgewood public storm drain
within 30 days ofreceipt ofan invoice; d. Dedicate apublic access easementfor the Wedgewoodsidewalkwithin 6 months ofissuance ofa certificate ofoccupancy; e. Defer posting ofsecurityfor
public improvements until issuance ofan encroachment permit; f Construct the Wedgewood driveway modifications within 6 months of issuance ofa certificate ofoccupancy; g. Annex parcel
409-29-018 within 6 months ofissuance ofa certificate ofoccupancy. Town staffand the applicant have prepared an agreement (Exhibit A) to accomplish this condition. DISCUSSION: The applicant's
project consists ofan addition of3,700 square-feet ofstructure on their 125 acre site. This is a relatively small addition when compared to the total site area available. Through the
approval process, the Town negotiated both on-site and off-site improvements to correct existing deficiencies in storm drainage and circulation systems. Some ofthese improvements are
required to correct deficiencies in the current operation of the golf club, while others are required to correct deficiencies that are unrelated to golf club operations or to their current
approval. These improvements would typically be required to be completed prior to issuance of a certificate of occupancy. The applicant requested that completion of several of the improvements
be postponed to a date six months after occupancy to allow them to focus on clubhouse completion. The Town agreed to postpone several improvements due to the applicant's agreement to
widen Wedgewood Avenue and to provide curb, gutter, and sidewalks between Mulberry and Wimbledon (Attachment 3). The road widening project has an estimated cost ofabout $160,000 and
is not required to mitigate golf club impacts. The Town was planning a storm drainage project (refer to the Five Year Capital Improvement Program) that would need to be completed prior
to the golfclub's commencement of the road widening. The new sidewalks and curb and gutter will be placed on top of the storm drain trench. Granting the golf club's request to postpone
certain improvements allowed the Town to combine the Town project with the golf clubs road widening to create a single, coordinated project. The proposed agreement (Exhibit A) provides
the framework for securities to be posted at the time ofclubhouse occupancy to ensure that the delayed improvements will be constructed, as well as the mechanism for the Town to reimburse
the golf club.
PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: LA RINCONADA COUNTRY CLUB IMPROVEMENTS November 10, 2004 Town Code §24.60.030 authorizes the expenditure of drainage fees "solely for the construction,
or reimbursement for construction, of local drainage facilities within the planned local drainage area from which the fees comprising the fLmd were collected." The drainage improvements
to be funded on Wedgewood Avenue are located within Storm Drain Basin 3 and are not required to mitigate impacts of the applicant's project. Similar to Town Code §24.60.045, which authorizes
reimbursement ofcertain storm drain improvement costs incurred by a subdivider, the Wedgewood Avenue improvements would provide supplemental size or capacity for the benefit of property
outside ofthe project site. Consequently, this storm drain project is eligible to receive funding from the Storm Drain Basin 3 account. ENVIRONMENTAL ASSESSMENTS: This activity is a
project as defined under the California Environmental Quality Act (CEQA) but is ministerial, therefore no further action is required under CEQA. FISCAL IMPACT: Storm drain design and
topography are estimated to cost $13,750 on a November 2, 2004 fee proposal prepared by Kier and Wright Engineers. Town staff construction estimate for the storm drain system will cost
$160,000 and construction staking will cost $2,500. The total Town cost for storm drain improvements will be $176,250. Sufficient funds are available to provide full funding to reimburse
the golf club $176,250 for storm drain improvements in Project 410/462-0521, per the approved FY2004-05 Capital Improvement Program as demonstrated below: ,.
LW .a. in 4!.Q!:t.62-0521 IFY2003/04 Adopted Budget ••w. • •... -'.. Actual .
. L_.__Adjusted ; . Budget l Or Planned To Date' Balance i ITotal Wed ewoodStormDrain 410/462-0521
__ __
.....··.,,,,,m__
FY2004/05 ............)
}99,999..... iFY2004/05 NewAllocation 462-0521 100,000 r !Total Wedgewood Storm Drain 410/462-0521 I $ 300,000 r $ 300,000 . * In the event that grant funds from MTC are not approved,
additional storm drain fees are available through the budget adjustment approved in this item.
