09 Staff Report - 115 N. Santa Cruz Avenue and 112 Wilder Avenue Coggeshall MansiontpW N 0
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DATE:
TO:
FROM:
MEETING DATE: 4/7/08
ITEM NO:
COUNCIL AGENDA REPORT
April 3, 2008
MAYOR AND TOWN COUNCIL
,A
GREG LARSON, TOWN MANAGER
SUBJECT: 115 N. SANTA CRUZ AVENUE AND 112 WILDER AVENUE
COGGESHALL MANSION
PROPERTY OWNER: SANTA CRUZ WILDER, LLC
APPLICANT: JOHN LIEN
APPELLANTS: SANTA CRUZ WILDER, LLC AND LEE QUINTANA
RECOMMENDATION:
1. Hold the public hearing and receive public testimony;
2. Close the public hearing;
3. Make the following motions:
a. Environmental
■ Uphold the decision of the Planning Commission to make the Mitigated Negative
Declaration and adopt the Mitigation Monitoring Plan (Exhibits 8 and 9 of
Attachment 7).
b. Approve the residential land use on Wilder Avenue
■ Make the required findings for the General Plan Amendment and Zone Change
(Attachment 9);
■ Move to adopt a Resolution approving the General Plan Amendment (Attachment
11);
■ Move to waive the reading of the Zone Change Ordinance (Attachment 12);
■ Direct the Clerk to read the title of the Zone Change Ordinance (Attachment 12) (no
motion required);
■ Move to introduce the Ordinance to effectuate the zone change (Attachment 13).
c. Uphold the decision of the Planning Commission to approve the lot line adjustment
subject to conditions (Attachment 14).
PREPARED BY: BUD N. LORTZ
DIRECTOR OF COMMUNITY DEVELOPMENT
N:ADEV\CNCLRPTS\200Knsc 1 I5.doc
Reviewed by: Assistant Town Manager
Clerk Administrator Finance
Town Attorney
amunity Development
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
d. Approve the modifications to the restaurant
■ Make the required findings for a Conditional Use Permit (Attachment 10);
■ Uphold the decision of the Planning Commission to approve the modification for the
conversion of an existing fine dining restaurant into a smaller fine dining restaurant
on the first floor and basement (office space would be on the second floor which is a
permitted use), subject to conditions (Attachment 14).
Deny the two new commercial buildings and approve the modifications to the
Coggeshall mansion
■ Make the required findings for the Architecture and Site Application (Attachment
10);
■ Uphold the decision of the Planning Commission and approve the Architecture and
Site application as modified by the Commission to modify the exterior of the existing
commercial building and to add parking along the west side of the alley subject to
conditions (Attachment 15) and deny the request to construct two new detached
commercial buildings and additional parking on the east side of the alley.
4. Deny the appeals (Attachments 2 and 3).
5. Refer to the Town Attorney for preparation of the appropriate resolution (no motion
required).
If the Town Council believes that the Planning Commission's decision should be reversed or
modified the Council needs to find one or more of the following (motion required):
(1) where there was error or abuse of discretion on the part of the Planning Commission; or
(2) the new information that was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
(3) an issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
If the predominant reason for modifying or reversing the decision of the Planning
Commission is new information as defined in Subsection (2) above, it is the Town's policy
that the application be returned to the Commission for review in light of the new information
unless the new information has a minimal effect on the application.
DISCUSSION:
A. Project Summary
The applicant's proposal includes the following components:
Conversion of Parking Lot to Residence:
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
The project encompasses two parcels-115 North Santa Cruz Avenue and 112 Wilder
Avenue. The project involves a General Plan Amendment, Zone Change, and a lot line
adjustment to permit the development of a future residence on a majority of the Wilder
Avenue parcel which is currently used as a parking lot. The remainder of the parcel
will be retained as a parking lot and combined with the 115 North Santa Cruz parcel.
Since the parking lot spaces were used in the Parking Assessment District calculations,
a variance is required to eliminate the spaces.
Modifications to Restaurant:
The project involves a modification of a Conditional Use Permit to reduce the allowed
seating for a fine dining restaurant and limit the restaurant to the first floor and
basement. No approval is needed for the proposed office space on the second floor.
New Retail Buildings:
The applicant is requesting Architecture and Site approval to construct two new
detached commercial buildings located along North Santa Cruz Avenue, to modify the
exterior of the existing Coggleshall Mansion and to add new parking spaces along the
alley.
Following is discussion on each of the applications.
B. General Plan Amendment and Rezoning
In order to approve the proposed lot line adjustment, a General Plan amendment and zone
change must first be approved for the portion of the Wilder parcel that will be retained as a
parking area (retained parking area) and merged with the N. Santa Cruz parcel (Exhibits 3
and 4 of Attachment 7).
1. General Plan Amendment
A General Plan Amendment from Medium Density Residential to Central Business
District is required for the retained parking area to match the designation of the N. Santa
Cruz parcel.
2. Zone Change
A Zone Change from R-1D:LHP to C-2:LHP is required for the retained parking area to
match the designation of the N. Santa Cruz parcel.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
C. Lot Line Adjustment
The applicant is proposing to modify the lot lines of the N. Santa Cruz Avenue parcel to
include a portion of the Wilder Avenue parcel so that parking spaces serving the existing and
proposed commercial uses on the N. Santa Cruz Avenue parcel would be located on the same
parcel. The lot line adjustment will not increase the number of lots and both parcels will
remain conforming as to lot size. Following is a comparison between the existing and
proposed parcels.
Existing Land
Proposed Land
Existing Use
Proposed Use
Area
Area
115 N. Santa Cruz
14,230 sq ft
18,101 sq ft
Commercial
Commercial
Avenue
112 Wilder Avenue
11,246 sq ft
7,375 sq ft
Commercial
Single Family
parking lot
Residence
D. Architecture and Site
The applicant is requesting approval to construct two new detached, one-story retail
buildings along the N. Santa Cruz Avenue frontage and to modify the exterior of the
existing structure. The applicant is also requesting approval to eliminate the parking lot on
Wilder Avenue to accommodate a future residence at this site.
New Structures
Two new detached one story retail buildings are proposed to bookend the N. Santa
Cruz Avenue frontage. A plaza area is proposed between the two buildings. The
southern building will be 1,176 square feet and will have a maximum height of 15.5
feet. The northern building will be 424 square feet with a maximum height of 14
feet. The existing square footage of the Coggeshall Mansion is 7,943 square feet.
The total square footage of buildings on the commercial site will be 9,543. The
allowed FAR for the site (as modified with the lot line adjustment) is .60 and the
proposed FAR is .527. The maximum height of the mansion measured from the
turret, is approximately 40 feet. Exterior colors and materials of the new buildings
will consist of wood shingles to match the existing structure, wood trim, and a dark
grey metal standing seam roof.
The front setbacks of the new buildings will be two feet six inches. Town Code
requires a front setback of ten feet unless findings can be that adequate pedestrian
circulation is available, that the setbacks are compatible with the adjacent buildings
and that clear sight vision is adequate for vehicular traffic. The applicant is proposing
a front setback that matches the building lines of the retail buildings south of the
subject parcel. The reduced setback enhances the retail continuity of the street.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
Pedestrian circulation and the sight vision for vehicular traffic will not be impacted
by the setback reduction. The proposed setbacks are consistent with the Commercial
Design Guidelines which state that facades in the C-2 zone should be setback from
the street property line no more than five feet.
2. Existing Structure
To provide secondary access for the proposed office use, an exterior stair is proposed
on the northern side of the Coggeshall Mansion. An existing window will be
replaced with a door to accommodate the stair access. At the nonhistoric portion of
the structure, the existing portico, deck and stairs for the outside dining will be
removed and replaced with a new exterior dining area directly behind the proposed
new building on the south side of the parcel. A new awning is also proposed above
the doors to the outside patio area. None of the changes proposed will impact the
integrity of the mansion.
Fencing
The existing wrought iron fencing along the N. Santa Cruz Avenue frontage is
protected under the Landmark Historic Preservation Overlay zone. The fencing will
remain except for two openings to access the proposed retail buildings.
4. Parking Lot
The Wilder Avenue parcel contains a parking lot for the existing commercial use and
a trash enclosure. Access to the parking lot is from Wilder Avenue and the alley.
The parcel has a General Plan designation of Medium Residential and a R-1D:LHP
zone which allows a residential use. Therefore, the existing parking lot use is
nonconforming. The conversion of the parking lot to a residential use would make
the use of the parcel conforming. In addition, the construction of a residence would
complete the residential character of the street by eliminating a commercial use in a
residential neighborhood and would increase the Town's housing stock. The trash
enclosure is proposed to be relocated at the rear of the N. Santa Cruz Avenue parcel
along the southern property line.
E. Architectural Review
The Town's Consulting Architect, Cannon Design Group, reviewed and commented on
several versions of the plans for this project (Exhibits 12 and 13 of Attachment 7). In terms
of architectural design of the buildings as proposed, the applicant has incorporated all of
Cannon's comments. Based on the Town's Commercial Design Guidelines and comments
from staff and the Historic Preservation Committee, Cannon summarized the three
following primary issues for considering the project.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
To what degree will the infill of a significant portion of the garden in front of the
mansion compromise the historic setting and quality of the existing structure?
Will the added structures improve or detract from the urban design quality of
Downtown Los Gatos?
Is the amount of proposed new construction in the front garden area appropriate
for the site?
Cannon concluded that these important issues are value judgments that the Town would
need to make. To assist staff and the deciding body, Cannon provided the following range
of options which are arranged from the least to the most impact on the current site
conditions. The applicant designed the plans based on the third option of decreasing the
original size of the proposed northern structure.
• No project.
• Limit the addition to one structure.
• Decrease the size of the structure to the north.
• Modify the design of the north building.
F. Conditional Use Permit
The applicant is requesting approval to modify the Conditional Use Pen-nit to reduce the
number of restaurant seats and to limit the restaurant use to the basement and first floor of
the existing building. The second floor will be converted to office space which is an
allowed use. Office space above a first floor is permitted in the C-2 zone and does not
require a Conditional Use Permit. The number of seats will decrease from 198 (inside and
out) to 135 (inside and out). No other changes are proposed to the use of the restaurant.
G. Parking
There are 22 parking spaces on the project site (16 spaces in the Wilder Avenue parking lot
and six spaces along the alleyway) and 44 parking spaces in the Parking Assessment
District (PAD) for a total of 66 spaces. The project would reconfigure the two project
parcels so that the six existing on-site parking spaces along the western side of the alley
would be located on the N. Santa Cruz Avenue parcel and seven on-site spaces would be
added on the eastern side of the alley for a total of 13 on-site parking spaces. The project
would result in a reduction of nine on-site parking spaces. With the 44 spaces in the PAD,
the project would have a total of 57 parking spaces. Based on the proposed change of use
discussed earlier in this report, the parking requirement for the proposed commercial site
would decrease and the proposed parking requirement would be met. The proposed
residential lot on Wilder Avenue will require two parking spaces. A conceptual location of
a two car garage for this property has been shown on the development plans which will
have access from the alley. The following table outlines the required parking for the
commercial use:
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
USE
AREA/
RATIO
PARKING
# OF SEATS
REQUIRED
Retail
1,600 sq ft
1/300 sq ft
6
Office
1,262 sq ft
1/250 sq ft
6
Restaurant
135 seats
1/3 seats
45
Proposed Parking
In District
44
On Site
13
Total Parking
57
Required Parking
57
H. Variance
As stated earlier in this report, the applicant is proposing to convert the commercial parking
lot on Wilder Avenue to a residential use. This project proposes a net removal of nine
commercial parking spaces. Section 29.10.150 (5) of the Town Code states that parking
spaces credited in the PAD cannot be eliminated. If parking spaces are eliminated, a
variance is required.
Under the provisions of Section 65906 of the State Government Code, a variance is
appropriate if there are any unusual or special circumstances that encumber or place any
undue hardships on a property. This parcel is located in the PAD, a unique area established
by the Town in order to relieve the parking issues surrounding the downtown area. When
the PAD was established, the concept that a property owner may want to reduce their land
use intensity was never considered, therefore the Town Code did not include any
provisions to reduce the parking requirements. Since the applicant is proposing to remove
the parking lot to accommodate a residential use, and still meet the required parking for the
commercial use, an undue hardship would be imposed on the property owner by denying
the project based solely upon the removal of these parking spaces. The Commission
approved a similar variance request in 2007 on Almendra Avenue, to convert a parcel
which had an office use to a residential use. By approving this project the Town would not
be granting a special privilege not enjoyed by other property owners. Therefore, Town staff
believes that the findings can be made to grant a variance.
1. Planning Commission
The Commission considered these applications on January 23 and February 13, 2008 and
took the following actions:
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
Environmental Review:
Made the Mitigated Negative Declaration and adopted the Mitigation Monitoring
Plan.
Recommended approval of:
1. A General Plan Amendment from Medium Density Residential to Central Business
District for a portion of the parking lot parcel.
2. A Zone Change from R-1D:LHP to C-2:LHP for a portion of the parking lot parcel.
Approved:
1. Subdivision application for a lot line adjustment (approval is contingent upon
Councils adoption of the General Plan amendment and Zone Change).
2. A modification to a Conditional Use Permit for the conversion of an existing fine
dining restaurant into a smaller fine dining restaurant on the first floor and basement
(office space would be on the second floor which is a permitted use).
A portion of an Architecture and Site application to modify the exterior of the
existing commercial building and to add parking along the west side of the alley.
4. A Variance to convert the existing parking lot which fronts on Wilder Avenue to a
residential use. The Commission stated that they did not rely on the Almendra
variance as a precedent.
Denied:
1. A portion of the Architecture and Site application for two new detached commercial
buildings and additional parking on the east side of the alley.
Town Committee Meetings
Historic Preservation Committee
The Historic Preservation Committee (HPC) considered preliminary plans on April 5,
2006. The Committee first considered the applications on February 27, 2007. At this
meeting, for the proposed buildings the Committee recommended to increase the
opening to the site from N. Santa Cruz Avenue by adjusting the southern building and
that the southern building maintain its rounded corner (Attachment 16). The
Committee commented that the new buildings did not have to be symmetrical. The
Committee also stated that they endorsed the concept that the paved parking lot on
Wilder Avenue be eliminated and replaced with a residence which will be more in
keeping with the historic neighborhood.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
The Committee considered revised plans on March 21, 2007 (Attachment 17). At this
meeting some of the Committee members raised additional concerns about the
proposed buildings. The Committee took the following actions:
Detennined that the applications should proceed to the next step,
2. Recommended approval of the proposed changes to the existing structure,
3. Determined that the two proposed detached structures would be acceptable for
the site and had the following three comments regarding the proposed
structures:
■ The southern structure should be redesigned to be more subservient
(regarding style, scale and mass), to the mansion.
■ Consider a more transparent building.
■ The context of the mansion shall be protected.
Subsequent to this meeting, the applicant revised their plans to incorporate some
recommendations from the Town's Consulting Architect. The revised plans were
considered by the HPC on September 19, 2007. The Committee determined that their
action from the previous meeting were still applicable (Attachment 18).
2. General Plan Committee
On February 28, 2007, the General Plan Committee considered the applicant's
request to amend the General Plan Designation and change the zone for a portion of
the parking lot parcel. The other applications were not part of the Committee's
review. The Committee recommended approval of the General Plan amendment and
Zone Change subject to the approval of the other applications associated with the
entire project.
3. Conceptual Development Advisory Committee
On February 8, 2006, the CDAC considered a preliminary application for a similar
request. However, these plans proposed residential condominiums on the second
floor, not an office use. The Committee expressed numerous comments about the
proposal (Exhibit 16 of Attachment 7).
APPEALS:
The applicant and a concerned citizen, Lee Quintana, each filed an appeal of the Planning
Commission's decision on the basis that the Commission erred or abused its discretion in their
decision (Attachments 2 and 3). The basis for the appeals is summarized as follows. A response
from staff follows each comment made by the appellants.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
A. Applicant's Appeal
The applicant has questioned if Architecture and Site was required for the work
proposed since the buildings proposed were not the principal building, did not meet
the Town Code definition of an intensification of land use, and the alterations
proposed were minor.
Staff Comment: The Planning Commission based their decision on the design and
site impacts of the proposed buildings. Section 29.20.145 of the Town Code states
that Architecture and Site approval is required for new construction of any principal
building as well as any exterior alterations or additions to an existing building (which
excludes minor exterior alterations to a commercial building). The two buildings
proposed do not meet the definition of an accessory structure and are therefore
considered principal buildings. The changes proposed to the historic mansion could
have been detennined to be minor. If the changes were determined to be minor,
pursuant to Section 29.20.485(3) of the Town Code, the work proposed to the historic
structure would have required a Minor Historic Architecture and Site Application for
which the HPC could take action on. Since the work proposed to the mansion was
part of other development applications for the site and since the Town does not
bifurcate applications, the alterations proposed to the mansion were incorporated in
the Architecture and Site Application.
2. The Commission did not discuss the design issues required by Town Code for
Architecture and Site applications and based their decision on the land use.
Staff Comment: Section 29.20.150(4) of the Town Code allows the deciding body to
consider the location and orientation of buildings and open spaces in relationship to
the physical characteristics of the site and the appearance and harmony of the
buildings with adjacent development. In evaluating applications on LHP sites,
Section 29.80.290 of the Town Code states that the deciding body shall include
considering architectural style, design, arrangement and other pertinent factors. This
section further states that on LHP sites, the proposed work will neither adversely
affect features of the landmark nor adversely affect the character of historical,
architectural, or aesthetic interest or value of the landmark site and its site.
The Commission did not consider how the project was consistent with the General
Plan.
Staff Comment: The report to the Commission included the applicant's letter of
justification which cited sections of the General Plan with which the application was
consistent.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
4. The Environmental documents stated that the new buildings would have a less-than-
significant impact and the HPC recommended that the development of the detached
structures would be acceptable with revisions to the design.
Staff Comment: No comment.
The Commission had a narrow focus on considering the impact on the visibility of the
historic mansion.
Staff Comment: See staff comment above regarding review of LHP sites.
6. The Commission did not consider the balance between preserving and enhancing the
Town's livability while supporting the economic vitality thatprovides resources for
community services.
Staff Comment: No comment.
7. A reduction in the number of seats was requested as part of the request for a
modification of the Conditional Use Permit to reallocate the parking to support the
two proposed retail buildings. In denying the request for the two buildings, the
required parking for the uses at the site was decreased, which resulted in excess
parking for the site. The Commission did not increase the number of seats for the
restaurant based on the excess spaces that were made available by the Commission's
action.
Staff Comment: As approved by the Commission, the intensity of the site was
reduced and as a result, there is an excess of two parking spaces that are not allocated
to any use. Therefore, the restaurant seating could be increased by six seats for a total
of 141 seats.
B. Citizen Appeal
The Initial Study and Mitigated Negative Declaration are not adequate in assessing the
impact to the historic structure and setting and that there is a fair argument to require an
EIR.
Staff Comment: The Planning Commission denied the Architecture and Site application
for the two new buildings; therefore, there is no environmental impact. During the public
hearing on this matter, there was a misunderstanding that the new buildings could not be
approved as proposed since the environmental documents noted that the HPC
recommended that changes be made to the proposed buildings. This misunderstanding was
not a basis for the Planning Commission's action on this matter since they were opposed to
any new building. Subsequent to the meeting, the Town's Environmental Consultants
clarified in writing that the proposed two new retail buildings would be considered to have
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
a less-than-significant impact on the aesthetic character of the property and prepared an
Errata Sheet for the Initial Study and Mitigated Negative Declaration (Attachment 1). The
Aesthetics section of the Initial Study did not include mitigation measures since no
significant aesthetic impacts were found to result from the currently proposed design of the
new buildings. In addition, the Initial Study had no mitigation measures that the buildings
be redesigned to meet the directions of the HPC. Therefore, a Mitigated Negative
Declaration could be made to approve the two buildings as proposed by the applicant and
an EIR would not be required. The Consultant further states that if Council determines that
the southern building should be redesigned as recommended by the HPC, an addendum to
the environmental documents would be appropriate for clarification of the minor changes
to the proposed project. An Addendum would not require a public review period or a
public hearing.
In addition, Section 21084.1 of the Public Resources Code, states that a project that may
have a significant impact on the environment is a project that may cause a substantial
adverse change in the significant of an historical resource. Section 15064.5(b)(1) of the
California Code of Regulations states that a substantial adverse change in the significance
of a historical resource means physical demolition, destruction, relocation, or alterations of
the resource or its immediate surroundings such that the significance of an historical
resource would be materially impaired. Subsection (3) of this Code further states that a
project that follows the Secretary of Interior `s Standards for Rehabilitation and Illustrated
Guidelines for Rehabilitation shall be considered as mitigated to a level of less than
significant impact on the historic resource.
In reviewing the Secretary of Interior's Standards, the document recommends to identify,
retain and preserve buildings and their features as well as features of the site that are
important in defining its overall historic character. Ordinance HD-75-6 (Exhibit 11 of
Attachment 7), identifies the features of the mansion which justifies the historic
designation. The Ordinance notes that the only other feature that should be preserved is the
fencing. The Ordinance does not note that the site area and landscape features should be
preserved, which is clearly identified as a possible feature to preserve.
The Standards list what is recommended and not recommended for site development. Both
Town Staff and the Historic Preservation Committee stated that two new buildings would
be acceptable for the site, and a redesign was recommended for the southern structure to be
more sympathetic to the historic mansion and site which is consistent with the following
Standards recommendations. The Standards recommend that new construction be designed
which is compatible with the historic character of the site and which preserves the
historical relationships between the buildings and the landscape. The Standards do not
recommend the introduction of a new building or site feature that is out of scale or an
otherwise inappropriate design. The Standards also do not recommend the introduction of
new construction onto a building site which is visually incompatible in terms of size, scale,
design, materials, color and texture which destroys historic relationships on the site, or
which damages or destroys important landscape features.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
CONCLUSION:
If Council determines that the southern and/or northern building(s) as proposed or modified are
acceptable, staff recommends that the outdoor dining area be redesigned to be more visible and
that the plaza be designed to incorporate seating areas and potentially two to three historically-
designed push carts could be allowed to create vitality to the plaza that would encourage
pedestrians to enter the site. Providing visible activities and passive areas will activate the site,
strengthen the retail streetscape in downtown, and promote pedestrian circulation. To approve
the southern and /or northern building(s) staff recommends that one or both buildings and the
plaza be redesigned and that Council take the following action:
1. Remand the Architecture and Site application and the Conditional Use Permit to the
Planning Commission.
2. Direct the applicant to make the desired changes to one or both buildings.
3. Direct the applicant to create a plaza that has visible outside dining.
4. Direct the applicant to incorporate seating areas and other pedestrian friendly activities in
the plaza.
5. Direct staff to recalculate the required parking for the site and allowed seats permitted for
the restaurant use based on the redesigned project.
ENVIRONMENTAL ASSESSMENT:
It has been determined that this project will not have a significant impact on the environment and
a Mitigated Negative Declaration has been prepared for this proposal.
FISCAL IMPACT: None.
Attachments:
Previously Submitted to Town Council:
1. Letter from Town's Environmental Consultant, Geier & Geier, which includes an errata sheet
for the Initial Study, dated January 31, 2008.
2. Appeal from Santa Cruz Wilder, LLC, received February 1, 2008.
3. Appeal from Lee Quintana, received February 4, 2008.
4. Excerpt of the Planning Commission meeting minutes of February 13, 2008.
5. Report to the Planning Commission for the meeting of February 13, 2008.
6. Excerpt of the Planning Commission meeting minutes of January 23, 2008.
7. Report to the Planning Commission for the meeting of January 23, 2008.
8. Desk Item Report for the Planning Commission meeting of January 23, 2008.
9. Information Report from John Lien dated April 7, 2008.
New Submittals:
10. Required Findings and Considerations.
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MAYOR AND TOWN COUNCIL
SUBJECT: 115 N. SANTA CRUZ AVENUE
April 7, 2008
11. Resolution for General Plan Amendment.
12. Ordinance for Zone Change.
13. Conditions of Approval for the Lot Line Adjustment.
14. Conditions of Approval for the Conditional Use Permit.
15. Conditions of Approval for the Architecture and Site Application.
16. Excerpt from the HPC minutes for the meeting of February 27, 2007.
17. Excerpt from the HPC minutes for the meeting of March 21, 2007.
18. Excerpt from the HPC minutes for the meeting of September 19, 2007.
19. Letter from Kathy Anderson (one page), received March 3, 2008.
20. Letter from Lee Quintana (five pages), received March 26, 2008.
Distribution:
John Lien, 196 College Avenue, Los Gatos, CA 95030
Santa Cruz Wilder, LLC, 50 W. San Fernando Street #320, San Jose, CA 95113
Lee Quintana, 5 Palm Avenue, Los Gatos, CA 95030
BNL:RT:SLB:mdc
Date: April 7, 2008
Subject: 115 N. Santa Cruz Avenue and 112 Wilder Avenue
ATTACHMENTS 1-9
(Previously Submitted to Town Council)
ARE AVAILABLE FOR REVIEW IN THE CLERK
DEPARTMENT
REQUIRED FINDINGS AND CONSIDERATIONS FOR
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from Medium
Density Residential to Central Business for a portion of the parking lot parcel, 3) a zone
change from R-1D:LHP to C-2:LHP for a portion of the parking lot parcel, 4) conversion of an
existing fine dining restaurant into a smaller fine dining restaurant on the first floor and office
space on the second floor, 5) two new detached commercial buildings, 6) modification to the
exterior of the existing commercial building, and 7) conversion of the existing parking lot
which fronts on Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-
1D:LHP. No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
FINDINGS
■ All General Plan Amendments must be found to be internally consistent with the General
Plan.
■ That the zone change is consistent with the General Plan.
■ As required by Section 29.20.170 of the Town Code for granting a variance the deciding
body, on the basis of the evidence submitted at the hearing, may grant a variance if it finds that:
(1) Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under
identical zone; and
(2) The granting of a variance would not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in
which such property is situated.
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
Attachment 10
conditional use permit when specifically authorized by the provisions of the Town Code
if it finds that:
(1) The proposed uses of the property are essential or desirable to the public
convenience or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
■ That the work proposed is consistent with the Redevelopment Plan for the Los Gatos
Redevelopment Project Area (Section IV.B).
CONSIDERATIONS
■ As required by Section 29.20.150 of the Town Code for Architecture and Site
applications.
Sec. 29.20.150. Considerations in review of applications.
The deciding body shall consider all relevant matter including, but not limited to, the
following:
(1) Considerations relating to traffic safety and traffic congestion. The effect of the
site development plan on traffic conditions on abutting streets; the layout of the
site with respect to locations and dimensions of vehicular and pedestrian
entrances, exits, drives, and walkways; the adequacy of off-street parking facilities
to prevent traffic congestion; the location, arrangement, and dimension of truck
loading and unloading facilities; the circulation pattern within the boundaries of
the development, and the surfacing, lighting and handicapped accessibility of off-
street parking facilities.
a. Any project or development that will add traffic to roadways and critical
intersections shall be analyzed, and a determination made on the following
matters:
The ability of critical roadways and major intersections to
accommodate existing traffic;
2. Increased traffic estimated for approved developments not yet
occupied; and
Regional traffic growth and traffic anticipated for the proposed
project one (1) year after occupancy.
b. The deciding body shall review the application for traffic
roadway/intersection capacity and make one (1) of the following
determinations:
The project will not impact any roadways and/or intersections
causing the roadways and/or intersections to exceed their available
capacities.
2. The project will impact a roadway(s) and/or intersection(s) causing
the roadway(s) and/or intersection(s) to exceed their available
capacities.
Any project receiving Town determination subsection (1)b.1. may
proceed. Any project receiving Town determination subsection
(1)b.2. must be modified or denied if the deciding body determines
that the impact is unacceptable. In determining the acceptability of
a traffic impact, the deciding body shall consider if the project's
benefits to the community override the traffic impacts as
determined by specific sections from the general plan and any
applicable specific plan.
(2) Considerations relating to outdoor advertising. The number, location, color, size,
height, lighting and landscaping of outdoor advertising signs and structures in
relation to the creation of traffic hazards and the appearance and harmony with
adjacent development. Specialized lighting and sign systems may be used to
distinguish special areas or neighborhoods such as the downtown area and Los
Gatos Boulevard.
(3) Considerations relating to landscaping. The location, height, and materials of
walls, fences, hedges and screen plantings to insure harmony with adjacent
development or to conceal storage areas, utility installations, parking lots or
unsightly development; the planting of ground cover or other surfacing to prevent
dust and erosion; and the unnecessary destruction of existing healthy trees.
Emphasize the use of planter boxes with seasonal flowers to add color and
atmosphere to the central business district. Trees and plants shall be approved by
the Director of Parks, Forestry and Maintenance Services for the purpose of
meeting special criteria, including climatic conditions, maintenance, year-round
versus seasonal color change (blossom, summer foliage, autumn color), special
branching effects and other considerations.
(4) Considerations relating to site layout. The orientation and location of buildings
and open spaces in relation to the physical characteristics of the site and the
character of the neighborhood; and the appearance and harmony of the buildings
with adjacent development.
Buildings should strengthen the form and image of the neighborhood (e.g.
downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation
of solar access. In the downtown, mid-block pedestrian arcades linking Santa Cruz
Avenue with existing and new parking facilities shall be encouraged, and shall
include such crime prevention elements as good sight lines and lighting systems.
(5) Considerations relating to drainage. The effect of the site development plan on
the adequacy of storm and surface water drainage.
(6) Considerations relating to the exterior architectural design of buildings and
structures. The effect of the height, width, shape and exterior construction and
design of buildings and structures as such factors relate to the existing and future
character of the neighborhood and purposes of the zone in which they are situated,
and the purposes of architecture and site approval. Consistency and compatibility
shall be encouraged in scale, massing, materials, color, texture, reflectivity,
openings and other details.
(7) Considerations relating to lighting and street furniture. Streets, walkways, and
building lighting should be designed so as to strengthen and reinforce the image of
the Town. Street furniture and equipment, such as lamp standards, traffic signals,
fire hydrants, street signs, telephones, mail boxes, refuse receptacles, bus shelters,
drinking fountains, planters, kiosks, flag poles and other elements of the street
environment should be designated and selected so as to strengthen and reinforce
the Town image.
(8) Considerations relating to access for physically disabled persons. The adequacy
of the site development plan for providing accessibility and adaptability for
physically disabled persons. Any improvements to a nonresidential building where
the total valuation of alterations, structural repairs or additions exceeds a
threshold value established by resolution of the Town Council, shall require the
building to be modified to meet the accessibility requirements of title 24 of the
California Administrative Code adaptability and accessibility. In addition to retail,
personal services and health care services are not allowable uses on nonaccessible
floors in new nonresidential buildings. Any change of use to retail, health care, or
personal service on a nonaccessible floor in a nonresidential building shall require
that floor to be accessible to physically disabled persons pursuant to the
accessibility requirements of title 24 of the California Administrative Code and
shall not qualify the building for unreasonable hardship exemption from meeting
any of those requirements. This provision does not effect lawful uses in existence
prior to the enactment of this chapter. All new residential developments shall
comply with the Town's adaptability and accessibility requirements for physically
disabled persons established by resolution.
(9) Considerations relating to the location of a hazardous waste management facility.
A hazardous waste facility shall not be located closer than five hundred (500) feet
to any residentially zoned or used property or any property then being used as a
public or private school primarily educating persons under the age of eighteen
(18). An application for such a facility will require an environmental impact
report, which may be focused through the initial study process.
■ As required by Section 29.80.290 of the Town Code for landmark sites.
Sec. 29.80.290. Standards for review.
In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any other pertinent factors. Applications shall
not be granted unless:
On landmark sites, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the landmark (and, where specified in the
designating ordinance for a publicly owned landmark, its major interior architectural
features) nor adversely affect the character of historical, architectural or aesthetic interest
or value of the landmark and its site.
THE FOLLOWING FINDING WOULD ONLY BE APPLICABLE FOR THE TWO
PROPOSED COMMERCIAL BUILDINGS WHICH WAS DENIED BY THE PLANNING
COMMISSION
■ As required by Section 29.60.337 of the Town Code for reducing the front setback.
Sec. 29.60.337. Improvements within yards abutting a street.
(a) Improvements may be permitted in any required front yard and any required side
yard abutting a street in a C-2 or central business district commercial zone if the deciding body
makes all of the following findings:
(1) Pedestrian safety will not be impaired;
(2) The streetscape would be enhanced as a result of the proposed improvements;
(3) The improvements are in character with the adjacent buildings; and
(4) The improvements will not obstruct the clear sight vision of vehicular traffic.
N: \DE V\FINDING S\nsc 115.1. doc
RESOLUTION NO.
RESOLUTION OF THE TOWN OF LOS GATOS
AMENDING THE GENERAL PLAN TO CHANGE THE
DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO
CENTRAL BUSINESS DISTRICT FOR
A PORTION OF A PROPERTY AT 112 WILDER AVENUE
TO BE COMBINED WITH 115 N. SANTA CRUZ AVENUE
WHEREAS, pursuant to Government Code Section 65353, the Town Council
conducted a public hearing for consideration of amendments to the General Plan on
, 2008.
WHEREAS, during this hearing, the Town Council considered the General Plan
Amendment to change the land use designation from Medium Density Residential to
Central Business District for a portion of the property.
RESOLVED, the Town Council finds that (a) the proposed General Plan
amendment is internally consistent with the existing goals and policies of the General
Plan and its corresponding elements and (b) that all proceedings have been conducted in
compliance with the provisions of Government Code Section 65350 et seq.
RESOLVED, the Town Council hereby changes the land use designation of the
General Plan as shown on Exhibit A from Medium Density Residential to Central
Business District.
ATTACHMENT 11
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 2008 by the
following vote:
COUNCIL MEMBERS
AYES:
NAYES:
ABSTAIN:
ABSENT:
SIGNED:
GATOS
ATTEST:
MAYOR OF THE TOWN OF LOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
nsc115.GPamend
115 N. Santa Cruz
112 Wilder Avenue
TOWN OF LOS GATOS
Application No. GP-07-001 A.P.N. # 510-17-071
Change of the general plan leap amending the Town General Plan.
From: Medium Density Residential (5-12 units per acre)
To: Central Business District
Reconunended by Planning Cornnlission Date: t l
Approved by Town Council Date: Reso:
Town Clerk Mayor
Exhibit A
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING MAP FROM R-1D:LHP TO C-2:LHP
FOR PROPERTY LOCATED AT 112 WILDER AVENUE
TO BE COMBINED WITH 115 N. SANTA CRUZ AVENUE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
The Zoning Map of the Town is hereby amended as shown on Exhibit A.
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on, 2008, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2008. This ordinance
takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:ADEV\ORDS\nsc 115.zc.doc
ATTACHMNT 12
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115 N Santa Cruz
112 Wilder Avenue
TOWN OF LOS GATOS
Application No. Z-07-001 A.P.N. # 510-17-071
Change of the zoning map amending the Town Zoning Ordinance.
x Zone Change
Prezoning From: R-1D:LHP To: C-2:LHP
Recommended by Planning Commission Date: 6)11R~-~~O
Approved by Town Council Date: Ord:
Town Clerk Mayor
Exhibit A
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
APPROVAL. The approval of this application is contingent upon the adoption of
the General Plan amendment and the Zone Change for the lot area being adjusted.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS
(Public Works Division)
2. 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-% in. X 1 I 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.
N:ADEV\C0NDITNS\2008\nsc 115.11a.doc
ATTACH ENT 13
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Division)
1. 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.
2. RESTAURANT USE: A high quality restaurant and full service bar is permitted
on the first floor and the basement.
3. HOURS: Maximum hours of operation for the inside restaurant and bar shall be
11 AM to 1 AM weekdays and 9 AM to 1 AM Saturday and Sunday. Maximum
hours of operation for the outside seating area shall be the salve except that
alcohol service shall not go past 1 I PM Sunday through Thursday, except for
holidays and evenings before holidays.
4. SEATS. The maximum number of seats (inside and outside combined) shall not
exceed 135.
5. ALCOHOL SERVICE: The service of alcohol for the restaurant dining area
(inside and outside) is permitted only with meals. A meal is defined as a
combination of food items selected from a menu (breakfast, brunch, lunch, or
ATTACHMENT 14
dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals.
6. DELIVERIES: Deliveries shall be no earlier than 7:00 a.m.
7. PORCH AREA: No chairs shall be in the porch area.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS
(Public Works Section)
GREASE TRAPS: Meet all requirements of the County Health Department and
West Valley Sanitation District for the interception, separation, or pretreatment of
effluent.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
9. GENERAL: The restaurant is subject to the following:
a. Uniformed privately provided security guards may be required in or
around the premises by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be
conducted with representatives from the Police Department for on-going
employee training on alcoholic beverage service to the general public.
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California
Restaurant Association.
d. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for
designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
f. A restaurant employee shall seat patrons in the outside dining area.
N:ADEV\C0NDITNS\2008\nsc 115.cup.doc
CONDITIONS OF APPROVAL
Architecture and Site Application
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Division)
1. APPROVAL: The approval was modified to only include the exterior changes to
the existing building, relocation of the trash enclosure and the new parking spaces
on the west side of Victory Lane. The new proposed buildings and the parking on
the east side of Victory Lane were not approved. This application shall be
completed in accordance with all of the conditions of approval listed below and in
substantial compliance with the approved plans. Any changes or modifications
made to the approved plans shall be approved by the Planning Commission,
Development Review Committee, Director of Community Development or the
Historic Preservation Committee, 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. 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.
4. PROTECTIVE FENCING: Prior to any construction or building permits being
issued, the applicant shall meet with the Parks Superintendent concerning the
need for protective fencing around the existing trees. Such fencing is to be
ATTACMENT 15
installed prior to, and be maintained during, construction. The fencing shall be a
four foot high chain link attached to steel poles driven two feet into the ground
when at the dripline of the tree. If the fence has to be within eight feet of the
trunk of the tree, a fence base may be used, as in a typical chain link fence that is
rented.
5. *ARBOR RESOURCES: All recommendations made by Arbor Resources
(September 21, 2007) (relating to the project as modified) shall be implemented to
eliminate or minimize the construction-related impacts on the trees to be retained.
Recommendations are listed under Section 4.0, recommendations of the arborist's
report. These include recommendations under the Design Guidelines section
(addressing tree location mapping, protective fencing, building setback, trenching,
drainage facilities, and installation of new trees) and the Protection Measures
Before and During Construction section (addressing fencing, removal of
hardscape, demolition, work within tree canopies, etc). The report's
recommendations are included as Attachment 2 of the Initial Study.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations noted above (relating to the project as modified). A
Compliance Memorandum shall be prepared and submitted with the building
permit application detailing how the recommendations have or will be addressed.
These recommendations must be incorporated in the building pen-nit plans, and
completed prior to issuance of a building permit where applicable.
(Building Division)
7. PERMITS REQUIRED: A building permit shall be required for the alteration of
the existing structure, and the parking lot improvements. Separate permits are
required for electrical, mechanical, and plumbing work as necessary.
8. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined
in full on the cover 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.
9. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
10. CODES: Projects will be required to conform to the 2007 California Building,
Fire, Mechanical, Electrical, and Plumbing Codes. The California Codes are
based on model codes; 2006 International Building Code and Fire Code and 2006
Uniform Plumbing and Mechanical Codes and the 2005 National Electrical Code.
11. TITLE 24 - COMMERCIAL: The proposed tenant improvements, will require
upgrades 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.
12. 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 of the
building pen-nit. 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
13. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town
standard Santa Clara County Valley Nonpoint Source Pollution Control Program
Sheet (or Clean Bay Sheet 2406) shall be part of the plan submittal as the second
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.
14. PLANS: The construction plans shall be prepared under the direct supervision of
a licensed architect or engineer. (Business and Professionals Code Section 5538)
15. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
A. Community Development -Planning Division: Sandy Bally at 354-6873
B. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-
3460
C. Santa Clara County Fire Department: (408) 378-4010
D. Environmental Health Department: (408) 885-4200
16. *ARCHAELOGICAL: In the event archaeological traces are encountered, all
construction within a 50 meter radius of the find shall be halted, the Director of
Community Development shall be notified and an archaeologist shall be retained
to examine the find and make appropriate recommendations.
17. *NATIVE AMERICAN REMAINS: If human remains are discovered, the Santa
Clara County Coroner shall immediately be notified. The Coroner will determine
whether or not the remains were Native American. If the Coroner determines that
the remains are not subject to his or her authority, the Coroner shall notify the
Native American Heritage Commission, who would attempt to identify
descendants of the deceased Native American.
18. *ARCHAEOLOGICAL FIND: If the Director of Community Development
finds that the archaeological find is not a significant resource, work will resume
only after the submittal of a preliminary archaeological report and after provision
for reburial and ongoing monitoring are accepted. Provisions for identifying
descendants of a deceased Native American and for reburial will follow the
protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found
to be a significant archaeological site, a mitigation program must be prepared and
submitted to the Director of Community Development for consideration and
approval, in confonnance with the protocol set forth in Public Resources Code
Section 21083.2.
19. *FINAL ARCHAEOLOGICAL REPORT: A final report shall be prepared at the
applicant's cost when a find is determined to be a significant archaeological site
and/or when Native American remains are found on the site. The final report
shall include background information on the completed work, a description and
list of identified resources, the disposition and curation of these resources, any
testing, other recovered information, and conclusions.