PAGE 4' MAYOR AND TOWN COUNCIL SUBJECT: LA RINCONADA COUNTRY CLUB IMPROVEMENTS November 10, 2004 Attachments: 1. Resolution authorizing agreement between the Town ofLes Gatos and La
Rinconada Country Club (with Exhibit A) Agreement to Construct Curb, Gutter, Sidewalk, and Storm Drain on Wedgewood Avenue 2. Resolution 2004-115 denying appeal of Planning Commission's
decision 3. Proposed Plan
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND LA RINCONADA COUNTRY FOR
CURB, GUTTER, SIDEWALK, AND STORM DRAIN IMPROVEMENTS ALONG WEDGEWOOD AVENUE WHEREAS, on September 7,2004, the Town Council adopted Resolution 2004-115 denying appeal ofthe Planning Commission's
decision to approve a request to expand membership, provide outside seating for the restaurant and snack shop, and to demolish an existing pro-shop to add onto, construct new outbuildings,
expand and upgrade landscaping and parking facilities, and to remodel and add onto an existing club house; and WHEREAS, The applicant's project consists of an addition of 3,700 square-feet
of structure on their 125 acre site; and WHEREAS, it is in the best interest ofthe Town ofLos Gatos to enter into an agreement with the LaRinconada Country Club for curb, gutter, sidewalk,
and storm drain improvements along Wedgewood Avenue; and WHEREAS, the Town ofLos Gatos is willing to pay for the design and construction of storm drain improvements on Wedgewood Avenue;
and WHEREAS, the Town Council has reviewed the agreement between the Town ofLos Gatos and the La Rinconada Country Club attached as (Exhibit A). NOW, THEREFORE,BE ITRESOLVED THATtheTownCouncil
hereby approves the Agreement between the Town and the La Rinconada Country Club. Attachment 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the day of , 2004 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR CHAIR
OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
AGREEMENT TO CONSTRUCT CURB, GUTTER, SIDEWALK, AND STORM DRAIN ON WEDGEWOOD AVENUE 14595 Clearview Drive, Los Gatos, California AP.N.409-29-018 This Agreement (the "AGREEMENT") is made
and entered into as of this _ day of , 2004 by and among the Town of Los Gatos, a municipal corporation, County of Santa Clara, State of California (the "TOWN") and La Rinconada Golf
Club, Inc. (the "LESSEE"). RECITALS A Maxine L. Nevin, Trustee (the "OWNER"), residing at 1114 Calle Venezia, San Clemente, California 92672, owns that certain real property located
at 14595 Clearview Drive, Los Gatos, California. The Owner entered into a 99 year lease with the La Rinconada Golf Club, Inc. (the "LESSEE") on November 7, 1952. The lease commencement
date was October 1st, 1952. B. The Town Council adopted Resolution 2004-115 on September 7, 2004 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 (Architecture and Site Application: S-04-026 and Conditional Use Permit: U-04-99). C. Condition No. 30 of the Conditions
of Approval for the Architecture and Site Application contained in Resolution 2004-115 requires the LESSEE to enter into an agreement with the TOWN prior to issuance of a building permit.
NOW, THEREFORE, in consideration ofthe mutual promises and agreements set forth below, the parties hereto agree as follows: AGREEMENT 1. PUBLIC IMPROVEMENTS. The following improvements
shall be installed by the LESSEE. Plans for those improvements shall be preparedby a California registered civil engineer, reviewed and approvedbythe TOWN, and guaranteedbyFaithful Performance
Security and Labor & Materials Security, as specified below, 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. 2. A WedgewoodAvenue: Curb, gutter, sidewalk, curb-ramps, tie-inpaving, signing, and striping on the south
side ofWedgewood Avenue to provide a 15-foot half street paved width between Mulberry and Wimbledon. Exhibit A
3. PUBLIC STORM DRAIN. The LESSEE shall contract out the design and construction ofpublic storm drain between Mulberry Drive and Wimbledon Drive. The TOWNwill reimburse the LESSEE for
storm drain topography and design up to a maximum amount of$13,750, for construction up to a maximum amount of$160,000, and for construction engineering/surveying up to amaximum amount
of$2,500. In no event will the LESSEE be 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. The design shall conform to the following general scope of work: a) Provide construction signage and traffic control. One way traffic must be kept open
at all times. b) Clear and grub the site. c) Trim trees as needed for the construction ofthe project. d) Any trees that are to be removed per Town Arborist will be removed by Town crews.