20. *LEAD-BASED PAINT: A state certified lead-based paint professional shall be
retained to perfonn a lead-based paint survey of the existing structures and the
recommendations of the professional shall be followed for abatement of any
identified lead-based paint prior to renovation of the structure.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
21. 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 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.
22. 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.
23. PUBLIC WORKS INSPECTIONS: 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.
24. CONSTRUCTION STREET PARKING: Any reservation of street parking shall
be coordinated with the Police Department. Contractors shall not use public
parking unless previously arranged through the Police and Engineering
Departments.
25. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No
through curb drains will be allowed.
26. NPDES: On-site drainage systems shall include a filtration device such as a bio-
swale or permeable pavement.
27. 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 into the Town's storm drains.
28. 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 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.
29. SIDEWALK REPAIR: The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project.
Sidewalk repair shall match existing 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.
30. 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.
31. 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.
32. 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 flushing inlet cover at the public or
private sewer system serving such drainage piping shall be protected from
backflow of sewage by installing an approved type backwater valve. Fixtures
above such elevation shall not discharge through the backwater valve, unless first
approved by the Administrative (Sec. 6.50.025). 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
section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the
Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater
device is needed shall be provided prior to issuance of a building permit.
33. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered
and area drains connected to the sanitary sewer system shall be provided.
Temporary trash enclosures are exempt from this condition.
34. GREASE TRAPS: Meet all requirement of the Santa Clara County Health
Department and West Valley Sanitation District for the interception, separation or
pretreatment of effluent.
35. 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.
36. GOOD HOUSEKEEPING: Good housekeeping 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 issued by the Engineering
Division.
37. TRUCKING and UNLOADING: Trucking and unloading shall be coordinated
with the Engineering inspector. Haul routes, temporary blocking of parking or
streets, and delivery times shall be coordinated with the Engineering inspector.
38. *GEOTECHNICAL INVESTIGATION: A geotechnical investigation shall be
conducted for this project to detennine the potential for surface fault rupture on
the site. The geotechnical study shall provide recommendations for site grading
as well as the design of foundations, retaining walls, concrete slab-on-grade
construction, excavation, drainage, on-site utility trenching and pavement
sections. The project shall incorporate all recommendations of the investigation
into project plans (not applicable since new buildings were not approved).
TO THE SATISFACTION OF SANTA CLARA COUNTY FIRE
39. FIRE FLOW: Buildings requiring a fire flow in excess of 2,000 GPM shall be
protected throughout by an automatic fire sprinkler system, hydraulically
designed per National Fire Protection Association (NFPA) Standard #13.
40. PLAN SUBMITTAL: A State of California licensed fire protection contractor
shall submit plans, calculations, a completed permit application and appropriate
fees to this department for review and approval prior to beginning their work.
41. PREMISE IDENTIFICATION: Approved numbers or addresses shall be placed
on existing buildings in such a position as to be plainly visible and legible from
the street or road fronting the property. Numbers shall contrast with their
background.
*Required as a Mitigation Measure
N:ADEV\C0NDITNS\2008\nsc I15.a&s.2.doc
February 27, 2007 HPC meeting minutes
ITEM 3: 122 N. SANTA CRUZ AVENUE
The Committee considered plans to install an awning on a pre-1941 commercial building. Cowan
moved to recommend approval of the application to the Development Review Committee.
Pacheco seconded, motion passed unanimously.
ITEM 4: 33 WALNUT AVENUE
Pacheco stated for the record that he lives within 500 feet of this parcel and therefore recused
himself from the meeting.
The Committee considered a request to interpret whether or not the work proposed to a pre-1941
single family residence classifies as a demolition. Micciche moved to find that the rear portion
of the house was an addition which is unsympathetic to the architectural style of the original
house. Therefore, the removal of this addition would not be classified as a demolition pursuant
to Town Code. Burch seconded, motion passed unanimously.
Pacheco returned to the meeting.
ITEM 5: 222 NICHOLSON AVENUE
Cowan stated for the record that he lives within 500 feet of this parcel and therefore recused
himself from the meeting.
The Committee considered plans to add onto a single family residence with reduced setbacks on
a nonconforming lot in the Almond Grove Historic District. Pacheco moved to recommend
approval of the application to the Development Review Committee with the following
conditions:
1. The arch over the garage door shall be redesigned to a flat design.
2. The garage door shall be a simple design with no windows.
3. The skylights shall be pushed back to the rear of the garage roof and shall be a flat
rectangular design.
Micciche seconded, motion passed unanimously.
Cowan returned to the meeting.
ITEM 6: 115 N. SANTA CRUZ AVENUE
The Committee considered plans to construct two new detached commercial buildings and to modify
the exterior of the existing commercial building on properties zoned C-2:LHP and R-1D:LHP.
Pacheco moved to continue the matter with the following directions:
ATTACHMENT 16
I . Increase the opening to the site from N. Santa Cruz Avenue by adjusting the southern
building.
2. Provide a color and material board.
3. Adjust the front fencing so that it curves into the plaza area to make it more inviting.
4. Look at alternatives to screen the stairs to the upper floor of the historic structure which can
include a trellis or landscaping.
5. The southern building shall maintain its rounded corner which softens the building.
6. The new buildings do not have to be symmetrical.
Micciche seconded, motion passed unanimously. The Committee stated that they endorsed the
concept that the paved parking lot on Wilder Avenue be eliminated and replaced with a residence
which will be more in keeping with the historic neighborhood.
ITEM 7: OTHER BUSINESS
a. Pre-1941 Design Guidelines Update - Baily informed the Committee on the status of
the Draft Guidelines.
b. Workshop overview - Burch, Pacheco and Baily discussed the workshop.
c. Appointment of new Chair and Vice-Chair - Micciche moved to maintain the existing
Chair and Vice-Chair. Sayoc seconded, motion passed unanimously.
ITEM 8: APPROVAL OF MINUTES
The minutes from the meeting of January 17, 2007 were approved.
ITEM 9: STATUS OF PREVIOUS APPLICATIONS
Baily informed the Committee on the status of previous applications.
ITEM 10: ADJOURNMENT
The meeting was adjourned at 8:00 P.M. to the next regularly scheduled meeting of March 21,
2007.
N:ADEV\HPCminutes\2007\2-27-07.DOC
Prepared by:
March 21, 2007 HPC meeting minutes
ITEM 3: 17020 WILD WAY
The Committee considered plans to determine whether or not the work proposed to a pre-1941
single family residence meets the Pre-1941 Design Guidelines. Pacheco moved to find that the
work proposed met the guidelines. Cowan seconded, motion passed unanimously.
ITEM 4: 57 FAIRVIEW PLAZA
The Committee considered a request of an addition that will exceed the allowable FAR on
property in the Fairview Plaza Historic District. Burch moved to find that the addition was
consistent with the guidelines of the historic district and recommended approval of the
application in terms of architecture only. Pacheco seconded, motion passed unanimously.
ITEM 5: 115 N. SANTA CRUZ AVENUE
The Committee reconsidered plans to construct two new detached commercial buildings and to
modify the exterior of the existing commercial building on properties zoned C-2:LHP and R-
1D:LHP. Pacheco moved that the application should proceed to the next step with the following
comments:
1. Two detached structures are acceptable.
2. The southern structure should be redesigned to be more subservient (regarding style, scale
and mass), to the mansion.
3. Consider a more transparent building.
4. The context of the mansion shall be protected.
5. The proposed exterior staircase on the mansion is recommended for approval.
Burch seconded, motion passed unanimously.
ITEM 6: OTHER BUSINESS
a. 139 Tait Avenue - Cowan stated for the record that he lives within 500 feet of the
subject parcel and recused himself from the meeting. The Committee considered
preliminary plans to connect two existing accessory structures along the alley. The
Committee expressed no concerns with the connection. Cowan returned to the
meeting.
b. Pre-1941 Design Guidelines Update - Baily inforined the Committee on the status of
the guidelines.
c. HPC application coversheets - The Committee discussed what they would like to see
in the coversheets.
ATTACHMENT 17
September 19, 2007 HPC meeting minutes
2. An architectural element, lattice garden structure similar to the design that currently
exists, or other feature should be added at the front elevation at the largest expanse of the
wall to break up the wall.
This action is an interpretation and is not appealable.
ITEM 3: 115 N. SANTA CRUZ AVENUE
The Committee considered revised plans to construct two new detached commercial buildings
and to modify the exterior of the existing commercial building on property located in the
Commercial Historic District. Burch moved that their previous direction to proceed to the next
step with the following comments were still applicable:
Two detached structures are acceptable.
2. The southern structure should be redesigned to be more subservient (regarding style, scale
and mass), to the mansion.
3. Consider a more transparent building.
4. The context of the mansion shall be protected.
5. The proposed exterior staircase on the mansion is recommended for approval
Pacheco seconded, motion passed unanimously.
ITEM 4: OTHER BUSINESS
a. 114 Whitney Avenue - Representative was not present. No discussion.
b. 46/48 Broadway - The Committee considered preliminary plans to restore a single
family residence. The Committee was very favorable with the proposed changes.
The Committee commented that the elongated character of the windows should be
maintained. Architectural detailing and building materials will also be important to
include on the plans.
Cowan recused himself from the next item since he lives within 500 feet of the property.
c. 146 Tait Avenue - The Committee considered preliminary plans to add onto and
remodel a single family residence. The Committee expressed concern with the bulk
and mass.
Cowan returned to the meeting.
d. 130 Massol Avenue- The Committee discussed ideas for an addition to a single
family residence. The Committee stated that the house was well preserved and was
the most original folk Victorian style house on the street.
Possible meeting date change for the October meeting - Item dropped.
ATTACUMNT 18
Dear Town Council,
Please uphold the Planning Commission's denial of the Coggshell Mansion project which would add two
structures in front of the mansion.
The Planning Commission followed through on their responsibility to protect our town treasure. I hope the Town
Council will follow their lead. It is the responsibility of our elected officials to ensure that future, as well as
present, citizens can enjoy the full beauty of the Coggshell Mansion.
Sincerely,
at y An erson
17670 Foster Rd.
Los Gatos
MAR 03 2006
MAYOR & TOWN COUNCIL
ATTACHMENT 19
FYI" W1 E
f
R 2 x®08
'ATOS
CLERK DEz)ART MEN T
March 25, 2008
The Honorable Barbara Spector, Mayor
Town of Los Gatos
110 East Main Stret
Subject: Peer Review of Initial Study ND-07-10
Historic Coggeshall Mansion
115 N. Santa Cruz Avenue
Dear Mayor Spector and Members of the Town Council:
Attached is the peer review I requested Archives and Architecture prepare for the
Coggeshall Mansion. Please accept this as a formal request to enter this report into the
official public record on this project.
If you have any questions please feel free to contact me.
Sincerely,
Lee Quintana
5 Palm Avenue
Los Gatos, California 95030
(408) 354-7808
cc: Bud Lortz, Director of Community Development
Greg Larsen, Town Manager
Sandy Baily, Planner
ATTACHMENT 20
A R C H I V E S fV A 12 C H
Heritage Resource Partners,
`I' E C T U R E
L L C
PO Box 1332
San Jose CA 95109-1332
408.369.5683 VOX
408,228,0782 FAX
March 7, 2008
Ms. Lee Quintana
5 Palm Avenue
Los Gatos, CA 95030
RE: Third party review / Initial Study - Cultural Resources
Historic Coggeshall Mansion (115 N. Santa Cruz Avenue, Los Gatos, CA)
Dear Ms. Quintana:
This letter constitutes an independent third party review of the cultural resources information
provided in the Initial Study related to the currently proposed project at the Historic Coggeshall
Mansion site, located at 115 North Santa Cruz Avenue in downtown Los Gatos. We were asked
to review the documents that constitute the Initial Study, prepared by the Town of Los Gatos, for
consistency with California Environmental Quality Act (CEQA) Guidelines for
Implementation Preliminary Review of Projects and Conduct of Initial ,Study, as they pertain to
the evaluation and consideration of historic resources within the development review process.
We understand that the project proposed for the property includes construction of two new
buildings, modifications to the landscaping of the property, and alterations to the main building
(Coggeshall Mansion). The documents we reviewed include the following:
• Landmark Designation Form, dated October 22, 1975.
• Initial Study, prepared by Geier & Geier Consulting, Inc, dated December 2007
• Mitigation Monitoring Plan, dated January 16, 2008.
• Planning Commission Staff Report, dated January 23, 2008
• A Recommendation for Tree Removal at the Trevese Restaurant Los Gatos, prepared by
Barrie D. Coate, July 24, 2007
This review was performed by Franklin Maggi and Leslie A.G. Dill, both Architectural
Historians and Partners of the firm of Archives & Architecture: Heritage Resource Partners,
LLC. Both of us meet the Secretary of the Interior's qualification standards to perform
identification, evaluation, registration, and treatment activities in our field, in compliance with
state and federal environmental laws as outlined in 36CFR Part 61.We were contacted in early
February regarding the preparation of this independent review, and were authorized to proceed
on February 6, 2008.
www. archivesandarchitecture.com
Leslie Dill conducted a reconnaissance of the site and setting in February 2008, but did not
physically access the site to conduct a detailed review of the existing building on the property.
This review is based primarily on the information provided in the above-referenced reports. No
intensive-level supplemental research on the property was conducted-
Historic Significance
Coggeshall Mansion is recognized as a historic resource by the Town, is a Historic Landmark
(1113-75-6) in an LHP Overlay Zone and is identified as such in the Initial Study and related
documents. This is in keeping with CEQA guidelines that state:
"...resources which are listed in a local historic register or deemed significant in a
historical resource survey as provided under Section 5024.1(g) are to be presumed
historically or culturally significant unless `the preponderance of evidence' demonstrates
they are not." http://www.ceres.ca.gov/topic%nv law/cega/more/tas/page3.html.
The recordation of this property completed in 1975 is not consistent with current standards as
commonly prepared by cultural resource professionals. in California. The 1970s designation form
description is limited, and provides little information for use in the developmental review
process. Although that form was considered adequate at the time for landmark nomination,
California Department of Parks and Recreation 523 forms (DPR523 forms) are used today as the
standard recording format throughout the state. DPR523 forms are based on Instructions for
Recording Historical Resources, developed by the State Office of Historic Preservation, and
their use maintains a standard recording procedure intended to provide a consistent system for
documenting the full range of historical values present in a given location. The DPR523 forms
are designed to meet a wide range of needs for information about historical resources to allow for
informed decisions on projects that might affect historic resources. Reasonable discretion is
allowed in determining what level of information is necessary, based on a particular user's needs
and the relative value of the resources that are being documented. The Instructions for Recording
Historical Resources recommends:
"The minimum level of documentation [DPRa, Primary Record form] is designed to
provide an initial record for all types of resources... However, it is important to
emphasize that the Primary Record (and a Location Map when required) is strictly non-
evaluative and constitutes the minimum documentation needed to include a record in
OHP's filing system. Professional surveys conducted in connection with planned
development projects should generally record all but the very simplest resources with a
Primary Record, Location Map, and an appropriate detailed recording form or forms
(e.g., BSO Record, Archaeological Site Record, and District Record)." (Emphasis
original to the document. California Office of Historic Preservation, March 1995 /
www.ohp.parks. ca.gov/pages/1054/files/manual95.~df).
Most jurisdictions utilize this higher level of recording information as a part of the process of
understanding the significance of a historic property when considering projects that might affect
the integrity of historic resources. Within the context of environmental review, the information
provided in DPR forms and other intensive reports is relied upon by the agency, to provide
A R C H I V E S 0 A R C B I T E C T U R E
appropriate design review, to prepare an Initial Study or other type of environmental
documentation, and to make determinations as to potential environmental effects that might
result from a proposed project.
Without this level of documentation, the character-defining features, associations, and integrity
of the historic resource, along with its historic context, may not be fully understood by the
decision makers during their discretionary review of a proposed project.
Project Review
Under CEQA, a project involving a historic resource must meet the Secretary of the Interior's
Standards for the Treatment of Historic Properties (Standards) for there to be no impacts. The
design review of the project involving the Coggeshall Mansion site does not specifically utilize
the Standards or work within a local framework consistent with the Standards. The Standards are
understood to be a common set of guidelines for the review of historic properties and are used in
California as a part of the environmental review process to determine the potential impact of a
project on an identified resource. The Initial Study by Geier & Geier Consulting, Inc., includes a
design review that utilizes aesthetic standards (e.g., "[adding] liveliness to the street" and
"maintain good visual exposure for the original historic portion of the house"). This design
review does not address historic design review embodied in the Standards, including such review
criteria as:
"The historic character of a property shall be retained and preserved. The removal of
historic materials or alteration of features, spaces, and spatial relationships that
characterize a property will be avoided." (Standard 2)
"Distinctive materials, features, finishes, and construction techniques or examples of
craftsmanship that characterize a property will be preserved." (Standard 5)
and
"New additions, exterior alterations or related new construction will not destroy historic
materials, features, and spatial relationships that characterize the property. The new work
shall be differentiated from the old and will be compatible with the historic materials,
features, size, scale and proportion, and massing to protect the integrity of the property
and its environment." (Standard 9) (Secretary of the Interior's Standards for the
Treatment of Historic Properties, http://www.Us.,_gov/histor,~/hps/tps/standguide~
We have not conducted a formal Standards Review of the proposed project; however, with only a
cursory review of the project in relation to the Initial Study documents, we find that inadequate
consideration has been given in the Initial Study analysis to the retention of historic materials
and of the potential impact that the project may have on the historic setting. Furthermore, design
review needs to address all aspects of any proposed project as a whole-the decisions should not
be undertaken piecemeal, as the cumulative impact(s) of the various alterations need to be
evaluated together. For the Town of Los Gatos to issue a Negative Declaration for the project,
A Q C 11 1 V E S 0 A R C H I T E C. T U R E
they should rely upon a clear Standards analysis of the project to ensure that the historic resource
is not impacted by the proposed project.
Tree Removal
CEQA and the Secretary's Standards include the setting of a historic resource as part of that
resource. The Initial Study evaluates the removal of a number of trees within the "Biological
Resources" section of the report, but does not address the loss of these trees on the setting of the
Coggeshall Mansion. The setting of the mansion is identified as a representation of the early
residential character of North Santa Cruz Avenue, and the landscaping of the parcel must be
considered as part of the Standards review.
The removal of the trees could possibly pose an impact under the Cultural Resources section of
the Initial Study, and analysis must be included in that section of the study. Leslie Dill recalls
that the two redwood trees were planted within the last twenty years, as mitigation for the loss of
a pair of historically significant monkey-puzzle trees (araucaria araucana) that died in a severe
winter. The removal of one of the trees would, therefore, appear to impact negatively the historic
setting unless the trees are replaced with another pair of large-scale evergreens that provide the
same symmetrical, large-scale landscape setting as the historic monkey-puzzle trees. The other
trees have not been identified specifically within the documentation forms or through other
documentation efforts (therefore underlining the inadequacy of the original nomination), and
their removal can not be adequately addressed in the Initial Study as necessary until their historic
character is established.
Please do not hesitate to contact us with any comments or questions.
Sincerely:
Franklin Maggi
Architectural Historian
A R C H I V E S & A R C H I T E C T U Q E
Aofttk
(14,09
GEIER GEIER CONSULTING, INC.
January 31, 2008
Ms. Sandy Baily
Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95030
Subject: 115 North Santa Cruz Avenue and 112 Wilder Avenue Initial Study
Dear Sandy:
We have prepared and forwarded an Errata Sheet for the above referenced Initial Study (IS). The two
corrections required for the document only affect the form of the document and have no bearing on the
substance, content or conclusions of the Initial Study.
It appears that the Planning Commission has question(s) regarding the implications of potential re-design
of one of the proposed project buildings. The Initial Study evaluated the addition of two new buildings to
the project site and found that the "introduction of two new commercial buildings on the grounds of the
project site would be considered to have a less-than-significant impact on the aesthetic character of the
property." This is based on the findings of the BPC as referenced on page 7 of the IS.
The Aesthetics section of the IS includes no mitigation measures since no significant impacts were
identified. Since we found no significant effects resulting from the currently proposed design, any
subsequent design changes reducing the footprint, mass, scale, etc. of the proposed building per BPC
directions would have lesser impacts than the currently proposed design. Potential impacts from
reductions in building scale would still be less than significant and require no further environmental
review or new mitigation measures.
Under the California Environmental Quality Act (CEQA) Guidelines, a revision and re-circulation of the
IS/MND is only necessary if there are "substantial changes" requiring "major revisions" to the project
due to new significant impacts or increased severity of identified impacts (Guidelines Section 15162).
Since those conditions would not apply to potential reductions in the scale of this project, there would be
no reason to revise and re-circulate the IS. If the Town wishes to require a re-design of the southern
structure as recommended by the BPC, including reduction of mass and scale and/or change in style, then
an Addendum (Guidelines Section 15164) would be the most appropriate course for further clarification.
An Addendum would not require a public review period or a public hearing. If you have any other
questions, please feel free to call me at your convenience.
Sincerely,
Fritz Geier
ATTACHMENT I
P.(). Box 5054 • U'crkc1cy, CA 99705-5054 570.644_2535 • 510.644.2534 rn:i ~ w«-w.~eiercrrnsultita~.cu~n
ERRATA SHEET FOR
115 NORTH SANTA CRUZ AVENUE
AND
112 WILDER AVENUE
INITIAL STUDY
JANUARY 31, 2008
ERRATA SHEET
INITIAL STUDY FOR
115 NORTH SANTA CRUZ AVENUE AND
112 WILDER AVENUE
LOS GATOS, CALIFORNIA
The following changes should be made in the Initial Study dated December 2007 (added text is
underlined):
Title Page: The project's Architecture and Site application number should be added to the
project cover sheet as follows:
115 NORTH SANTA CRUZ AVENUE
AND
112 WILDER AVENUE
LOS GATOS, CALIFORNIA
SUBDIVISION APPLICATION M-07-005
GENERAL PLAN AMENDMENT GP-07-01
ZONE CHANGE Z-07-001
CONDITIONAL USE PERMIT U-07-020
VARIANCE APPLICATION V-07-01
NEGATIVE DECLARATION ND-07-10
ARCHITECTURE AND SITE APPLICATION S-07-019"
Page 1: The project's Architecture and Site application number should be added to the
applications listed under Item 1, Project Title as follows:
"l. Project Title: 115 North Santa Cruz Avenue and 112 Wilder Avenue
Subdivision Application M-07-005, General Plan Amendment
GP-07-01, Zone Change Z-07-001, Conditional Use Permit
U-07-020, Variance Application V-07-01, Negative Declaration
ND-07-10, Architecture and Site Application S-07-019."
FILING FEES
$286.00 Residential
$1,149,00 per Commercial, Multi-
family or Tentative Map Appeal
F4 C1 `i ~V
► 950J63 01 2000
4 lcv~Q- U'D
T d r, l Ub
ON' 33 - T
_1
I, the undersigned, do hereby appeal a decision of the Planning Commission as follows: (PLEASE TYPE OR PRINT NEATLY) (41~/
DATE OF PLANNING COMMISSION DECISION: `~1, t31, t1 At-t~ 2~J .r 2 b0 c~
PROJECT / APPLICATION NO: ~G~> BTU SITir ATe 1-1 i Dn(
ADDRESS LOCATION: 115- N • 5A-~~'Pr C ~-2::U G
Pursuant to the Town Code, the Town Council may only grant an appeal of a Planning Commission decision in most matters if the
Council finds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) Council members. Therefore,
please specify how one of those reasons exist in the appeal: j~
1. The Planning Commission erred or abused its discretion because ~O Sze-
n... 0,.-._, IJn kt C rt_n,t,,-,.1-0 i.rGtB 6a'ff _ «!s~tt..iC a t(n
11.
ta-
w~wu 5 S .o,, uS--. tkY~ t TVez ~ e ~ SL
G`l dY1P J,e cQ a-v-kt k 1 xA, _ 1" lt.~.2 t~F•yt o u s~ ► -C(P-0 ,1cf_V t14&q OR
2. There is new information that was not reasonably available at the time of the Planning Commission decision, which is
(please attach the new information if possible): OR
3. The Planning Commission did not have discret otf modify or address the following policy or issue that is vested in the Town
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS.
IMPORTANT:
1. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing.
2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing fee.
Deadline is 5:00 p.m, on the IO`a day following the decision. If the 1011 day is a Saturday, Sunday, or Town holiday, then it
may be filed on the workday immediately following the 10' day, usually a Monday,
3. The Town Clerk will set the hearing withing 56 days of the date of the Planning Commission Decision (Town Ordinance No.
196'7)
4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
5. Once filed, the appeal will be heard by the Town Council.
6. If the reason for granting an appeal is the receipt of new information, the application will usu lly be returned to the Planning
Commission for reconsideration.
PRINT NAME: ',A ± )TA- CR J SIGNATURE:
DATE, r'i' r f 2 6 0 ADDRESS: 4 3
222
PHONE: c
OFFICIAL USE ONLY
DATE OF PUBLIC HEARING: t °~-Yr'S `,1 • f'a CONFIRMATION LETTER SENT: Date:
Pending Plannin `Dep meat Confirmatioll TO APPLICANT & APPELLANT BY:
s L.. V t
DATE TO SEND PUBLICATION:? DATE OF PUBLICATION:
N:iDF-V\FORMS\Planning\Planning Com fission Appcal,wpd Revised July L, 2007
Town of Los Gatos C
Office of the Town Cl
110 E. Main St., Los Gatos i
APPEAL OF PLANNING COMMI
ATTACHMENT 2
Appeal of Planning Commission Decision - January 23, 2008 (Amended)
115 North Santa Cruz Avenue
• Application 5-07-019 - Architecture and Site Approval
• Application U-07-020 - Conditional Use Permit
• Application ND-07- Negative Declaration
Application S-07-019 - Architecture and Site Approval
The Planning Commission considered, as part of the application, a proposal to add two
smaller retail structures on the site adjacent to North Santa Cruz Avenue, as well as three
parking spaces (accessible from the rear alley) and an exit stair from the second floor of
the principal building, on its north side. The Commission voted to approve the addition of
the new stair, but to deny the proposed retail buildings and parking spaces.
The applicant seeks relief from this decision because it believes the Planning
Commission may have erred in its decision, based on the General Plan, and may have
abused its discretion, based on the Town Code.
Town Code Requirements
• The application may not have even required Architectural and Site Approval
because the proposal did not contemplate either the construction of a new
principal building on the site, or the intensification of land use, as it is defined.
Moreover, the proposed alteration to the existing commercial building was, and is,
minor (Section 29.20.145).
• The purpose of Architectural and Site Approval is to "regulate height, width,
shape, proportion, siting, exterior construction and design of buildings to insure
that they are architecturally compatible with their surroundings" (Section
29.20.140(d)). The Commission did not even discuss such design issues in its
deliberations. Indeed the Chair initiated the discussion by suggesting, and the
Members agreed by a show of hands, that the matter under consideration was not
a design issue at all, but rather one of land use.
• There was no discussion, or apparent consideration, given to any of the relevant
matters prescribed in Section 29.20.150 such as site layout, exterior architectural
design, lighting or drainage.
• Outright denial of the proposal seems unreasonable, whereas Section 29.20.160
calls for a standard of reasonableness.
General Plan Considerations
Moreover, the application is consistent with many of the policies expressed in the
General Plan of the Town of Los Gatos, yet the evidence on that subject was certainly not
discussed, and perhaps not even considered, by Commission members. By way of
example:
The Land Use Element actually defines the CBD as a designation which
"encourages a mixture of small town style merchants" and "integrates new
construction with structures of historical or architectural significance and
emphasizes the importance of the pedestrian". The two small retail buildings
which are proposed, at 1,126 and 424 square feet, are entirely suitable for the
needs of small merchants. The intimate pedestrian plaza, to be created in the
forecourt of the historic mansion, and framed by the proposed retail buildings,
will create a destination - and public oasis - for pedestrians. In contrast, the
existing private grounds are very inaccessible, almost intimidating.
L.P.1.1 articulates a policy that "development shall be of high quality design and
construction (and) shall enhance the character and unique identity of existing
commercial... neighborhoods". While the applicant believes that the proposal
meets, or exceeds, these high standards there was no discussion of the merits of
the design.
• Importantly, L.P.6.1 encourages the "preservation, restoration, rehabilitation,
reuse and maintenance of existing buildings". A substantial motivation of the
applicant - and consequence of the development as proposed - is to create
economic viability for the restoration and preservation of the historic Coggeshall
Mansion, insuring that it remains a relevant contributor to the unique environment
of downtown Los Gatos. That work has been started, with significant interior
renovations, repairs to the roof, windows, floors and stairs, and extensive
improvements to the air conditioning, electrical and plumbing systems. It's not
clear that the Planning Commission even superficially considered the economic
benefits of this comprehensive proposal.
• Policy CD.P.3.2 and 3.7 respectively, encourage "adaptive reuse of
commercial ....buildings" and "new structures within historic areas ...designed to
blend and harmonize with the neighborhood". These polices are squarely
addressed by the applicant's proposal, but even that evidence was not considered
during the Planning Commission hearing.
The Director of Community Development, writing on page 4 of the Mitigated Negative
Declaration for the project states that "..introduction of the two new commercial
buildings on the grounds of the project site would be considered to have a less-than-
significant impact on the aesthetic character of the property". Indeed, the Historic
Preservation Committee considered the project on three separate occasions and
determined "that the development of two detached structures would be acceptable for the
project site" - and made three recommendations for refinement of the final design.
The applicant struggles to identify any aspect of the proposal which is at odds with either
a goal, or policy, of the General Plan. There are two policies, however, which appear to
create a degree of tension by encouraging development which, at the same time, will
"preserve and promote existing commercial centers..." (L.P.1.4) and "preserve and
protect historic structures..." (L.P.l .9). The applicant believes that the Planning
Commission erred by too narrowly considering that any impact on the visibility of the
2
historic mansion - from any angle and to whatever degree - trumped all other land use
policies and community benefits. Not the least of these would be that the historic
structure itself would be repaired, sustained and made more accessible to the public as a
result of the proposed development.
Finally, the Town's Commercial Design Guidelines are "intended to establish a balance
that preserves and enhances the Town's livability while supporting the economic vitality
that provides the resources for community services The applicant respectively
submits that the Commission's decision failed to consider that balance.
Application U-07-020 - Conditional Use Permit
In order that the overall use of the property would have reduced intensity, with reduced
parking requirements, the applicant has proposed to amend the Conditional Use Permit so
as to reduce the maximum permitted seating in the fine dining restaurant from 198 to 13 5.
The Planning Commission approved the proposed amendment - without approving other
significant elements of the proposal - such as the new retail buildings and the relocation
of three parking spaces to the east side of the alley.
In the event the Town Council does not grant the applicant's appeal with respect to the
Architectural and Site Approval application requested above, applicant respectively
requests that the Conditional Use permit be'amended to allow the maximum seating
which can be accommodated by the parking which can be provided both on-site and
within the Parking Assessment District. Subject to staff confirmation, the applicant
estimates that either 6 or 9 additional seats should be permitted in that circumstance.
Application ND-07-10- Negative Declaration
Because the Commission approved the Mitigated Negative Declaration, in the form
presented, but denied parts of the application under Architectural and Site Approval, as
described above (namely the two new retail buildings and relocation of three parking
spaces) the applicant respectfully asks Town Council to confirm the findings of the
Negative Declaration in the context of the complete proposal.
Respectfully submitted,
Santa Cruz Wilder, LLC
Grant Sedgwick, Manager
134 Hernandez Ave, Los Gatos, 95030
(408) 655-9296
FILING FEES
$2&6.00 Residential
$1,149.00 per Commercial, Multi-
family or Tentative Map Appeal
50(D• o c~ dcpo
`J' ocs Town of Lo
V-ec~"'ice of the T
110 E. Main St., Los
4 D
0 1S
t
Q 42008
wn Cler
rare ~?~?!i?,ATOS
CLERK Ds-P'l,RTME l T
APPEAL OF PLUG COM MSSION DECISIOI
I, the undersigned, do hereby appeal a decision of the Planning Commission as follows: (PLEASE TYPE OR PRINT NEATLY)
DATE OF PLANNING COMMISSION DECISION:
PROJECT / APPLICATION NO: r
ADDRESS LOCATION: 1,45-Al'
Pursuant to the Town Code, the Town Council may only grant an appeal of a Pinning Commission decision in most matters if the
Council finds that one of three (3) reasons exist for granting the appeal by a vote of.at least three ( Council members. Therefore,
please specify bow one of those reasons exist in theappeal: S _ LS
1. The Planning Commission erred or abused its discretion because af. t-1LS
fVC
2. There is new information that was not reasonably available at the time of tr Planning Commission decision, which is
(please attach the new information if possible): 01
The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the To,
Council:
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDmo NtAL SHEETS.
IMPORTANT:
I. Appellant is responsible for fees for transcription of minutes. A $500,00 deposit is required at the time of filing.
2. Appeal must be ;filed within ten (10) calendar days of Planning Commission Decision aceornpanied by the required filing fet
Deadline is 5:00 p.m, on the 10'' day following the decision, If the 10'day is a Saturday, Sunday, or Town holiday, then it
maybe filed on the workday immediately following the 10th day, usually a Monday.
3. The Town Clerk will set the hearing withing 56 days of the date of the Planning Commission Decision (Town Ordinance Nc
1967)
4, An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
S, Once filed, the appeal will be heard by the Town Council.
6. If the reason for granting an appeal is the receipt of new information, the application will usually be returned to the Planning
Commission for reconsideration.
PRINT NAME: w5 is1 rte SIGNATURE:O
DATE: D ~7 Q' ADDRESS:
PHONE:
OFFICIAL USE ONLY
DATE OF PUBLIC HEARING: CONFIRMATION LETTER: ATTACHMENT 3
Peridin~,, I'lanaini, Department Confirmation TO APPLICANT & APPELLA1v 1 n x :
Appeal of January 23, 2008 Planning Commission action on:
• A&S-07-019,
• U-07-20
• ND-07-10
• Continuance of remaining applications
Project Application Number(s):
• Negative Declaration:
• Architecture and Site Application:
• Conditional Use Permit:
• General Plan Amendment:
• Zone Change:
• Variance Application:
• Subdivision Application:
ND-07-10
A&S-07-019
U-07-020
GP-07-001
Z-07-001
V-07-01
M-07-005
Address of project:
115 North Santa Cruz Avenue
112 Wilder Avenue
Reasons for appeal:
• The Initial Study/Mitigated Negative Declaration does not provide adequately analysis of
the project's potential impacts to the historic mansion, the site's character or its historic
setting.
• The ISIMND is not supported by factual evidence.
• The project was not considered as a whole as required by CEQA
• The IS/MND did not assess potential incremental or cumulative impacts to a historic
resource or consider additional mitigation to reduce impacts to a historic resource
• A fair argument can be made for an EIR
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owN 0TOWN OF LOS GATOS ITEM NO.:
PLANNING COMMISSION STAFF REPORT
~Og GAZOS Meeting Date: J rarr-2 , 2008
cev') tom,
PREPARED BY: Sandy L. Baily, AICP
Associate Planner
APPLICATION NO.: Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Variance Application V-07-01
LOCATION: 115 N. Santa Cruz Avenue and 112 Wilder Avenue. (115 N. Santa
Cruz is located on the west side of N. Santa Cruz Avenue
approximately 175 feet north of Bean Avenue. 112 Wilder Avenue is
located on the east side of Wilder Avenue approximately 150 feet
north of Bean Avenue.)
APPLICANT: John Lien
PROPERTY OWNER: Santa Cruz Wilder, LLC
CONTACT PERSON: Grant Sedgwick, (408) 655-9296
APPLICATION
SUMMARY: Requesting approval of 1) a Lot Line Adjustment, 2) a General Plan
Amendment from Medium Density Residential to Central Business for
a portion of the parking lot parcel, 3) a Zone Change from R-ID:LHP
to C-2:LHP for a portion of the parking lot parcel, and 4) conversion
of the existing parking lot which fronts on Wilder Avenue to a
residential lot, on properties zoned C-2:LHP and R-1D:LHP. No
significant environmental impacts have been identified as a result of
this project, and a Mitigated Negative Declaration has been previously
made for this proposal. APN 510-17-065 and 071
DEEMED COMPLETE: January 17, 2008
FINAL DATE TO TAKE ACTION: General Plan Amendments and
rezoning applications are considered to be legislative acts and are not
governed by the Permit Streamlining Act. The subdivision application
must be acted on by July 16, 2008.
RECOMMENDATION: Forward a recommendation for approval of the General Plan
Amendment and Zone Change to Town Council. Approve Subdivision
application for the lot line adjustment.
PROJECT DATA: General Plan Designation: Central Business District
and Medium Density Residential
Zoning Designation: R-ID:LHP and C-2:LHP
ATTAC KENT 5
I
Plainning Con-lmission Staff Report - Page 2
115 N. Santa Cruz Avenue
February 13, 2008
Applicable Plans & Standards
Parcel Size:
Surrounding Area:
Commercial Design Guidelines
.59 acres (both parcels)
Existing Land Use
General Plan
_ J
Zoning
North
Single
Family/Commercial
_
Medium Density
Residential/Central
R-1D:LHP/
C-2
Business District
East
Commercial
Central Business
C-2
District
South
Single
Medium Density
_
R-1D:LHP/
Family/Commercial
Residential/Central
C-2
Business District t
Nest
I Single Family .
Medium Density i
_
R-1D:LHP
Residential
CEQA: It has been determined that this project will not have a significant
impact on the environment and a Mitigated Negative Declaration has
been previously made for this proposal.
FINDINGS: ■ All General Plan Amendments must be internally consistent with
the General Plan.
■ The Planning Commission must make a finding that the Zone
Change is consistent with the General Plan if its recommendation
is for approval.
■ That the work proposed is consistent with the Redevelopment
Plan for the Central Los Gatos Redevelopment Project Area
(Section IV.B).
■ As required by Section 29.20.170 of the Town Code for granting
a Variance.
CONSIDERATIONS: None
ACTION:
1. Recommendation to Town Council for the General Plan
Amendment and Zone Change.
2. The decision of the Planning Commission for the Lot Line
Adjustment is final unless appealed within ten days.
EXHIBITS: 1 - 21. Previously Submitted
Planning Commission Staff Report - Page 3
115 N. Santa Cruz Avenue
February 13, 2008
BACKGROUND:
On January 23, 2008, the Planning Commission closed the public hearing and continued the
above referenced applications due to the late hour of the meeting. The Commission acted on the
Architecture and Site application, the Conditional Use Permit and the Mitigated Negative
Declaration associated with the pending applications at the January 23, 2008 meeting.
PROJECT DESCRIPTION:
The applicant is requesting approval of the following:
1. General Plan Amendment to change the land use designation for a portion of the parking
lot parcel from Medium Density Residential to Central Business,
2. Rezoning of a portion of the parking lot parcel from R-1D:LHP to C-2:LHP,
3. Lot Line Adjustment to reflect the General Plan Amendment and Zone Change,
4. Variance to eliminate parking in the Parking Assessment District to convert the existing
parking lot which fronts on Wilder Avenue to a residential lot.
REMARKS:
A. Project Site
The .59 acre project site consists of two parcels. The N. Santa Cruz Avenue parcel is
developed with the historic Coggeshall Mansion, which is occupied by the Trevese
Restaurant and Lounge. The Wilder Avenue parcel is located within the Almond Grove
Historic District and is developed with a parking lot that provides parking for the Trevese
Restaurant. An alley runs between the two parcels.
B. General Plan Amendment and Rezoning
In order to approve the proposed lot line adjustment a General Plan Amendment and Zone
Change must first be approved for 3,871 square feet of land area adjacent to the alley
(Exhibits 3 and 4).
General Plan Amendment
The General Plan designation of the 3,871 square foot portion of property at 112
Wilder Avenue is currently Medium Density Residential. The applicant proposes to
Planning Commission Staff Report - Page 4
115 N. Santa Cruz Avenue
February 13, 2008
combine this portion of land with the property at 115 N. Santa Cruz Avenue which
has a General Plan Designation of Central Business District. So that the property at
115 N. Santa Cruz Avenue does not have two General Plan Designations, the
applicant is proposing to designate the portion of property in question as Central
Business District.
2. Zone Change
The zoning designation of the 3,871 square foot portion of property is currently R-
1 D:LHP. The applicant proposes to combine this portion of land with 115 N. Santa
Cruz Avenue which has a zoning designation of C-2:LHP. So that the property at 115
N. Santa Cruz Avenue does not have two zoning designations, the applicant is
proposing to rezone the portion of property in question to C-2:LHP.
C. Lot Line Adjustment
The applicant is proposing to modify the lot lines of the N. Santa Cruz Avenue parcel to
include a portion of the Wilder Avenue parcel so that parking spaces serving the existing
and proposed commercial uses on the N. Santa Cruz Avenue parcel would be located on
the same parcel. The lot line adjustment will not increase the number of lots and both
parcels will remain conforming as to lot size. Following is a comparison between the
existing and proposed parcels.
Existing Land
Proposed Land
Existing Use
Proposed Use
Area
Area
115 N. Santa Cruz
14,230 sq ft
18,101 sq ft
Commercial
Commercial
Avenue
112 Wilder Avenue
11,246 sq ft
7,375 sq ft
Commercial
Single Family
parking lot
Residence
D. Variance
The applicant is proposing to convert the commercial parking lot on Wilder Avenue to a
residential use. This project proposes a net removal of 13 commercial parking spaces.
Section 29.10.150 (5) of the Town Code states that parking spaces credited in the PAD
cannot be eliminated. Twenty of the on-site parking spaces are credited in the PAD
calculations for the site. If parking spaces are eliminated, a Variance is required.
Under the provisions of Section 65906 of the State Government Code, a Variance is
appropriate if there are any unusual or special circumstances that encumber or place any
undue hardships on a property. This parcel is located in the PAD, a unique area established
Planning Commission Staff Report - Page 5
115 N. Santa Cruz Avenue
February 13, 2008
by the Town in order to relieve the parking issues surrounding the downtown area. When
the PAD was established, the concept that a property owner may want to reduce their land
use intensity was never considered; therefore, the Town Code did not include any
provisions to reduce the parking requirements. Since the applicant is proposing to remove
the parking lot to accommodate a residential use and still meet the required parking for the
commercial use, an undue hardship would be imposed on the property owner by denying
the project based solely upon the removal of these parking spaces. The Commission
approved a similar Variance request in 2007 on Almendra Avenue, to convert a parcel
which had an office use to a residential use. By approving this project, the Town would not
be granting a special privilege not enjoyed by other property owners. Therefore, Town staff
believes that the findings can be made to grant a Variance. The applicant has submitted a
letter to justify the Variance (Exhibit 10).
a. Parking Lot
The Wilder Avenue parcel contains a parking lot for the existing commercial use and
a trash enclosure. Access to the parking lot is from Wilder Avenue and the alley.
The parcel has a General Plan designation of Medium Residential and a R-1D:LHP
zone which allows a residential use. Therefore, the existing parking lot use is
nonconforming. The conversion of the parking lot to a residential use would make
the use of the parcel conforming. In addition, the construction of a residence would
complete the residential character of the street by eliminating a commercial use in a
residential neighborhood and would increase the Town's housing stock. The trash
enclosure was previously approved to be relocated at the rear of the N. Santa Cruz
Avenue parcel along the southern property line.
b. Parking
There are 22 parking spaces on the project site (16 spaces in the Wilder Avenue
parking lot and six spaces along the alleyway) and 44 parking spaces in the Parking
Assessment District (PAD) for a total of 66 spaces. The project would reconfigure
the two project parcels so that the parking spaces along the western side of the alley
would be part of the N. Santa Cruz Avenue parcel. The project would result in a
reduction of 13 on-site parking spaces. Due to the Commission's action denying the
three parking spaces proposed on the east side of the alley (which included an
accessible space), the accessible parking space must remain on the west side of the
alley. Maintaining the accessible space along the west side of the alley will reduce
the number of proposed spaces along the alley from ten to nine due to the required
dimensions of accessible spaces.
Planning Commission Staff Report - Page 6
115 N. Santa Cruz Avenue
February 13, 2008
With the 44 spaces in the PAD, the project would have a total of 53 parking spaces.
Based on the change in use as discussed in the previous report, the parking
requirement for the commercial site would decrease and the proposed parking
requirement would be met. The proposed residential lot on Wilder Avenue will
require two parking spaces. A conceptual location of a two car garage for this
property has been shown on the development plans which will have access from the
alley.
The following table outlines the required parking for the commercial use and takes
into account the elimination of the two proposed retail buildings and the parking
proposed on the east side of the alley which the Planning Commission denied.
USE AREA/ RATIO PARKING
# OF SEATS REQUIRED
Office
Restaurant
Proposed Parking
In District 44
On Site 9
Total Parking
Required Parking
Excess Parking
TOWN COMMITTEE MEETINGS:
A. General Plan Committee
1,262 sq ft 1/250 sq ft 6
135 seats 1/3 seats 45
53
51
2
On February 28, 2007, the General Plan Committee considered the applicant's request to
amend the General Plan Designation and change the zone for a portion of the parking lot
parcel. The Committee recommended approval of the General Plan Amendment and Zone
Change subject to the approval of the other applications associated with the entire project.
SUMMARY:
Staff has made the following conclusions about the project:
The proposed General Plan Amendment and Zone Change should be recommended for
approval and the Lot Line Adjustment should be approved to allow a residence on Wilder
Avenue.
Planning Commission Staff Report - Page 7
115 N. Santa Cruz Avenue
February 13, 2008
2. The elimination of the parking lot on Wilder Avenue to allow a residential use should be
approved.
RECOMMENDATION:
If the Planning Commission concurs with staff's summary above, the Commission should take
the following actions:
Recommend that the Town Council adopt the General Plan Amendment and Zone Change
(Exhibits 3 and 4).
2. Recommend that the Council adopt the Mitigation Monitoring Plan (Exhibit 9). As part of
the Commission's motion at its January 23, 2008 meeting to adopt the Mitigated Negative
Declaration, the Commission did not include the adoption of the required Mitigation
Monitoring Plan. It is understood that the majority of mitigation measures will no longer
apply to the project based on the Commission's action at the previous meeting to deny the
proposed two new buildings which were part of the Architecture and Site application.
3. Make the required findings (Exhibit 2).
4. Approve the Lot Line Adjustment subject to conditions (Exhibit 5).
5. Approve the Variance.
Prepared by:
Sandy L. Baily, Associate Planner
BNL: SLB:ah
r
r
Approved by:
Bud N. Lortz, Director of Community Development
cc: John Lien, 196 College Avenue, Los Gatos, CA 95030
Santa Cruz Wilder, LLC, 50 W. San Fernando Street #320, San Jose, CA 95113
N:\DEV\REPORTS\2008\nsc 115. l.doc
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~oWN 0 : TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
.Al Meeting Date: January 23, 2008
PREPARED BY: Sandy L. Baily, AICP
Associate Planner
APPLICATION NO.: Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
ITEM NO.: 4
LOCATION: 115 N. Santa Cruz Avenue and 112 Wilder Avenue. 115 N. Santa
Cruz is located on the west side of N. Santa Cruz Avenue
approximately 175 feet north of Bean Avenue. 112 Wilder Avenue is
located on the east side of Wilder Avenue approximately 150 feet
north of Bean Avenue.
APPLICANT: John Lien
PROPERTY OWNER: Santa Cruz Wilder, LLC
CONTACT PERSON: Grant Sedgwick, (408) 655-9296
APPLICATION
SUMMARY: Requesting approval of 1) a lot line adjustment, 2) a General Plan
amendment from Medium Density Residential to Central Business for
a portion of the parking lot parcel, 3) a zone change from R-ID:LHP
to C-2:LHP for a portion of the parking lot parcel, 4) conversion of an
existing fine dining restaurant into a smaller fine dining restaurant on
the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the
existing commercial building, and 7) conversion of the existing
parking lot which fronts on Wilder Avenue to a residential lot, on
properties zoned C-2:LHP and R-1D:LHP. No significant
environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-
065 and 071
DEEMED COMPLETE: January 17, 2008
FINAL DATE TO TAKE ACTION: General Plan amendments and
rezoning applications are considered to be legislative acts and are not
governed by the Permit Streamlining Act. All other applications must
be acted on by July 16, 2008.
ATTACHMENT 7
Planning Commission Staff Report - Page 2
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
RECOMMENDATION: Continue to a date certain
PROJECT DATA: General Plan Designation:
Zoning Designation:
Applicable Plans & Standards
Parcel Size:
Surrounding Area:
Central Business District
and Medium Density Residential
R-ID:LHP and C-2:LHP
Commercial Design Guidelines
.59 acres (both parcels)
Existing Land Use
General Plan
Zoning
North
Single
Medium Density
R-1D:LHP/
Family/Commercial
Residential/Central
C-2
Business District
East
Commercial
Central Business
_
C-2
_
District
South
Single
Medium Density
R-1D:LHP/
Family/Commercial
Residential/Central
C-2
Business District
West
Single Family
Medium Density
R-1D:LHP
Residential
CEQA: It has been determined that this project will not have a significant
impact on the environment and a Mitigated Negative Declaration has
been prepared for this proposal.
FINDINGS: ■ All General Plan Amendments must be internally consistent with
the General Plan.
■ The Planning Commission must make a finding that the zone
change is consistent with the General Plan if their
recommendation is for approval.
■ That the work proposed is consistent with the Redevelopment
Plan for the Central Los Gatos Redevelopment Project Area
(Section IV.B).
■ As required by Section 29.20.190 of the Town Code for granting
a Conditional Use Permit.
■ As required by Section 29.20.170 of the Town Code for granting
a Variance.
e As required by Section 29.60.337 of the Town Codc for reducing
the front setback.
Planning Commission Staff Report - Page 3
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code for
Architecture and Site applications.
■ As required by Section 29.80.290 of the Town Code for
landmark sites.
ACTION: 1. Recommendation to Town Council for the General Plan
Amendment and Zone Change.
2. The decision of the Planning Commission for the Lot Line
Adjustment, Architecture and Site Application, Conditional Use
Permit and Variance is final unless appealed within ten days.
EXHIBITS: 1.
Location Map.
2.
Findings & Considerations.
3.
Resolution for General Plan Amendment.
4.
Ordinance for Zone Change.
5.
Recommended Conditions of Approval for the Lot Line
Adjustment.
6.
Recommended Conditions of Approval for the Architecture .and
Site Application.
7.
Recommended Conditions of Approval for the Conditional Use
Permit.
8.
Initial Study and Negative Declaration.
9.
Mitigation Monitoring Plan.
10.
Applicant's letters of Justification (five pages), received January
17, 2008
11.
Ordinance HD-75-6
12.
Letter from Town's Consulting Architect, Cannon Design Group
(seven pages) received May 3, 2007.
13.
Letter from Town's Consulting Architect, Cannon Design Group
(two pages) received September 25, 2007.
14.
Arborist Report from Town's Consultant, Arbor Resources,
received September 21, 2007.
15.
Arborist Report from Applicant's Consultant, Barrie D. Coates,
and Associates, received August 22, 2007.
16.
CDAC minutes for the meeting of February 8, 2006.
17.
Excerpt minutes from the General Plan Committee Meeting of
February 28, 2007.
18.
Excerpt from the Historic Preservation Committee Meeting of
September 19, 2007
Planning Commission Staff Report - Page 4
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
19. Letters and email from the public:
Kathy Anderson (one page), received January 8, 2008
Don Davis (one page), received December 7, 2007
Charlene Lebowitz (one page), received November 20, 2007
Paul Johnannessen (one page), received October 5, 2007
Daniel Rees (two pages), received May 8, 2007
20. Development Plans (five sheets), received January 11, 2008.
BACKGROUND
The Coggeshall Mansion was constructed in 1891. The residence was converted to a mortuary in
1920 which operated until 1974. On December 1, 1975, Town Council adopted Ordinance HD-
75-6 to designate the Coggeshall Mansion as an historic landmark (Exhibit 11). On February 18,
1976, an Architecture and Site application was approved to convert the structure to a restaurant
use with an addition to the south side of the building and to improve the existing parking lot
located across the alley (Victory Lane). Subsequent to this approval, the Town Code was
amended to require Conditional Use Permits for a restaurant. The use therefore became
nonconforming and had 20 years to obtain a permit to legalize the use. On March 26, 1997, the
Planning Commission approved a Conditional Use Permit to legalize the restaurant use.
On July 25, 1997, Town Council adopted a resolution to modify a Conditional Use Permit to
permit outside seating with the service of alcohol. On March 25, 1998 the Planning
Commission approved an Architecture and Site application for an addition at the rear of the
structure and to provide a decorative fagade on the 1976 addition.
PROJECT DESCRIPTION:
The applicant is requesting approval of the following:
1. General Plan Amendment to change the land use designation for a portion of the parking
lot parcel from Medium Density Residential to Central Business,
2. Rezoning of a portion of the parking lot parcel from R-1D:LHP to C-2:LHP,
Lot line adjustment to reflect the General Plan Amendment and Zone Change,
4. Modification of a Conditional Use Permit to convert an existing fine dining restaurant into
a smaller fine dining restaurant on the first floor. No approval is needed for the proposed
office space on the second floor,
5. Architecture and Site approval to construct two new detached commercial buildings,
Planning Commission Staff Report - Page 5
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
6. Architecture and Site approval to modify the exterior of the existing commercial building
add new parking spaces, and
7. Variance to eliminate parking in the Parking Assessment District to. convert the existing
parking lot which fronts on Wilder Avenue to a residential lot.
REMARKS
A. Streetscape
The Coggeshall Mansion is a significant asset to the downtown. The open space in the
front yard is a visual respite to the downtown. The Commercial Design Guidelines identify
this area of the downtown as the heart of the C-2 zone and is composed of traditional Main
Street type buildings constructed at or near the front property line, forming a virtually
continuous line of interesting shop fronts. Pedestrians on the west side of the street
walking north on Santa Cruz Avenue from Main Street, pass numerous retail and restaurant
establishments. The last store before the open space area at the subject site is Design and
Interiors of Los Gatos. Marketing studies show that shoppers take about seven seconds to
form an opinion and lose interest when the continuity of the shopping experience is broken.
Shoppers tend to stop at this site, look down the street, notice the bank immediately on the
north side of the subject property, and turnaround. Therefore, the restaurant and retail
establishments immediately` after the bank and further down the street, are impacted by the
loss of pedestrian shoppers. In reviewing the proposed project, the Commission will need
to consider how the open space area in front of the Coggeshall Mansion can become more
beneficial to our downtown.
Staff believes that the area in front of the mansion could be improved to be more inviting
and designed to create an interest to enter the site to enjoy the property and to create a
public interest to continue north on Santa Cruz Avenue. Retail uses designed to be quaint
bookends of the Coggeshall Mansion could create such an interest and further benefit the
downtown.
B. Project Site
The .59 acre project site consists of two parcels. The N. Santa Cruz Avenue parcel is
developed with the historic Coggeshall Mansion, which is occupied by the Trevese
Restaurant and Lounge. The Wilder Avenue parcel is located with the Almond Grove
Historic District and is developed with a parking lot that provides parking for the Trevese
Restaurant. An alley runs between the two parcels.
Planning Commission Staff Report - Page 6
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
C. General Plan Amendment and Rezoning
In order to approve the proposed lot line adjustment a General Plan amendment and zone
change must first be approved for 3,871 square feet of land area adjacent to the alley
(Exhibits 3 and 4).
1. General Plan Amendment
The General Plan designation of the 3,871 square foot portion of property at 112
Wilder Avenue is currently Medium Density Residential. The applicant proposes to
combine this portion of land with the property at 115 N. Santa Cruz Avenue which
has a General Plan Designation of Central Business District. So that the property at
115 N. Santa Cruz Avenue does not have two General Plan Designations, the
applicant is proposing to designate the portion of property in question as Central
Business District.
2. Zone Change
The Zoning designation of the 3,871 square foot portion of property is currently R-
1D:LHP. The applicant proposes to combine this portion of land with 115 N. Santa
Cruz Avenue which has a zoning designation of C-2:LHP. So that the property at 115
N. Santa Cruz Avenue does not have two zoning designations, the applicant is
proposing to rezone the portion of property in question to C-2:LHP.
D. Lot Line Adjustment
The applicant is proposing to modify the lot lines of the N. Santa Cruz Avenue parcel to
include a portion of the Wilder Avenue parcel so that parking spaces serving the existing
and proposed commercial uses on the N. Santa Cruz Avenue parcel would be located on
the same parcel. The lot line adjustment will not increase the number of lots and both
parcels will remain conforming as to lot size. Following is a comparison between the
existing and proposed parcels.
Existing Land
Proposed Land
Existing Use
Proposed Use
Area
Area
115 N. Santa Cruz
14,230 sq ft
18,101 sq ft
Commercial
Commercial
Avenue
112 Wilder Avenue
11,246 sq ft
7,375 sq ft
Commercial
Single Family
parking lot
Residence
Planning Commission Staff Report - Page 7
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
E. Architecture and Site
The applicant is requesting approval to construct two new detached, one-story retail
buildings along the N. Santa Cruz Avenue frontage and to modify the exterior of the
existing structure. The applicant is also requesting approval to eliminate the parking lot on
Wilder Avenue to accommodate a future residence at this site.
1. New Structures
Two new detached one story retail buildings are proposed to bookend the N. Santa
Cruz Avenue frontage. A plaza area is proposed between the two buildings. The
southern building will be 1,176 square feet and will have a maximum height of 15.5
feet. The northern building will be 424 square feet with a maximum height of 14 feet.
The existing square footage of the Coggeshall Mansion is 7,943 square feet. The total
square footage of buildings on the commercial site will be 9,543. The allowed FAR
for the site (as modified with the lot line adjustment) is .60 and the proposed FAR is
.527. The maximum height of the mansion measured from the turret, is
approximately 40 feet. Exterior colors and materials of the new buildings will consist
of wood shingles to match the existing structure, wood trim, and a dark grey metal
standing seam roof.
The front setbacks of the new buildings will be two feet six inches. Town Code_
requires a front setback of ten feet unless findings can be that adequate pedestrian
circulation is available, that the setbacks are compatible with the adjacent buildings
and that clear sight vision is adequate for vehicular traffic. The applicant is proposing
a front setback that matches the building lines of the retail buildings south of the
subject parcel. The reduced setback enhances the retail continuity of the street.
Pedestrian circulation and the sight vision for vehicular traffic will not be impacted
by the setback reduction. The proposed setbacks are consistent with the Commercial
Design Guidelines which state that facades in the C-2 zone should be setback from
the street property line no more than five feet.
2. Existing Structure
To provide secondary access for the proposed office use, an exterior stair is proposed
on the northern side of the Coggeshall Mansion. An existing window will be
replaced with a door to accommodate the stair access. At the nonhistoric portion of
the structure, the existing portico, deck and stairs for the outside dining will be
removed and replaced with a new exterior dining area directly behind the proposed
new building on the south side of the parcel. A new awning is also proposed above
the doors to the outside patio area. None of the changes proposed will impact the
integrity of the mansion.
Planning Commission Staff Report - Page 8
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
3. Fencing
The existing wrought iron fencing along the N. Santa Cruz Avenue frontage is
protected under the Landmark Historic Preservation Overlay zone. The fencing will
remain except for two openings to access the proposed retail buildings.
4. Parking Lot
The Wilder Avenue parcel contains a parking lot for the existing commercial use and
a trash enclosure. Access to the parking lot is from Wilder Avenue and the alley.
The parcel has a General Plan designation of Medium Residential and a R-1:LHP
zone which allows a residential use. Therefore, the existing parking lot use is
nonconforming. The conversion of the parking lot to a residential use would make
the use of the parcel conforming. In addition, the construction of a residence would
complete the residential character of the street by eliminating a commercial use in a
residential neighborhood and would increase the Town's housing stock. The trash
enclosure is proposed to be relocated at the rear of the N. Santa Cruz Avenue parcel
along the southem property line.
F. Architectural Review
The Town's Consulting Architect, Cannon Design Group, reviewed and commented on
several versions of the plans for this project (Exhibits 12 and 13). In terms of architectural
design of the buildings as proposed, the applicant has incorporated all of Cannon's
comments. Based on the Town's Commercial Design Guidelines and comments from staff
and the Historic Preservation Committee, Cannon summarized the three following primary
issues for considering the project.
1. To what degree will the infill of a significant portion of the garden in front of the
mansion compromise the historic setting and quality of the existing structure?
2. Will the added structures improve or detract from the urban design quality of
Downtown Los Gatos?
3. Is the amount of proposed new construction in the front garden area appropriate for
the site?
Cannon concluded that these important issues are value judgments that the Town would
need to make. To assist staff and the deciding body, Cannon provided the following range
of options which are arranged from the least to the most impact on the current site
conditions:
1. No project.
2. Limit the addition to one structure.
Planning Commission Staff Report - Page 9
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
3. Decrease the size of the structure to the north.
4. Modify the design of the north building.
The applicant designed the plans based on the third option of decreasing the original size of
the proposed northern structure.
G. Conditional Use Permit
The applicant is requesting approval to modify the Conditional Use Permit to reduce the
number of restaurant seats and to limit the restaurant use to the basement and first floor of
the existing building. The second floor will be converted to office space which is an
allowed use. Office space above a first floor is permitted in the C-2 zone and does not
require a Conditional Use Permit. The number of seats will decrease from 198 (inside and
out) to 135 (inside and out). No other changes are proposed to the use of the restaurant.
H. Parking
There are 22 parking spaces on the project site (16 spaces in the Wilder Avenue parking lot
and six spaces along the alleyway) and 44 parking spaces in the Parking. Assessment
District (PAD) for a total of 66 spaces. The project would reconfigure the two project
parcels so that the six existing on-site parking spaces along the western side of the alley
would be located on the N. Santa Cruz Avenue parcel and seven on-site spaces would be
added on the eastern side of the alley for a total of 13 on-site parking spaces. The project
would result in a reduction of nine on-site parking spaces. With the 44 spaces in the PAD,
the project would have a total of 57 parking spaces. Based on the proposed change of use
discussed earlier in this report, the parking requirement for the proposed commercial site
would decrease and the proposed parking requirement would be met. The proposed
residential lot on Wilder Avenue will require two parking spaces. A conceptual location of
a two car garage for this property has been shown on the development plans which will
have access from the alley.
The following table outlines the required parking for the commercial use.
USE
AREA/
RATIO
PARKING
# OF SEATS
REQUIRED
Retail
1,600 sq ft
1/300 sq ft
6
Office
1,262 sq ft
1/250 sq ft
6
Restaurant
135 seats
1/3 seats
45
Proposed Parkin
In District 44
On Site 13
Total Parking 57
Required Parking 57
Planning Commission Staff Report - Page 10
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
Variance
As stated earlier in this report, the applicant is proposing to convert the commercial parking
lot on Wilder Avenue to a residential use. This project proposes a net removal of nine
commercial parking spaces. Section 29.10.150 (5) of the Town Code states that parking
spaces credited in the PAD cannot be eliminated. If parking spaces are eliminated, a
variance is required.
Under the provisions of Section 65906 of the State Government Code, a variance is
appropriate if there are any unusual or special circumstances that encumber or place any
undue hardships on a property. This parcel is located in the PAD, a unique area established
by the Town in order to relieve the parking issues surrounding the downtown area. When
the PAD was established, the concept that a property owner may want to reduce their land
use intensity was never considered, therefore the Town Code did not include any
provisions to reduce the parking requirements. Since the applicant is proposing to remove
the parking lot to accommodate a residential use, and still meet the required parking for the
commercial use, an undue hardship would be imposed on the property owner by denying
the project based solely upon the removal of these parking spaces. The Commission
approved a similar variance request in 2007 on Almendra Avenue, to convert a parcel
which had an office use to a residential use. By approving this project the Town would not
be granting a special privilege not enjoyed by other property owners. Therefore, Town staff
believes that the findings can be made to grant a variance. The applicant has submitted a
letter to justify the Variance (Exhibit 10).
J. Grading
To provide a useable open space plaza, the applicant is proposing to grade the area in front
of the mansion. The grading volume will be 64 cubic yards of cut. The applicant worked
with the Town and the Town's Consulting Arborist to design the plaza and new structures
so that the Coast Redwood to remain would not be impacted.
K. Traffic
The Parks and Public Works Department determined that the change in use will not result
in any traffic impacts. The use currently generates 566 average daily trips, no AM peak
hour trips and 55 PM peak hour trips. The proposed use will result in a net reduction of
trips (471 average daily trips, 4 AM peak hour trips and 44 PM peak hour trips). The AM
trips noted in the Initial Study are incorrect.
Planning Commission Staff Report - Page 11
115 N. Santa Cruz Avenue and 112 Wilder Avenue
January 23, 2008
L. Trees
The applicant's arborist report (Exhibit 15) was peer reviewed by the Town's consulting
arborist (Exhibit 14). A total of seven trees are proposed to be removed. Of these trees,
only two were found to be in fair to good condition (a 15 inch holly oak and a 22 inch
canary island date palm). Staff discussed the possibility of relocating the date palm
however, due to the size of the tree's canopy, there was not enough room on site to relocate
the tree. In addition, the Consulting Arborist commented that the tree requires high
maintenance to avoid its frond and fruit from falling onto people below. These trees will
be required to be mitigated pursuant to Town Code.
Five of the trees proposed to be removed have been determined to be hazardous and are
encouraged to be removed whether or not the project is approved. Since the trees are a
hazard, mitigation is not required for their removal. These trees consist of four
pittosporums with a diameter ranging from six to ten inches and a 15.S inch Coast
Redwood. The recommendations made by the Town's Consulting Arborist have been
incorporated as conditions of approval for the Architecture and Site application.
M. CEOA Determination
An Initial Study was prepared for this project (Exhibit 8). The areas of mitigation are as
follows:
1. Biological Resources - The mitigation measures deal with the recommendations made
by the Consulting Arborist to reduce tree impacts.
2. Cultural Resources - The mitigation measures deal with the possible finding of
archaeological resources.
3. Geology and Soils - The mitigation measures deal with a geotechnical investigation.
4. Hazards and Hazardous Materials - The mitigation measures deal with the removal of
lead based paint.
NEIGHBORHOOD CONCERNS:
The applicant held a neighborhood meeting on October 13, 2007. The Town's noticing list was
used to inform the public about the meeting. According to the applicant, 11 people attended the
meeting. Issues discussed at the meeting were parking and the reduction of green space on N.
Santa Cruz Avenue. Attached are emails and letters from citizens concerned about the project
(Exhibit 19).
Planning Commission Staff Report - Page 12
115 N. Santa Cruz Avenue
January 23, 2008
TOWN COMMITTEE MEETINGS:
A. Historic Preservation Committee
The Historic Preservation Committee considered preliminary plans on April 5, 2006. The
Committee considered the applications on February 27, March 21 and September 19, 2007.
The Committee recommended approval of the proposed changes to the existing structure
and determined that the two proposed detached structures would be acceptable for the site
and had the following three comments regarding the proposed structures:
The southern structure should be redesigned to be more subservient (regarding style,
scale and mass), to the mansion.
2. Consider a more transparent building.
3. The context of the mansion shall be protected.
B. General Plan Committee
On February 28, 2007, the General Plan Committee considered the applicant's request to
amend the General Plan Designation and change the zone for a portion of the parking lot
parcel. The other applications were not part of the Committee's review. The Committee
recommended approval of the General Plan amendment and Zone Change subject to the
approval of the other applications associated with the entire project.
C. Conceptual Development Advisory Committee
On February 8, 2006, the CDAC considered a preliminary application for a similar request.
However, these plans proposed residential condominiums on the second floor, not an office
use. The Committee expressed numerous comments about the proposal (Exhibit 16).
SUMMARY:
Staff has carefully considered the comments made by the applicant, Town Committees, Cannon
Design Group and the general public. Based on the above information, staff has made the
following conclusions about the project.
The proposed General Plan Amendment and Zone Change should be recommended for
approval and the Lot Line Adjustment should be approved to allow a residence on Wilder
Avenue.
Planning Commission Staff Report - Page 13
115 N. Santa Cruz Avenue
January 23, 2008
2. The elimination of the parking lot on Wilder Avenue to allow a residential use should be .
approved.
3. The modification of the Conditional Use Permit to reduce the intensity of the use should be
approved.
4. The exterior changes proposed to the Coggeshall Mansion should be approved since the
integrity of the structure will not be impacted.
5. The parking space and trash enclosure relocations should be approved.
6. The mansion is a treasure that must be preserved. The question is whether any structures
should be allowed in front of the mansion. To protect the view of the mansion and
strengthen the retail presence in the neighborhood, the southern building should be
significantly reduced in size to be consistent with the building proposed to the north. The
two modest structures will frame the mansion. The southern building could be deleted but
staff believes it will improve the retail vitality of the area and partially screen the non-
historic addition to the mansion.
7. The outdoor dining should also be more visible and the plaza should be designed to
incorporate seating areas and potentially two to three historically-designed push carts could
be allowed to create vitality to the plaza that would encourage pedestrians to enter the site.
Providing visible activities and passive areas, the site will activate the site, strengthen the
retail streetscape in downtown, and promote pedestrian circulation. "
RECOMMENDATION:
If the Planning Commission concurs with staffs summary above, the Commission should
continue all the applications to a date certain with the following directions.
1. Design a smaller building to the south similar in size to the building to the north.
2. Create a plaza that has visible outside dining.
3. Incorporate seating areas and other pedestrian friendly activities in the plaza.
If the Commission finds merit with the project as proposed, the following actions are required:
1. Recommend that the Town Council adopt the General Plan amendment and Zone Change
(Exhibits 3 and 4).
2. Recommend that the Council make the Mitigated Negative Declaration
(Exhibit 8) and adopt the Mitigation Monitoring Plan (Exhibit 9).
Planning Commission Staff Report - Page 14
115 N. Santa Cruz Avenue
January 23, 2008
3. Make the required findings and considerations (Exhibit 2).
4. Approve the lot line adjustment subject to conditions (Exhibit 5).
5. Approve the Architecture and Site application as modified to reduce the square footage of
the proposed southern retail building subject to conditions (Exhibit 6).
6. Approve the modification of the Conditional Use Permit subject to conditions (Exhibit 7
7. Approve the Variance.
The following are other alternative actions the Commission could take:
1. Deny the applications, or
2. Recommend the General Plan Amendment and Zone Change to Town Council and approve
the other applications but modify the Architecture and Site application as follows:
a. Eliminate one of the retail buildings, or
b. Eliminate both of the proposed retail buildings.
aUSAT
Prepared y:
Sandy L. Baily, Associate Planner
BNL:SLB:mdc
I I r
pproved by:
Bud N. Lortz, Director of Community Development
cc: John Lien, 196 College Avenue, Los Gatos, CA 95030
Santa Cruz Wilder, LLC, 50 W. San Fernando Street #320, San Jose, CA 95113
N:\DEV\REPORTS\200 8\ 115 nsc. l . doc
12 wl"Wer Avg J.
115 N. Santa Cruz
EXHIBIT 1
REQUIRED FINDINGS AND CONSIDERATIONS FOR
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from Medium
Density Residential to Central Business for a portion of the parking lot parcel, 3) a zone
change from R-1D:LHP to C-2:LHP for a portion of the parking lot parcel, 4) conversion of an
existing fine dining restaurant into a smaller fine dining restaurant on the first floor and office
space on the second floor, 5) two new detached commercial buildings, 6) modification to the
exterior of the existing commercial building, and 7) conversion of the existing parking lot
which fronts on Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-
1D:LHP. No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
FINDINGS
■ All General Plan Amendments must be found to be internally consistent with the General
Plan.
■ That the zone change is consistent with the General Plan.
■ As required by Section 29.20.170 of the Town Code for granting a variance the deciding
body, on the basis of the evidence submitted at the hearing, may grant a variance if it finds that:
(1) Because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of this ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under
identical zone; and
(2) The granting of a variance would not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zone in
which such property is situated.
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit.
EXHIBIT 2
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code
if it finds that:
(1) The proposed uses of the property are essential or desirable to the public
convenience or welfare;
(2) The proposed uses will not impair the integrity and character of the zone;
(3) The proposed uses would not be detrimental to public health, safety or general
welfare; and
(4) The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
■ As required by Section 29.60.337 of the Town Code for reducing the front setback.
Sec. 29.60.337. Improvements within yards abutting a street.
(a) Improvements may be permitted in any required front yard and any required side
yard abutting a street in a C-2 or central business district commercial zone if the deciding body
makes all of the following findings:
(1) Pedestrian safety will not be impaired;
(2) The strectscape would be enhanced as a result of the proposed improvements;
(3) The improvements are in character with the adjacent buildings; and
(4) The improvements will not obstruct the clear sight vision of vehicular traffic.
■ That the work proposed is consistent with the Redevelopment Plan for the Los Gatos
Redevelopment Project Area (Section IV.B).
CONSIDERATIONS
® As required by Section 29.20.150 of the Town Code for Architecture and Site
applications.
Sec. 29.20.150. Considerations in review of applications.
The deciding body shall consider all relevant matter including, but not limited to, the
following:
(1) Considerations relating to traffic safety and traffic congestion. The effect of the
site development plan on traffic conditions on abutting streets; the layout of the
site with respect to locations and dimensions of vehicular and pedestrian
entrances, exits, drives, and walkways; the adequacy of off-street parking facilities
to prevent traffic congestion; the location, arrangement, and dimension of truck
loading and unloading facilities; the circulation pattern within the boundaries of
the development, and the surfacing, lighting and handicapped accessibility of off-
street parking facilities.
a. Any project or development that will add traffic to roadways and critical
intersections shall be analyzed, and a determination made on the following
matters:
1. The ability of critical roadways and major intersections to
accommodate existing traffic;
2. Increased traffic estimated for approved developments not yet
occupied; and
3. Regional traffic growth and traffic anticipated for the proposed
project one (1) year after occupancy.
b. The deciding body shall review the application for traffic
roadway/intersection capacity and make one (1) of the following
determinations:
The project will not impact any roadways and/or intersections
causing the roadways and/or intersections to exceed their available
capacities.
2. The project will impact a roadway(s) and/or intersection(s) causing
the roadway(s) and/or intersection(s) to exceed their available
capacities.
Any project receiving Town determination subsection (1)b.1. may
proceed. Any project receiving Town determination subsection
(1)b.2. must be modified or denied if the deciding body determines
that the impact is unacceptable. In determining the acceptability of
a traffic impact, the deciding body shall consider if the project's
benefits to the community ovemde the traffic impacts as
determined by specific sections from the general plan and any
applicable specific plan.
(2) Considerations relating to outdoor advertising. The number, location, color, size,
height, lighting and landscaping of outdoor advertising signs and structures in
relation to the creation of traffic hazards and the appearance and harmony with
adjacent development. Specialized lighting and sign systems may be used to
distinguish special areas or neighborhoods such as the downtown area and Los
Gatos Boulevard.
(3) Considerations relating to landscaping. The location, height, and materials of
walls, fences, hedges and screen plantings to insure harmony with adjacent
development or to conceal storage areas, utility installations, parking lots or
unsightly development; the planting of ground cover or other surfacing to prevent
dust and erosion; and the unnecessary destruction of existing healthy trees.
Emphasize the use of planter boxes with seasonal flowers to add color and
atmosphere to the central business district. Trees and plants shall be approved by
the Director of Parks, Forestry and Maintenance Services for the purpose of
meeting special criteria, including climatic conditions, maintenance, year-round
versus seasonal color change (blossom, summer foliage, autumn color), special
branching effects and other considerations.
(4) Considerations relating to site layout. The orientation and location of buildings
and open spaces in relation to the physical characteristics of the site and the
character of the neighborhood; and the appearance and harmony of the buildings
with adjacent development.
Buildings should strengthen the form and image of the neighborhood (e.g.
downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation
of solar access. In the downtown, mid-block pedestrian arcades linking Santa Cruz
Avenue with existing and new parking facilities shall be encouraged, and shall
include such crime prevention elements as good sight lines and lighting systems.
(5) Considerations relating to drainage. The effect of the site development plan on
the adequacy of storm and surface water drainage.
(6) Considerations relating to the exterior architectural design of buildings and
structures. The effect of the height, width, shape and exterior construction and
design of buildings and structures as such factors relate to the existing and future
character of the neighborhood and purposes of the zone in which they are situated,
and the purposes of architecture and site approval. Consistency and compatibility
shall be encouraged in scale, massing, materials, color, texture, reflectivity,
openings and other details.
(7) Considerations relating to lighting and street furniture. Streets, walkways, and
building lighting should be designed so as to strengthen and reinforce the image of
the Town. Street furniture and equipment, such as lamp standards, traffic signals,
fire hydrants, street signs, telephones, mail boxes, refuse receptacles, bus shelters,
drinking fountains, planters, kiosks, flag poles and other elements of the street
environment should be designated and selected so as to strengthen and reinforce
the Town image.
(8) Considerations relating to access for physically disabled persons. The adequacy
of the site development plan for providing accessibility and adaptability for
physically disabled persons. Any improvements to a nonresidential building where
the total valuation of alterations, structural repairs or additions exceeds a
threshold value established by resolution of the Town Council, shall require the
building to be modified to meet the accessibility requirements of title 24 of the
California Administrative Code adaptability and accessibility. In addition to retail,
personal services and health care services are not allowable uses on nonaccessible
floors in new nonresidential buildings. Any change of use to retail, health care, or
personal service on a nonaccessible floor in a nonresidential building shall require
that floor to be accessible to physically disabled persons pursuant to the
accessibility requirements of title 24 of the California Administrative Code and
shall not qualify the building for unreasonable hardship exemption from meeting
any of those requirements. This provision does not effect lawful uses in existence
prior to the enactment of this chapter. All new residential developments shall
comply with the Town's adaptability and accessibility requirements for physically
disabled persons established by resolution.
(9) Considerations relating to the location of a hazardous waste management facility.
A hazardous waste facility shall not be located closer than five hundred (500) feet
to any residentially zoned or used property or any property then being used as a
public or private school primarily educating persons under the age of eighteen
(18). An application for such a facility will require an environmental impact
report, which may be focused through the initial study process.
■ As required by Section 29.80.290 of the Town Code for landmark sites.
See. 29.80.290. Standards for review.
In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any other pertinent factors. Applications shall
not be granted unless:
On landmark sites, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the landmark (and, where specified in the
designating ordinance for a publicly owned landmark, its major interior architectural
features) nor adversely affect the character of historical, architectural or aesthetic interest
or value of the landmark and its site.
N:\DEV\FINDINGS\nsc 115.doc
RESOLUTION NO.
RESOLUTION OF THE TOWN OF LOS GATOS
AMENDING THE GENERAL PLAN TO CHANGE THE
DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO
CENTRAL BUSINESS DISTRICT FOR
A PORTION OF A PROPERTY AT 112 WILDER AVENUE
TO BE COMBINED WITH 115 N. SANTA CRUZ AVENUE
WHEREAS, pursuant to Government Code Section 65353, the Town Council
conducted a public hearing for consideration of amendments to the General Plan on
, 2008.
WHEREAS, during this hearing, the Town Council considered the General Plan
Amendment to change the land use designation from Medium Density Residential to
Central Business District fora portion of the property.
RESOLVED, the Town Council finds that (a) the proposed General Plan
amendment is internally consistent with the existing goals and policies of the General
Plan and its corresponding elements and (b) that all proceedings have been conducted in
compliance with the provisions of Government Code Section 65350 et seq
RESOLVED, the Town Council hereby changes the land use designation of the
General Plan as shown on Exhibit A from Medium Density Residential to Central
Business District.
FJMIBIT 3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the
day of , 2008 by the
following vote:
COUNCIL MEMBERS
AYES :
NAPES:
ABSTAIN:
ABSENT:
SIGNED:
GATOS
MAYOR OF THE TOWN OF LOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
nsc115.GPamend
115 N. Santa Cruz
112 Wilder Avenue
TOWN OF LOS OATOS
Application No. GP-07-001 A.P.N. # 510-17-071
Change of the general plan leap amending the Town General Plait.
From: Medium Density Residential (5-12 units per acre)
To: Central Business District
Recommended by Planning Commission
Approved by Town Council Date:
Town Clerk Mayor
Date:
Reso:
Exhibit A
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING MAP FROM R-1D:LHP TO C-2:LHP
FOR PROPERTY LOCATED AT 112 WILDER AVENUE
TO BE COMBINED WITH 115 N. SANTA CRUZ AVENUE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION I
The Zoning Map of the Town is hereby amended as shown on Exhibit A.
SECTION Il
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on, 2008, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on, 2008. This ordinance
takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
WDEVIORDS~nsc 115.zc.doc
EXHIBIT 4
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115 N Santa Cruz
112 Wilder Avenue
TOWN OF LOS "-t-X
Application No. Z-07-001 A.P.N. # 510-17-071
Change of the zoning map amending the Town Zoning Ordinance.
X Zone Change
Prezoning From: R-1D:LHP To: C-2:LHP
Recommended by Planning Commission Date:
Approved by `Town Council Date: Ord:
Town Clerk Mayor
Exhibit A
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration N11)-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT,
(Planning Division)
1. APPROVAL. The approval of this application is contingent upon the adoption of
the General Plan amendment and the Zone Change for the lot area being adjusted.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS
(Public Works Division)
2. 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-'h 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.
NADEV\C0NDITNS\200 8\nsc 115.I1a, doc
FMIBIT 5
CONDITIONS OF APPROVAL
Architecture and Site Application
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and; 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(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
approved plans. Any changes or modifications made to the approved plans shall
be approved by the Development Review Committee, Director of Community
Development or the Historic Preservation Committee, 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. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to
the issuance of a Building, Grading or Encroachment Permit.
4. 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. The building permit plans shall include details of the screen and
EXHIBIT 6
the spec sheets to ensure that the equipment will be screened. The screening shall
not exceed the height on the approved plans
5. 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.
6. NEW TREES. The new trees to be planted shall be double-staked, using rubber
tree ties and shall be planted prior to occupancy.
7. PROTECTIVE FENCING. Prior to any construction or building permits being
issued, the applicant shall meet with the Parks Superintendent concerning the
need for protective fencing around the existing trees. Such fencing is to be
installed prior to, and be maintained during, construction. The fencing shall be a
four foot high chain link attached to steel poles driven two feet into the ground
when at the dripline of the tree. If the fence has to be within eight feet of the
trunk of the tree, a fence base may be used, as in a typical chain link fence that is
rented.
8. *ARBOR RESOURCES. All recommendations made by Arbor Resources
(September 21, 2007) shall be implemented to eliminate or minimize the
construction-related impacts on the trees to be retained. Recommendations are
listed under Section 4.0, recommendations of the arborist's report. These include
recommendations under the Design Guidelines section (addressing tree location
mapping, protective fencing, building setback, trenching, drainage facilities, and
installation of new trees) and the Protection Measures Before and During
Construction section (addressing fencing, removal of hardscape, demolition, work
within tree canopies, etc). The report's recommendations are included as
Attachment 2 of the Initial Study.