e) Furnish and install 1,500 LF of 18" HDPE storm drain pipe (the pipe will be placed approximately in a trench which is currently an open ditch). Connect this pipe to the existing manhole
on Wedgewood Avenue near Wimbledon Drive. No headwalls and junction structures will be built in this proj ect. .. f) Furnish and install 4 CatchBasins per plan
# 303 along the back of the new sidewalk. g) Furnish and install 4 Standard Curb inlets per Town Standard plan # 301 along the new curb line. h) Contractor shall furnish Labor, Materials,
and performance bonds for storm drain components of the project. i) Install 1,500 LfofConcrete Curb & Gutter per Town Standard plan#210. h) Install 1,500 LF of Concrete Sidewalk (5'
wide) per Town Standard plan #216. j) Widen Wedgewood Avenue along the Country Club frontage as stated on the above project limits to achieve a 15' wide traveled lane from center line
to lip of gutter. The pavement section for this widening shall be a minimum of 3" AC over 6" AB. k) Any striping will be done by the Town and is not included in this scope of work. 4.
REIMBURSEMENT. The TOWN shall reimburse the LESSEE for construction ofthe Wedgewood public storm drain within 60 days after the acceptance ofthe project by the Town. 5. ARBORIST. The
TOWN will provide arborist services and special details needed to mitigate tree impacts. 6. PUBLIC TREE REMOVAL. The TOWN will remove trees within the public right of way as needed to
construct the pubic storm drain and sidewalk. The LESSEE is responsible for other tree removals. The Town will waive tree removal permit fees for trees removed to accommodate the public
improvements. 7. DEDICATIONS. The LESSEE shall dedicate a public access easement as required to encompass the Wedgewood Avenue sidewalk. The easement shall be recorded prior to release
ofpublic improvement security bonds.
8. WEDGEWOOD AVENUE DRIVEWAY. The LESSEE shall widen and re-align the driveway onWedgewood Avenue near Mulberry Drive and recess the gate a minimum distance of25-feet from the Wedgewood
right ofway to facilitate truck movements into and out ofthe site. Drivewaymodifications 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 a WB-50 truck. The driveway modifications shall be completed within 6 months of issuance of a Certificate of
Occupancy. 9. INITIAL PUBLIC IMPROVEMENT SECURITY. The LESSEE 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$80,000 (performance) and $80,000 (labor and material) prior to issuance of a certificate of occupancy. The public storm drain to be funded by
the Town shall not be included in this security. The LESSEE shall provide two (2) copies ofdocuments ofdocuments verifying the cost ofthe public improvements to the satisfaction of the
Engineering Division of the Parks and Public Works Department. 10. SUBSEQUENT PUBLIC IMPROVEMENT SECURITY. The contractor shall supply suitable securities for the Town funded storm drain
in a form acceptable to the Town in the amount of$80,000 (performance) and $80,000 (labor and material) prior to issuance of an encroachment permit. The LESSEE's contractor 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. 11. ANNEXATION. The
LESSEE shall annex parcel 409-29-018 within 6 months of issuance of a certificate of occupancy. 12. TRAFFIC CONTROL. The LESSEE shall contract the work such that two way traffic will
be maintained on Wedgewood Avenue at all times. A single lane may be closed during work hours if safe traffic control is provided to allow alternating one way traffic through the work
zone. 13. BID BID PROCESS. TheLESSEE shall obtaincompeting bids from three mutually agreeable contractors. The TOWN and LESSEE shall review the bids and the selection shall be mutually
agreeable. The Town's requirements of prevailing wages shall apply to all construction work that will take place for Town funded storm drain improvements.
INWITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date set forth above. TOWN OF Los GATOS, BY: Debra J. Figone, Town Manager Recommended by: John Curtis, Director
Parks and Public Works Approved as to Form: OrryP. Korb, Town Attorney LESSEE,BY: Rick Forney, General Manager La Rinconada Golf Club, Inc. ATTEST: Marlyn J. Rasmussen, CMC Clerk Administrator
Town ofLos Gatos
RESOLUTION 2004-115 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:CHRISDELAOSSA 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. , Attachment 2
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 ofLos Gatos, California, on the 7th day of September, 2004 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Sandy
Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman None None None SIGNED: ATTEST: /s/Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/Steve
Glickman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\SHARE\Adopted Reso-Ords\Comm-Dev\Clearview.RES.wpd
CONDITIONS OF APPROVAL FOR THE ARCHITECTURE 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-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. 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 approvedbythe Director ofCommunityDevelopment, the DevelopmentReview 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 of the Town Code, unless the approval
has been vested. 3. TREEREMOVALPERMIT. ATree Removal Permit shall be obtained prior to the issuance of a 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 for NPDES requirements. A continuous
concrete curb is permitted with breaks in the curb to allow for drainage to the satisfaction ofthe Directors of Community Development and Parks and Public Works. 5. ARBORIST REQUIREMENTS.
The developer shall implement, at their cost, all recommendations made by the Town's Consulting Arborist identified in the Arborist's report, dated May 18, 2004, on file in the Community
Development 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. MECHANICAL EQUIPMENT. All mechanical equipment shall be screened and the screening shall match the building in terms of material
and color. Noise levels from the equipment shall not exceed what is permitted by Section 16.20.025 of the 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 of material,
shall be submitted to the Town Page 5 of 11
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 permit is required for site retaining walls and detached restroom buildings; separate electrical/mechanical/plumbing
permits shall be required as necessary. 11. CONDITIONS OF APPROVAL: The Conditions ofApproval must be blue-lined in full on the cover sheet of the construction plans. 12. SIZE OF PLANS:
Four sets of construction plans, maximum size 24" x 36." 13. PLANS: The construction plans shall be prepared under the direct supervision ofa licensed architect or engineer. (Business
and Professionals Code Section 5538) 14. 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 preparedby a licensed civil engineer specializing in soils mechanics. ALTERNATE: Design the foundation for
an allowable soils 1,000 psfdesign pressure. (Uniform Building Code Volume 2 -Section 1805) 15. 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 comer locations 16. TITLE 24 ENERGY COMPLIANCE:
California Title 24 Energy Compliance forms CF-lR and MF-1R must be blue-lined on the plans. 17. TOWN FIREPLACE STANDARDS: New firepit shall be an EPA Phase IT approved appliance as
per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of chimneys. 18. TITLE 24 ACCESSIBILITY -COMMERCIAL: On-site parking facility shall comply with latest California
Title 24 Accessibility Standards. 19. TITLE 24 -COMMERCIAL: On-site general path of travel 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. 20. 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. 21. SPECIAL INSPECTIONS: When a special inspection
is required byUBC Section 1701, the architect or engineer ofrecord 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. 22. NONPOINT SOURCEPOLLUTIONSTANDARDS: TheTownstandard Santa ClaraValley Page 6 of 11
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter. 23. APPROVALS
REQUIRED: The project requires the following agencies approval before issuing abuilding permit: a. Community Development: Sandy Baily at 354-6873 b. Engineering Department: Fletcher
Parsons at 395-3460 c. Parks & Public Warks Department: (408) 399-5777 d. Santa Clara County Fire Department: (408) 378-4010 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.) TO THE SATISFACTION
OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) . 24. ANNEXATION. Parcel 409-29-018 shall be annexed within 6 months ofa certificate ofoccupancy. 25. PUBLIC IM:PROVEMENTS.
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 ofissuance of a Certificate of Occupancy for any new or
remodeled buildings. Wedgewood Avenue. Curb, gutter, sidewalk, curb-ramps, tie-in paving, signing, and striping on the south side ofWedgewood Avenue to provide a 15-foot half street
paved width between Mulberry and Wimbledon. 26. TREE IM:PACTS. The sewerline and hammerhead turnaround shall be redesigned to avoid tree impacts. 27. HYDROLOGY STUDY. The developer shall
prepare an hydrologic study of the watershed contributing to the roadside ditch adj acent toWedgewood Avenue betweenMulberryDrive 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 drain between Mulberry Drive and Wimbledon Drive. The Town will reimburse
the developer for storm drain design and construction up to a maximum amount to be clearly identified in the development agreement. In no event will the developer be responsible for
funding public storm drain improvements or design. The public storm drain shall be constructed concurrently with theWedgewood Avenue curb, gutter and sidewalk. 29. DEDICATIONS. The following
shall be dedicated on by separate instrument. The dedication shall be recorded within 6 months ofissuance ofa Certificate ofOccupancy for any new or remodeled buildings. Wedgewood Avenue.