9. ARBORIST REQUIREMENTS. The developer shall implement, at their cost, all
recommendations noted above. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the
recommendations have or will be addressed. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a
building permit where applicable.
(Building Division)
10. PERMITS REQUIRED: A building permit shall be required for the alteration of
the existing structure, the new buildings and the parking lot improvements.
Separate permits are required for electrical, mechanical, and plumbing work as
necessary.
11. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined
in full on the cover 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.
12. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36
13. CODES: Projects will be required to conform to the 2007 California Building,
Fire, Mechanical, Electrical, and Plumbing Codes. The California Codes are
based on model codes; 2006 International Building Code and Fire Code and 2006
Uniform Plumbing and Mechanical Codes and the 2005 National Electrical Code.
14. SOILS REPORT: A soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations, may
be required to be submitted with the building permit application. This report shall
be prepared by a licensed civil engineer specializing in soils mechanics.
15. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil
engineer or land surveyor may be required to 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
16. 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 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.
17. TITLE 24 - COMMERCIAL: The proposed tenant improvements, will require
upgrades 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.
18. 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 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.los atg osea.gov/building
19. 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
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.
20. PLANS: The construction plans shall be prepared under the direct supervision of
a licensed architect or engineer. (Business and Professionals Code Section 5538)
21. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
A. Community Development - Planning Division: Sandy Baily at 354-6873
B. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-
3460
C. Santa Clara County Fire Department: (408) 378-4010
D. Environmental Health Department: (408) 885-4200
22. *ARCHAELOGICAL. In the event archaeological traces are encountered, all
construction within a 50 meter radius of the find shall be halted, the Director of
Community Development shall be notified and an archaeologist shall be retained
to examine the find and make appropriate recommendations.
23. *NATIVE AMERICAN REMAINS. If human remains are discovered, the Santa
Clara County Coroner shall immediately be notified. The Coroner will determine
whether or not the remains were Native American. If the Coroner determines that
the remains are not subject to his or her authority, the Coroner shall notify the
Native American Heritage Commission, who would attempt to identify
descendants of the deceased Native American.
24. *ARCHAEOLOGICAL FIND. If the Director of Community Development
finds that the archaeological find is not a significant resource, work will resume
only after the submittal of a preliminary archaeological report and after provision
for reburial and ongoing monitoring are accepted. Provisions for identifying
descendants of a deceased Native American and for reburial will follow the
protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found
to be a significant archaeological site, a mitigation program must be prepared and
submitted to the Director of Community Development for consideration and
approval, in conformance with the protocol set forth in Public Resources Code
Section 21083.2.
25. *FINAL ARCHAEOLOGICAL REPORT. A final report shall be prepared at the
applicant's cost when a find is determined to be a significant archaeological site
and/or when Native American remains are found on the site. The final report
shall include background information on the completed work, a description and
list of identified resources, the disposition and curation of these resources, any
testing, other recovered information, and conclusions.
26. *LEAD-BASED PAINT. A state certified lead-based paint professional shall be
retained to perform a lead-based paint survey of the existing structures and the
recommendations of the professional shall be followed for abatement of any
identified lead-based paint prior to renovation of the structure.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
27. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress
printing to the Town for review of above ground utilities including backflow
prevention devices, fire department connections, gas and water meters, off-street
valve boxes, hydrants, site lighting, electrical/communication/cable boxes,
transformers, and mail boxes. Above ground utilities shall be reviewed and
approved by Community Development prior to issuance of any permit.
28. 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 of the 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 of Parks and Public Works, the
grading permit will be issued concurrently with the building permit. The grading
permit is for work outside the building footprint(s). A separate building permit,
issued by the Building Department on E. Main Street is needed for grading within
the building footprint.
29. TREE REMOVAL. Copies of all necessary tree removal permits shall be
provided prior to issuance of a grading permit.
30. 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 applicants' soils
engineer and submitted to the Town before final release of any occupancy permit
is granted.
31. 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 subsequent to foundation construction and prior
to construction on the structure. The pad certification shall address both vertical
and horizontal foundation placement.
32. 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.
33. 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 of the California
Business and Professions Code.
34. 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.
35. 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 night-
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.
36. 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.
37. PUBLIC WORKS INSPECTIONS. The developer or his representative shalt
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.
38. 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 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 Dirt 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 No. R2-2005-0035 of the amended
Santa Clara County NPDES Permit.
39. DUST CONTROL. Blowing dust shall be reduced by timing construction
activities so that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as possible.
Further, water trucks shall be present and in use at the construction site. All
portions of the site subject to blowing dust shall be watered as often as deemed
necessary by the Town, or a minimum of three times daily, or apply (non-toxic)
soil stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust for the
duration of the project. Watering on public streets shall not occur. Streets 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 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.
40. 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.
41. CONSTRUCTION STREET PARKING. Any reservation of street parking shall
be coordinated with the Police Department. Contractors shall not use public
parking unless previously arranged through the Police and Engineering
Departments.
42. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No
through curb drains will be allowed.
43. NPDES. On-site drainage systems shall include a filtration device such as a bio-
swale or permeable pavement.
44. 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 into the Town's storm drains.
45. 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 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.
46. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project.
Sidewalk repair shall match existing 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.
47. 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.
48. AS-BUILT PLANS. An AutoCAD disk of the approved "as-built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. 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.
49. 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.
50. 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 flushing inlet cover at the public or
private sewer system serving such drainage piping shall be protected from
backflow of sewage by installing an approved type backwater valve. Fixtures
above such elevation shall not discharge through the backwater valve, unless first
approved by the Administrative (Sec. 6.50.025). 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
section 103(e) of the Uniform Plumbing Code adopted by section 6.5 of the
Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater
device is needed shall be provided prior to issuance of a building permit.
5i. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered
and area drains connected to the sanitary sewer system shall be provided.
Temporary trash enclosures are exempt from this condition.
52. GREASE TRAPS. Meet all requirement of the Santa Clara County Health
Department and West Valley Sanitation District for the interception, separation or
pretreatment of effluent.
53. 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.
54. GOOD HOUSEKEEPING. Good housekeeping 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 issued by the Engineering
Division.
55. TRUCKING and UNLOADING. Trucking and unloading shall be coordinated
with the Engineering inspector. Haul routes, temporary blocking of parking or
streets, and delivery times shall be coordinated with the Engineering inspector.
56. *GEOTECHNICAL INVESTIGATION. A geotechnical investigation shall be
conducted for this project to determine the potential for surface fault rupture on
the site. The geotechnical study shall provide recommendations for site grading
as well as the design of foundations, retaining walls, concrete slab-on-grade
construction, excavation, drainage, on-site utility trenching and pavement
sections. The project shall incorporate all recommendations of the investigation
into project plans.
TO THE SATISFACTION OF SANTA CLARA COUNTY FIRE
57. FIRE FLOW. Buildings requiring a fire flow in excess of 2,000 GPM shall be
protected throughout by an automatic fire sprinkler system, hydraulically
designed per National Fire Protection Association (NFPA) Standard #13.
58. PLAN SUBMITTAL. A State of California licensed fire protection contractor
shall submit plans, calculations, a completed permit application and appropriate
fees to this department for review and approval prior to beginning their work.
59. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed
on all new and existing buildings in such a position as to be plainly visible and
legible from the street or road fronting the property. Numbers shall contrast with
their background.
*Required as a Mitigation Measure
N:\DEV\C0NDITNSM08\nsc 115.a&s.doc
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
115 N. Santa Cruz Avenue and 112 Wilder Avenue
Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
Requesting approval of 1) a lot line adjustment, 2) a General Plan amendment from
Medium Density Residential to Central Business for a portion of the parking lot
parcel, 3) a zone change from R-1D:LHP to C-2:LHP for a portion of the parking
lot parcel, 4) conversion of an existing fine dining restaurant into a smaller fine
dining restaurant on the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the existing
commercial building, and 7) conversion of the existing parking lot which fronts on
Wilder Avenue to a residential lot, on properties zoned C-2:LHP and R-1D:LHP.
No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-065 and 071
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Division)
I. 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.
2. RESTAURANT USE: A high quality restaurant and full service bar is permitted
on the first floor and the basement.
3. HOURS: Maximum hours of operation for the inside restaurant and bar shall be
11 AM to I AM weekdays and 9 AM to 1 AM Saturday and Sunday. Maximum
hours of operation for the outside seating area shall be the same except that
alcohol service shall not go past 11 PM Sunday through Thursday, except for
holidays and evenings before holidays.
4. SEATS. The maximum number of seats (inside and outside combined) shall not
exceed 135.
5. ALCOHOL SERVICE: The service of alcohol for the restaurant dining area
(inside and outside) is permitted only with meals. A meal is defined as a
combination of food items selected from a menu (breakfast, brunch, lunch, or
EXHIBIT 7
dinner). Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays,
etc. (hot or cold) are not meals.
6. DELIVERIES: Deliveries shall be no earlier than 7:00 a.m.
7. PORCH AREA: No chairs shall be in the porch area.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS
(Public Works Section)
8. GREASE TRAPS: Meet all requirements of the County Health Department and
West Valley Sanitation District for the interception, separation, or pretreatment of
effluent.
TO THE SATISFACTION OF THE CHIEF OF POLICE:
9. GENERAL: The restaurant is subject to the following:
a. Uniformed privately provided security guards may be required in or
around the premises by the Chief of Police if alcohol related problems
recur that are not resolved by the licensed owner.
b. At the discretion of the Chief of Police, periodic meetings will be
conducted with representatives from the Police Department for on-going
employee training on alcoholic beverage service to the general public.
C. All establishments shall use an employee training manual that addresses
alcoholic beverage service consistent with the standards of the California
Restaurant Association. _
d. All licensed operators shall have and shall actively promote a designated
driver program such as complimentary non-alcoholic beverages for
designated drivers.
e. Taxicab telephone numbers shall be posted in a visible location.
f. A restaurant employee shall seat patrons in the outside dining area.
N ADEWONDITNSMOMnsc 115. cup, doc
INITIAL STUDY
115 NORTH SANTA CRUZ AVENUE
AND
112 WILDER AVENUE
LOS GATOS, CALIFORNIA
SUBDIVISION APPLICATION M-07-005
GENERAL PLAN AMENDMENT GP-07-01
ZONE CHANGE Z-07-001
CONDITIONAL USE PERMIT U-07-020
VARIANCE APPLICATION V-07-01
NEGATIVE DECLARATION ND-07-10
PREPARED FOR
TOWN OF Los GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
110 E. MAIN STREET
Los GATOS, CA 95030
a
DECEMBER 2007 J~ G k
2007
PREPARED BY
GEIER & GEIER CONSULTING, INC.
P.O. Box 5054
BERKELEY, CA 94705-5054
510/644-2535
EXHIBIT 8
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: 115 North Santa Cruz Avenue and 112 Wilder Avenue
Subdivision Application M-07-005, General Plan Amendment GP-07-01,
Zone Change Z-07-001, Conditional Use Permit U-07-020,
Variance Application V-07-01, Negative Declaration ND-07-10
2. Lead Agency Name and Address: Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95031
3. Contact Person and Phone Number: Sandy Baily, 408/354-6873
4. Project Location: 115 North Santa Cruz Avenue (Figure 1)
5. Project Applicant's
Name and Address: Santa Cruz Wilder, LLC
50 West San Fernando Street, #320
San Jose, CA 95113
6. General Plan Designation: North Santa Cruz Parcel (APN 510-17-065): Central Business District
Wilder Parcel (APN 510-17-071): Medium Density Residential, 5-12 du/acre
7. Zoning: North Santa Cruz Parcel (APN 510-17-065): C-2:LHP, Central Business District
Commercial Zone with Landmark and Historic Preservation Overlay Zone
Wilder Parcel (APN 510-17-071): R-1D:LHP, Single-Family Residential Downtown Zone
with Landmark and Historic Preservation Overlay Zone
8. Description of Project: The project site is comprised of two parcels totaling 25,476 square feet (s.f.)
or 0.59 acre (North Santa Cruz Parcel: 14,230 s.f.; Wilder Parcel: 11,246 s.f.). The project applicant is
requesting approval of the following:
Lot Line Adjustment (Subdivision Application): Adjust the rear lot line of the North Santa Cruz
parcel to include a portion of the Wilder parcel so that parking spaces serving the existing and
proposed commercial uses on the North Santa Cruz parcel would be located on this same parcel. The
North Santa Cruz parcel would be enlarged to 18,101 s.f. (0.42 acre), while the Wilder parcel would
be reduced to 7,375 s.f. (0.17 acre).
■ General Plan Amendment and Zone Change: Amend the General Plan from Low Density Residential
to Central Business District and the Zoning Ordinance from R-1 D:LHP to C-2:LHP for the portion of
the Wilder parcel that would become part of the North Santa Cruz parcel and used for parking.
DECEMBER, 2007
PROJECT LOCATION
0115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
FIGURE 1
NO SCALE *N
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
■ Convert Existing Parking Lot to Residential Lot (Variance Application): Convert the existing parking
lot located on the Wilder parcel to a residential lot, currently designated in the General Plan as
Medium Density Residential and zoned C-2:LHP and R-ID:LHP. Such conversion would remove 13
on-site parking spaces used in the Parking Assessment District calculations.
■ Modify Use of Existing Coggeshall Mansion and Add Two Commercial Buildings (Conditional Use
Permit): Convert an existing fine dining restaurant into a smaller fine dining restaurant on the first
floor and office space on the second floor; add two detached commercial buildings in front (east) of
the existing structure on the North Santa Cruz parcel; and modify the exterior of the existing historic
structure.
On the North Santa Cruz parcel, these approvals would allow for addition of two, single-story,
detached commercial buildings along the North Santa Cruz Avenue property frontage.. The proposed
South Building would be 1,176 square feet and located in the southeast corner of the North Santa
Cruz parcel. The proposed North Building would be 424 square feet and located on this parcel's
northeast comer. In addition to the two new buildings, the interior of the existing Coggeshall Mansion
would be modified to allow for reduction in the existing restaurant and conversion of the second floor
to office space. There would also be minor changes to the exterior of the mansion (e.g., add new
canvas awning, replace existing windows with French doors, and replace existing portico, deck and
stairs with new dining deck and stairs on the front of the mansion; replace existing window with exit
door and stairs on the rear of the building). The proposed Lot Line Adjustment would expand this
parcel so that the existing six parking spaces would be located on the same parcel and four more
spaces would be added for a total of 10 parking spaces. The existing trash enclosure would be
relocated to the east to accommodate these three additional spaces.
On the Wilder parcel, these approvals would allow removal of the existing parking lot, which
currently provides 16 parking spaces and the trash enclosure, and future development of a single-
family residence. The proposed plan indicates that a two-car garage for the residence and two guest
spaces (located east of the garage) would be located on the east end of this parcel, adjacent to the
alleyway.
9. Surrounding Land Uses and Setting: The 0.59-acre project site consists of two adjacent parcels,
one fronts on North Santa Cruz Avenue and extends westward to Wilder Avenue, spanning the
alleyway located mid-block. The project's eastern parcel fronts onto North Santa Cruz Avenue (North
Santa Cruz parcel), while the western parcel fronts onto Wilder Avenue (Wilder parcel). The
alleyway currently extends along the adjoining boundary of these two parcels. The North Santa Cruz
parcel is developed with the historic Coggeshall Mansion, which is occupied by the Trevese
Restaurant and Lounge. The Wilder Avenue parcel is currently developed as a parking lot that
provides on-site parking for the Trevese Restaurant.
The North Santa Cruz parcel is bounded by North Santa Cruz Avenue on the east, the alleyway on the
west, and retail commercial uses on the north and south (U.S. Bank and Designs & Interiors of Los
Gatos, respectively). Retail commercial uses are located across North Santa Cruz Avenue to. the east
of the project site. The Wilder parcel is bounded by Wilder Avenue on the west, the alleyway on the
east, and single-family residences to the north and south. Pedestrian access to the Coggeshall
Mansion is available from North Santa Cruz Avenue on the east and the alleyway on the west. Since
there are no parking facilities on the North Santa Cruz parcel, vehicular access is limited to the
alleyway, off-street parking on the Wilder parcel, and on-street parking on North Santa Cruz Avenue.
Vehicular access to the Wilder parcel is available from Wilder Avenue as well as the alleyway.
DECEMBER, 2007
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
10. Other agencies whose approval is required (e.g., permits, financing approval, or participation
agreements): None.
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages:
Aesthetics
Agriculture Resources
Air Quality
X
Biological Resources
X
Cultural Resources
X
Geology/Soils
X
Hazards & Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
Mineral Resources
Noise
Population/Housing
Public Services
Recreation
Transportation/Traffic
Utilities/Service Systems
Mandatory Findings of Significance
Determination: (to be Completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
X
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided
or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required.
Bud N. Lortz, Director of lAmmuDevelopment
12
Date
DECEMBER, 2007 4
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Evaluation of Environmental Impacts
Issues:
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
1. Aesthetics - Would the project:
a) Have a substantial adverse effect on a scenic vista?
X
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
X
within a state scenic highway?
c) Substantially degrade the existing visual character or
X
quality of the site and its surroundings?
d) Create a new source of substantial light or glare which
X
would adversely affect day or nighttime views in the area?
The project would involve a lot line adjustment for two adjoining parcels fronting on Wilder and North
Santa Cruz avenues, with the development of a new residential structure and garage on the Wilder
Avenue parcel currently used for parking. The design plans for the new residence have not been
formulated; however, the proposed project specifies a future garage and two guest parking spaces to be
accessed from the alleyway separating the two parcels.
The project plans propose the construction of two new single-story, retail commercial buildings in the
front yard area of the Coggeshall Mansion property on North Santa Cruz Avenue. The planned
commercial structures would be located in the northeast and southeast corners of the North Santa Cruz
parcel, with a remaining open garden area separating the two structures and providing partial views and
access from North Santa Cruz Avenue to the restaurant use in the historic mansion. The South Building
would be 1,176 square feet in size and have a maximum height of 15.5 feet above grade, while the North
Building would be 424 square feet with a maximum height of 14 feet above grade. The proposed South
Building height would be approximately similar to that of the commercial building (Design & Interiors of
Los Gatos) adjoining the project site to the south along North Santa Cruz Avenue. The height of the North
Building would be lower than that of the US Bank building adjoining the site to the north.
In addition to the two new buildings, the interior of the existing Coggeshall Mansion would be modified
to allow for reduction in the existing restaurant use and conversion of the second floor to office space.
There would also be minor changes to the exterior of the mansion, e.g. the addition of new canvas
awnings, replacement of existing windows with French doors, new exterior stairs on the west and north
sides of the building, etc. An existing portico and deck used for dining would be replaced with a new
dining deck between the existing mansion building and the proposed South Building.
Views of the project site are primarily available from pedestrians and vehicles traveling along North
Santa Cruz Avenue and Wilder Avenue, east and west of the subject parcels, respectively. Both parcels
are visible from the alleyway separating the two subject parcels. The views from Wilder Avenue are of a
parking lot with a background view of the Coggeshall Mansion's rear faqade. Views of the Coggeshall
Mansion from North Santa Cruz Avenue constitute the principal visual resource of project site. The
mansion is designated as a historical resource (No. HD-75-6) in Los Gatos since it represents a classic
DECEMBER, 2007
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
example of a Nineteenth Century Eastlake Victorian. It is the only remaining structure of many that once
lined the west side of North Santa Cruz Avenue.
In order to assess the potential effects of the proposed project on the visual character of the project site,
the Town required a peer review of the project design plans by the Town's contract architectural
consultant, Cannon Design Group (CDG). CDG reviewed the project plans and prepared a report (April
20,2007) detailing potential concerns with the design submitted to the Town and providing design
options to address these issues. The peer review report did not address potential design issues for the
residential component of the project plans since no specific residential design plans have been submitted
to the Town. CDG made no firm recommendations for the modification of the project design, and noted
that the aesthetic effects of the project's proposed design on the site's character and the mansion's historic
setting were a matter of value judgments to be decided by Town staff, the Historical Preservation
Committee, and the Planning Commission. The CDG report is included as Attachment 1 of this study.
Briefly, the CDG review presented four options that would reduce the impacts of the project design as
previously submitted to the Town. These include: 1) no project development; 2) limit additional
commercial development to one structure; 3) reduce the North Building size; and 4) modify the design of
the North Building. The project design was revised in response to the recommendations of the CDG peer
review and submitted to the Town for further review and approval. The revised design included minor
modification of the South Building, entailing the removal of a rooftop architectural element and a
reconfiguration in the alignment of the North Building. The North Building was planned in an east - west
orientation to permit more visibility of the Coggeshall Mansion from North Santa Cruz Avenue. CDG
reviewed the revised design (September 24, 2007; included in Attachment 1) and concluded that while the
design was much improved, there were still three concerns:
■ The roof form of the proposed South Building is very awkward at the south property boundary, with
the odd angle to the end, partly a result of trying to achieve the maximum building square footage at
an angled property line. In some cases that might be acceptable, but CDG indicates the historic
quality of the Coggeshall Mansion deserves a more classic and complete design solution. CDG
recommends that roof form relate more directly to the north end of this building, requiring some
adjustment for the location and/or form of building element on the west side of this structure.
■ Proposed location of the entry gable so close to the south end of the building seems awkward and out
of character for this type of structure. CDG recommends moving the entry northward, as indicated in
the Recommendations diagram (Attachment 1).
■ CDG is concerned with the use of stucco for wall materials and recommends that strong consideration
be given to the use of a wood frame and panel system for the walls, relating them strongly to the
window system and the wood of the existing Coggeshall Mansion on the site. CDG recommends that
the proposed building designs visually relate more to the historic mansion than to the adjacent stucco
buildings.
Views of the North Santa Cruz Avenue parcel and the Coggeshall Mansion would change from a full
view of the estate structure and front yard landscaping to a partially obstructed view of the building. The
proposed one-story South Building would block views of the mansion's single-story southern wing. The
smaller North Building would be located in the northeast corner of the project site and its location and
size would preserve views of the main entrance and two-story fagade of the mansion along the North
Santa Cruz Avenue frontage.
The protection of the historic structures' character and settings would be subject to the provisions of the
Town's Commercial Design Guidelines and the Town Code pertaining to LHP properties. Page 6 of these
DECEMBER, 2007 6
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
guidelines, Designated Landmarks, indicates that Appendix C identifies Individual Historic Landmarks
within commercial areas that are subject to these design guidelines. Appendix C, page 83 of these
guidelines, lists HD-75-6, Coggeshall Mansion, 115 North Santa Cruz Avenue as one of the commercial
buildings or properties that are not located within one of the Town's historic districts that have been
designated as historical landmarks by the Town of Los Gatos.
These guidelines contain a clear statement of community expectations to assist property and business
owners in understanding the Town and commercial development features that assist in defining the
overall ambience and sense of place that contribute so strongly-to the livability and economic vitality of
Los Gatos. The guidelines are intended to establish a balance that preserves and enhances the Town's
livability while supporting the economic vitality that provides the resources for community services and
the uses that make Los Gatos a complete community.
To assist the Town in its efforts to achieve a high level of design quality and preserve the historic design
characteristics important to the community, the Town Municipal Code provides for a Historic
Preservation Committee to advise the Planning Commission. The Historic Preservation Committee
reviewed a preliminary project design on April 5, 2006 to determine whether the conceptual project
design is consistent with the requirements of the Commercial Design Guidelines and goals of the Town
for historic landmarks. At that time (April 5, 2006), the Committee provided direction for the project
applicant to ensure that the proposed design complies with the goals and objectives for the preservation of
the historic landmark property. In general, the comments of the Committee supported the conceptual
project design.
During meetings on March 21 and September 19, 2007, the Historic Preservation Committee considered
plans for the proposed project and determined that development of two detached structures would be
acceptable for the project site and had the following three comments regarding the proposed structures:
■ The southern structure should be redesigned to be more subservient (regarding style, scale and mass),
to the mansion;
■ Consider a more transparent building; and
■ The context of the mansion shall be protected.
Additionally, the Committee determined that the proposed exterior staircase on the mansion would be
acceptable.
Consequently, introduction of two new commercial buildings on the grounds of the project site would be
considered to have a less-than-significant impact on the aesthetic character of the property. Further design
review required by the Town for this project would enforce the historic preservation objectives as
presented in the Town's Commercial Design Guidelines.
Views of the project site's Wilder Avenue parcel are available from existing single-family residences
located to the north, south, and west on Wilder Avenue. Current views of the existing parking lot would
change to views of a single-family residence similar to those presently surrounding the site. The
development of a two-story residence would obstruct existing views across the parking lot to the eastern
(back) fagade of the Coggeshall Mansion. The replacement of existing parking lot and mansion views
with views of a proposed residential building would be a less-than-significant change in the surrounding
visual character. Visual compatibility of the proposed residence's design with surrounding development
will be specifically evaluated during the Architecture and Site review process.
DECEMBER, 2007 7
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
II. Agriculture Resources - Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
X
prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a
X
Williamson Act contract?
c) Involve other changes in the existing environment which,
X
due to their location or nature, could result in conversion of
Farmland, to non-agri cultural use?
The project site is developed with an existing historical structure that would be retained and remodeled
for ongoing commercial use. Since the site is not in agricultural use and has no agricultural potential due
to its small size, location, and existing use, the project would not adversely affect any existing agricultural
resources or operations. Since the properties surrounding the project site are developed with commercial
and residential uses, the proposed project would not adversely affect other agricultural properties or result
in the conversion of farmland to non-agri cultural use.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
III. Air Quality - Would the project:
a) Conflict with or obstruct implementation of the applicable
X
air quality plan?
b) Violate any air quality standard or contribute substantially
X
to an existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any
X
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions, which
exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
X
concentrations?
e) Create objectionable odors affecting a substantial number
X
of people?
The project would be consistent with the Bay Area Air Quality Management District's (BAAQMD) most
recently adopted regional air quality plan, the Bay Area 2005 Ozone Strategy (BAOS). The consistency of
the proposed project with the BAOS is determined by comparing the project's consistency with the Los
Gatos General Plan. Since the BAGS is based on population projections of the Association of Bay Area
Governments (ABAG) that are based on the Town's General Plan in effect at the time the BAGS was
approved, consistency of the project with the General Plan would indicate consistency with the BROS.
The proposed retail commercial, office, restaurant, and residential uses would be consistent with the uses
DECEMBER, 2007 8
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
allowed on the project site by the Los Gatos General Plan, and therefore, the project would be consistent
with the BAGS.
The San Francisco Bay Area Air Basin is classified by the BAAQMD as non-attainment for ozone and
inhalable particulates (PM,,). According to the Town Engineering Division, the project would generate
471 average daily trips, 8 AM peak hour trips, and 44 PM peak hour trips, which would represent a net
reduction in traffic generated at the project site on a daily basis and during the PM peak. Air pollutant
emissions associated with the proposed project would likewise decrease and reduced traffic volumes
would be below the Bay Area Air Quality Management District's (BAAQMD) threshold levels for
potential significance.' The BAAQMD threshold levels for potential significance are approximately
2,000 vehicle trips per day or approximately 44,000 square feet of retail commercial space. At or above
this size, traffic generated by a project could produce air quality problems, and an air quality impact
assessment would need to be prepared and submitted to the BAAQMD for review.
Adjacent residential uses are considered to be sensitive receptors. Proposed grading activities would
generate short-term emissions of criteria pollutants, including suspended and inhalable particulate matter
and equipment exhaust emissions. The project site is approximately 0.59 acre, and therefore, project
implementation would result in surface disturbance of less than one acre. The BAAQMD does not require
quantification of construction emissions, but considers any project's construction-related impacts to be
less than significant if required dust-control measures are implemented. The Town's standard dust control
conditions require implementation of the BAAQMD's standard dust control measures (required on sites
of three acres or less), which would mitigate the project's construction-related air quality impacts to a
less-than-significant level.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mtigation
Significant
No
Impact
Incorporated
Impact
Impact
IV. Biological Resources - Would the project:
a) Have a substantial adverse effect, either directly or through
X
habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations,' or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat or
X
other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected
X
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of any native
X
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
DECEMBER, 2007 9
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
ssues (and Supporting Information Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Significant
Impact
o
Impact
e) Conflict with any local policies or ordinances protecting
X
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
X
Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat
conservation plan?
The project site is a 0.59-acre property currently developed with a historical structure, landscaped
grounds, and a parking lot. The area where the proposed retail commercial buildings would be located is
currently developed with landscaping and paved walkways. Vegetation on the site consists of landscape
trees, shrubs, and groundcover in the front and side yards of the property, and along the parking lot
perimeter. The habitat value of site vegetation is limited to urban-adapted species.
Policy O.P.3.3 of the Open Space Element of the Los Gatos General Plan emphasizes preservation of
public and private landscaping along Town streets. The Los Gatos Tree Protection Ordinance states that
the preferred tree replacement is two or more trees of a species and size designated by the Director of the
Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is
defined in Table 3-1 of the Ordinance, Tree Canopy - Replacement Standard. Tree canopy replacement
requirements range from two to six 24-inch box size trees or two 36-inch and/or 48-inch box size trees,
depending on the canopy size of the tree to be removed.
The Town retained Arbor Resources (AR) to conduct a tree inventory and review project plans to
determine the project's compliance with the Town's Tree Protection Ordinance. This survey was
completed in September 2007, and a copy of this report is included as Attachment 2. Arbor Resources'
survey identified a total of 10 trees that could be affected by the proposed project, including pittosporum
(Pittosporum eugenioides), holly oak (Quercus ilex), coast live oak (Quercus agrifolia), Canary Island
date palm (Phoenix canariensis), and coast redwood (Sequoia sempervirens). These trees are either on the
project site or in the right-of-way adjoining the site and could be vulnerable to potential damage during
project development [Section 29.10.0995(B) of the Town's Municipal Code]. The 10 trees listed in the
inventory are Protected Trees (trees with a trunk diameter of four inches or greater) as defined in Section
29.10.0960 of the Town Code.
Of the 10 inventoried trees, seven trees (#l, 3, 5, 6, and 8 through 10) would need to be removed due to
the project design and implementation. Arbor Resources indicates that proposed removal of the seven
trees would be in accordance with Section 29.10.0990 (Standards of Review) of the Town's Municipal
Code. In accordance with the Tree Protection Ordinance, Arbor Resources recommends planting of
replacement trees to compensate for the loss of trees #3 and 5, a holly oak and date palm (both in fair to
good condition). The other five trees to be removed were determined to be hazardous and no mitigation
would be required. Pursuant to Section 29.10.0985 of the Town Code, the Parks and Public Works
Department will determine specific replanting requirements for replacement trees.
The arborist's study also identifies five river birch (Betulus nigra) trees situated in a row along the
northern property boundary immediately north of the restaurant. These trees are all Ordinance-size, range
in fair to good condition, and have trunk diameters ranging from 4 to 12 inches. A very large redwood
DECEMBER, 2007 10
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
with a trunk diameter of 39.5 inches and a canopy spread of 40 feet is located at the rear of the restaurant
and appears to be in overall fair health.
The Wilder Avenue parcel contains three small redwoods, two large redwoods, one laurel (Umbellularia
californica), and one coast live oak on a neighboring site. While project plans avoid disturbance of these
trees, the use of the Wilder Avenue property for construction access and staging could place these trees at
risk.
The Town will require implementation of the following measures to reduce impacts on trees to be
retained and adequately replace trees to be removed:
All recommendations made by Arbor Resources (September 21, 2007) shall be implemented to
eliminate or minimize the construction-related impacts on the trees to be retained. Recommendations
are listed under Section 4.0, Recommendations, of the arborist's report. These include
recommendations under the Design Guidelines section (addressing tree location mapping, protective
fencing, building setback, trenching, drainage facilities, and installation of new trees) and the
Protection Measures Before and During Construction section (addressing fencing, removal of
hardscape, demolition, work within tree canopies, etc.). The report's recommendations are included
as Attachment 2.
Potentially
Significant
Potentially
Impact Unless
Less Than
issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
V. Cultural Resources - Would the project:
a) Cause a substantial adverse change in the significance of a
X
historical resource as defined in 15064.5?
b) Cause a substantial adverse change in the significance of
X
an archaeological resource pursuant to 15064.5?
c) Directly or indirectly destroy a unique paleontological
X
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
X
outside of formal cemeteries?
The project site contains the Coggeshall Mansion, which was designated a historic landmark by the Town
in 1975 (No. HD-75-6). The site is listed as a historically, architecturally, or aesthetically significant
property since the mansion is:
"almost classic example of Nineteenth Century Eastlake Victorian with the distinctive type of
ornamentation that is the major characteristic of this style. Open front porch, tower, rows of
spindles, and woodwork resembling furniture legs. Other distinguishing characteristics are the
rectangular shape of the building, and the gable roof."
The building was constructed as a residence in 1891. It was converted into a mortuary in 1920 and used as
such until 1974. A building addition occurred in the 1970's. The building is presently used for
commercial purposes as a restaurant. The structure is the only remaining building of this type that once
lined the west side of North Santa Cruz Avenue between Saratoga Avenue and Main Street.
Project implementation would result in the conversion of the structure's second story to commercial
office use. The eastern portion of the project site is the landscaped front yard of the North Santa Cruz
DECEMBER, 2007 11
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
parcel, and contains landscaping as well as a dining deck, portico, and stairs. Portions of the front yard
landscaping would be replaced with two new retail commercial structures as well as new landscaping and
hardscape, i.e. walkways, patios, etc. The existing dining deck, portico, and stairs would be replaced with
a new dining deck and stairs.
The conservation of the Town's historic resources is the subject of the Town Code, Chapter 29 (Zoning
Regulations), Sections 29.80.215 through 29.80.320. The purpose of the Historic Preservation and LHP or
Landmark and Historic Preservation Overlay Zone is defined in Section 29.80.215(1) - (4). In brief, the
Town seeks:
"The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders
of past eras, events and persons important in local, State, or National history, or which provide
significant examples of architectural styles of the past or are landmarks in the history of
architecture, or which are unique and irreplaceable assets to the Town and its neighborhoods, or
which provide for this and future generations examples of the physical surroundings in which past
generations lived."
To achieve these goals, Section 29.80.225 of the Town Municipal Code provides for the establishment
and functioning of a Historic Preservation Committee. The Committee is composed of professional and
lay members that have demonstrated knowledge, competence, or expertise in historic preservation, and
acts as an advisory body to the Planning Commission on all matters pertaining to historic preservation.
To ensure that the proposed project meets the requirements of the Town Zoning Code and all relevant
guidelines, the Historic Preservation Committee reviewed a preliminary project design on April 5, 2006.
At that time, the Committee provided direction for the project applicant to ensure that the proposed design
complies with the goals and objectives for the preservation of the historic landmark property. In general,
the comments of the Committee supported the conceptual project design.
During meetings on March 21 and September 19, 2007, the Historic Preservation Committee considered
plans for the proposed project and determined that development of two detached structures would be
acceptable for the project site and had the following three comments regarding the proposed structures:
■ The southern structure should be redesigned to be more subservient (regarding style, scale and mass),
to the mansion;
■ Consider a more transparent building; and
■ The context of the mansion shall be protected.
Additionally, the Committee determined that the proposed exterior staircase on the mansion would be
acceptable.
Consequently, introduction of two new commercial buildings on the grounds of the project site would be
considered to have a less than significant impact on the character of the historic landmark property.
Further design review required by the Town for this project would enforce the historic preservation
objectives as presented in the Town's Commercial Design Guidelines. The directions identified by the
Historic Preservation Committee (April 5, 2006) for the proposed project are included in Attachment 3 of
this study.
Since, the project site is already developed, surface soils were disturbed during construction of existing
development on the subject property in the late 19`h century. Although the site is not located adjacent to
Los Gatos Creek, the potential for encountering cultural resources cannot be completely eliminated due to
DECEMBER, 2007 12
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
the site's historic character and relatively level topography. In addition, the project would potentially
involve trenching for removal and/or relocation utility lines. Therefore, the following mitigation
measures will be required:
2. In the event that archaeological traces are encountered, all construction within a 50-meter radius of
the find shall be halted, the Community Development Director shall be notified, and an archaeologist
shall be retained to examine the find and make appropriate recommendations.
3. If human remains are discovered, the Santa Clara County Coroner shall be notified. The Coroner
shall determine whether or not the remains are Native American. If the Coroner determines that the
remains are not subject to his authority, he shall notify the Native American Heritage Commission,
who shall attempt to identify descendants of the deceased Native Americans.
4. If the Community Development Director finds that the archaeological find is not a significant
resource, work may resume only after the submittal of a.preliminary archaeological report and after
provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants
of a deceased Native American and for reburial shall follow the protocol set forth in CEQA
Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation
program shall be prepared and submitted to the Community Development Director for consideration
and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.
5. A final report shall be prepared when a find is determined to be a significant archaeological site,
and/or when Native American remains are found on the site. The final report shall include
background information on the completed work, a description and list of identified resources, the
disposition and curation of these resources, any testing, other recovered information, and
conclusions.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
VI. Geology and Soils - Would the project expose people or
structures to potential substantial adverse effects, including
the risk of loss, injury, or death involving:
a) Rupture of a known earthquake fault, as delineated on the
X
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
b) Strong seismic ground shaking?
X
c) Seismic-related ground failure, including liquefaction?
X
d) Landslides?
X
e) Result in substantial soil erosion or the loss of topsoil?
X
f) Be located on a geologic unit or soil that is unstable, or that
X
would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
DECEMBER, 2007 13
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
ssues (and Supporting Information Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Inco orated
Less Than
Significant
Impact
o
Impact
g) Be located on expansive soil, as defined in Table 18-1-B of
X
the Uniform Building Code (1994), creating substantial
risks to life or property?
h) Have soils incapable of adequately supporting the use of
X
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
A review of the Town's hazards maps' indicates that the project site has moderate shrink-swell potential,
low potential for liquefaction, high potential for fault rupture, and moderate potential for seismic shaking.
No debris flow hazards were identified for the site. The Town's Fault Map indicates that the site is
located in an area of "concentration of coseismic ground deformation" and lineation indicative of faulting
(linear depression) is mapped as traversing the site.3
The Town's hazards maps also indicate the site has a slight to moderate erosion hazard. The proposed
grading plan indicates approximately 64 cubic yards would be graded (average depth of seven inches) to
achieve a two percent slope across the proposed plaza. Town Conditions of Approval will include
preparation and implementation of interim and final erosion control plans, which will reduce potential
erosion hazards to less than significant.
At a minimum, the proposed retail commercial buildings would be expected to be subject to strong
ground shaking during their design life. However, it should be noted that most of the Bay Area as well as
surrounding residences are subject to ground shaking hazards. As a standard project condition, the Town
will require preparation of a soil engineering report; this report will address any soil engineering
constraints and specify criteria and standards in accordance with the Uniform Building Code (UBC) for
site grading, drainage, pavement design, retaining wall design, erosion control, and foundation design.
Assuming all recommendations of this required report are incorporated into the project design, no
significant impacts from soil engineering constraints would be anticipated. By implementing applicable
UBC requirements and sound engineering practices, the Los Gatos General Plan EIR determined that
proposed development would be at no higher risk of potentially significant impacts due to seismically-
induced ground failure from seismic shaking than any other similarly situated area. However, due to the
identified high potential for fault rupture, the following measure will be required to reduce potential
ground rupture and related seismic impacts to a less-than-significant level:
6. A geotechnieal investigation shall be conducted for this project to determine the surface and
subsurface soil conditions at the site, as well as to determine the potential for surface fault rupture on
the site, particularly with respect to proposed building locations. The geotechnieal study shall
provide recommendations for site grading as well as the design of foundations, retaining walls,
concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement
sections. The project shall incorporate all recommendations of the investigation into project plans.
VII. Hazards and Hazardous Materials - Would the
project:
a) Create a significant hazard to the public or the environment
X
through the routine transport, use, or disposal of hazardous
materials?
DECEMBER, 2007 14
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Inco orated
Impact
Impact
b) Create a significant hazard to the public or the environment
X
through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into
the environment?
c) Emit hazardous emissions or handle hazardous or acutely
X
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of
X
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan or,
X
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
result in a safety hazard for people residing or working in
the project area?
f) For a project within the vicinity of a private airstrip, would
X
the project result in a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically interfere with an
X
adopted emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of loss,
X
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
The project site is currently developed with a historic structure, parking lot, and landscaping. Historic
records indicate the building was constructed in 1891. From 1891 to 1920, the building was a residence;
in 1920, it was converted to a mortuary and used for this purpose until 1974. The building received its
historic landmark designation in 1975 and has been used since that time for commercial activities,
including its current use as a restaurant.
The former mortuary use could be a potential environmental concern due to any accidental release of the
chemicals used for mortuary procedures. Since these chemicals were not used on the property after
conversion of the building for other commercial purposes in 1975, and there were no reported incidences
of chemicals being encountered during construction of subsequent modifications on the site, the potential
presence of these chemicals on the site would not appear to be a significant environmental concern at this
time.'
The second story of the historic mansion would be remodeled to accommodate proposed commercial
office uses. If the structure contains asbestos or lead-containing paint, renovation could result in airborne
release of hazardous building materials, such as asbestos fibers or lead dust. Proposed renovation will be
required to comply with state and federal regulations for inspection and removal of hazardous building
materials, including asbestos-containing materials and lead-containing substances. If found to be present
DECEMBER, 2007 15
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
in building materials to be removed, asbestos and/or lead abatement practices such as containment and
removal would be required prior to renovation. In addition, the project applicant will be required to
obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to
issuance of a demolition permit. Therefore, with implementation of existing regulations, the potential for
public health hazards associated with the release of airborne asbestos fibers at the project site would be
less than significant. In addition to implementing asbestos abatement requirements, the project sponsor
will be required to implement the following additional measure to mitigate other public health risks
associated with lead-based paints to a less-than-significant level:
7. A state certified lead-based paint professional shall be retained to perform a lead-based paint survey
of the existing structure and the recommendations of the professional shall be followed for abatement
of any identified lead-based paint prior to renovation of the structure.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
VIII. Hydrology and Water Quality - Would the project:
a) Violate any water quality standards or waste discharge
X
requirements?
b) Substantially deplete groundwater supplies or interfere
X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site
X
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site
X
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner, which would result in
flooding on- or off-site?
e) Create or contribute runoff water which would exceed the
X
capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water quality?
X
g) Place housing within a 100-year flood hazard area as
X
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures, which
X
would impede or redirect flood flows?
DECEMBER, 2007 16
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Potentially
Significant
Potentially
Impact Unless
Less Than
issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
i) Expose people or structures to a significant risk of loss,
X
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
X
Storm Drainage. Presently, the 0.59-acre (25,476 square feet) project site is developed with commercial
uses and a parking lot. Existing facilities and paving on the North Santa Cruz Avenue parcel cover 11,763
square feet, approximately 83% of the site. The project site is a level parcel with storm runoff draining
from the property as sheet flows to North Santa Cruz Avenue and the alleyway behind the building.
Runoff flows on North Santa Cruz Avenue enter the municipal storm drain system through catch basins
along the street, and are collected and conveyed by the street's storm drain. Overland flows in the
alleyway drain toward Nicholson Avenue and enter the municipal storm drain system north of the project
site. Storm water runoff from the project site's impervious surfaces flows into the Town of Los Gatos
storm drain system, discharging into Los Gatos Creek, and ultimately draining northward into San
Francisco Bay.
The project plans indicate that the proposed development would increase impervious surfaces from
existing levels to 13,286 square feet, resulting in total coverage of approximately 93 percent of the site.
Based on the design plans, the proposed project would increase impervious coverage by approximately 10
percent. However, it should be noted that the project site's Wilder parcel is extensively paved for parking
lot use with minor landscape areas along the perimeter of the parcel. These existing impervious surfaces
would be removed as part of the residential development proposed for this site and partially replaced with
the impervious surfaces of the residential structure. The removal of impervious parking lot surfaces for
future front, side, and rear yard landscaped areas would partially offset the new impervious surface area
associated with the proposed commercial structures on the North Santa Cruz Avenue parcel
Consequently, the project design would result in a negligible change in the amount of impervious surfaces
on the project site overall.
Since existing downstream storm drain facilities adequately accommodate current storm runoff flows and
the proposed project would result in minimal increases in peak surface flows at the site, the proposed
project would not affect the existing storm drainage system capacities and would have no significant
adverse impacts on runoff flows from the project site.
Flood Hazards. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate
Maps for the project area, the project site is not within the 100-year floodplain. The Santa Clara Valley
Water District's Maps of flood control facilities and limits of one percent flooding as well as the Town of
Los Gatos Safety Element Flood Plain maps show the project site does not lie within a flood zone.
Therefore, no significant flood hazard impacts would be anticipated.
Water Quality. More stringent water quality regulations of the Clean Water Act have recently been
triggered because the NPDES (National Pollution Discharge Elimination System) permit program has
failed to protect beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as
evidenced by such observations as violations of ambient water quality criteria, high concentrations of
toxic substances, and fish consumption health advisories. These new regulations require that all
discharges shall comply with Provision C.3, New and Redevelopment Performance Standards of Order
No. 01-024 of the NPDES permit program.
DECEMBER, 2007 17
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
The project site is located within the Los Gatos Creek watershed. Runoff from the site would discharge to
the Town's storm drains in Santa Cruz Avenue, flowing into Los Gatos Creek and eventually into the
Bay. Los Gatos Creek is on the Clean Water Act Section 303(d) List of Water Quality Limited Segments
due to the presence of diazinon, a pesticide, and its primary source is identified as urban runoff and storm
drains. Best Management Practices (BMPs) outlined by the Santa Clara Valley Urban Runoff Pollution
Prevention Program (SCV URPPP) for treatment control of pesticides include bioretention, infiltration,
and media filter with adsorption/absorption as the removal process.
As a condition of project approval, the Town will require: (1) preparation and submittal of interim and
final erosion control plans to the Engineering Division of the Parks and Public Works Department; and
(2) implementation of non-point source pollution prevention measures to reduce pollutant levels in the
water that will eventually discharge to Los Gatos Creek. Since the project would create or replace less
than 10,000 square feet of impervious surface area, the Town has determined that the proposed project is
not subject to the provisions of C.3. However, the Town will require surface runoff to be directed into
landscaped areas and splash blocks to be installed on downspouts. These requirements are consistent with
current non-point source requirements and erosion control portions of the NPDES permit program.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
IX. Land Use and Planning - Would the project:
a) Physically divide an established community?
X
b) Conflict with any applicable land use plan, policy, or
X
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
c) Conflict with any applicable habitat conservation plan or
X
natural community conservation plan?
The project site is currently developed with a historic structure, paved parking lot, and landscaping. The
North Santa Cruz parcel is currently designated by the General Plan as "CBD - Central Business District"
while the Wilder parcel is designated "Medium Density Residential, 5 to 12 dwelling units per acre." The
CBD General Plan designation encourages "a mixture of community-oriented commercial goods, services
and lodging, that is unique in its accommodation of small town style merchants and the maintenance of a
small town feel and character" This designation also calls for maintaining and expanding landscaped
open spaces and mature tree growth without increasing setbacks, and integrating new construction with
existing structures of historical or architectural significance and emphasizes the importance of the
pedestrian. The Medium Density Residential General Plan designation provides for multiple-family
residential, duplex, and/or small single-family homes. The proposed development of retail commercial
and office space on the North Santa Cruz parcel and a single-family residence on the Wilder parcel would
appear to be consistent with these designations. However, the project proposal would modify lot lines so
that the parking spaces associated with the North Santa Cruz parcel would become part of this parcel,
requiring a General Plan amendment from "Medium Density Residential" to "Central Business District"
on the portion of the site where parking spaces would be located.
The North Santa Cruz parcel is zoned C-2:LHP, Central Business District Commercial Zone with
Landmark and Historic Preservation Overlay Zone. Permitted uses in the C-2 Zone include retail
DECEMBER, 2007 18
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
commercial, personal service business, and office activities. The Wilder parcel is zoned R-1D:LHP,
Single-Family Residential Zone, with Landmark and Historic Preservation Overlay Zone. Permitted uses
in the R-1 Zone include single-family dwellings, residential care facilities, small family day care homes.
Proposed retail commercial, office and residential uses would be consistent with uses allowed in these
zones. However, since the project proposal would modify lot lines so that the parking spaces associated
with the North Santa Cruz parcel would become part of this parcel, a zoning amendment from R-1D:LHP
to CBD is proposed on the portion of the site where parking spaces would be located.
Both project parcels have the LHP Overlay Zone. The purpose of this overlay zone is to protect structures
or areas with special historical, architectural, or aesthetic interest from being destroyed or impaired
despite the feasibility of preserving them. See discussion under Sections I and III, Aesthetics and Cultural
Resources for more discussion of the project's impact on the historic and aesthetic values of the historic
structure on the site, the Coggeshall Mansion.
The proposed project would introduce new retail commercial, office and residential uses on the project
site. The project vicinity is comprised of a mix of commercial and residential uses. There are retail and
service commercial uses adjacent to the North Santa Cruz parcel (to the north, south, and east) and
proposed development of retail commercial and office uses on this parcel would be consistent with the
existing mix of uses. There are residential uses adjacent to the Wilder Avenue parcel (to the north, south,
and west), and proposed residential development on this parcel would be consistent with surrounding
residential uses. Therefore, no land use compatibility problems would be expected.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
X. Mineral Resources - Would the project:
a) Result in the loss of availability of a known mineral
X
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important
X
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
The Los Gatos General Plan does not identify any regionally or locally-important mineral resources on
the project site or in its vicinity.
XI. Noise - Would the project result in:
a) Exposure of persons to or generation of noise levels in
X
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
X
groundborne vibration or groundborne noise levels?
c) A substantial permanent increase in ambient noise levels in
X
the project vicinity above levels existing without the
project?
d) A substantial temporary or periodic increase in ambient
X
noise levels in the project vicinity above levels existing
without the project?
DECEMBER, 2007 19
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
ssues (and Supporting Information Sources)
Potentially
Significant
Impact
Potentially
Significant
Impact Unless
Mitigation
Incorporated
Less Than
Significant
Impact
o
Impact
e) For a project located within an airport land use plan or,
X
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip, would
X
the project expose people residing or working in the project
area to excessive noise levels?
Construction Noise. The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours
of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This
ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. Project
construction would result in temporary short-term noise increases due to the operation of heavy
equipment. Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of
construction equipment, and slightly higher levels of about 94 to 97 dBA at 25 feet for certain types of
earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise
levels could be reduced to 80 to 85 dBA at 25 feet, depending on the type of equipment. With controls,
construction noise levels could be made to comply with the Town Noise Ordinance.
Residential uses are generally considered to be noise-sensitive uses or sensitive receptors. There are two
existing residences located adjacent to the Wilder parcel, and one of these residences is also located
adjacent to the western boundary of the North Santa Cruz parcel. Both of these residential properties
adjoin existing off-street parking spaces on the project site. Construction of the future residence could
occur as close as 25 feet from these two residences, while reconfiguration of the parking spaces adjacent
to the alleyway could occur as close as 50 feet from one of these residences. At 25 feet, the ordinance
noise limit (85 dBA at 25 feet) would result in maximum noise levels of 85 dBA, while at 50 feet,
maximum noise levels would be 79 dBA. Temporary disturbance (e.g., speech interference) can occur if
the noise level in the interior of a building exceeds 45 to 60 dBA.s To maintain such interior noise levels,
exterior noise levels at the closest residences (with windows closed) should not exceed 70 to 80 dBA and
this exterior noise level is used as a significance threshold or criterion. Maximum construction noise
levels could periodically exceed this threshold, particularly when heavy equipment associated with
construction of the future residence on the Wilder parcel is operating closer than 50 feet of these
residences. However, existing fencing along the boundaries adjoining these two residences would serve
as noise barriers and help reduce construction-related noise at these residences. Given the limited duration
of construction associated with one home, enforcement of time restrictions and noise level standards
contained in the Town Noise Ordinance would help to maintain construction noise levels at acceptable
levels and limit duration when speech interference effects could occur, reducing potential construction-
related noise impacts to less than significant.
Operational Noise. Adjacent residences are currently subject to noise from cars parking in the existing
parking lot on the Wilder parcel and existing parking spaces adjacent to the alleyway. Since the project
would reduce the number of parking spaces, noise from parking cars would decrease with the proposed
project. Although the project would add seven parking spaces adjacent to the alleyway, parking-related
noise already occurs in this vicinity since there are already six existing parking spaces in the same area.
Therefore, proposed reconfiguration of parking spaces on the western portion of the project site would not
significantly increase operational noise. The proposed reduction in the size of the existing restaurant use
DECEMBER, 2007 20
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
would also reduce the number of cars parking and traveling along the alleyway during the more noise-
sensitive late evening hours. The proposed retail and office uses are not expected to generate traffic
during the late evening hours.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Im
Mitigation
Significant
No
pact
Incorporated
Impact
Impact
XII. Population and Housing - Would the project:
a) Induce substantial population growth in an area, either.
X
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
X
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the
X
construction of replacement housing elsewhere?
The proposed project would result in the construction of one single-family residence on the Wilder parcel,
and would not result in intensification of residential uses or significantly increase local or regional
population. No existing housing units would be displaced by the project.
The project would also construct two retail commercial buildings on the site and provide commercial
office space in the second story of the Coggeshall Mansion, which is currently occupied by a commercial
use. The project would not be considered growth inducing since the project would involve redevelopment
of an existing developed parcel and the project would not extend roads or infrastructure to any adjacent
properties. Adjacent parcels are already developed with retail commercial and residential uses.
XIII. Public Services -
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection?
X
Police protection?
X
Schools?
X
Parks?
X
Other public facilities?
X
Public safety services are already provided to the existing restaurant on the project site as well as to
adjacent commercial and residential uses. Increased demand for schools and recreational services by the
proposed single-family residence would be less than significant, while the proposed retail commercial and
office uses would generate no demand for school and recreational services in the community. No
significant increase in demand on public services would occur with the proposed project. Police
protection services are currently being provided to the existing restaurant on the site and surrounding
DECEMBER, 2007 21
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
retail commercial and residential uses. With the proposed project, these services would extend to the
proposed retail commercial buildings and single-family residence on the project site, which would be a
less-than-significant increase in demand for these services.
The Santa Clara County Fire Department has reviewed the proposed plan for site access and water supply,
and the project will be required to meet Department requirements for minimum fire flow, automatic fire
sprinklers, and premise identification.b The project will be required to install an automatic fire sprinkler
system. The proposed plan will be subject to formal plan review by the Santa Clara County Fire
Department to determine compliance with adopted model codes.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
XIV. Recreation -
a) Would the project increase the use of existing
X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational facilities or require
X
the construction or expansion of recreational facilities,
which might have an adverse physical effect on the
environment?
The proposed addition of one residential unit would incrementally add new population to the area, and
thereby increase the demand for recreational services. This incremental increase would not be expected
to be significant given the small size of the project.
XV. Transportation/Traffic - Would the project:
a) Cause an increase in traffic, which is substantial in relation
X
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of
X
service standard established by the county congestion
management agency for designated roads or highways?
c) Result in a change in air traffic patterns, including either an
X
increase in traffic levels or a change in location that results
in substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g.,
X
sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
X
f) Result in inadequate parking capacity?
X
g) Conflict with adopted policies, plans, or programs
X
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
DECEMBER, 2007 22
INITIAL STUDY 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Trip Generation. The Town's Traffic Impact Policy (Resolution 1991-174) requires preparation of a
detailed traffic study for any project with the potential to generate 20 or more additional AM or PM peak
hour trips. The existing restaurant on the project property currently generates traffic from the existing
198-seat restaurant (566 average daily trips, 6 AM peak hour trips, and 55 PM peak hour trips). Since the
project sponsor proposes to reduce the size of the restaurant (135 seats) while adding 1,600 square feet of
retail space and 1,262 square feet of office space, the project would result in a net reduction in traffic
generated at the project site on a daily basis and during the PM peak hour (471 average daily trips, 8 AM
peak hour trips, and 44 PM peak hour trips). Therefore, the proposed project would have no impact on the
existing traffic load and capacity of the street system nor would it contribute to cumulative impacts on
existing intersection or roadways level of service operation in the project vicinity.
Parking. At present, there are 22 parking spaces on the project site (16 spaces are in the parking lot
adjacent to Wilder Avenue, while six spaces are adjacent to the alleyway) and 44 parking spaces in the
Parking Assessment District (PAD), or a total of 66 parking spaces. The project proposal would
reconfigure the two project parcels so that the six existing on-site parking spaces adjacent to the alleyway
would be located on the same North Santa Cruz parcel and seven more on-site spaces would be added on
both sides of the alleyway, for a total of 13 on-site parking spaces on the North Santa Cruz parcel. The
proposed project would result in a net reduction of nine on-site parking spaces. With the 44 PAD spaces,
the project would have a total of 57 parking spaces. Along with the project's trip generation, its parking
demand would also decrease. The Town will require provision of 57 spaces (45 spaces for the 135-seat
restaurant; six spaces for the retail space; and six spaces of the office space)' and the project would meet
this parking requirement.
On the Wilder parcel, the proposed plan indicates that a two-car garage for the future residence and two
guest spaces (located east of the garage) would be located adjacent to the alleyway. The Town's Zoning
Ordinance would require provision of two parking spaces for the future home and the project would meet
this requirement.
Safety Hazards. The project would eliminate the parking lot driveway on Wilder Avenue, reducing the
potential for traffic conflicts at this driveway. The project, however, would add 11 parking spaces (four
residential spaces and seven commercial spaces) directly adjacent to the existing alleyway, and vehicles
would back out of these spaces directly into the alleyway. These spaces are perpendicular to the alleyway
and could increase delays for vehicles using the alley as a result of an increased number of parking
maneuvers along this section of the alleyway. Given the narrow width of this alley and presence of similar
parking spaces along this alleyway, travel speeds are low and therefore, potential increases in safety
hazards posed by the proposed parking space configuration would be less than significant.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
impact
XVI. Utilities and Service Systems- Would the project:
a) Exceed wastewater treatment requirements of the
X
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
X
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
DECEMBER, 2007 23
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
c) Require or result in the construction of new storm water
X
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d) Have sufficient water supplies available to serve the
X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
X
provider, which serves or may serve the project that it has
adequate capacity to serve the projects projected demand in
addition to the providers existing commitments?
f) Be served by a landfill with sufficient permitted capacity to
X
accommodate the projects solid waste disposal needs?
g) Comply with federal, state, and local statutes and
X
regulations related to solid waste?
Utilities are currently provided to the project site and adjoining commercial and residential uses. The
proposed retail commercial buildings and single-family residence would be required to connect to the
existing water and sewer lines in North Santa Cruz Avenue or Wilder Avenue, both located adjacent to
the site. No major off-site utility improvements would be expected to be required for development of the
project's commercial and residential buildings. Project development would also include construction of
storm drainage facilities (see Section VIII, Hydrology and Water Quality). The Fire Department will
require provision of an approved, automatic fire sprinkler system in the proposed building." Other utilities
(electrical, gas, telephone, cable TV facilities) will be upgraded as necessary.
XVII. Mandatory Findings of Significance -
a) Does the project have the potential to degrade the quality
X
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
X
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects)?
c) Does the project have environmental effects which will
X
cause substantial adverse effects on human beings, either
directly or indirectly?
DECEMBER, 2007 24
INITIAL STUDY - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
LIST OF SUPPORTING INFORMATION SOURCES
(Indicated as endnotes under specific issues of Initial Study)
'Bay Area Air Quality Management District, 1999. BAAQMD CEQA Guidelines. December.
z Nolan Associates, 1999. Draft Erosion Potential Map, Shrink-Swell Potential of Soils, Slope Stability
Hazard Map, Debris Flow Hazard Map, Liquefaction Hazard Zones Map, Seismic Shaking Hazards
Map, Geologic Map, Fault Rupture Hazard Zones Map for the Town of Los Gatos General Plan
Update. January 17.
3 Nolan Associates, 1999. Draft Fault, Lineament & Coseismic Deformation Map for the Town of Los
Gatos General Plan Update. January 17.
4 Town of Los Gatos Development Application Supplement, Hazardous Wastes and Substances Statement
for 115 North Santa Cruz Avenue, Los Gatos, October 4, 2006.
5 In indoor noise environments, the highest noise level that permits relaxed conversation with 100%
intelligibility throughout the room is 45 dBA. Speech interference is considered to become
intolerable when normal conversation is precluded at 3 feet, which occurs when background noise
levels exceed 60 dBA (U.S. Environmental Protection Agency, Information on Levels of
Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of
Safety [Condensed Version], 1974).
6 Santa Clara County Fire Department, 2007. Development Review Comments. January 25 and
September 4.
' Section 29.10.150 (f) (3) and (5) of the Town Code requires that the number of off-street spaces required
for properties in parking districts shall be calculated using an assessment formula based on a number
of factors, including floor area, use, credits for existing on-site parking spaces, and participation in
past assessment districts. Any parking spaces that are credited in the parking assessment district
calculation may not be eliminated.
s Santa Clara County Fire Department, 2006. Development Review Comments. July 25.
DECEMBER, 2007 25
ATTACHMENT 1
ARCHITECTURAL EVALUATION
FOR
CHART HOUSE/
115 NORTH SANTA CRUZ AVENUE
RETAIL ADDITIONS
LOS GATOS, CALIFORNIA
APRIL 20, 2007
AND
SEPTEMBER 24, 2007
BY
CANNON DESIGN GROUP
ARCHITECTURE
PLANNINC URBAN DESIGN
RECEIVED
April 20, 2007
Ms. Sandy Baily
MAY - 3 2007
Community Development Department
Town of Los Gatos
TOWN OF LOS GATOS
110 E. Main Street
PLANNING DIVISION
P.O. Box 949
Los Gatos, CA 95031
RE: Chart House
Dear Sandy:
I reviewed the revised drawings, and read the Historic Preservation Committee's letter to the architect and the architect's
response to staff. My comments and recommendations are as follows:
Neighborhood Context and Issues
The existing building is set well back from the front property line, creating a garden setting for the historic structure. The
northern portion of the Coggeshall Mansion, constructed in 1891, is clearly the older, original portion of the structure,
and the most important as a contributor to the Santa Cruz Avenue streetscape.
TEL: 415.331.3795 FAX: 415.331.3797 EMAIL: cdgplan@pacbQII.net
180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
View south along sidewalk
View to entry and original portion of the
house
Currently Proposed Site Plan
Chart House
Design Review Comments
April 20, 2007 Page 2
The primary issues seem to be as follows:
1. To what degree will the infill of a significant portion of the garden in front of the Mansion compromise the his-
toric setting and quality of the existing structure?
2. Will the added structures improve or detract from the urban design quality of Downtown Los Gatos?
3. Is the amount of proposed new construction in the front garden area appropriate for the site?
All of these are value judgements. I am unable to make a firm recommendation, but can pose a range of options that
may assist staff, the Historic Preservation Committee and the Planning Commission in selecting the most comfortable
solution for the context of Downtown.
Options
The following four options are arranged from the least to the most impact on the current site conditions.
Option 1. No Project
The trees and landscaping add variety to the otherwise continuous commercial storefronts and create a minipark within
the downtown. Downtown Pleasanton has a similar condition of a restaurant in a historic structure set back from the
street with a landscaped garden area between the structure and the sidewalk. The front setback is used for outdoor din-
ing which has added its own liveliness to the streetscape.
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219 . SAUSALITO. C4 94965
Lnart House
Design Review Comments
Aprit 20,-2007 Page 3
Option 2. Limit the Addition to One Structure
Eliminate the smaller structure to the north. The extent of new construction seems substantially more than I looked
at during my earlier studies last October. This approach would partially retain the current garden feeling, and would
maintain good visual exposure for the original historic portion of the house. Some improvements to the front garden
to make it more accessible and usable should be considered. This option would allow additional retail at the street front
while minimizing negative impacts on the portion of the existing structure that contributes most to the visual quality of
the streetscape.
OPTION 2
CANNON DESIGN GROUP 180 HARBOR DRIVE . x-2'#'3. SAUSALITO. CA 94965
Remove second building
and enhance garden
Chart Mouse
Design Review Comments
April 20, 2007 Page 4
Option 3. Reduce the Size of the Structure to the North
Reducing the northern structure and treating it more as a retail kiosk woyld reduce its impact on the existing structure
and maintain a sense of the garden setting. Some increase in the size of the southern structure might be considered to
compensate for some of this floor area reduction.
OPTION 3 SITE PLAN
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
Increase size of Decrease size of smaller
larger structure structure and treat as kiosk
Increase in depth to the Reduce mass and treat as object
west better than increase in the garden rather than a building
in length to the north
unarc -.-e
Design Review Comments
April 20, 2007 Page 5
Eliminate roof top element
Stucco wall is inconsistent with the
architectural style and the element
conflicts with the Queen Anne turret
;Reduced
scale
Roof at property line
seems very awkward
Better to use same slope at
other roof planes
OPTION 3 ALTERNATIVE ELEVATION
Increase size of
larger structure
Better if additional area
is at back of structure
Kiosk
------H
H H
i D
H
H H
H H
H H
H H
H H
H H
i H
Decrease size of smaller
structure and treat as kiosk
Reduce mass and treat as object
in the garden rather than a building
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
CURRENTLY PROPOSED ELEVATION
mart house
Design Review Comments
April 20, 2007 Page 6
Option 4. Modify the Design of the Smaller Structure
The two rather different forms of the two structures seems uncomfortable to me. I believe that redesigning the norther-
ly structure to reflect the curved form of the southerly building would be better. It would create a more classic symmetry
and, by eliminating the south facing gable, would reduce the obstruction to views of the Queen Anne turret.
Treat smaller building
with rounded end to
create more of a classical
symmetrical entry
OPTION 4
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
l IlUrl rzuu~c
Design Review Comments
April 20, 2007 Page 7
Eliminate roof top element
Stucco wall Is inconsistent with the
architectural styie.and the element
conflicts with the Queen Anne turret
With regard to the design of the structures themselves, I would definitely recommend eliminating the roof top element.
The use of stucco on the roof is inconsistent with the architectural style, and the roof elements seem to compete with
the Queen Anne turret of the existing structure without adding anything substantial to the project.
And, I am conflicted about the use of stucco on the walls of the buildings. It would seem that metal, metal and glass, or
metal and opaque glass would be better than using stucco since the structures are treated similar to conservatories which
would typically limit stucco, brick, or stone to wainscot bases.
The proposed project is unique and does not easily fit within the framework of the adopted Commercial Design
Guidelines. Because of the uniqueness of the historic building and its substantial setback from the street, the site and
any development intensification should be judged on the extent to which the proposal would relate to, and reinforce, the
character and quality of the Coggeshall Mansion, and the extent to which is would retain the existing park-like setting
along the street.
Sandy, lease let me know if you have any questions, or if there are specific issues of concern that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry Cannon AICP
President
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
CURRENTLY PROPOSED ELEVATION
OPTION 4 ALTERNATIVE ELEVATION
ARCHITECTURE PLANNING URBAN DESIGN
RECEIVED
September 24, 2007, 2007
SEP 2-5 2007
Ms. Sandy Baily
Community Development Department TOWN OF LOS GATOS
Town of Los Gatos PLANNING DIVISION
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95031
RE: 115 North Santa Crus Avenue Retail Addions
Dear Sandy:
I reviewed the revised drawings. The design is much improved since I first reviewed it. There are, however, two lingering
concerns as follows:
1. The roof form is very awkward at the south property line with the odd angle to the end - partly a result of trying to
achieve the maximum building square footage at an angled property line. In some cases that might be acceptable, but I
do believe that the historic quality of the existing structure on this site deserves a more classic and complete design solu-
tion. It would be better to relate the roof form more directly to the north end of this structure. Some adjustment would
be needed for the location and/or form of building element on the west side of the structure.
This roof condition and
gable entry close to end _ I
of the building is awkward
P'ROPOSED`FRONT ELEVATION
Symmetrical roof form and
holding entry gable away
from the building end would
be more desirable
to the existing building than stucco walls
Stone or stucco base OK
RECOMMENDED FRONT ELEVATION
TEL: 415.331.3795 FAX: 415.331.3797 EMAIL: cdgplan@pacbell.net
180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
115 North Santa Cruz Avenue Retail Additions
Design Review Comments
September 24, 2007 Page 2
2. Related to the above comment, the placement of the entry gable so close to the south end of the building seems
awkward and out of character with this type of structure. Moving the entry to the north, as shown in the Recommenda-
tions diagram, would be desirable.
3. I am still very concerned about the use of stucco for the wall materials. Strong consideration should be given to the
use of a wood frame and panel system for the walls, relating them strongly to the window system and the wood of the
existing building on the site. Relating to the historic quality building seems more appropriate to me than relating to the
adjacent stucco buildings.
Sandy, please let me know if you have any questions or need any other issues addressed.
Sincerely,
CANNON DESIGN GROUP
)
Larry Cannon AICP
President
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO . CA 94965
ATTACHMENT 2
A TREE INVENTORY AND REVIEW
OF THE
PROPOSED DEVELOPMENT AT
115 N. SANTA CRUZ AVENUE
LOS GATOS, CALIFORNIA
SEPTEMBER 21, 2007
BY
ARBOR RESOURCES
4 .ARBOR RESOURCES
Professional Arboricultural Consulting & Tree Care
A TREE INVENTORY AND REVIEW OF THE
PROPOSED DEVELOPMENT AT
115 N. SANTA CRUZ AVENUE
LOS GATOS, CALIFORNIA
PROPERTY OWNER: Santa Cruz Wilder LLC
APPLICANT: John Lien
APN: 510-17-065 and 071
Submitted to:
Sandy L. Baily, AICP
Community Development Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95031
Prepared by:
David L. Babby, RCA
ASCA Registered Consulting Arborist #399
1-SA Certified Arborist WE-4001A
September 21, 2007
RECEIVE D
SEP 2 12007
PORN OF LOS GATOS
NING DIVISION
P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@comcast.net
Phone: 650.654.3351 0 Fax: 650.240.0777 4 Licensed Contractor #796763
David L. Babby, Registered Consulting Arborist September 21, 2007
TABLE OF CONTENTS
j SECTION TITLE PAGE
1.0 INTRODUCTION 1
,I
2.0 TREE COUNT AND COMPOSITION I
3.0 REVIEW OF PROJECT IMPACTS AND TREES 2
4.0 RECOMMENDATIONS 3
4.1 Design Guidelines 3
4.2 Protection Measures Before and During Construction 5
EXHIBITS
EDIT TITLE
A TREE INVENTORY TABLE
B SITE MAP
i
i
David L. Babby, Registered Consulting Arborist September 21, 2007
1.0 INTRODUCTION
I have been retained by the Town of Los Gatos Community Development Department to
review the potential tree impacts associated with the proposed construction of two retail
buildings and associated grading along the frontage of 115 N. Santa Cruz Avenue, Los
Gatos. This report presents my analysis and recommendations.
Trees inventoried for this report are defined as "Protected" and situated within the front
section of the property along N. Santa Cruz Avenue.
Documents reviewed for this report include the following: [1] Sheets 1, 1A and 4 (all dated
8/22/07) by John Lien Architect, and [2] a report by Barrie D. Coate and Associates, dated
7/24/07.
The trees' locations and assigned numbers are presented on a copy of Sheet 1 (Site Plan) in
Exhibit B. Note that I assume the locations of trees shown on the plans reviewed have
been surveyed and are accurate; if this is not the case, the locations of the large trees
should be surveyed and presented on future plans.
2.0 TREE COUNT AND COMPOSITION
There are 10 trees of five various species inventoried for this report; they include four
pittosporum (41 and 8-10), two holly oaks (#2 and 3), one coast live oak (#4), one date
palm (0), and two coast redwoods (#6 and 7). Specific data recorded for each tree is
presented within the Tree Inventory Table in Exhibit A.
1 Section 29.10.0960 of the Town Code defines a "Protected Tree" on private property as being regulated and
having a trunk diameter of four inches and greater measured at three feet above grade. Fruit- or nut-bearing
trees with trunks less than 18 inches in diameter are exempt (Section 29.10.0970).
115 N. Santa Cruz Avenue, Los Gatos Page I of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered ConsultingArborist September 21, 2007
Three of the inventoried trees, #2 thru 4, are located within the public right-of-way
between the curb and sidewalk (i.e. "street trees"). The plans identify four street trees;
however, the southernmost one does not exist and should be omitted from the plans.
There are five additional river birch (Betulus nigra) situated in a row along the northern
property boundary immediately north of the restaurant. They are all of Ordinance-size,
range in fair to good condition, and have trunk diameters ranging from 4 to 12 inches.
The plans identify an additional redwood at the rear of the building. It is a very large
redwood that appears in overall fair health and has a trunk diameter of 39.5 inches and a
canopy spread of 40 feet.
In the event the parking lot and rear alleyway along the west side of the property were to
be used for access and staging during construction, the following additional trees would be
at risk: three small redwoods, two large redwoods, one coast live oak on a neighboring site,
and one laurel.
3.0 REVIEW OF PROJECT IlVIPACTS AND TREES
Seven trees are indicated on the plans to be removed for development purposes; they
include #1, 3, 5, 6 and 8-10. Based on their current condition and/or species, their loss
seemingly conforms to Section 29.10.0990 of the Town Code. For reasons specified
below, replacement trees would be necessary to mitigate the loss of trees #3 and 5.
■ Trees #1 and 8-10 are pittosporum in a state of poor and declining condition, a
situation that is expected to lead to their demise in the near future. As such,
these trees can be regarded as hazardous and mitigation would not be necessary.
■ Tree #3 is a holly oak located along the street and appears in only fair overall
condition due to a sparse canopy and significant damage to its lower trunk.
■ Tree #5 is a Canary Island date palm in overall good condition but requires high
maintenance to avoid its frond and fruit falling onto people below.
115 N. Santa Cruz Avenue, Los Gatos Page 2 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
• Tree #6 is a redwood that has an abnormal indentation at the base of the east
side of its trunk. Further exploration to determine the cause of the formation
resulted in removing river rock surrounding the trunk. In doing so, it exposed a
three-inch girdling root and the absence of a buttress root at the trunk's east
side, both situations predisposing the tree to fall over and/or prematurely decline
and die. As such, it is my opinion that the tree can be regarded as hazardous
and should be removed regardless of the proposed development. Mr. Coate also
recommends the tree's removal irrespective of planned construction.
4.0 RECOMMENDATIONS
The recommendations presented within this section are based on plans reviewed and serve
as guidelines to mitigate tree-related impacts. Please note that they are subject to revision
upon reviewing any additional or revised plans.
4.1 Design Guidelines
1. The plans should reflect the accurate trunk locations, trunk diameters, and canopy
dimensions of each tree. I also suggest the ground elevations of two sides of tree 47's
trunk is surveyed and shown on Sheet 4.
2. The section of new brick, including base material, being installed beneath tree 47's
canopy must be fully pervious
3. The section of walkway and curb within 12 feet from tree #7's trunk must require no
more than a six-inch vertical cut, including for base materials, edging and forms.
Preferably, these features should be established entirely on top of existing soil grade
with no soil cuts.
115 N. Santa Cruz Avenue, Los Gatos
Town of Los Gatos Community Development Department
Page 3 of 7
J
David L. Babby, Registered Consulting Arborist September 21, 2007
4. The subgrade within 10 feet from tree #7's trunk must not be directly compacted.
Additionally, compaction of subbase materials must not exceed 85-percent density.I
also recommend that
5. Any new underground utilities and services should be established outside from beneath
the trees' canopies. I should be consulted in the event this is not feasible.
6. Approved excavation for the building footings must not require more than a 12-
(preferred) to 18-inch overcut where beneath tree #7's canopy.
7. The permanent and temporary drainage design, including downspouts, should not
require water being discharged beneath the canopies.
8. Per Section 29.10.1000(C.1) of the Ordinance, a copy of this report (or a revised
version) must be incorporated into the final set of project plans, titled Sheet(s) T-l, T-
2, etc. (Tree Protection Instructions), and referenced on all site-related plans (e.g.
Sheets 1 and 4, as well as any landscape plans).
9. Section 29.10.095 of the Ordinance should be used as the framework for mitigating the
removal of trees. For replacement trees, their amount, species and size shall be
determined by the Parks and Public Works Department, and planted prior to final
inspection. They must be double-staked with rubber tree ties and all forms of irrigation
shall be of an automatic drip or soaker hose system placed on the soil surface and not
in a sleeve.
10. The proposed landscape design should conform to the following guidelines:
a. New plants should only be installed at least three feet from the base of the redwood
trunks.
b. Irrigation for new plant material should be of a drip-type system and not applied
within one-foot from the trees' trunks.
c. Trenching for irrigation or lighting should be avoided beneath the canopies. If
necessary, they should be routed in a radial direction to the trunks.
115 N. Santa Cruz Avenue, Los Gatos Page 4 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
d. Stones, mulch and fencing should not be placed against the trunks of existing or
new trees. Plastic ground cover should also be avoided beneath canopies.
e. Tilling beneath canopies should be avoided, including for weed control.
E Bender board or other edging material proposed beneath the canopies should be
established on top of existing soil grade (such as by using vertical stakes).
4.2 Protection Measures before and during Construction
11. Due to the close proximity of activities among trees, an ISA (International Society of
Arboriculture) certified arborist and/or a member of ASCA (American Society of
Consulting Arborists) - to be named the "project arborist" - should be retained by the
applicant or owner to assist in implementing and achieving compliance with all tree
protection measures.
12. Prior to any demolition or site clearing work, a pre-construction meeting should be
held on-site with the project arborist and contractor to discuss work procedures,
protection fencing locations and types, limits of grading, staging areas, routes of
access, supplemental watering, mulching, locations for equipment washing pits, and
any other applicable tree protection measures. The limits of grading should be staked
prior to the meeting.
13. Tree protective fencing shall be installed prior to any demolition, construction,
trenching or surface scraping, and its precise location must be determined and its
placement approved by the project arborist. The material used shall be in accordance
with Section 29.10.1005 of the Ordinance and approved by the project arborist.
14. Unless otherwise approved, all development activities must be conducted outside the
designated protected areas and off unpaved areas beneath the canopies of Ordinance-
size trees inventoried and not inventoried for this report. These activities include, but
are not limited to, the following: demolition, grading, stripping of topsoil, trenching,
equipment cleaning, stockpiling/dumping of materials, and equipmentivehicle
operation and parking.
115 N. Santa Cruz Avenue, Los Gatos Page S of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
15. Prior to commencing work, I recommend a six-inch layer of coarse wood chips ('/a- to
3/a- inch in size) is manually spread on unpaved soil beneath tree O's canopy,
excluding where within 12 inches from the building footprint (the wood chips should
not be piled or placed against the trunk). The wood chips should remain throughout
j construction (and possibly beyond), and must not be placed against the trees' trunks.
These wood chips can be obtained from tree service companies and/or by contacting
www.reuserinc.com. Plywood can be placed on top of the wood chips (but not against
the trunks) and tied together to create a sturdy walking surface.
16. Any approved activity required on unpaved areas beneath the trees' canopies must be
performed under the knowledge and direction of the project arborist. All work should
i
be manually performed using hand tools and wheelbarrows. In the event roots of two
inches and greater are encountered during the process, the project arborist shall be
consulted.
17. In the event any piers or post-holes are dug beneath the canopies, their locations should
be first reviewed with the project arborist. The first 2.5 to 3 feet below existing grade
should be dug using a post-hole digger. If roots >2 inches in diameter are encountered
during this process, the hole should be resituated to either side. If no root is found, the
remaining section of hole can be mechanically drilled using a manually-operated auger.
18. All existing, unused lines or pipes beneath the canopies of retained trees (and beyond
the proposed home) should be abandoned and cut off just below existing soil grade.
19. Each recommendation presented within Section 4.1 of this report and applicable to the
actual development of the site shall be followed.
20. Throughout development, supplemental water should be supplied to the retained trees;
the project arborist shall determine the specific trees, intervals, amounts and
application methods.
115 N. Santa Cruz Avenue, Los Gatos Page 6 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
21. All river rocks piled against and near tree #7's trunk should be immediately pulled
away by hand.
22. The pruning of trees shall be performed prior to construction, in accordance with ANSI
A300-2001 standards, and by a California state-licensed tree service company that has
an ISA (International Society of Arboriculture) Certified Arborist in a supervisory role.
23. All equipment shall be positioned to avoid the trunks and branches of trees. Where a
conflict arises, the project arborist must be contacted to help address the situation.
24. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited
beneath canopies or anywhere on site that allows drainage beneath canopies.
Herbicides should not be used beneath the trees' canopies; where used on site, they
should be labeled for safe use near trees.
Prepared By: 01;~
David L. Babby, RC
Date: September 21, 2007
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115 N. Santa Cruz Avenue, Los Gatos Page 7 of 7
Town of Los Gatos Community Development Department
i
David L. Babby, Registered ConsultingArborist September 21, 2007
EXHIBIT A:
TREE INVENTORY TABLE
115 N. Santa Cruz Avenue, Los Gatos
Town of Los Gatos Community Development Department
TREE INVENTORY TABLE
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TREE
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TREE NAME:
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Pittosponmz
1
(Pittosporum eugenioides)
4
25
25%
50%
Poor
Low
X
Comments: At least 50-percent of canopy is dead. Tree appears beyond recovery and continued decline is expected.
Holly Oak
2 (Quercus ilex) 16 35 75% 500% Fair Moderate 2 - X
Comments: Significant damage to overhead limbs due to vehicles.
Holly Oak
3 I (Quercusilex) I 15 35 I 500% 75% I Fair I Moderate I - I X ( I X
Comments: Significant damage to lower trunk. Canopy is sparse.
Coast Live Oak
4 (Quercus agr;folia } 1 6 75% 75% Good Low 2 - X
Comments: Tree is newly planted and has a low-growing structure that significantly encroaches. If pruned to alleviate
this conflict, most of the canopy would be removed. Tree is not suitable and should be removed.
I : 1- s
Canary Island Date Palm
(Phoenix canariensis) -22 25 100% 100% Good Moderate - X
. . Comments: Tree has approximately 35 feet of brown trunk feet. Trunk diameter is an estimate due to limited access.
L I Coast Redwood
b (Sequoia ia se ervirens) 15.5 20 100 /0 25 /o Poor Low X
I I ° I ° I I I - I I I
Comments: Rocks are piled against lower trunk. There is an indentation on the trunk's bottom east side, a defect
sym tomatic of a girdling root. The mot area should be examined for safety reasons.
Coast Redwood
7 (Sequoia sempervirens) 21.5 25 100% 100% Good High 1 -
Comments: Rocks are also piled against trunk
Pittosponmm
8 (Pittos orum eugenioides) 10 20 25% 50% Poor Low X
Comments: Tree is dying as most of the live foliage is absent.
Pittosporum
4 (Pittos arum eu enioides) 6.5 15 25% 50% Poor Low - X
Comments: Canopy is significantly sparse.
I 1 ( i nnn I I I I ° I I I - I I I
10 PittospDrum rum e u enzozdes) 10 30 50% 50% Fair Low X
Comments: Tree contains large deadwood.