Public access easement as required to encompass the Wedgewood sidewalk. 30. DEVELOPMENTAGREEMENT. Prior to issuance ofabuilding permit, the Developer shall enter into an agreement to:
a. Construct public improvements within 6 months of issuance of a certificate of occupancy;Page 7 of 11
b. Contract for design and construction of the Wedgewood Avenue public storm drain. The public stonn drain shall be constructed within 6 months of issuance of a certificate of occupancy;
c. Town reimbursement to developer for construction ofthe 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 pennit; f. Construct the Wedgewood
driveway modifications within 6 months of issuance of a certificate of occupancy; g. Annex parcel 409-29-018 within 6 months ofissuance of a certificate of occupancy. 31. PUBLICIMPROVEMENT
SECURITY. The applicant or his contractor 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% (perfonnance) and 100% (labor and material) prior to issuance of an encroachment pennit. The public stonn drain to be funded by the Town shall not be included in the security.
Applicant shall provide two (2) copies ofdocuments verifying the cost ofthe 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 ofMulberry Drive. The modifications shall be completed prior to 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 ofwayto facilitate truck movements into and out ofthe
site. Drivewaymodifications may require relocation to align the driveway with Mulberry Drive. The developer shall demonstrate that the new driveway configuration can accommodate a transfer
truck truck and a WB-50 truck. The driveway modifications shall be completed within 6 months of issuance of a certificate of occupancy. 34. GRADING PERMIT. A grading pennit is required
for site grading and drainage. The grading pennit 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 table of existing and proposed impervious areas. Unless specifically allowed by the Director ofParks and Public Works, the grading pennit will be issued concurrently with the building
pennit. The grading pennit is for work outside the building footprint(s). A separate building pennit, 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 proj ect conditions ofapproval will be posted on site at all times during construction. 36. RETAININGWALLS. Abuildingpennit, issuedbythe BuildingDepartment
at 110 E. Main Street, may be required for site retaining walls. Site retaining walls are not reviewed or approved by the Engineering Division ofParks and Public Works during the grading
permit plan review process. Page 8 of 11
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" by the engineer or geologist, in conformance with Section 6735 ofthe
California Business and Professions Code. 38. SOILS REVIEW. Prior to issuance ofany 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 ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall
be inspected by the applicant's soils engineer prior to placement ofconcrete 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, ifnecessary. The results ofthe 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 ofany occupancy permit is granted. .. 40. INSURANCE. One million
dollars ($1,000,000) of liability 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 of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 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 ofall 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. 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 EJ;lgineering
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 rej ection ow work that went on without inspection. 45. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered
civil engineer qualified to practice land surveying, for the following items: 1. Retaining wall--top of wall elevations and locations 2. 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 ofthe Parks & Public Works Department. A Notice ofIntent (NOl) and Storm
Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco BayRegional 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 ofthe 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 Page 9 of 11
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 CountyNPDES
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 site. All portions ofthe site subject to blowing dust shall
be watered as often as deemed necessary by the Town, or a minimum of three times daily in order to insure proper control ofblowing dust for the duration ofthe 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 of8 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 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 POLLUTIONPREVENTION. Bio-swales shall be provided within the parking lots. 51. CARTWASHOFF FACILITY. The cart washoff facility drainage shall be connected to the sanitary
sewer system. The washofffacility 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 ofcontractor 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, co'ncrete and other construction debris SHALL NOT be washed into 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 byTown 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 ofdeveloper's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement
markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. 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 of construction 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 ofthe approved"as-built" plans shall be provided to the Townbefore
the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall Page 10 of 11
confonn to the layer naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRNEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWJMMlNG-POOL;
e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTYLINE; 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 ofLos Gatos before they are used or reused. mstall 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. CONSTRUCTIONNOISE. Betweenthehoursof8:00a.m. to 8:00p.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. HAULlNG 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 pennit, the developer
shall work with the Town Building and Engineering Department Engineering mspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil
is hauled on or off the proj ect site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time time
of construction and hauling activities, or providing additional traffic control. (Parks and Forestry Division) 60. GENERAL. All existing trees shown to remain on the plan and newly planted
trees are specific subjects of approval of this plan and must remain on site. 61. NEWTREES. The new trees to be planted shall be double-staked, using rubber tree ties and shall be planted
prior to occupancy. 62. WATER CONSERVATION ORDlNANCE 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 Council is required when working landscape and irrigation plans are submitted for review to the Town's Park Superintendent. N:\SHARE\Adopted Reso-Ords\Comm-Dev\Clearv
iew.RES.wpd Page 11 of 11