Site; 115 N. Santa Cruz Avenue, Los Gatos
Prepared for. Town of Los Gatos Comm. Develop. Depart.
Prepared by. David L.-Babby, RCA
September 21, 2007
i
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David L. Babby, Registered Consulting Arborist September 21, 2007
EXHIBIT B:
SITE MAP
115 N. Santa Cruz Avenue, Los Gatos
Town of Los Gatos Community Development Department
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ATTACHMENT 3
SUMMARY OF MEETING MINUTES
FOR
LOS GATOS
HISTORIC PRESERVATION COMMITTEE
APRIL 5, 2007
110 TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408) 354-6872
SUMMARY MINUTES OF A REGULAR MEETING OF THE HISTORIC
PRESERVATION COMMITTEE OF THE TOWN OF LOS GATOS FOR APRIL 5, 2006,
HELD IN THE TOWN COUNCIL CHAMBERS, 110 E MAIN STREET, LOS GATOS,
CALIFORNIA.
The meeting was called to order at 5:30 P.M. by Chair Burch.
ATTENDANCE
Members Present: Kendra Burch, Bob Cowan, D. Michael Kane, and Len Pacheco
Members Absent: Steve Rice
Staff Present: Sandy Baily, Associate Planner
ITEM 1: 516 SAN BENITO AVENUE
The Committee considered a request to remove this pre-1941 single family residence from the
Town's Historic Resources Inventory. Burch moved to approve the request on the basis that the
structure has no historic significance. Pacheco seconded, motion passed unanimously. Appeal
rights were cited.
ITEM 2: 16925 ROBERTS ROAD
The Committee considered a request to remove this pre-1941 single family residence from the
Town's Historic Resources Inventory. Pacheco moved to approve the request on the basis that .
although the siding is historic, the architectural form of the structure is not distinctive and the
period trim and windows are gone. Kane seconded, motion passed unanimously. For the record,
the Committee stated that the structure is a classic bungalow in terms of shape and siding
material and staff should take this into consideration when reviewing any future additions.
ITEM 3. 262 LOS GATOS BLVD
The Committee considered a request to demolish a pre-1941 single family residence. Burch
moved to recommend approval of the demolition to the Development Review Committee based
on the structural documentation provided at a previous meeting which justified that the house is
in poor condition and has several additions which were poorly constructed. Kane seconded,
motion passed unanimously. The Committee stated that the replacement structure should be
sensitive to the neighborhood.
ITEM 4. 255 EDELEN AVENUE
The Committee considered a request for exterior modifications to a single family residence
located in the University/Edelen Historic District. Pacheco moved to approve the application as
modified at the meeting subject to the following conditions:
1. A dormer style element shall be constructed which extends from the main roof and is
supported by the internal roof structure. This element shall incorporate lattice material.
A drawing of this modification is attached to the approved plan.
2. The front porch shall be constructed entirely in wood and shall be of a style appropriate
to the architectural style of the house.
3. Siding material shall match existing.
Burch seconded. Motion passed unanimously. Appeal rights were cited.
ITEM 5. 100 CREFFIELD HEIGHTS
The Committee considered plans for a first and second story addition to a pre-1941 single family
residence. Pacheco moved to recommend approval of the application to the Director of
Community Development. Burch seconded, motion passed unanimously. The Committee found
that the additions to be removed were not historic and that the brick siding was irreparable and
could be removed. This work would not classify as a demolition.
ITEM 6. 44 PLEASANT STREET
The Committee considered plans to relocate and add onto a pre-1941 single family residence.
The applicant was commended for going through significant lengths to meet Committee
concerns. Burch moved to recommend approval of the application to the Development Review
Committee subject to the following conditions:
1. The eaves of the addition shall be extended six inches.
2. The windows in the addition shall be raised six inches.
3. A stone fascia shall be added on the new porch to match the existing stone on the front
porch.
4. The porch brackets shall be removed on the new porch.
Cowan seconded, motion passed unanimously.
ITEM 7. OTHER BUSINESS
a. 307 Pennsylvania Avenue - The Committee considered preliminary plans for an
addition to a pre-1941 single family residence. The Committee stated that the
work proposed was a vast improvement, but expressed concern that the addition
may take away from the historic structure. Existing trees were noted of being
important to retain. Requested applicant to consider extending the porch.
b. 115 N. Santa Cruz Avenue - The Committee considered a preliminary site plan
regarding additions and/or renovations to the historic Coggeshall mansion site.
The following comments were raised by the Committee:
• Don't touch the existing building.
• Recommend providing a model.
• Applicant is on the right track. The concept is attractive.
• Site currently feels foreboding. A development proposal should make the site
appealing to venture into.
• Providing buildings at the front and keeping the prominence of the main
building is positive.
• Retail on the street is important.
• Landscaping can create a mystery to attract people.
• Side buildings should not obscure the mansion.
• Consider transparent corner buildings.
• Any new building shall complement the mansion and site.
• Preserve major trees.
• Obtain a good landscape architect.
• Preserve wrought iron fence.
• Corner buildings should be different.
• Site should be inviting all day, not just an evening experience.
• Provide sections to show different levels.
• Look at relating entrances closer to the street.
C. Residential Design Guidelines - Pacheco will work on the books for the
bibliography.
ITEM 8. APPROVAL OF MINUTES
The minutes from the meeting of March 1, 2006 were passed unanimously.
ITEM 9. STATUS OF PREVIOUS APPLICATIONS
Bally informed the Committee on the status of previous applications.
ITEM 10: ADJOURNMENT
The meeting was adjourned at 8:00 P.M. to the next regularly meeting on May 3, 2006.
Prepared by:
Sandy L. Bally, Associate Planner
Approved by:
Kendra Burch, Chair
N:\DEV\IIPCminutes\2006\4-5-06.wpd
NOTICE
TOWN OF LOS GATOS
ENVIRONMENTAL IMPACT REVIEW RECEIVED
MITIGATED NEGATIVE DECLARATION DEC 2 2007
Lead Agency: Town of Los Gatos TOWN OF LOS GATOS
Community Development Department
110 East Main Street
Los Gatos, CA 95031
Project Title and
Location: 115 North Santa Cruz Avenue and 112 Wilder Avenue
Subdivision Application M-07-005, General Plan Amendment GP-07-01,
Zone Change Z-07-001, Conditional Use Permit U-07-020,
Variance Application V-07-01, Negative Declaration ND-07-10
Project Description: The project site is comprised of two parcels totaling 25,476 square feet (s.f.) or 0.59
acre (North Santa Cruz Parcel: 14,230 s.f.; Wilder Parcel: 11,246 s.f.). The project applicant is requesting
approval of the following:
■ Lot Line Adjustment (Subdivision Application): Adjust the rear lot line of the North Santa Cruz
parcel to include a portion of the Wilder parcel so that parking spaces serving the existing and
proposed commercial uses on the North Santa Cruz parcel would be located on this same parcel. The
North Santa Cruz parcel would be enlarged to 18,101, s.f. (0.42 acre), while the Wilder parcel would
be reduced to 7,375 s.f. (0.17 acre).
■ General Plan Amendment and Zone Change: Amend the General Plan from Low Density Residential
to Central Business Distri ct and the Zoning Ordinance from R-1D:LHP to C-2:LHP for the portion of
the Wilder parcel that would become part of the North Santa Cruz parcel and used for parking.
■ Convert Existing Parking Lot to Residential Lot (Variance Application): Convert the existing parking
lot located on the Wilder parcel to a residential lot, currently designated in the General Plan as
Medium Density Residential and zoned C-2:LHP and R-1D:LHP. Such conversion would remove 13
on-site parking spaces used in the Parking Assessment District calculations.
■ Modify Use of Existing Coggeshall Mansion and Add Two Commercial Buildings (Conditional Use
Permit): Convert an existing fine dining restaurant into a smaller fine dining restaurant on the first
floor and office space on the second floor; add two detached commercial buildings in front (east) of
the existing structure on the North Santa Cruz parcel; and modify the exterior of the existing historic
structure.
On the North Santa Cruz parcel, these approvals would allow for addition of two, single-story, detached
commercial buildings along the North Santa Cruz Avenue property frontage. The proposed South
Building would be 1,176 square feet and located in the southeast corner of the North Santa Cruz parcel.
The proposed North Building would be 424 square feet and located on this parcel's northeast corner. In
addition to the two new buildings, the interior of the existing Coggeshall Mansion would be modified to
allow for reduction in the existing restaurant and conversion of the second floor to office space. There
would also be minor changes to the exterior of the mansion (e.g., add new canvas awning, replace
existing windows with French doors, and replace existing portico, deck and stairs with new dining deck
DECEMBER, 2007
MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
and stairs on the front of the mansion; replace existing window with exit door and stairs on the rear of the
building). The proposed Lot Line Adjustment would expand this parcel so that the existing six parking
spaces would be located on the same parcel and four more spaces would be added for a total of 10 parking
spaces. The existing trash enclosure would be relocated to the east to accommodate these three additional
spaces.
On the Wilder parcel, these approvals would allow removal of the existing parking lot, which currently
provides 16 parking spaces and the trash enclosure, and future development of a single-family residence.
The proposed plan indicates that a two-car garage for the residence and two guest spaces (located east of
the garage) would be located on the east end of this parcel, adjacent to the alleyway.
Determination: Although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because the mitigation measures listed below have been added
to the project, mitigating potential impacts to a less-than-significant level. An Environmental Impact
Report will not be required.
Statement of Reasons to Support Finding:
1. Aesthetics: The project would involve a lot line adjustment for two adjoining parcels fronting on
Wilder and North Santa Cruz avenues, with the development of a new residential structure and garage on
the Wilder Avenue parcel currently used for parking. The design plans for the new residence have not
been formulated; however, the proposed project specifies a future garage and two guest parking spaces to
be accessed from the alleyway separating the two parcels.
The project plans propose the construction of two new single-story, retail commercial buildings in the
front yard area of the Coggeshall Mansion property on North Santa Cruz Avenue. The planned
commercial structures would be located in the northeast and southeast corners of the North Santa Cruz
parcel, with a remaining open garden area separating the two structures and providing partial views and
access from North Santa Cruz Avenue to the restaurant use in the historic mansion. The South Building
would be 1,176 square feet in size and have a maximum height of 15.5 feet above grade, while the North
Building would be 424 square feet with a maximum height of 14 feet above grade. The proposed South
Building height would be approximately similar to that of the commercial building (Design & Interiors of
Los Gatos) adjoining the project site to the south along North Santa Cruz Avenue. The height of the North
Building would be lower than that of the US Bank building adjoining the site to the north.
In addition to the two new buildings, the interior of the existing Coggeshall Mansion would be modified
to allow for reduction in the existing restaurant use and conversion of the second floor to office space.
There would also be minor changes to the exterior of the mansion, e.g. the addition of new canvas
awnings, replacement of existing windows with French doors, new exterior stairs on the west and north
sides of the building, etc. An existing portico and deck used for dining would be replaced with a new
dining deck between the existing mansion building and the proposed South Building.
Views of the project site are primarily available from pedestrians and vehicles traveling along North
Santa Cruz Avenue and Wilder Avenue, east and west of the subject parcels, respectively. Both parcels
are visible from the alleyway separating the two subject parcels. The views from Wilder Avenue are of a
parking lot with a background view of the Coggeshall Mansion's rear fagade. Views of the Coggeshall
Mansion from North Santa Cruz Avenue constitute the principal visual resource of project site. The
mansion is designated as a historical resource (No. HD-75-6) in Los Gatos since it represents a classic
example of a Nineteenth Century Eastlake Victorian. It is the only remaining structure of many that once
lined the west side of North Santa Cruz Avenue.
DECEMBER, 2007 2
MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
In order to assess the potential effects of the proposed project on the visual character of the project site,
the Town required a peer review of the project design plans by the Town's contract architectural
consultant, Cannon Design Group (CDG). CDG reviewed the project plans and prepared a report (April
20, 2007) detailing potential concerns with the design submitted to the Town and providing design
options to address these issues. The peer review report did not address potential design issues for the
residential component of the project plans since no specific residential design plans have been submitted
to the Town. CDG made no firm recommendations for the modification of the project design, and noted
that the aesthetic effects of the project's proposed design on the site's character and the mansion's historic
setting were a matter of value judgments to be decided by Town staff, the Historical Preservation
Committee, and the Planning Commission. The CDG report is included as Attachment 1 of the Initial
Study.
Briefly, the CDG review presented four options that would reduce the impacts of the project design as
previously submitted to the Town. These include: 1) no project development; 2) limit additional
commercial development to one structure; 3) reduce the North Building size; and 4) modify the design of
the North Building. The project design was revised in response to the recommendations of the CDG peer
review and submitted to the Town for further review and approval. The revised design included minor
modification of the South Building, entailing the removal of a rooftop architectural element and a
reconfiguration in the alignment of the North Building. The North Building was planned in an east - west
orientation to permit more visibility of the Coggeshall Mansion from North Santa Cruz Avenue. CDG
reviewed the revised design (September 24, 2007; included in Attachment 1 of the Initial Study) and
concluded that while the design was much improved, there were still three concerns:
The roof form of the proposed South Building is very awkward at the south property boundary, with
the odd angle to the end, partly a result of trying to achieve the maximum building square footage at
an angled property line. In some cases that might be acceptable, but CDG indicates the historic
quality of the Coggeshall Mansion deserves a more classic and complete design solution. CDG
recommends that roof form relate more directly to the north end of this building, requiring some
adjustment for the location and/or form of building element on the west side of this structure.
■ Proposed location of the entry gable so close to the south end of the building seems awkward and out
of character for this type of structure. CDG recommends moving the entry northward, as indicated in
the Recommendations diagram (Attachment 1 of the Initial Study).
■ CDG is concerned with the use of stucco for wall materials and recommends that strong consideration
be given to the use of a wood frame and panel system for the walls, relating them strongly to the
window system and the wood of the existing Coggeshall Mansion on the site. CDG recommends that
the proposed building designs visually relate more to the historic mansion than to the adjacent stucco
buildings.
Views of the North Santa Cruz Avenue parcel and the Coggeshall Mansion would change from a full
view of the estate structure and front yard landscaping to a partially obstructed view of the building. The
proposed one-story South Building would block views of the mansion's single-story southern wing. The
smaller North Building would be located in the northeast corner of the project site and its location and
size would preserve views of the main entrance and two-story fayade of the mansion along the North
Santa Cruz Avenue frontage.
The protection of the historic structures' character and settings would be subject to the provisions of the
Town's Commercial Design Guidelines and the Town Code pertaining to LHP properties. Page 6 of these
guidelines, Designated Landmarks, indicates that Appendix C identifies Individual Historic Landmarks
within commercial areas that are subject to these design guidelines. Appendix C, page 83 of these
DECEMBER, 2007
MITIGATED NEGATIVE DECLARATION- 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
guidelines, lists HD-75-6, Coggeshall Mansion, 115 North Santa Cruz Avenue as one of the commercial
buildings or properties that are not located within one of the Town's historic districts that have been
designated as historical landmarks by the Town of Los Gatos.
These guidelines contain a clear statement of community expectations to assist property and business
owners in understanding the Town and commercial development features that assist in defining the
overall ambience and sense of place that contribute so strongly to the livability and economic vitality of
Los Gatos. The guidelines are intended to establish a balance that preserves and enhances the Town's
livability while supporting the economic vitality that provides the resources for community services and
the uses that make Los Gatos a complete community.
To assist the Town in its efforts to achieve a high level of design quality and preserve the historic design
characteristics important to the community, the Town Municipal Code provides for a Historic
Preservation Committee to advise the Planning Commission. The Historic Preservation Committee
reviewed a preliminary project design on April 5, 2006 to determine whether the conceptual project
design is consistent with the requirements of the Commercial Design Guidelines and goals of the Town
for historic landmarks. At that time (April 5, 2006), the Committee provided direction for the project
applicant to ensure that the proposed design complies with the goals and objectives for the preservation of
the historic landmark property. In general, the comments of the Committee supported the conceptual
project design.
During meetings on March 21 and September 19, 2007, the Historic Preservation Committee considered
plans for the proposed project and determined that development of two detached structures would be
acceptable for the project site and had the following three comments regarding the proposed structures:
■ The southern structure should be redesigned to be more subservient (regarding style, scale and mass),
to the mansion;
■ Consider a more transparent building; and
■ The context of the mansion shall be protected.
Additionally, the Committee determined that the proposed exterior staircase on the mansion would be
acceptable.
Consequently, introduction of two new commercial buildings on the grounds of the project site would be
considered to have a less-than-significant impact on the aesthetic character of the property. Further design
review required by the Town for this project would enforce the historic preservation objectives as
presented in the Town's Commercial Design Guidelines.
Views of the project site's Wilder Avenue parcel are available from existing single-family residences
located to the north, south, and west on Wilder Avenue. Current views of the existing parking lot would
change to views of a single-family residence similar to those presently surrounding the site. The
development of a two-story residence would obstruct existing views across the parking lot to the eastern
(back) facade of the Coggeshall Mansion. The replacement of existing parking lot and mansion views
with views of a proposed residential building would be a less-than-significant change in the surrounding
visual character. Visual compatibility of the proposed residence's design with surrounding development
will be specifically evaluated during the Architecture and Site review process.
2. Agriculture Resources: The project site is developed with an existing historical structure that would
be retained and remodeled for ongoing commercial use. Since the site is not in agricultural use and has no
DECEMBER, 2007 4
MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
agricultural potential due to its small size, location, and existing use, the project would not adversely
affect any existing agricultural resources or operations. Since the properties surrounding the project site
are developed with commercial and residential uses, the proposed project would not adversely affect other
agricultural properties or result in the conversion of farmland to non-agricultural use.
3. Air Quality: The project would be consistent with the Bay Area Air Quality Management District's
(BAAQMD) most recently adopted regional air quality plan, the Bay Area 2005 Ozone Strategy (BAGS).
The consistency of the proposed project with the BAOS is determined by comparing the project's
consistency with the Los Gatos General Plan. Since the BAOS is based on population projections of the
Association of Bay Area Governments (ABAG) that are based on the Town's General Plan in effect at the
time the BAOS was approved, consistency of the project with the General Plan would indicate consistency
with the BAOS. The proposed retail commercial, office, restaurant, and residential uses would be
consistent with the uses allowed on the project site by the Los Gatos General Plan, and therefore, the
project would be consistent with the BAOS.
The San Francisco Bay Area Air Basin is classified by the BAAQMD as non-attainment for ozone and
inhalable particulates (PM,o). According to the Town Engineering Division, the project would generate
471 average daily trips, 8 AM peak hour trips, and 44 PM peak hour trips, which would represent a net
reduction in traffic generated at the project site on a daily basis and during the PM peak. Air pollutant
emissions associated with the proposed project would likewise decrease and reduced traffic volumes
would be below the Bay Area Air Quality Management District's (BAAQMD) threshold levels for
potential significance. The BAAQMD threshold levels for potential significance are approximately 2,000
vehicle trips per day or approximately 44,000 square feet of retail commercial space. At or above this
size, traffic generated by a project could produce air quality problems, and an air quality impact
assessment would need to be prepared and submitted to the BAAQMD for review.
Adjacent residential uses are considered to be sensitive receptors. Proposed grading activities would
generate short-term emissions of criteria pollutants, including suspended and inhalable particulate matter
and equipment exhaust emissions. The project site is approximately 0.59 acre, and therefore, project
implementation would result in surface disturbance of less than one acre. The BAAQMD does not require
quantification of construction emissions, but considers any project's construction-related impacts to be
less than significant if required dust-control measures are implemented. The Town's standard dust control
conditions require implementation of the BAAQMD's standard dust control measures (required on sites
of three acres or less), which would mitigate the project's construction-related air quality impacts to a
less-than-significant level.
4. Biological Resources: The project site is a 0.59-acre property currently developed with a historical
structure, landscaped grounds, and a parking lot. The area where the proposed retail commercial buildings
would be located is currently developed with landscaping and paved walkways. Vegetation on the site
consists of landscape trees, shrubs, and groundcover in the front and side yards of the property, and along
the parking lot perimeter. The habitat value of site vegetation is limited to urban-adapted species.
Policy O.P.3.3 of the Open Space Element of the Los Gatos General Plan emphasizes preservation of
public and private landscaping along Town streets. The Los Gatos Tree Protection Ordinance states that
the preferred tree replacement is two or more trees of a species and size designated by the Director of the
Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is
defined in Table 3-1 of the Ordinance, Tree Canopy - Replacement Standard. Tree canopy replacement
requirements range from two to six 24-inch box size trees or two 36-inch and/or 48-inch box size trees,
depending on the canopy size of the tree to be removed.
DECEMBER, 2007 5
MITIGATED NEGATIVE DECLARATION- 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
The Town retained Arbor Resources (AR) to conduct a tree inventory and review project plans to
determine the project's compliance with the Town's Tree Protection Ordinance. This survey was
completed in September 2007, and a copy of this report is included as Attachment 2 of the Initial Study.
Arbor Resources' survey identified a total of 10 trees that could be affected by the proposed project,
including pittosporum (Pittosporum eugenioides), holly oak (Quercus ilex), coast live oak (Quercus
agrifolia), Canary Island date palm (Phoenix canariensis), and coast redwood (Sequoia sempervirens).
These trees are either on the project site or in the right-of-way adjoining the site and could be vulnerable
to potential damage during project development [Section 29.10.0995(B) of the Town's Municipal Code].
The 10 trees listed in the inventory are Protected Trees (trees with a trunk diameter of four inches or
greater) as defined in Section 29.10.0960 of the Town Code.
Of the 10 inventoried trees, seven trees (#1, 3, 5, 6, and 8 through 10) would need to be removed due to
the project design and implementation. Arbor Resources indicates that proposed removal of the seven
trees would be in accordance with Section 29.10.0990 (Standards of Review) of the Town's Municipal
Code. In accordance with the Tree Protection Ordinance, Arbor Resources recommends planting of
replacement trees to compensate for the loss of trees #3 and 5, a holly oak and date palm (both in fair to
good condition). The other five trees to be removed were determined to be hazardous and no mitigation
would be required. Pursuant to Section 29.10.0985 of the Town Code, the Parks and Public Works
Department will determine specific replanting requirements for replacement trees.
The arborist's study also identifies five river birch (Betulus nigra) trees situated in a row along the
northern property boundary immediately north of the restaurant. These trees are all Ordinance-size, range
in fair to good condition, and have trunk diameters ranging from 4 to 12 inches. A very large redwood
with a trunk diameter of 39.5 inches and a canopy spread of 40 feet is located at the rear of the restaurant
and appears to be in overall fair health.
The Wilder Avenue parcel contains three small redwoods, two large redwoods, one laurel (Umbellularia
californica), and one coast live oak on a neighboring site. While project plans avoid disturbance of these
trees, the use of the Wilder Avenue property for construction access and staging could place these trees at
risk.
The Town will require implementation of the following measures to reduce impacts on trees to be
retained and adequately replace trees to be removed:
MITIGATION: All recommendations made by Arbor Resources (September 21, 2007) shall be
implemented to eliminate or minimize the construction-related impacts on the trees to be retained.
Recommendations are listed under Section 4.0, Recommendations, of the arborist's report. These
include recommendations under the Design Guidelines section (addressing tree location mapping,
protective fencing, building setback, trenching, drainage facilities, and installation of new trees) and
the Protection Measures Before and During Construction section (addressing fencing, removal of
hardscape, demolition, work within tree canopies, etc.). The report's recommendations are included
as Attachment 2 of the Initial Study.
MITIGATION MONITORING: The Planning Division of the Community Development Department will
be responsible for ensuring that all recommendations made by the arborist are reflected in final
project plans. The Parks Division of the Parks and. Public Works Department will be responsible for
ensuring that all tree protection measures are properly implemented during construction.
5. Cultural Resources: The project site contains the Coggeshall Mansion, which was designated a
historic landmark by the Town in 1975 (No. HD-75-6). The site is listed as a historically, architecturally,
or aesthetically significant property since the mansion is:
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MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
"almost classic example of Nineteenth Century Eastlake Victorian with the distinctive type of
ornamentation that is the major characteristic of this style. Open front porch, tower, rows of
spindles, and woodwork resembling furniture legs. Other distinguishing characteristics are the
rectangular shape of the building, and the gable roof."
The building was constructed as a residence in 1891. It was converted into a mortuary in 1920 and used as
such until 1974. A building addition occurred in the 1970's. The building is presently used for
commercial purposes as a restaurant. The structure is the only remaining building of this type that once
lined the west side of North Santa Cruz Avenue between Saratoga Avenue and Main Street.
Project implementation would result in the conversion of the structure's second story to commercial
office use. The eastern portion of the project site is the landscaped front yard of the North Santa Cruz
parcel, and contains landscaping as well as a dining deck, portico, and stairs. Portions of the front yard
landscaping would be replaced with two new retail commercial structures as well as new landscaping and
hardscape, i.e. walkways, patios, etc. The existing dining deck, portico, and stairs would be.replaced with
a new dining deck and stairs.
The conservation of the Town's historic resources is the subject of the Town Code, Chapter 29 (Zoning
Regulations), Sections 29.80.215 through 29.80.320. The purpose of the Historic Preservation and LHP or
Landmark and Historic Preservation Overlay Zone is defined in Section 29.80.215(1) - (4). In brief, the
Town seeks:
"The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders
of past eras, events and persons important in local, State, or National history, or which provide
significant examples of architectural styles of the past or are landmarks in the history of
architecture, or which are unique and irreplaceable assets to the Town and its neighborhoods, or
which provide for this and future generations examples of the physical surroundings in which past
generations lived."
To achieve these goals, Section 29.80.225 of the Town Municipal Code provides for the establishment
and functioning of a Historic Preservation Committee. The Committee is composed of professional and
lay members that have demonstrated knowledge, competence, or expertise in historic preservation, and
acts as an advisory body to the Planning Commission on all matters pertaining to historic preservation.
To ensure that the proposed project meets the requirements of the Town Zoning Code and all relevant
guidelines, the Historic Preservation Committee reviewed a preliminary project design on April 5, 2006.
At that time, the Committee provided direction for the project applicant to ensure that the proposed design
complies with the goals and objectives for the preservation of the historic landmark property. In general,
the comments of the Committee supported the conceptual project design.
During meetings on March 21 and September 19, 2007, the Historic Preservation Committee considered
plans for the proposed project and determined that development of two detached structures would be
acceptable for the project site and had the following three comments regarding the proposed structures:
■ The southern structure should be redesigned to be more subservient (regarding style, scale and mass),
to the mansion;
■ Consider a more transparent building; and
■ The context of the mansion shall be protected.
DECEMBER, 2007 7
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Additionally, the Committee determined that the proposed exterior staircase on the mansion would be
acceptable.
Consequently, introduction of two new commercial buildings on the grounds of the project site would be
considered to have a less than significant impact on the character of the historic landmark property.
Further design review required by the Town for this project would enforce the historic preservation
objectives as presented in the Town's Commercial Design Guidelines. The directions identified by the
Historic Preservation Committee (April 5, 2006) for the proposed project are included in Attachment 3 of
the Initial Study.
Since, the project site is already developed, surface soils were disturbed during construction of existing
development on the subject property in the late lYh century. Although the site is not located adjacent to
Los Gatos Creek, the potential for encountering cultural resources cannot be completely eliminated due to
the site's historic character and relatively level topography. In addition, the project would potentially
involve trenching for removal and/or relocation utility lines. Therefore, the following mitigation
measures will be required:
MITIGATION: In the event that archaeological traces are encountered, all construction within a 50-meter
radius of the find shall be halted, the Community Development Director shall be notified, and an
archaeologist shall be retained to examine the find and make appropriate recommendations.
MITIGATION: If human remains are discovered, the Santa Clara County Coroner shall be notified. The
Coroner shall determine whether or not the remains are Native American. If the Coroner determines
that the remains are not subject to his authority, he shall notify the Native American Heritage
Commission, who shall attempt to identify descendants of the deceased Native Americans.
MITIGATION: If the Community Development Director finds that the archaeological find is not a
significant resource, work may resume only after the submittal of a preliminary archaeological report
and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying
descendants of a deceased Native American and for reburial shall follow the protocol set forth in
CEQA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a
mitigation program shall be prepared and submitted to the Community Development Director for
consideration and approval, in conformance with the protocol set forth in Public Resources Code
Section 21083.2.
MITIGATION: A final report shall be prepared when a find is determined to be a significant
archaeological site, and/or when Native American remains are found on the site. The final report shall
include background information on the completed work, a description and list of identified resources,
the disposition and curation of these resources, any testing, other recovered information, and
conclusions.
MITIGATION MONITORING: The Planning and Building Divisions of the Community Development
Department will be responsible for ensuring that these measures are implemented appropriately
during construction as the need arises.
6. Geology and Soils: A review of the Town's hazards maps indicates that the project site has moderate
shrink-swell potential, low potential for liquefaction, high potential for fault rupture, and moderate
potential for seismic shaking. No debris flow hazards were identified for the site. The Town's Fault Map
indicates that the site is located in an area of "concentration of coseismic ground deformation" and
lineation indicative of faulting (linear depression) is mapped as traversing the site.
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The Town's hazards maps also indicate the site has a slight to moderate erosion hazard. The proposed
grading plan indicates approximately 64 cubic yards would be graded (average depth of seven inches) to
achieve a two percent slope across the proposed plaza. Town Conditions of Approval will include
preparation and implementation of interim and final erosion control plans, which will reduce potential
erosion hazards to less than significant.
At a minimum, the proposed retail commercial buildings would be expected to be subject to strong
ground shaking during their design life. However, it should be noted that most of the Bay Area as well as
surrounding residences are subject to ground shaking hazards. As a standard project condition, the Town
will require preparation of a soil engineering report; this report will address any soil engineering
constraints and specify criteria and standards in accordance with the Uniform Building Code (UBC) for
site grading, drainage, pavement design, retaining wall design, erosion control, and foundation design.
Assuming all recommendations of this required report are incorporated into the project design, no
significant impacts from soil engineering constraints would be anticipated. By implementing applicable
UBC requirements and sound engineering practices, the Los Gatos General Plan EIR determined that
proposed development would be at no higher risk of potentially significant impacts due to seismically-
induced ground failure from seismic shaking than any other similarly situated area. However, due to the
identified high potential for fault rupture, the following measure will be required to reduce potential
ground rupture and related seismic impacts to a less-than-significant level:
MITIGATION: A geotechnical investigation shall be conducted for this project to determine the surface
and subsurface soil conditions at the site, as well as to determine the potential for surface fault rupture
on the site, particularly with respect to proposed building locations. The geotechnicai study shall
provide recommendations for site grading as well as the design of foundations, retaining walls,
concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement
sections. The project shall incorporate all recommendations of the investigation into project plans.
MITIGATION MONITORING: The Building Division of the Community Development and Engineering
Division of the Parks and Public Works Departments will be responsible for ensuring that this
investigation is completed and all recommendations are incorporated into the project design and
properly implemented during construction.
7. Hazards and Hazardous Materials: The project site is currently developed with a historic structure,
parking lot, and landscaping. Historic records indicate the building was constructed in 1891. From 1891
to 1920, the building was a residence; in 1920, it was converted to a mortuary and used for this purpose
until 1974. The building received its historic landmark designation in 1975 and has been used since that
time for commercial activities, including its current use as a restaurant.
The former mortuary use could be a potential environmental concern due to any accidental release of the
chemicals used for mortuary procedures. Since these chemicals were not used on the property after
conversion of the building for other commercial purposes in 1975, and there were no reported incidences
of chemicals being encountered during construction of subsequent modifications on the site, the potential
presence of these chemicals on the site would not appear to be a significant environmental concern at this
time.
The second story of the historic mansion would be remodeled to accommodate proposed commercial
office uses. If the structure contains asbestos or lead-containing paint, renovation could result in airborne
release of hazardous building materials, such as asbestos fibers or lead dust. Proposed renovation will be
required to comply with state and federal regulations for inspection and removal of hazardous building
materials, including asbestos-containing materials and lead-containing substances. If found to be present
in building materials to be removed, asbestos and/or lead abatement practices such as containment and
DECEMBER, 2007 9
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removal would be required prior to renovation. In addition, the project applicant will be required to
obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to
issuance of a demolition permit. Therefore, with implementation of existing regulations, the potential for
public health hazards associated with the release of airborne asbestos fibers at the project site would be
less than significant. In addition to implementing asbestos abatement requirements, the project sponsor
will be required to implement the following additional measure to mitigate other public health risks
associated with lead-based paints to a less-than-significant level:
MITIGATION: A state certified lead-based paint professional shalt be retained to perform a lead-based
paint survey of the existing structure and the recommendations of the professional shall be followed
for abatement of any identified lead-based paint prior to renovation of the structure.
MITIGATION MONITORING: The Building Division of the Community Development will be
responsible for ensuring this measure is properly implemented during construction.
8. Hydrology and Water Quality: Storm Drainage. Presently, the 0.59-acre (25,476 square feet) project
site is developed with commercial uses and a parking lot. Existing facilities and paving on the North
Santa Cruz Avenue parcel cover 11,763 square feet, approximately 83% of the site. The project site is a
level parcel with storm runoff draining from the property as sheet flows to North Santa Cruz Avenue and
the alleyway behind the building. Runoff flows on North Santa Cruz Avenue enter the municipal storm
drain system through catch basins along the street, and are collected and conveyed by the street's storm
drain. Overland flows in the alleyway drain toward Nicholson Avenue and enter the municipal storm
drain system north of the project site. Storm water runoff from the project site's impervious surfaces
flows into the Town of Los Gatos storm drain system, discharging into Los Gatos Creek, and ultimately
draining northward into San Francisco Bay.
The project plans indicate that the proposed development would increase impervious surfaces from
existing levels to 13,286 square feet, resulting in total coverage of approximately 93 percent of the site.
Based on the design plans, the proposed project would increase impervious coverage by approximately 10
percent. However, it should be noted that the project site's Wilder parcel is extensively paved for parking
lot use with minor landscape areas along the perimeter of the parcel. These existing impervious surfaces
would be removed as part of the residential development proposed for this site and partially replaced with
the impervious surfaces of the residential structure. The removal of impervious parking lot surfaces for
future front, side, and rear yard landscaped areas would partially offset the new impervious surface area
associated with the proposed commercial structures on the North Santa Cruz Avenue parcel.
Consequently, the project design would result in a negligible change in the amount of impervious surfaces
on the project site overall.
Since existing downstream storm drain facilities adequately accommodate current storm runoff flows and
the proposed project would result in minimal increases in peak surface flows at the site, the proposed
project would not affect the existing storm drainage system capacities and would have no significant
adverse impacts on runoff flows from the project site.
Flood Hazards. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate
Maps for the project area, the project site is not within the 100-year floodplain. The Santa Clara Valley
Water District's Maps of flood control facilities and limits of one percent flooding as well as the Town of
Los Gatos Safety Element Flood Plain maps show the project site does not lie within a flood zone.
Therefore, no significant flood hazard impacts would be anticipated.
Water Quality. More stringent water quality regulations of the Clean Water Act have recently been
triggered because the NPDES (National Pollution Discharge Elimination System) permit program has
DECEMBER, 2007 10
MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
failed to protect beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as
evidenced by such observations as violations of ambient water quality criteria, high concentrations of
toxic substances, and fish consumption health advisories. These new regulations require that all
discharges shall comply with Provision C.3, New and Redevelopment Performance Standards of Order
No. 01-024 of the NPDES permit program.
The project site is located within the Los Gatos Creek watershed. Runoff from the site would discharge to
the Town's storm drains in Santa Cruz Avenue, flowing into Los Gatos Creek and eventually into the
Bay. Los Gatos Creek is on the Clean Water Act Section 303(d) List of Water Quality Limited Segments
due to the presence of diazinon, a pesticide, and its primary source is identified as urban runoff and storm
drains. Best Management Practices (BMPs) outlined by the Santa Clara Valley Urban Runoff Pollution
Prevention Program (SCVURPPP) for treatment control of pesticides include bioretention, infiltration,
and media filter with adsorption/absorption as the removal process.
As a condition of project approval, the Town will require: (1) preparation and submittal of interim and
final erosion control plans to the Engineering Division of the Parks and Public Works Department; and
(2) implementation of non-point source pollution prevention measures to reduce pollutant levels in the
water that will eventually discharge to Los Gatos Creek. Since the project would create or replace less
than 10,000 square feet of impervious surface area, the Town has determined that the proposed project is
not subject to the provisions of C.3. However, the Town will require surface runoff to be directed into
landscaped areas and splash blocks to be installed on downspouts. These requirements are consistent with
current non-point source requirements and erosion control portions of the NPDES permit program.
9. Land Use and Planning: The project site is currently developed with a historic structure, paved
parking lot, and landscaping. The North Santa Cruz parcel is currently designated by the General Plan as
"CBD - Central Business District" while the Wilder parcel is designated "Medium Density Residential, 5
to 12 dwelling units per acre." The CBD General Plan designation encourages "a mixture of community-
oriented commercial goods, services and lodging, that is unique in its accommodation of small town style
merchants and the maintenance of a small town feel and character." This designation also calls for
maintaining and expanding landscaped open spaces and mature tree growth without increasing setbacks,
and integrating new construction with existing structures of historical or architectural significance and
emphasizes the importance of the pedestrian. The Medium Density Residential General Plan designation
provides for multiple-family residential, duplex, and/or small single-family homes. The proposed
development of retail commercial and office space on the North Santa Cruz parcel and a single-family
residence on the Wilder parcel would appear to be consistent with these designations. However, the
project proposal would modify lot lines so that the parking spaces associated with the North Santa Cruz
parcel would become part of this parcel, requiring a General Plan amendment from "Medium Density
Residential" to "Central Business District" on the portion of the site where parking spaces would be
located.
The North Santa Cruz parcel is zoned C-2:LHP, Central Business District Commercial Zone with
Landmark and Historic Preservation Overlay Zone. Permitted uses in the C-2 Zone include retail
commercial, personal service business, and office activities. The Wilder parcel is zoned R-1D:LHP,
Single-Family Residential Zone, with Landmark and Historic Preservation Overlay Zone. Permitted uses
in the R-1 Zone include single-family dwellings, residential care facilities, small family day care homes.
Proposed retail commercial, office and residential uses would be consistent with uses allowed in these
zones. However, since the project proposal would modify lot lines so that the parking spaces associated
with the North Santa Cruz parcel would become part of this parcel, a zoning amendment from R-1D:LHP
to CBD is proposed on the portion of the site where parking spaces would be located.
DECEMBER, 2007 11
MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Both project parcels have the LHP Overlay Zone. The purpose of this overlay zone is to protect structures
or areas with special historical, architectural, or aesthetic interest from being destroyed or impaired
despite the feasibility of preserving them. See discussion under Sections I and III, Aesthetics and Cultural
Resources for more discussion of the project's impact on the historic and aesthetic values of the historic
structure on the site, the Coggeshall Mansion.
The proposed project would introduce new retail commercial, office and residential uses on the project
site. The project vicinity is comprised of a mix of commercial and residential uses. There are retail and
service commercial uses adjacent to the North Santa Cruz parcel (to the north, south, and east) and
proposed development of retail commercial and office uses on this parcel would be consistent with the
existing mix of uses. There are residential uses adjacent to the Wilder Avenue parcel (to the north, south,
and west), and proposed residential development on this parcel would be consistent with surrounding
residential uses. Therefore, no land use compatibility problems would be expected.
10. Mineral Resources: The Los Gatos General Plan does not identify any regionally or locally-
important mineral resources on the project site or in its vicinity.
11. Noise: Construction Noise. The Town Noise Ordinance (Chapter 16) restricts construction activities
to the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays.
This ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. Project
construction would result in temporary short-term noise increases due to the operation of heavy
equipment. Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of
construction equipment, and slightly higher levels of about 94 to 97 dBA at 25 feet for certain types of
earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise
levels could be reduced to 80 to 85 dBA at 25 feet, depending on the type of equipment. With controls,
construction noise levels could be made to comply with the Town Noise Ordinance.
Residential uses are generally considered to be noise-sensitive uses or sensitive receptors. There are two
existing residences located adjacent to the Wilder parcel, and one of these residences is also located
adjacent to the western boundary of the North Santa Cruz parcel. Both of these residential properties
adjoin existing off-street parking spaces on the project site. Construction of the future residence could
occur as close as 25 feet from these two residences, while reconfiguration of the parking spaces adjacent
to the alleyway could occur as close as 50 feet from one of these residences. At 25 feet, the ordinance
noise limit (85 dBA at 25 feet) would result in maximum noise levels of 85 dBA, while at 50 feet,
maximum noise levels would be 79 dBA. Temporary disturbance (e.g., speech interference) can occur if
the noise level in the interior of a building exceeds 45 to 60 dBA. To maintain such interior noise levels,
exterior noise levels at the closest residences (with windows closed) should not exceed 70 to 80 dBA and
this exterior noise level is used as a significance threshold or criterion. Maximum construction noise
levels could periodically exceed this threshold, particularly when heavy equipment associated with
construction of the future residence on the Wilder parcel is operating closer than 50 feet of these
residences. However, existing fencing along the boundaries adjoining these two residences would serve
as noise barriers and help reduce construction-related noise at these residences. Given the limited duration
of construction associated with one home, enforcement of time restrictions and noise level standards
contained in the Town Noise Ordinance would help to maintain construction noise levels at acceptable
levels and limit duration when speech interference effects could occur, reducing potential construction-
related noise impacts to less than significant.
Operational Noise. Adjacent residences are currently subject to noise from cars parking in the existing
parking lot on the Wilder parcel and existing parking spaces adjacent to the alleyway. Since the project
would reduce the number of parking spaces, noise from parking cars would decrease with the proposed
project. Although the project would add seven parking spaces adjacent to the alleyway, parking-related
DECEMBER. 2007 12
MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
noise already occurs in this vicinity since there are already six existing parking spaces in the same area.
Therefore, proposed reconfiguration of parking spaces on the western portion of the project site would not
significantly increase operational noise. The proposed reduction in the size of the existing restaurant use
would also reduce the number of cars parking and traveling along the alleyway during the more noise-
sensitive late evening hours. The proposed retail and office uses are not expected to generate traffic
during the late evening hours.
12. Population and Housing: The proposed project would result in the construction of one single-family
residence on the Wilder parcel, and would not result in intensification of residential uses or significantly
increase local or regional population. No existing housing units would be displaced by the project. The
project would also construct two retail commercial buildings on the site and provide commercial office
space in the second story of the Coggeshall Mansion, which is currently occupied by a commercial use.
The project would not be considered growth inducing since the project would involve redevelopment of
an existing developed parcel and the project would not extend roads or infrastructure to any adjacent
properties. Adjacent parcels are already developed with retail commercial and residential uses.
13. Public Services: Public safety services are already provided to the existing restaurant on the project
site as well as to adjacent commercial and residential uses. Increased demand for schools and recreational
services by the proposed single-family residence would be less than significant, while the proposed retail
commercial and office uses would generate no demand for school and recreational services in the
community. No significant increase in demand on public services would occur with the proposed project.
Police protection services are currently being provided to the existing restaurant on the site and
surrounding retail commercial and residential uses. With the proposed project, these services would
extend to the proposed retail commercial buildings and single-family residence on the project site, which
would be a less-than-significant increase in demand for these services.
The Santa Clara County Fire Department has reviewed the proposed plan for site access and water supply,
and the project will be required to meet Department requirements for minimum fire flow, automatic fire
sprinklers, and premise identification. The project will be required to install an automatic fire sprinkler
system. The proposed plan will be subject to formal plan review by the Santa Clara County Fire
Department to determine compliance with adopted model codes.
14. Recreation: The proposed addition of one residential unit would incrementally add new population to
the area, and thereby increase the demand for recreational services. This incremental increase would not
be expected to be significant given the small size of the project.
I.S. Transportation and Traffic: Trip Generation. The Town's Traffic Impact Policy (Resolution 1991-
174) requires preparation of a detailed traffic study for any project with the potential to generate 20 or
more additional AM or PM peak hour trips. The existing restaurant on the project property currently
generates traffic from the existing 198-seat restaurant (566 average daily trips, 6 AM peak hour trips, and
55 PM peak hour trips). Since the project sponsor proposes to reduce the size of the restaurant (135 seats)
while adding 1,600 square feet of retail space and 1,262 square feet of office space, the project would
result in a net reduction in traffic generated at the project site on a daily basis and during the PM peak
hour (471 average daily trips, 8 AM peak hour trips, and 44 PM peak hour trips). Therefore, the proposed
project would have no impact on the existing traffic load and capacity of the street system nor would it
contribute to cumulative impacts on existing intersection or roadways level of service operation in the
project vicinity.
Parking. At present, there are 22 parking spaces on the project site (16 spaces are in the parking lot
adjacent to Wilder Avenue, while six spaces are adjacent to the alleyway) and 44 parking spaces in the
Parking Assessment District (PAD), or a total of 66 parking spaces. The project proposal would
DECEMBER, 2007 13
MITIGATED NEGATIVE DECLARATION - 115 NORTH SANTA CRUZ AVENUE AND 112 WILDER AVENUE
reconfigure the two project parcels so that the six existing on-site parking spaces adjacent to the alleyway
would be located on the same North Santa Cruz parcel and seven more on-site spaces would be added on
both sides of the alleyway, for a total of 13 on-site parking spaces on the North Santa Cruz parcel. The
proposed project would result in a net reduction of nine on-site parking spaces. With the 44 PAD spaces,
the project would have a total of 57 parking spaces. Along with the project's trip generation, its parking
demand would also decrease. The Town will require provision of 57 spaces (45 spaces for the 135-seat
restaurant; six spaces for the retail space; and six spaces of the office space) and the project would meet
this parking requirement.
On the Wilder parcel, the proposed plan indicates that a two-car garage for the future residence and two
guest spaces (located east of the garage) would be located adjacent to the alleyway. The Town's Zoning
Ordinance would require provision of two parking spaces for the future home and the project would meet
this requirement.
Safety Hazards. The project would eliminate the parking lot driveway on Wilder Avenue, reducing the
potential for traffic conflicts at this driveway. The project, however, would add I1 parking spaces (four
residential spaces and seven commercial spaces) directly adjacent to the existing alleyway, and vehicles
would back out of these spaces directly into the alleyway. These spaces are perpendicular to the alleyway
and could increase delays for vehicles using the alley as a result of an increased number of parking
maneuvers along this section of the alleyway. Given the narrow width of this alley and presence of similar
parking spaces along this alleyway, travel speeds are low and therefore, potential increases in safety
hazards posed by the proposed parking space configuration would be less than significant.
16. Utilities and Service Systems: Utilities are currently provided to the project site and adjoining
commercial and residential uses. The proposed retail commercial buildings and single-family residence
would be required to connect to the existing water and sewer lines in North Santa Cruz Avenue or Wilder
Avenue, both located adjacent to the site. No major off-site utility improvements would be expected to be
required for development of the project's commercial and residential buildings. Project development
would also include construction of storm drainage facilities (see Section VIII, Hydrology and Water
Quality). The Fire Department will require provision of an approved, automatic fire sprinkler system in
the proposed building. Other utilities (electrical, gas, telephone, cable TV facilities) will be upgraded as
necessary.
Copies of the Initial Study used to make the above recommendation are on file and available for public
inspection during regular business hours at the Town Community Development Department, 110 East
Main Street, Los Gatos, California.
r4 Z,& q--
Date
Bud N. Lortz, Director of Community Development
DECEMBER, 2007 14
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JOHN LIEN
ARci-ii,TECT
17 January 2008
Sandy Baily, Planner
Town of Los Gatos Planning Dept.
110 East Main Street
Los Gatos, California 95030
Variance Request - Parking Reduction
115 North Santa Cruz Avenue/V-07-01
Dear Sandy:
IiiECEIVED
JAN 1 7 2008
0VVN OF LOS GATOS
This letter describes the findings required for reduction of parking for the subject
application. As shown in the project plans we are requesting a net reduction of -9-
spaces. The land use intensity is also reduced by this application and the resulting
required parking vs. proposed parking will be balanced.
Per Section 29.20.170 a variance may be granted if it can be determined that (1) there
are special circumstances applicable to the property, and (2) that granting of the
variance would not constitute a granting of special privileges. The following is
provided in support of these findings:
1. The existing parking is on private property and supports an intensity of uses
which no longer exists. Denial of the request to reduce the amount of parking would
place an undue burden on the property by imposing a parking standard which
exceeds that of other similar uses in the downtown, thereby depriving the property
of privileges enjoyed by other properties in the vicinity and under the same zoning.
2. The granting of a variance would not constitute a granting of special privileges
because other properties iri the vity Have received approval for similar requests, -
specifically 245 Almendra Avenue/2007.
We appreciate your careful consideration of this request,
Sincerely,
1
Jo Lien
Santa Cruz Wilder, LLC
9,5~) i~) (l:U?,) 39')
525
EXHIBIT 10
AR 1-11TEC i'
10 January 2008
Sandy Baily, Planner
Town of Los Gatos Planning Dept.
110 East Main Street
Los Gatos, California 95030
Letter of justification - 115 North Santa Cruz Avenue/S-07-019 et al..
Dear Sandy:
JAN 11 7 ?00;
TOWN OF CGS GA--`(-)
This letter describes our response to issues raised by architect Larry Cannon/ CDG,
the Goals and Policies of the General Plan affecting approval of the application, and
findings in support of the request for a reduced front setback. In addition and in
response to concerns of the Historic Preservation Committee I have included a view
analysis of the property as seen from North Santa Cruz Avenue.
Response to CDG Review:
In CDG's initial report of April 20, 2007 three primary issues were identified:
1. To what degree will the (project) compromise the historic setting and. quality
of the existing structure?
2. Will the added structures improve or detract from the urban design quality of
the downtown?
3. Is the amount of the proposed new construction appropriate for the site?
The report offered -4- options for consideration ranging from no project to
modification of the north building. The application was revised to incorporate the
recommendations included in Option 3 as follows:
• Decrease the size of the north building: the floor area was reduced from 540sf to
424sf and reconfigured with a narrow elevation (16') facing NSCA.
Increase the size of the south building either by extending north or adding floor
area behind: we opted to add area behind the building rather than encroach on the
view of the mansion. The south building floor area was increased by 59sf to a total
of 1,176sf.
CDG prepared a second report dated September 24, 2007. They stated that "The
design is much improved " and that they have two lingering concerns. Those
concerns and our response to each are as follows:
® Roof form at the south end of the south building: Cannon observed that the roof
was "awkward" as designed. He recommended and we revised the roof to match
the opposite end.
The south building was shown previously with two gables facing NSCA. CDG
recommended one be removed and the remaining gable be moved farther north;
the design has been modified accordingly.
;.i ~ 11. ii . .
6 , C,_)i e fj"vC."tUE t OS T~<t't~7t;, ~„1 UTL"tL< ~;,iil ii 91 35 7 1 i 7. (~'{J~ ti ,j i
45
115 NSCti' / p. 2
10 January 2008
CDG recommended wood siding for the walls which would "relate them strongly
to the window system and the wood of the existing (mansion) We had
proposed plaster siding to match the existing low historic wall at the back of
sidewalk. The plans are revised to show fancy-cut wood shingle siding and color to
match the mansion.
Goals and Policies of the General Plan
The Land Use Element Section 2.4.2.b of the General Plan defines one aspect of the
CBD - Central Business District as follows:
® Integrates new construction with existing structures of historical or architectural
significance and emphasizes the importance of the pedestrian.
This application intends to accomplish exactly that as evidenced by its conformance
with these goals and policies of the Land Use Element: I
L.G.1.1: To preserve, promote and protect the existing small town character and
quality of life within Los Gatos.
L.P.1.1: Development shall be of high quality contruction, a positive addition to and
compatible with the Town's ambiance. Development shall enhance the character
and unique identity of existing commercial and/or residential neighborhoods.
L.P.13: Encourage economic and social activity consistent with a small-scale, small
town atmosphere and image.
L.P.1.4: Preserve and promote existing commercial centers consistent with the
maintenanace of a small-scale, small town atmosphere and image.
L.P.1.8: In-fill projects shall be designed in context with the neighborhood and
surrounding zoning with respect to the existing scale and character of the
surrounding structures and should blend rather than compete with the established
character of the area.
L.P.1.9: Preserve and protect historic structures including those that have -been
designated or are contributors in existing historic districts. Use special care in
reviewing new buildings or remodels in the vicinity to address compatibility issues
and potential impacts.
L.G.6.1: To maintain the historic character of the downtown.
L.G.6.2: To preserve downtown Los Gatos as the historic center of the Town with
goods and services for local residents while maintaining the existing Town identity,
environment and commercial viability.
L.P.6.1: Encourage the preservation, restoration, rehabilitation, reuse and
maintenance of existing buildings.
115 NSCA/p. 3
10 January 2008
L.P.6.4: Establish and maintain strong boundaries between the CBD and adjacent
residential structures.
L.P.6.5: Recognize and encourage the different functions, land use patterns, and use
mixes of the various commercial areas within the downtown. This includes: The
pedestrian scale, specialty orientation of the CBD.
The Community Design Element of the General Plan contains additional goals and
policies supportive of this application:
CD.G.1.1: To preserve and enhance the Town's character through exceptional
community design.
CD.P.1.2: Promote, enhance and protect the functionality and appearance of the
Towns commercial areas.
CD.P.3.2: Encourage adaptive reuse of residential, cout7ie. iai von public ucliid'u"2gS.
CD.P.3.6: Renovations or remodels of historic structures shall be architecturally
consistent and compatible with the original structure.
CD.P.3.7: New structures within historic areas shall be designed to blend and
harmonize with the neighborhood.
CD.P.4.1: Provide for a pedestrian oriented downtown core.
CD.P.4.2: Establish and maintain strong boundaries between the commercial area
and adjacent residential neighborhoods.
CD.P.4.3: Preserve and enhance the appearance of the Central Business District
(CBD) through design improvements.
Findings in support of a Reduced Front Setback
Article VI of the zoning ordinance stipulates that front setbacks in the C-2 zone shall
be 10' except: "The deciding body may allow a reduction in setback if it makes all of
the following findings:
a. The setback provides for adequate pedestrian circulation;
b. The setback is compatible with the adjacent buildings and compliments the
buildings in the immediate vicinity; and
c. The setback provides adequate clear sight vision for vehicular traffic,"
We believe the application meets all of the required findings.
View Analysis as seen from North Santa Cruz Avenue
It is our contention that the new buildings will reinforce the fabric of the existing
streetscape and at the same time gradually reveal the mansion as a found space,
inviting pedestrians to enter and discover the very intimate and charming
115 NSCA/p. 4
10 January 2008
courtyard created by the whole assemblage. The attached drawing and following
comments illustrate this point. The letter bullets refer to the drawing keynotes:
C. Building alignments as requested and as represented in the orthogonal elevation
drawings shown on Sheet 2 of the application.
A. The range of view standing opposite the main entrance extends well beyond the
limits of the historic mansion.
B. The range of view of a passerby reveals the full extent of the courtyard from the
new dining deck to the north property line and neighboring Bank of the West.
F. The new dining deck is equal to the mansion's existing floor level, both obviating
the need for the extensive and universally disliked ADA ramps and precluding any
possibility of a view thru the new south building. Additionally, it is worth pointing
out that a transparent rear wall would reveal only the below-floor-level wall of the
modern, former mortuary building (also universally disliked) and none of the
mansion.
We are certain that this proposal is well considered, appropriate to the goals for a
vital downtown shopping district and especially sensitive to the importance of the
Coggeshall Mansion. We have welcomed staff's and committee comments and
especially those of Larry Cannon and believe the project has benefitted from them.
We look forward to your favorable review.
lncTrely,
w
Jolyn Lien
Santa Cruz Wilder, LLC
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EXHIBIT 11
ARCHITECTURE PLANNING. URBAN DESIGN
April 20, 2007 R E r -1 ED
Ms. Sandy Baily CLAY - 3 2007
Community Development Department
Town of Los Gatos TOWN OF LOS G ATOS
110 E. Main Street PLANNING DIVISION
P.O. Box 949
Los Gatos, CA 95031
RE: Chart House
Dear Sandy:
I .reviewed the revised drawings, and read the Historic Preservation Committee's letter to the architect and the architect's
response to staff. My comments and recommendations are as follows:
Neighborhood Context and Issues
The existing building is set well back from the front property line, creating a garden setting for the historic structure. The.
northern portion of the Coggeshall Mansion, constructed in 1891, is clearly the older, original portion of the structure,
and the most important as a contributor to the Santa Cruz Avenue,streetscape.
TEL: 415.331.3795 FAY,: 415.331.3797 '-MAIL: cdbr' MlIBIT 12
180 HARBOR DRIVE. SUITE 219 . SAUSALITO. CA 94965
View south along sidewalk
View to entry and original portion of the
house
Currently Proposed Site Plan
Chart House
Design Review Comrients
April 20, 2007 Page 2
The primary issues seem to he as follows:
1. To what degree will the infill of a significant portion of the garden in front of the Mansion compromise the his-
toric setting and quality of the existing structure?
2. Will the added structures improve or detract from the urban design quality of Downtown Los Gatos?
3. Is the amount of proposed new construction in the front garden area appropriate for the site?
All of these are value judgements. I am unable to make a firm recommendation, but can pose a range of options that
may assist staff, the Historic Preservation Committee and the Planning Commission in selecting the most comfortable
solution for the context of Downtown.
Options
The following four options are arranged from the least to the most impact on the current site conditions.
Option 1. No Project
The trees and landscaping add variety to the otherwise continuous commercial storefronts and create a minipark within
the downtown. Downtown Pleasanton has a similar condition of a restaurant in a historic structure set back from the
street with a landscaped garden area between the structure and the sidewalk. The front setback is used for outdoor din-
ing which has added its own liveliness to the streetscape.
CANNON DESIGN GROUP 180 L [ARBOR DRIVE. SUITE 219 . SAUSALITO . CA 94965
Downtown Pleasanton similar example
Design Re-,rie\v Comments
April 20, 2007 Page 3
Option 2. Limit the Addition to One Structure
Eliminate the smaller structure to the north. The extent of new construction seems substantially more than I looked
at during my earlier studies last October. This approach would partially retain the current garden feeling, and would
maintain good visual exposure for the original historic portion of the house. Some improvements to the front garden
to make it more accessible and usable should be considered. This option would allow additional retail at the street front
while minimizing negative impacts on the portion of the existing structure that contributes most to the visual quality of
the streetscape.
OPTION 2
CANNON DESICN CROUP IM HARBOR DRIVE . SUITE 219. SAU5ALI FO CA 94965
Remove second building
and enhance garden
Chart House
Dcsign Revie\v Comments
April 20, 2007 Page 4
Option 3. Reduce the Size of the Structure to the North
Reducing the northern structure and treating it more as a retail kiosk would reduce its impact on the existing structure
and maintain a sense of the garden setting. Some increase in the size of the southern structure might be considered to
compensate for some of this floor area reduction.
OPTION 3 SITE PLAN
CANNON DESIGN GROUP 180 I-IARBOR DRIVE SUITE 219. SAUSALITO. CA 94965
Increase size of Decrease size of smaller
larger structure structure and treat as kiosk
Increase in depth to the Reduce mass and'treat as object
west better than increase in the garden rather than a building
in length to the north
Design Reviexv Comments
April 20, 2007 Page 5.
Eliminate roof top element
Stucco wail is inconsistent with the.
architectural style and,the element
conflicts with the.Queen,Anne :turret
Roof at property line
seems very awkward
Better to use same slope at
other roof planes
Increase size of
larger structure
Better if additional area
is at back of structure
OPTION 3 ALTERNATIVE ELEVATION
Kiosk
----------------.-1
1
1 i
1 1
.1 1
/ i
1
1 1.
1
1-
1. I
i
l ; Reduced
scale
Decrease size of smaller
structure and treat as kiosk
Reduce mass and treat as object
in the garden rather than a building
CANNON DESIGN G20UP 80 ~!ARP,OR DRIV[ . SUITr L' J . SAU5/%L1T0. CF, 94965
e
CURRENTLY PROPOSED ELEVATION
Chart House
Desi&m Review Commcnes
April 20, 2007 11a1;c G
Option 4. Modify the Design of the Smaller Structure
The two rather different forms of the two structures seems uncomfortable to me. I believe that redesigning the norther-
ly structure to reflect the curved form of the southerly building would be better. It would create a more classic symmetry
and, by eliminating the south facing gable, would reduce the obstruction to views of the Queen Anne turret.
OPTION 4
CANNON D7SIGN GROUP 1 U0 HARBOR DRIVC. SUITE 219. SAUSALI T O . CA 941,165
Treat smatter building
with rounded end to
create more of a classical
symmetrical entry
Design Review Comments
April 20, 2007 Page 7
Eliminate roof top element
Stucco wall is inconsistent with the
architectural style.and the element
conflicts with the Queen Anne turret
With regard to the design of the structures themselves, I would definitely recommend eliminating the roof top element.
The use of stucco on the roof is inconsistent with the architectural style, and the roof elements seem to compete with
the Queen Anne turret of the existing structure without adding anything substantial to the project.
And, I am conflicted about the use of stucco on the walls of the buildings. It would seem that metal, metal and glass, or
metal and opaque glass would be better than using stucco since the structures are treated similar to conservatories which
would typically limit stucco, brick, or stone to wainscot bases.
The proposed project is unique and does not easily fit within the framework of the adopted Commercial Design
Guidelines. Because of the uniqueness of the historic building and its substantial setback from the street, the site and
any development intensification should be judged on the extent to which the proposal would relate to, and reinforce, the
character and quality of the Coggeshall -Mansion, and the extent to which is would retain the existing park-like setting
along the street.
Sandy, lease let me know if you have any questions, or if there are specific issues of concern that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry Cannon AICP
President
C/1,NNON JESi(-,N GROUT IW) NP,RBOR DRIVE . SUrrr_ 2l9 . SAUS/ ? i o CA 94965
CURRENTLY PROPOSED ELEVATION
OPTION 4 ALTERNATIVE ELEVATION
ARCHITECTURE PLANNING URBAN DESIGN GZ-6,
I I
~Hl
CANNON '
4
DESIGN~
R ,_UP.oA
RECEIVED
September 24, 2007, 2007 SEP 2 -5 2007
Ms. Sandy Baily
Community Development Department R WN OF LOS GATOS
Town of Los Gatos PLANNING DIVISION
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95031
RE: 115 North Santa Crus Avenue Retail Addions
Dear Sandy:
I reviewed the revised drawings. The design is much improved since I first reviewed it. There are, however, two lingering
concerns as follows:
1. The roof form is very awkward at the south property line with the odd angle to the end - partly a result of trying to
achieve the maximum building square footage at an angled property line. In some cases that might be acceptable, but I
do believe that the historic quality of the existing structure on this site deserves a more classic and complete design solo=
tion. It would be better to relate the roof form more directly to the north end of this structure. Some, adjustment would
be needed for the location and/or form of building element on the west side of the structure.
This roof condition and n
gable entry close to end
of the building is awkward tom,'
FRONT ELEVA
Symmetrical roof form and
TEL: 415, FAX: 415.331.3797 EMAIL: cdBpIan@pa.
180 HARBOR DRIVE . SUITE 219 SAUSALITO - CA 94965 EXHIBIT 13
Wood frame and panel walls would relate better
to the existing building than stucco walls
Stone or stucco base OK
RECOM10ENDED FRONT ELEVATION
115 NL~ Santa Cruz Avenue Retail Additions
Design Review Comments
September 24, 2007 Page 2
2. Related to the above comment, the placement of the entry gable so close to the south end of the building seems
awkward and out of character with this type of structure. Moving the entry to the north, as shown in the Recommenda-
tions diagram, would be desirable.
3. I am still very concerned about the use of stucco for the wall materials. Strong consideration should be given to the
use of a wood frame and panel system for the walls, relating them strongly to the window system and the wood of the
existing building on the site. Relating to the historic quality building seems more appropriate to me than relating to the
adjacent stucco huildings.
Sandy, please let me know if you have any questions or need any other issues addressed.
Sincerely,
CANNON DESIGN GROUP
Larry Cannon AICP
President
CANNON DESIGN GROUP 180 HARBOR DRIVE . SUITE 219 . SAUSALITO . CA 94965
ARBOR RESOURCES
Professional Arboricultural Consulting & Tree Care
A TREE INVENTORY AND REVIEW OF THE
PROPOSED DEVELOPMENT AT
115 N. SANTA CRUZ AVENUE
LOS GATOS, CALIFORNIA
PROPERTY OWNER: Santa Cruz Wilder, LLC
APPLICANT: John Lien
APN: 510-17-065 and 071
Submitted to:
Sandy L. Baily, AICP
Community Development Department
Town of Los Gatos .
110 East Main Street
Los Gatos, CA 95031
Prepared by:
David L. Babby, RCA
ASCA Registered Consulting Arborist #399
ISA Certified Arborist WE-4001A
September 21, 2007
RECEIVE.,)
SEP 2 1 2007
TOWN OF, LOS GATOS
PLANNING DIVISIQN P.O. Box 25295, San Mateo, California 94402 o Email: arborresources@comcast.net
Phone: 650.654.3351 Fax: 650.240.0777 Licensed Contractor #796763
EXHIBIT 14
David L. Babby, Registered Consulting Arborist September 21, 2007
TABLE OF CONTENTS
SECTION TITLE PAGE
1.0 INTRODUCTION 1
2.0 TREE COUNT AND COMPOSITION ..................................1
3.0 REVIEW OF PROJECT IMPACTS AND TREES 2
4.0 RECOMMENDATIONS 3
4.1 Design Guidelines 3
4.2 Protection Measures Before and During Construction 5
EXHIBITS
EXHIBIT TITLE
A TREE INVENTORY TABLE
B SITE MAP
1
David L. Babby, Registered Consulting Arborist September 21, 2007
1.0 INTRODUCTION
I have been retained by the Town of Los Gatos Community Development Department to
review the potential tree impacts associated with the proposed construction of two retail
buildings and associated grading along the frontage of 115 N. Santa Cruz Avenue, Los
Gatos. This report presents my analysis and recommendations.
Trees inventoried for this report are defined as "Protected"' and situated within the front
section of the property along N. Santa Cruz Avenue.
Documents reviewed for this report include the following: [1] Sheets 1, lA and 4 (all dated
8/22/07) by John Lien Architect, and [2] a report by Barrie D. Coate and Associates, dated
7/24/07.
The trees' locations and assigned numbers are presented on a copy of Sheet 1 (Site Plan) in
Exhibit B. Note that I assume the locations of trees shown on the plans reviewed have
been surveyed and are accurate; if this is not the case, the locations of the large trees
should be surveyed and presented on future plans.
2.0 TREE COUNT AND COMPOSITION
There are 10 trees of five various species inventoried for. this report; they include four
pittosporum (#1 and 8-10), two holly oaks (#2 and 3), one coast live oak (44), one date
palm (45), and two coast redwoods (46 and 7). Specific data recorded for each tree is
presented within the Tree Inventory Table in Exhibit A.
1 Section 29.10.0960 of the Town Code defines a "Protected Tree" on private property as being regulated and
having a trunk diameter of four inches and greater measured at three feet above grade. Fruit- or nut-bearing
trees with trunks less than 18 inches in diameter are exempt (Section 29.10.0970).
115 N. Santa Cruz Avenue, Los Gatos Page 1 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
Three of the inventoried trees, #2 thru 4, are located within the public right-of-way
between the curb and sidewalk (i.e. "street trees"). The plans identify four street trees;
however, the southernmost one does not exist and should be omitted from the plans.
There are five additional river birch (Betulus nigra) situated in a row along the northern
property boundary immediately north of the restaurant. They are all of Ordinance-size,
range in fair to good condition, and have trunk diameters ranging from 4 to 12 inches.
The plans identify an additional redwood at the rear of the building. It is a very large
redwood that appears in overall fair health and has a trunk diameter of 39.5 inches and a
canopy spread of 40 feet.
In the event the parking lot and rear alleyway along the west side of the property were to
be used for access and staging during construction, the following additional trees would be
at risk: three small redwoods, two large redwoods, one coast live oak on a neighboring site,
and one laurel.
3.0 REVIEW OF PROJECT IMPACTS AND TREES
Seven trees are indicated on the plans to be removed for development purposes; they
include #1, 3, 5, 6 and 8-10. Based on their current condition and/or species, their loss
seemingly conforms to Section 29.10.0990 of the Town Code. For reasons specified
below, replacement trees would be necessary to mitigate the loss of trees #3 and 5.
Trees #1 and 8-10 are pittosporum in a state of poor and declining condition, a
situation that is expected to lead to their demise in the near future. As such,
these trees can be regarded as hazardous and mitigation would not be necessary.
■ Tree #3 is a holly oak located along the street and appears in only fair overall
condition due to a sparse canopy and significant damage to its lower trunk.
■ Tree #5 is a Canary Island date palm in overall good condition but requires high
maintenance to avoid its frond and fruit falling onto people below.
115 N. Santa Cruz Avenue, Los Gatos Page 2 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consetlting Arborist September 21, 2007
■ Tree #6 is a redwood that has an abnormal indentation at the base of the east
side of its trunk. Further exploration to determine the cause of the formation
resulted in removing river rock surrounding the trunk. In doing so, it exposed a
three-inch girdling root and the absence of a buttress root at the trunk's east
side, both situations predisposing the tree to fall over and/or prematurely decline
and die. As such, it is my opinion that the tree can be regarded as hazardous
and should be removed regardless of the proposed development. Mr. Coate also
recommends the tree's removal irrespective of planned construction.
4.0 RECOMMENDATIONS
The recommendations presented within this section are based on plans reviewed and serve
as guidelines to mitigate tree-related impacts. Please note that they are subject to revision
upon reviewing any additional or revised plans.
4.1 Design Guidelines
1. The plans should reflect the accurate trunk locations, trunk diameters, and canopy
dimensions of each tree. I also suggest the ground elevations of two sides of tree #Ts
trunk is surveyed and shown on Sheet 4.
2. The section of new brick, including base material, being installed beneath tree #7's
canopy must be fully pervious
3. The section of walkway and curb within 12 feet from tree Vs trunk must require no
more than a six-inch vertical cut, including for base materials, edging and forms.
Preferably, these features should be established entirely on top of existing soil grade
with no soil cuts.
115 N. Santa Cruz Avenue, Los Gatos Page 3 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
4. The subgrade within 10 feet from tree 47's trunk must not be directly compacted.
Additionally, compaction of subbase materials must not exceed 85-percent density.I
also recommend that
5. Any new underground utilities and services should be established outside from beneath
the trees' canopies. I should be consulted in the event this is not feasible.
6. Approved excavation for the building footings must not require more than a 12-
(preferred) to 18-inch overcut where beneath tree #7's canopy.
7. The permanent and temporary drainage design, including downspouts, should not
require water being discharged beneath the canopies.
8. Per Section 29.10.1000(C.1) of the Ordinance, a copy of this report (or a revised
version) must be incorporated into the final set of project plans, titled Sheet(s) T-l, T-
2, etc. (Tree Protection Instructions), and referenced on all site-related plans (e.g.
Sheets 1 and 4, as well as any landscape plans).
9. Section 29.10.095 of the Ordinance should be used as the framework for mitigating the
removal of trees. For replacement trees, their amount, species and size shall be
determined by the Parks and Public Works Department, and planted prior to final
inspection. They must be double-staked with rubber tree ties and all forms of irrigation
shall be of an automatic drip or soaker hose system placed on the soil surface and not
in a sleeve.
10. The proposed landscape design should conform to the following guidelines:
a. New plants should only be installed at least three feet from the base of the redwood
trunks.
b. Irrigation for new plant material should be of a drip-type system and not applied
within one-foot from the trees' trunks.
c. Trenching for irrigation or lighting should be avoided beneath the canopies. If
necessary, they should be routed in a radial direction to the trunks.
115 M Santa Cruz Avenue, Los Gatos Page 4 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered ConsultingArborist September 21, 2007
d. Stones, mulch and fencing should not be placed against the trunks of existing or
new trees. Plastic ground cover should also be avoided beneath canopies.
e. Tilling beneath canopies should be avoided, including for weed control.
f. Bender board or other edging material proposed beneath the canopies should be
established on top of existing soil grade (such as by using vertical stakes).
4.2 Protection Measures before and during Consuction
11. Due to the close proximity of activities among trees, an ISA (International Society of
Arboriculture) certified arborist and/or a member of ASCA (American Society of
Consulting Arborists) - to be named the "project arborist" - should be retained by the
applicant or owner to assist in implementing and achieving compliance with all tree
protection measures.
12. Prior to any demolition or site clearing work, a pre-construction meeting should be
held on-site with the project arborist and contractor to discuss work procedures,
protection fencing locations and types, limits of grading, staging areas, routes of .
access, supplemental watering, mulching, locations for equipment washing pits, and
any other applicable tree protection measures. The limits of grading should be staked
prior to the meeting.
13. Tree protective fencing shall be installed prior to any demolition, construction,
trenching or surface scraping, and its precise location must be determined and its
placement approved by the project arborist. The material used shall be in accordance
with Section 29.10.1005 of the Ordinance and approved by the project arborist.
14. Unless otherwise approved, all development activities must be conducted outside the
designated protected areas and off unpaved areas beneath the canopies of Ordinance-
size trees inventoried and not inventoried for this report. These activities include, but
are not limited to, the following: demolition, grading, stripping of topsoil, trenching,
equipment cleaning, stockpiling/dumping of materials, and equipment/vehicle
operation and parking.
115 N. Santa Cruz Avenue, Los Gatos Page 5 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Convulting Arborist September 21, 2007
15. Prior to commencing work, I recommend a six-inch layer of coarse wood chips (i/4- to
3/a- inch in size) is manually spread on unpaved soil beneath tree 47's canopy,
excluding where within 12 inches from the building footprint (the wood chips should
not be piled or placed against the trunk). The wood chips should remain throughout
construction (and possibly beyond), and must not be placed against the trees' trunks.
These wood chips can be obtained from tree service companies and/or by contacting
www.reuserinc.com. Plywood can be placed on top of the wood chips (but not against
the trunks) and tied together to create a sturdy walking surface.
16. Any approved activity required on unpaved areas beneath the trees' canopies must be
performed under the knowledge and direction of the project arborist. All work should
be manually performed using hand tools and wheelbarrows. In the event roots of two
inches and greater are encountered during the process, the project arborist shall be
consulted.
17. In the event any piers or post-holes are dug beneath the canopies, their locations should
be first reviewed with the project arborist. The first 2.5 to 3 feet below existing grade
should be dug using a post-hole digger. If roots >2 inches in diameter are encountered
during this process, the hole should be resituated to either side. If no root is found, the
remaining section of hole can be mechanically drilled using a manually-operated auger.
18. All existing, unused lines or pipes beneath the canopies of retained trees (and beyond
the proposed home) should be abandoned and cut off just below existing soil grade.
19. Each recommendation presented within Section 4.1 of this report and applicable to the
actual development of the site shall be followed.
20. Throughout development, supplemental water should be supplied to the retained trees;
the project arborist shall determine the specific trees, intervals, amounts and
application methods.
115 N. Santa Cruz Avenue, Los Gatos Page 6 of 7
Town ofLos Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
21. All river rocks piled against and near tree #7's trunk should be immediately pulled
away by hand.
22. The pruning of trees shall be performed prior to construction, in accordance with ANSI
A300-2001 standards, and by a California state-licensed tree service company that has
an ISA (International Society of Arboriculture) Certified Arborist in a supervisory role.
23. All equipment shall be positioned to avoid the trunks and branches of trees. Where a
conflict arises, the project arborist must be contacted to help address the situation.
24. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited
beneath canopies or anywhere on site that allows drainage beneath canopies.
Herbicides should not be used beneath the trees' canopies; where used on site, they
should be labeled for safe use near trees.
Prepared By Date: September 21, 2007
David L. Babb4RC
y r t censyr~,}
Y
115 N. Santa Cruz Avenue, Los Gatos Page 7 of 7
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist September 21, 2007
EXHIBIT A:
TREE ENVENTORY TABLE
115 N. Santa Cruz Avenue, Los Gatos
Town of Los Gatos Community Development Department
TREE INVENTORY TABLE
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Pittosporum
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9
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Low
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Comments: At least 50-percent of canopy is dead. Tree appears beyond recovery and continued decline is expected.
Holly Oak
2 (Quercus ilex) 16 35 75% 50% Fair Moderate 2 - X
Comments: Significant damage to overhead limbs.due to vehicles.
Holly
3 Oak -
3 (Quercus ilex) 25 35 50% 75% Fair Moderate - FX X
Comments: Significant damage to lower trunk. Canopy is sparse.
Coast Live Oak T 4 (Quercus agrifolia) 1 6 75% 75% Good Low 2 - X
Comments: Tree is newly planted and has a low-growing structure that significantly encroaches. If pruned to alleviate
this conflict, most of the cano y would be removed. Tree is not suitable and should be removed.
Canary Island Date Palm
5 (Phoenix canariensis) -22 25 100% 100% Good Moderate X
Comments: Tree has approximately 35 feet of brown trunk feet. Trunk diameter is an estimate due to limited access.
Coast Redwood
6 (Sequoia sempervirens) 15.5 20 100% 25% Poor Low - X
Comments: Rocks are piled against lower trunk. There is an indentation on the trunk's bottom east side, a defect
symptomatic of a girdling root. The root area should be examined for safety reasons.
Coast Redwood
7 (Sequoia sempervirens) 21.5 25 100% 100% Good High 1 -
Comments: Rocks are also piled against trunk.
Pittosporum
8 (Pittosporum eugenioides) 14 20 25% 50% Poor Low X
Comments: Tree is dying as most of the live foliage is absent.
Pittosporum
F9 (Pittosporum eugenioides) 6.5 15 25% 50% Poor Low - X
Comments: Canopy is significantly sparse.
Pittosporum
10 FPittosporum eugenioides) 10 30 50% 54% Fair Low X
Comments: Tree contains large deadwood.
Site: 995 N. Santa Cruz Avenue, Los Gatos
Prepared for: Town of Los Gatos Comm. Develop, Depart.
Prepared by: David L. Gabby, RCA September 21, 2007
David L. Babby, Registered Consulting Arborist September 21, 2007
EXHIBIT B:
SITE MAP
115 N. Santa Cruz Avenue, Los Gatos
Town of Los Gatos Community Development Department
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EARRI E D. GATE
and ASSOCIATES
Horticutural Consultants
23535 Summit Road
Los Gatos, CA 95033
408/353-1052
A RECOMMENDATION FOR TREE REMOVAL AT
THE TREVESE RESTAURANT
LOS GAT®S
Prepared at the Request of:
Mr. John Lien, Architect
196 College Avenue
Los Gatos, CA 9503
Site Visit by:.
Barrie D. Coate
Consulting Arborist
July 24, 2007
Job #07-07-120.
ii
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rOVV lv orCG~
EXHIBIT 15
A RECOMMENDATION FOR TREE REMOVAL AT THE TREVESE RESTAURANT, LOS GATOS
Assigurnent
On Tuesday, July 24, 07, I met Mr. Lien at the Trevese Restaurant, at 115 N. Santa Cruz Avenue,
Los Gatos, to inspect a coast redwood (Sequoia servtpervirens 'Soquel') that is one of a pair in the
front garden of this restaurant.
The goal was to determine whether the tree was structurally sound or presents a potential for
failure.
The question was raised because the site in which this tree stands is needed for construction of a
small building.
Observations
The tree in question is a coast redwood (Sequoia sempervirens 'Soquel') of 16-inch DBH
(diameter at 4.5 feet above grade) a height of approximately 50 feet and a branch spread of
approximately 15 feet.
The tree is in excellent health but unfortunately has been adversely affected by 4 to 8 inch river
rocks piled directly against its base when the tree was planted and subsequently has grown around
the rocks as it matured.
In addition, the tree has a girdling root of 3-inch diameter at approximately 8 inches below soil
grade.
Although there are four buttress roots growing on the north and west sides of this trunk above this
girdling root there are no large buttress roots on the east side opposite the existing buttress roots
and as a result there is no structural support for the tree on its east side.
Further, landscapers have piled 6 to 8 inch river rocks tightly against the trunk and as a result the
tree has grown around these rocks causing severe deformity in the root buttress area further
damaging the root buttress structure that is the essential support of the tree.
This tree is extremely healthy due to its vigorous supply of vascular tissue on the north west side
but considering the total lack. of structural support on the east side I would consider this tree as
potentially structurally unsound.
Conclusion
Based on this very unfortunate set of circumstances I recommend removal of this tree irrespective
of planned construction.
Respectfully submitted,
Barrie D. Coate
BDC/s1
Enclosures: Assumptions and Limiting Conditions
Pictures
PREPARED BY: BARRIE D. COATE, CONSULTING ARBORIST JULY 24, 2007
BARRI E D. COA,TE
and ASSOCIATES
Horticutural Consultants
23535 Summit Road
Los Gatos. CA 95033
408!353-1052
=-i
Definifloms of Terms
Tree Canopy - (Tree Crown.) - Consists of all portions of the tree bearing foliage. Commonly applied
to activity beneath the canopy, also defined as the area inside the drip-lire.
Drip-line - The line described on the ground directly below the outer edge of the tree canopy.
The area between the drip line and the tree trunk contains the majority of the absorbing root tips. Many
more are found beyond this line.
Root Kass - The portion of the tree which supplies water and minerals to the foliage crown (absorbing
roots) and which provides structural support for the crown (secondary roasts).
Root Protection Zone Nominally, the area beneath the canopy plus 50% the radius of the canopy on
any given side of the tree (a 40 foot diameter canopy with a 20 foot radius has a.30 foot wide root
protection zone on any side of the tree).
Branch Attachment - The joint at.which limbs or branches join the trunk or limb from which they
originate.
Co-dominant )!,ceder - A marrow branch attachment most commonly seen where an upright branch is
competing with the. natural leader or inhere two or more vertical truraks are joined. When they are of
similar or equal diameter, a danger of one of therm breaking out is created.
Inclined. Bark - A condition created when., co-dominant leaders each produce bark in the narrow
crotch, compounding the problem of poor attachment, and often leading to break=age.
Absorbing Root 'l'ips - The roots produced in the upper 2 to 3 feet of soil which absorb water and
minerals. The most effective ones are found in 'the top 2-inches if a mulch is maintained on the soil
surface.
Mulch - Any material which insulates the soil surface. Organic mulches are preferred since they,
decompose to increase the hurzzic acid content of the soil, but rock mulches are better than no mulch,
and allows leaves to be blown off their surface-
Stub-cutting - Removal of a limb. or branch end at a point where no branches emerge. This is a
destructive procedure.
Drop-crotch Pruning - Removal of the end of a branch back to a side branch of at least 50% the
diameter of the portion removed (a 4-inch diameter branch cut back to a 2-inch or larger diameter side
branch).
Lion's Tail Pruning - Excessive thinning of the interior branches and twigs, leaving foliage only at
the ends of long, often poorly tapered limbs. This procedure is destructible.
; f
RRI E D. COATS
N ~ h
I
and ASSOCIATES
fy.
Y
I
HorGcuturaiconsultants
23535 Summit Road
r Z, £ f~s2 :
Los Gatos, CA 35033
408!353.1052
1. Any legal description provided to the appraiser/consultant is assumed to be correct.
No responsibility is assumed for matters legal in character nor is any opinion rendered as to
the quality of any title.
2. The appraiser/consultant can neither guarantee nor be responsible for accuracy of
information provided by others.
3. The appraiser/consultant shall not be required to give testimony or to attend court by reason
of this appraisal unless subsequent written arrangements are made, including payment of an
additional fee for services.
4. Loss or removal of any part of this report invalidates the entire appraisal/evaluation.
5. Possession of this report or a copy thereof does not imply right of publication or use for any
purpose by any other than the person(s) to whom it is addressed without written consent of
this appraiserlconsultant.
6. This report and the values expressed herein represent the opinion of the
appraiser/consultant, and the appraiser's/consultant's fee is in no way contingent upon the
reporting of a specified value nor upon any finding to be reported.
7. Sketches, diagrams, graphs, photos, etc., in this report, being intended as visual aids, are
not necessarily to scale and should not be construed as engineering reports or surveys.
8. This.report has been made in conformity with acceptable appraisal/evaluation/diagnostic
reporting techniques and procedures, as recommended by the International Society of
Arboriculture.
9. When applying any pesticide, fungicide, or herbicide, always follow label instructions.
10. No tree described in this report. was climbed, unless otherwise stated. We cannot take
responsibility for any defects which could only have been discovered by climbing. A full roo
collar inspection, consisting of excavating the soil around the tree to uncover the root collar
and major buttress roots, was not performed, unless otherwise stated. We cannot take
responsibility for any root defects which could only have been discovered by such an
inspection.
Arborists are tree specialists who use their education, kno'wledge, training, and experience to
examine trees, recommend measures to enhance the beauty and health of trees, and attempt to
reduce risk of living near trees. Clients may choose to accept or disregard the recommendations
of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree.
Trees are living organisms that fail in ways we do not fully understand. Conditions are often
hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or
safe under all circumstances, or for a specified period of time. Likewise, remedial treatments,
like medicine, cannot be guaranteed.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some
degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees.
Barrie D. Coate
iSA Certified Arborfst
Horticultural Consultant
A Recommendation For Tree Removal
At The Trevese Restaurant
Los Gatos
Prepared By: Barrie D. Coate, Consulting P.rborist
Photo I - The tree in question.
I Photo 2 - River rocks were piled around
it when it was installed.
July 24, 2007
A Recommendation For Tree Removal
Al The Trevese Restaurant
Los Gatos
ie. Z . ``A . .
fi Photo 3 - A girdling root.
Photo 4 - A deep indentation in the bless.
FT 77711 -N
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Prepared By: Barrie D. Coate, Consulting A- borist July 24, 2007
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408)..3:54-6872
SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR
FEBRUARY 8, 2006 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 1t0
EAST MAIN STREET, LOS GATOS, CALIFORNIA.
The meeting was called to order at 4:30 P.M.
ATTENDANCE
Members Present: Absences:
Diane McNutt None
Joe Pirzynski
Lee Quintana
Stephen M. Rice
Joanne Talesfore
Staff Present: Bud N. Lortz, Director of Community Development; Randy Tsuda, Assistant
Community Development Director; Debra Figone, Town Manager; Danielle Surdin, Economic
Development Manager and Sandy Baily, Associate Planner.
Public Comments: Ray Davis provided comments on Item 2 encouraging applicant to continue
to get additional comments on the project to proceed through the process.
TI`EM 1: 115 N. Santa Cruz Avenue
Conceptual Development Application CD-06-05
Requesting preliminary review, of plans to convert an existing fine dining
restaurant into a smaller fine dining restaurant with retail on the first floor and two
residential units on the second floor, add a retail space on the ground floor and a
residential unit above (for a total of three units) and to convert the existing
parking lot which fronts on Wilder Avenue to a residential lot, on properties
zoned C-2:LHP and R-1D. 510-17-065 and 071
PROPERTY OWNER: LCHLN, Inc
APPLICANT: Grant S edgwick
Comments:
1. Residential use on Wilder Avenue has merit, if parking issues can be -worked out.
2. Proposed addition at front may detract from the historic building.
3. Access and parking for residences on the second floor is a concern.
4. Purchasing of parking credit is a concern.
5. Ensure an architect or designer skilled in historic preservation/construction is hired
to work on project.
6. The proposed addition and the multiple uses creates an intensity issue.
EXHIBIT 16
7. There is no compelling reason to allow additional floor urea.
8. Mixed use is appropriate; however, residential uses over the restaurant may be
incompatible due to noise and odor issues.'Office or B&B might be a better
solution.
9. Do not relocate house. Maintain the existing setback.
10. Too many uses proposed for this site.
11. A home on Wilder Avenue may impact the existing tree.
12. Historic character of structure is important to maintain.
13. Addition will further reduce visibility of the house, exacerbating the problem
created by the adjacent bank property.
14. Site is underutilized and needs to be brought back to landmark status.
15. Proposal must be innovative, creative and excellent in design.
16. Parking resource on Wilder Avenue is a benefit to the Town.
17. Parking requirement should be met without purchasing parking credits.
18. A large dinner house can be a draw.
ITEM 2: 16245 Burton Road
Conceptual Development Application CD-06-06
Requesting preliminary review of plans to demolish a single family residence and
to construct a new child development center for up to 200 children on a 37,898
square foot parcel zoned R-1:8. APN 424-06-115.
PROPERTY OWNER: Barry Swenson Builder
APPLICANT: Future Assets Child Development
Comments:
1. There is a definite need for child care facilities in Town, but this is not the right site
2. Concerned about piecemeal development in the North 40.
3. Parking, traffic circulation and drop offs areas are concerns.
4. Noise and air pollution from highway could impact children.
5. Use is too intense.
6. Timing of project is premature under the North 40 Specific Plan as completed.
7. Based on General Plan, there'should not be development in North 40 until the
infrastructure is available.
8. 'T'here is a possibility that Burton Rd will be the major arterial to future
development in the North 40. This use would be impacted by conversion of Burton
Rd to an arterial.
ADJOURNMENT: Meeting adjourned at 5:35 p.m. The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, March 8,
2006.
Pr aced b
C
Bud N. Lortz, Director of Comi_-nunity Developiinent
cc: Planning Commission Clair
T,1:ADTV\CD,^ C\MIJVCTFS\2006\2-8-06.tr i n_wpd
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6872
SUMMARY MINUTES OF A REGULAR MEETING OF THE GENERAL PLAN
COMMITTEE OF THE TOWN OF LOS GATOS FEBRUARY 28, 2007 HELD IN THE
TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS,
CALIFORNIA.
The meeting was called to order at 5:35 pm by Chair Jane Ogle.
ATTENDANCE
Members present: Joe Pirzynski, Barbara Spector, John Bourgeois, Tom O Donnell, Marcia
Jensen, Jane Ogle, Joanne Talesfore and Margaret Smith
Members absent: Barry Waitte
Staff present: Sandy Baily, Associate Planner
Commission present: Barbara Cardillo, Community Services Commission
VERBAL COMMUNICATIONS:
None
ITEM 1 115 N. SANTA CRUZ AVENUE AND 112 WILDER AVENUE
Smith stated for the record that she lived and owned a business within 500 feet of the subject
property and recused herself from the meeting.
The Committee considered a request to amend the General Plan Designation from Medium
Density Residential to Central Business District and change the zone from R-1D:LHP to C-
2:LHP for a portion of the parking lot parcel. Baily discussed the proposal which encompassed,
numerous other applications for the site which included land use changes and new construction.
O'Donnell moved to recommend approval of the General Plan amendment and Zone Change
subject to the approval of the other applications associated with the entire project. Bourgeois
seconded. Motion passed 7-0 with Smith recused.
Smith returned to the meeting.
EXHIBIT 17
2. An architectural element, lattice garden structure similar to the design that currently
exists, or other feature should be added at the front elevation at the largest expanse of the
wall to break up the wall.
This action is an interpretation and is not appealable.
ITEM 3: 115 N. SANTA CRUZ AVENUE
The Committee considered revised plans to construct two new detached commercial buildings
and to modify the exterior of the existing commercial building on property located in the
Commercial Historic District. Burch moved that their previous direction to proceed to the next
step with the following comments were still applicable:
1. Two detached structures are acceptable.
2. The southern structure should be redesigned to be more subservient (regarding style, scale
and mass), to the mansion.
3. Consider a more transparent building.
4. The context of the mansion shall be protected.
5. The proposed exterior staircase on the mansion is recommended for approval
Pacheco seconded, motion passed unanimously.
ITEM 4: OTHER BUSINESS
a. 114 Whitney Avenue - Representative was not present. No discussion.
b. 46/48 Broadway - The Committee considered preliminary plans to restore a single
family residence. The Committee was very favorable with the proposed changes.
The Committee commented that the elongated character of the windows should be
maintained. Architectural detailing and building materials will also be important to
include on the plans.
Cowan recused himself from the next item since he lives within 500 feet of the property.
c. 146 Tait Avenue - The Committee considered preliminary plans to add onto and
remodel a single family residence. The Committee expressed concern with the bulk
and mass.
Cowan returned to the meeting.
d. 130 Massol Avenue -The Committee discussed ideas for an addition to a single
family residence. The Committee stated that the house was well preserved and was
the most original folk Victorian style house on the street.
e. Possible meeting date change for the October meeting - Item dropped.
EXHIBIT 18
2.-00
Dear Planning Commission,
Please safe guard our Town Treasure, the Coggeshall Mansion. Do not approve any
structures to be built in front of the mansion. It is your responsibility to protect our
treasures for present and fixture generations. The Coggeshall Mansion needs to be seen
in fall view not through a peep hole. Please deny the plans to build 2 structures on the
front lawn of the Coggeshall Mansion by Mr. Sedgwick.
Sincerely, C W
Kathy Anderso
~ JAN 08 11,08
'OWN C)" L','; OS
r~ PLANNING G u oiG J
EXHIBIT 19
. IVE
DEC 7 2007
TOWN OF LOS GATO;--
PLANNING DIVISION
7- 'Ile
/I~,12
c
r ~ r
M
('I2103/20GV Sandy Baiiy - Poor Ypian for .truct~on at the Gnggeshaii Mansion Pa e '
From: Charlene Lebowitz <Iebowcha@garlic.com>
To: <manager@losgatosca_gov>
Date: 11/20/2007 8:27 PM
Subject: Poor plan for construction at the Coggeshal) Mansion
I was shocked and disappointed to read about the planned construction on the
front lawn of the Trevese Restaurant. This is a beautiful and historic
building that helps to make downtown Los Gatos unique. This construction
would certainly detract from the ambiance in Los Gatos as well as at
Trevese.
I would like to register my feelings about this with the Los Gatos Planning
Commission. Could you please tell me how to contact them?
Thank you,
Charlene Lebowitz
(1010812007) Sandy Baiiy- Re: Stop Santa t f Wilder, LLC
From: Barbara Spector
To: pauljohannessen@comcast.net
CC: Pamela Jacobs
Date: 10/0512007 8:33 AM
Subject: Re: Stop Santa Cruz Wilder, LLC
Dear Mr. Johannessen,
Thank you for bringing your concerns to my attention. I would urge you and all interested parties to
remain involved with the process by attending any neighborhood, planning commission and/or town
council meetings. By copy of this email, I am advising the town's Interim Town Manager of your issues
Sincerely,
Barbara Spector
"Paul Johannessen" < pauljohannessen @com cast. net> 10105/07 7:13 AM
Dear Vice Mayor Spector:
Santa Cruz Wilder, LLC is proposing to make several changes to their
properties at 115 North Santa Cruz Avenue and 112 Wilder Avenue. They
propose, among many things, to add two small retail structures (so-called
kiosks), one 600 and square feet and the other 1,000 square feet fronting
North Santa Cruz Avenue and to convert a portion of the existing parking lot
to a site for a new single family home and eliminating vehicle access from
Wilder Avenue.
I strongly object to these two proposed actions by these real estate
developers posing as restaurateurs. One the many charms of the Coggeshall's
Queen Anne Victorian is the expanse of its front yard. The two kiosks would
destroy this unique setback. Also, the on-street parking among registered
residents in the "100" block of Wilder Avenue is already very competitive.
The introduction of a new residence at 112 Wilder and possibly multiple new
automobiles to the neighborhood will only make a bad situation worse.
Besides, I thought the Town Council usually requires a new business to
demonstrate how they will add parking spaces not remove a dozen or more.
Please stop these money grubbing speculators from ruining my neighborhood
Thank you for your consideration,
Paul Johannessen
123 Wilder Avenue
354-3719
P.S. Grant Sedgwick, Manager of Santa Cruz Wilder, LLC will be holding a
so-called neighborhood meeting on October 13, 2007 at Trevese Restaurant
from 10:00 AM until 11:30 AM to discuss their proposals.
Daniel Rees
33 College Avenue RECEIVE'"
> ~..r
P.O. Box 1728
Los Gatos, California 95031
May 5, 2007 MAY - $-200/
TOWN OF LO . C,ATO
PLANNING U.'VII&O N
Town of Los Gatos
110 East Main Street
Los Gatos, California 95030
Attention: Planning Department
Dear Respected Planners:
This letter is in regards to the proposed alteration to the. Cogshell
.Mansion located at 113 North Santa Cruz Avenue. The current'
property owner; Mr. Grant Sedgwick, has proposed placing retail.
kiosks on the front:lawn of the property. , I am very much opposed to
the construction of.any additional structures on the Santa: Craz
Avenue exposure of the property. The addition of any additional
development would detract not add to the interest of the Cogshell
Mansion.and create an amusement park ambiance.
'It should be noted that the Cogshell Mansion is a historic asset to the
community and the integrity .and the interest of the property should be
preserved.
It is stated in the article appearing_in the Los Gatos Weekly News
'Tuesday May 1, 2007) that there is no-indication of the type of
businesses that would occupy the proposed retail kiosks.
Mr.'Sedgwick has mentioned that he is-.proposih office space,for the
second floor of the building and if the structure is not altered in nay
noticeable way I see no reason to oppose that change.
A proposed. development. of the adjacent parking lot on Wilder Avenue
for a residential use is logical and intelligent land use and will be
compatible with the neighborhood environment.
It is my strong opinion that the proposed kiosks be given a negative
declaration and the proposed construction of the kiosks be denied.
Thank your for reviewing my letter and understanding my concerns.
ours,
Daniel Rees
Cogshell Mansion
Proposed Residential
Building Site
Wilder avenue
NO
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
los cajos Meeting Date: January 23, 2008
PREPARED BY: Sandy L. Baily, AICP
Associate Planner
APPLICATION NO.: Negative Declaration ND-07-10
Subdivision Application M-07-005
General Plan Amendment GP-07-01
Zone Change Z-07-001
Architecture and Site Application S-07-019
Conditional Use Permit U-07-020
Variance Application V-07-01
LOCATION: 115 N. Santa Cruz Avenue and 112 Wilder Avenue. 115 N. Santa
Cruz is located on the west side of N. Santa Cruz Avenue
approximately 175 feet north of Bean Avenue. 112 Wilder Avenue is
located on the east side of Wilder Avenue approximately 150 feet
north of Bean Avenue.
APPLICANT: John Lien
PROPERTY OWNER: Santa Cruz Wilder, LLC
CONTACT PERSON:
APPLICATION
SUMMARY:
Grant Sedgwick, (408) 655-9296
Requesting approval of 1) a lot line adjustment, 2) a General Plan
amendment from Medium Density Residential to Central Business for
a portion of the parking lot parcel, 3) a zone change from R-1D:LHP
to C-2:LHP for a portion of the parking lot parcel, 4) conversion of an
existing fine dining restaurant into a smaller fine dining restaurant on
the first floor and office space on the second floor, 5) two new
detached commercial buildings, 6) modification to the exterior of the
existing commercial building, and 7) conversion of the existing
parking lot which fronts on Wilder Avenue to a residential lot, on
properties zoned C-2:LHP and R-ID:LHP. No significant
environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APN 510-17-
065 and 071
EXHIBITS: 1-20 Previously Submitted
21. Letters from the public:
Claudia Mann (one page), received January 22, 2008
Ron Martino (one page), received January 22, 2008
Larry Justo Arzie (two pages), received January 22, 2008
ATTACPMENT 8
Planning Commission Staff Report - Page 2
115 N. Santa Cruz Avenue
January 23, 2008
Carol Carlson (one page), received January 23, 2008
Ronald Tate (one page), received January 23, 2008
REMARKS:
Attached is additional correspondence from the public regarding the project (Exhibit 21).
The following condition should be modified as follows for the Architecture and Site application.
The change is in italics.
APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the approved plans. Any changes or
modifications made to the approved plans shall be approved by the Planning Commission,
Development Review Committee, Director of Community Development or the Historic
Preservation Committee, depending on the scope of the change(s).
To ensure that the windows in the proposed buildings are not blocked to display merchandise,
the following condition should be added to the Architecture and Site application.
WINDOWS. The windows in the new buildings shall not be obscured in any way nor shall any
material(s) or object(s) be affixed in any matter to the inside or outside surfaces of the glass, with
the exception of allowed window signage.
Prepared y.
Sandy L. Baily, Associate Planner
BNL:SLB:mde
Approved by:
Bud N. Lortz, Director of Community Development
N:\DEV\REP0RTS\2008\ 115nsc. dsk. doc
Planning Commission January 2:,2008 N 2 2 2008
Re: 115 N. Santa Cruz Ave.
TOVVP R G'F LOS Ca/~TU CLERK DEPARTIMENT
Dear commissioners, _
I am very concerned with the proposal for adding 2 new building in front of this
historical mansion. People come to Los Gatos to shop because of the overall ambiance
and not just to buy goods.' It is a total shopping experience for them not just a chore.
By changing the look of tt heritage property we would be giving up a quality of life
~Te woxked so hard to maintain, and lesson the exp eriencc to ow customers who Inay
just not come back. I see no enhancement in doing this to this property, We have
the real thing sitting there with no need to attempt to make it better. It is part of our
heritage that needs to be preserved and we must put a stop to any development
pressures to change it.
It is not easy to shop in Los Gatos with all the restaurant and personal service usages
taking up parking. To eliminate the parking lot for this project at this point of time is
inconceivable and only benefits the developer not the con =tmitty, To do this may
have been originally suggested by the general plan committee but it was part of a ten
year plan. oaf which 2 new public parking facilities were to have been built. This has
not been accomplished yet so please don't cozzfczse the issue. They did not suggest we
eliminate this lot without replacing it with new spaces.
1 am sure some sort of compromise can be worked out for everyone but in the
meantime as a merchant and neighbor I respectfully request you send this project
back to the drawing board until it provides some sort of community benefit.
Sincerely,
Claudia Mann
The Maids Quarters
=IBIT 21
I N
T
E
R 1
O
R
S
To: Town of Los Gatos Planning Commission From: Ron Martino
JAN
2 2 2006
622 University Am! .
Los Gatos, CA 9 32
Phone. 4o&3 941 ExTi301/1'4 C-'W::._ Jt:, G',A i OS
Fax 4W395817 CLERK DEPARTMENT
W
ron@marfinointedors.com
Fax: 408-354-8431 Date: 1.22.08
Phone: Pages. 1
Re: Coggeshall Mansion Development Plans CC:
0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle
-Comments,
I am the owner of the property at 111 N. Santa Cruz Avenue, adjacent to the Coggeshall
Mansion. I support, in general, the development of small buildings in the front of the
Mansion; however, I have concerns about the design and scale of the buildings.
1 feel that the architecture of the new structures should be more appropriate for the Victorian
building they front. They should more closely emulate the Mansion, the materials and design
of the new buildings should not make them appear as heavy and out of character as the
proposed design suggests.
I am also concerned that the larger proposed structure on the south side of the property is
overscaled for the site; it conceals too much of the old building. Perhaps a lighter
architectural design Victorian conservatory?) might allow the proposed building size to not
dominate the site and the Mansion it fronts.
Sincerely,
V
Ron Martino
Planning Commission.
Re: 115 N. Santa Cruz Ave.
General Plan Notes
General plan STA
from Increasing d+
the fabric of the comm
is an oasis of calm",...
two Kiosks. I like the axchi
without the brick to create r
period. is this project comp
prpj the loss of the parki
G.P. Statement:.Requ,
RECEIVED
JAN 2 w 2008
TOWN OF LOS GATOS
f~Lh.f~i~~~r.i~ i~lti/~S►Ota
0
-Z/
NT:Residents want to protect this community
nent pressures ...................It should fit into
ity and enhance the quality of life. "Los Gatos
like the original description by the developer of adding
`ure, sort of, and wish it was only made of glass and steel
e of a conservatory greenhouse look befitting to the.
)le to the general plan statement? In looking at the overall
alone does not enhance the quality of life.
s support of its neighbors and surrounding
owners. Has this been achie
G.P. Statement: Must p
of the visible historical re
CD.I,3.2 IMPACTS ON 4
projects shall consider any ad~
vicinity of the proposed proj4
I.4."Mu3t further the g '
the general plan and see if it
T.P.I.6 CIRCULATIQ
that we avoid major increases
proposal. Santa Cruz ave is
by a project it needs tWo be mit
addition of two street front st
for a parking space or con~ng'I
space makes matters even, we
come and stay to work or co
the restaurant usage it was bel
requiring remedy.
T..I.1.2 Speaks to a PROJE
parking, Staff most likely wit,
that with the loss of approx 2(
new office spaces there is deft
circulation and parking patters
T.G.6.1 and more r+elew
for existing and proposed use:
neighborhoods. I realize the
supercede but a new projects.
neighboring residential distric
parking and what I will guess
eserve small town character. This is one of the last
Cations of the Town Character.
1HISTORICA.L LANDMARKS .............".All
ease effect to historic landmarks and features on or in the
ts." How does this one impact this historic landmark?
t?} ib, of all elements of the +~Y." Lets review more of
les, as it doesn't so far.
This area spears to traffic =4 circulation and requires
street capacity along with remedies for any development
D for circulation and with any additional traffic caused
gated. With the loss of the projects parking facility and the
yes there is definitely more cars on the street either looking
to shop there. The conversion of the second story to office
Office space is single destination oriented and people
nand leave. 'I'bis is obviously an increase in usage from.
re. This would increase circulation to an E or r rating,
.T REVIEW if the project impacts circulation and public
say it does not impact anything. Logically we can assume
parking spaces and 2 or more new retail spaces along with
litely an impact to both the commercial and residential
itty T.G.6.4 and requires we provide adequate parking
to minimize impacts on surrounding residential
;BD has its own parking district and its conditions
ould be analyzed at a minimum for the ctTects on the
s. The loss of the parking lot will not provide adequate
rill be at loa3t 20 employees there at any given time will
FROM :DAVID/JUSTO FAX NO. :4003547042 Jan. 21 2008 06:40PM P2
neighboring residential distri , The loss of the parking lot will not provide adequate s
create a hardship on the ncig rhoods requiring us to chaoSe the ENTIRE Almm. d
Grove into residential parkin permits only instead of what we have. With the new
MEDICAL OFFICE COMPL X coming on line soon on AMAIN ! T.it will compound
mattem even wo"e, definitely increasing the street circulation to a E or F.
T.1.6.7, Protect downtotrn residential neighborhood from the
encroachment of downt#wn shoppers and employees. I think this section
says it all. Any development that is detrimental to the neighborhoods is unacceptable.
The existing lot is the keysto to this development. It keeps the cars where they belong.
It allows for dual use by the n 'ghbors while not in use. It keeps the status quo. Without it
,it compounds the parking *and created by the 2 new buildings.
Community design element.
CDY I.2 Promote, enha ice and protect the functionality and
appearance of the town commercial areas. CD.P.1.6 Avoid abrupt
changes and scale and d nsity. CD.L7 .........Trees.... maximize for
esthetics. Does this projeei protect the appearance of the area? Is the scale corroot for
the historic building? Does relmoving the tree add or detract from the aesthetics?
The palm tree and the redwoo4 need to be protected at all costs; they are both symbols of
many of our historical properties. Get a Second opinion from a town selected arborrist to
see if the Palm tree really has i vtten roosts. An equal, Palm tree can easily be replaced and
easily transplanted.
As I meutioued I' tike the idea' f putting Kiosks in front of this property. But they should
be Kiosks and not the size re d. if smallerthey will add to tlu charm and interest of
our C.B.D. We have numeroub and profitable stores between 300 and 500 sq. ft. To
approve the project as request d is charting new waters an rrmwn no~"t sure-you should be
creating land use policy by all wing this intensity of infill on Santa Cruz Ave. There are
numerous pro tes wt par inp facilities that you would be opening a oor to
allowing the same privilege to intensify, Instead of selling their parking lots they could
just build on them. This wool create chaos if we allowed.
When we joined the parking strict we were told we must declare all the square footage
we wanted put into the par>cing district and that after that we could- not add more
space.Gee how things change:
The Town has since added th concept of ghost parking spaces for higher usage to join
the district creating more into sificxtion but the situation of adding more square footage
other that what is under the roof has ;never come up before. This is classic robbing Peter
to Pay Paul, all smoke atad tmi~rors or creative reading of the rules. Reduction of space or
usage is not uncommon, The mith Hawken building gave up 1000 gq feet whey they
tore out the upstairs mezza nin . Napa Style lost 1500 sq. ft, when they removed thier
mezzanine space as well. Sho*ld they then be allowed to add a second stony to their
building and transfer parking 6redits7 Just because a property owners changes the use
from restaurant to office does dot mean they have the right to build more space without
providing parking. If this is Ot the rule then we need to change it
I
RECEIVED
JAN 2 2', 2008
TOWN OF LOS GATOS
70
January 23, 2008
Joanne Talesfore
Los Gatos Planning Commission
Los Gatos, California
Dear Joanne,
13ECEIVED
JAN 2 3 2008
TOWN OF LOS GATOS
PLANN!m-- m\fISION!
As yotn- neighbor in Los Gatos since 1965, 1 hope you will vote in favor of
saving the historical integrity of our downtown by voting against any
buildings in front of the Coggeshall Mansion. The view of the mansion has
already been compromised by the bank that was built next to it. I worry the
downtown will start looking like a shopping mall and not the unique town
we all know and love.
I also have concerns about our parking in downtown and feel that the
planning commission should not approve the building of a house on the
parking l of behind Trevese. It is a constant battle to find parldng when you
drive to dinner. That parking lot is always Rill.
Carol Carlson
Los Gatos
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DIVERSIFIED
DEVELOPMENT INC.
Sandy Bally
Senior Planner
110 E. Main Street
Los Gatos, CA 95030
~~y
C4 V
JAN 2 3 2008
TOWN OF LOS GATOS
Re: Letter In Support Of Application For Development Approvals
For The Property Located At 115 North Santa Cruz Avenue
City File Numbers M-07-005 And S-07=019 And Z-07-001
Dear Sandy Bally,
I own the mixed use commercial/office building at 22 South Santa Cruz Avenue
of which my development company (Tate Diversified Development) occupies the
entire second floor. I also reside in the City of Los Gatos at 16679 Madrone
Avenue. Therefore, I consider myself by all reasonable standards to be a very
informed and concerned citizen. I am always cautious whenever' someone wants
to do further development in our downtown commercial business district that
might negatively impact the parking. The developer has met with me and
presented me with a full explanation of this proposed addition to the existing
commercial as well as the anticipated development of the residential lot behind
the commercial. I feel that the small amount of the proposed new commercial
space as being proposed is tasteful and respectful of the historical nature of the
main commercial structure. I do not feel this minor amount of commercial will not
negatively impact the parking. I do feel that the proposed redevelopment of the
property will add to the City "Tax Base" without negatively impacting parking
while at the same time respecting the historic nature of the property.
I fully support this application and highly recommend approval of the proposed
redevelopment of the property.
Respectfully,
0
7d(Ron)~~
22 South Santa Cruz Ave.
Second Floor
Los Gatos, CA 95030
408.399.4950
408. 399.4960 fax
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a
INFORMATIONAL REPORT
115 NORTH SANTA CRUZ AVENUE
LOS GATOS, CALIFORNIA
PREPARED FOR THE
TOWN COUNCIL HEARING
7 APRIL 2008.
j UHN LIEN, ARCHITECT
A7 rACrr 9
OHN LIEN
ARC_ HITFCi
7 April 2008
Town Council
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95030
RE: 115 North Santa Cruz Avenue, S-07-019
Dear Council Members:
We have prepared this packet of information for your use in consideration of this
application. While most of the information contained herein is also in your staff
report it is our intent to focus your attention on the history of the review process
and the sensitivity of our proposal to the multitude of issues at stake.
When Grant Sedgwick, principal partner and long time Los Gatos resident, first
contacted me to discuss this project we spoke at length about the depth and
breadth of the issues that would be of concern to our community. I was
reminded of the physician's edict to above all "do no harm".
As an architect I have had the good fortune to practice my craft in this town, a
community that pre-dates the automobile. As a result of being spared from
"urban renewal" Los Gatos has a truly pedestrian downtown, a downtown
worth protecting. I have lived here since 1973. In that time I have never brought
an application before the town that I did not believe served the best interests of
the community. I have always kept in mind that winning can sometimes mean
losing, that unlike physicians we architects cannot bury our mistakes. I am
certain that approval of this application will not only do no harm but will in fact
preserve and reinforce the values this community holds dear.
Sincerely,
Lien
190 ~r4> ..,~3kt NOS) o NOS) isEI(,i)?j) ,9'l 5 -.},.r~<,,
C{). t'l;1 .~1(,tsiL.°, t ~131C,17'k° Z{. a!
INDEX
OWNER'S STATEMENT
SALIENT POINTS:
HISTORIC PRESERVATION COMMITTEE
CANNON DESIGN GROUP
STAFF REPORT
PLANNING COMMISSION REVIEW
INADEQUATE CONSIDERATION
ILLUSTRATIONS IGNORED
Plaza Plan
View Analysis
Streetscape Elevation
Color Board
CLOSING STATEMENT
0
OWNER'S STATEMENT
Grant Sedgwick prepared these talking points for our presentation to the planning
commission. I include them here because I believe they are more compelling, and
especially illustrative of his understanding of the nature of the project we propose,
than they would be if summarized in a 5-minute verbal statement. In his own words:
• My partners and I are completely respectful of both the historic and architectural
significance of the Coggeshall Mansion. You will know Mark DeMattei, as one of the
most highly regarded builders of quality homes in the Bay area. The others, Jeff
Hoffman and Rob Moore, are local real estate professionals, recognized by their peers
for both integrity and accomplishment. As the company manager, my qualifications
include a number of landmark historic rehabilitation projects, from One Market Street
in San Francisco to the Hayes Mansion Conference Resort in San Jose. My own home
on Hernandez Avenue is about 90 years old and was extensively renovated four years
ago with restraint and good taste, according to my neighbors.
• Grand old buildings do not survive and thrive without continuing investments by
their owners. With changing times, appropriate land uses evolve and shift as well.
Any number of examples can be found locally. One good example the San. Jose post
office which has been renovated - and expanded - to house the San Jose museum of
Art. Or the Hayes Mansion, once a grand estate, then a half way house and police
training facility, finally renovated - and expanded - to house a significant conference
center.
• Some of you, we hope, have had an opportunity to visit Restaurant Trevese which
so stylishly occupies the old home of the Charthouse. This new addition to the Los
Gatos restaurant scene is attracting great attention throughout the region, as a
restaurant of real distinction - worthy of the important home it occupies. This is an
accomplishment of a partnership between Mike Miller, the executive chef, and Mike's
family and our company which completely shared his vision of excellence, and
invested in it.
• The Coggeshall Mansion was built as a private residence. Its use has evolved
through the years as a funeral home and dinner house. The next chapter of its history
is being written now. This chapter contemplates a mixed use environment of fine
dining restaurant, professional office and specialty retail uses.
• The proposed additions of two small retail buildings - the gatehouse and the
carriage house - will improve and enhance the setting of the historic residence. These
Sunset Magazine Idea House
Los Gatos, CA
Built by Mark DeMattei
Hayes Mansion Conference Resort
San Jose, CA
Co-Developed by Grant Sedgwwk (National Register of Historic Places)
OWNER'S STATEMENT
P. 2
buildings will help to define an intimate public space in front of the mansion - a
space to which all are welcome. As it now stands above the front lawn and fence, the
building is aloof from the sidewalk, almost forbidding. Its setting in the landscape
reminds the passerby of the funeral home it was for so many years. We want this
space to attract pedestrians, not repel them. • The new buildings themselves will be
much lower in scale with less architectural embellishment and greater transparency
than the historic structure. These attributes are very much intentional as we don't
want the new buildings to compete with the old for visual attention. They will be
occupied by retailers who demonstrate a similar commitment to excellence and good
taste as does Miller's Restaurant Trevese.
• Over the years, North Santa Cruz Avenue has also evolved - from a street of
stately mansions to one with a lively retail scene. Some blocks are more attractive
than others, though, to the pedestrian and shopper. The characteristics that make
one block stronger than another include the mix of retailers, to be sure, as well as the
absence of office uses, personal service businesses and financial institutions, on the
ground floor - and continuity. The addition of two small, high quality retail
establishments in this block will significantly improve the pedestrian experience
moving north on Santa Cruz Avenue.
• The south building (the Carriage House) will block the view of the later period,
one story addition to the Coggeshall Mansion. However, this portion of the structure
is not in any way historic and, to most observers, is not even attractive.
• Your Historic Preservation Committee has considered this proposal on three
separate occasions. The Committee recommended - and again confirmed - that the
addition of our two retail buildings was acceptable in the context of protecting the
historic structure provided the buildings were subservient in their design. The
Town's consulting architect has considered this proposal twice. The modified design
concept now before you incorporates the recommendations of Mr. Cannon's third
option in his April 20, 2007 report.
* Our comprehensive proposal, as you're aware, includes the net loss of 9 private
parking spaces to make way for construction of a new single family residence on
Wilder Avenue. The loss of parking spaces is completely offset, as planning staff has
reported, by the reduction of parking demand in the proposed mixed of uses.
Moreover, the replacement of a non-conforming commercial parking lot in an
otherwise completely residential block of Wilder Avenue has to be seen as the
reversing a bad land-use decision of years gone by. This was seen as a positive
improvement by members of the CDAC during its review of our project in February
2006.
• Renewal is an essential element of protecting and strengthening our unique
downtown environment. The economic demands of maintaining and improving a
120 year old building to meet the needs of modern commerce in a way that is
compatible with its contemporary neighbors requires creativity. This unique
proposal is creative. The reduction of intensity in the restaurant use (from a 200 seat
dinner house) makes possible the small, but important, retail additions. It also makes
possible the rearrangement of parking spaces so that a home can be built on Wilder
Avenue. This has an economic benefit, to be sure - one which will help fund the
extensive repairs required to the electrical, heating, air conditioning and plumbing
systems, roof, windows and floors of the Coggeshall Mansion.
SALIENT POINTS
The following are excerpts from the various reports prepared during the review of this
application. All of them are comments or conclusions that support the merits of our
project.
HISTORIC PRESERVATION COMMITME:
These comments are included in the action letter following HPC's review of September
19,2007:
"The committee stated that their previous direction to proceed to the next step with the
following comments were still applicable:
1. Two detached structures are acceptable.
2. The southern structure should be redesigned to be subservient (regarding style, scale
and mass) to the mansion.
3. Consider a more transparent building.
4. The context of the mansion shall be preserved.
5. The proposed exterior staircase on the mansion is recommended for approval."
The plans were revised to:
• Reduce the size of the southern structure.
• Change the siding from plaster to fancy-cut shingles matching the mansion,
including color.
CANNON DESIGN GROUP
In his second review of the project dated April 20, 2007 architect Cannon offered -4-
options for redesign of the proposal. Option 3 suggested the following:
1. Increase the size of the larger [southern] structure.
2. Decrease the size of the smaller [northern] structure.
The plans were revised as follows:
• Deferring to the concerns of HHPC we chose not to increase the size of the southern
structure but rather place some of its square footage behind the building and
retain its reduced presence on North Santa Cruz Avenue.
• The size of the northern structure was reduced and its plan re-oriented such that
its footprint extends to the back and the elevation facing the street is substantially
narrower.
• In his report Cannon also recommended that the roof of the south building be
revised, one of its two gable elements be removed and both of the proposed
skylights be removed. All of these recommendations were incorporated into the
plans.
STAFF REPORT
The staff report contains a variety of information and comments that favor approval of
this application. Most important among them:
SALIENT POINTS
P. 2
P. 5: Streetscape:
Staff recites marketing studies as follows:
"Marketing studies show that shoppers take about seven seconds to form an opinion
and lose interest when the continuity of the shopping experience is broken. Shoppers
tend to stop at this site, look down the street, notice the bank immediately on the north
side of the subject property, and turn around. Therefore, the restaurants and retail
establishments immediately after the bank and further down the street, are impacted by
the loss of shoppers.Staff believes that the area in front of the mansion could be
improved to be more inviting and designed to create an interest to enter the site to enjoy
the property and to create a public interest to continue north on Santa Cruz Avenue."
P. 13 / Summary:
Under item #6 staff states: "The two modest structures will frame the mansion. The
southern building could be deleted but staff believes it will improve the retail vitality of
the area and partially screen the non-historic addition to the mansion."
Under item #7 staff states: "The outdoor dining should also be more visible and the
plaza should be designed to incorporate seating areas and potentially two to three
historically designed push carts could be allowed to create vitality to the plaza that
would encourage pedestrians to enter the site. Providing visible activities and passive
areas, the site [plaza] will activate the site, strengthen the retail streetscape in
downtown, and promote pedestrian circulation."
We believe staff shares our vision. The following exhibits "Plaza Plan" and "View
Analysis" were prepared specifically to illustrate how the proposal addresses the points
made by staff. Also included is the requisite "Colors and Material Board" which in this
case is illustrated on the streetscape drawing showing the new buildings in their
context.
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PLANNING COMMISSION REVIEW
inn _
• Application S-07-019 - Architecture and Site Approval
• Application U-07-020 - Conditional Use Permit
• Application ND-07- Negative Declaration
Application S-07-019 - Architecture and Site Approval
The Planning Commission considered, as part of the application, a proposal to add two
smaller retail structures on the site adjacent to North Santa Cruz Avenue, as well as three
parking spaces (accessible from the rear alley) and an exit stair from the second floor of the
principal building, on its north side. The Commission voted to approve the addition of the
new stair, but to deny the proposed retail buildings and parking spaces.
The applicant seeks relief from this decision because it believes the Planning Commission
may have erred in its decision, based on the General Plan, and may have abused its
discretion, based on the Town Code.
Town Code Requirements
• The application may not have even required Architectural and Site Approval
because the proposal did not contemplate either the construction of a new principal
building on the site, or the intensification of land use, as it is defined. Moreover, the
proposed alteration to the existing commercial building was, and is, minor (Section
29.20.145).
• The purpose of Architectural and Site Approval is to "regulate height, width, shape,
proportion, siting, exterior construction and design of buildings to insure that they are
architecturally compatible with their surroundings" (Section 29.20.140(d)). The
Commission did not even discuss such design issues in its deliberations. Indeed the
Chair initiated the discussion by suggesting, and the Members agreed by a show of
hands, that the matter under consideration was not a design issue at all, but rather one
of land use.
• There was no discussion, or apparent consideration, given to any of the relevant
matters prescribed in Section 29.20.150 such as site layout, exterior architectural
design, lighting or drainage.
• Outright denial of the proposal seems unreasonable, whereas Section 29.20.160 calls
for a standard of reasonableness.
General Plan Considerations
Moreover, the application is consistent with many of the policies expressed in the General
Plan of the Town of Los Gatos, yet the evidence on that subject was certainly not
PLANNING COMMISSION REVIEW
P. 2
discussed, and perhaps not even considered, by Commission members. By way of
example:
• The Land Use Element actually defines the CBD as a designation which
"encourages ...a mixture of small town style merchants" and "integrates new
construction with structures of historical or architectural significance and emphasizes
the importance of the pedestrian". The two small retail buildings which are
proposed, at 1,126 and 424 square feet, are entirely suitable for the needs of small
merchants. The intimate pedestrian plaza, to be created in the forecourt of the historic
mansion, and framed by the proposed retail buildings, will create a destination - and
public oasis - for pedestrians. In contrast, the existing private grounds are very
inaccessible, almost intimidating.
• L.P.1.1 articulates a policy that "development shall be of high quality design and
construction... (and) shall enhance the character and unique identity of existing
commercial-neighborhoods". While the applicant believes that the proposal meets,
or exceeds, these high standards there was no discussion of the merits of the design.
• Importantly, L.P.6.1 encourages the "preservation, restoration, rehabilitation, reuse
and maintenance of existing buildings". A substantial motivation of the applicant -
and consequence of the development as proposed - is to create economic viability for
the restoration and preservation of the historic Coggeshall Mansion, insuring that it
remains a relevant contributor to the unique environment of downtown Los Gatos.
That work has been started, with significant interior renovations, repairs to the roof,
windows, floors and stairs, and extensive improvements to the air conditioning,
electrical and plumbing systems. It's not clear that the Planning Commission even
superficially considered the economic benefits of this comprehensive proposal.
• Policy CD.P.3.2 and 3.7 respectively, encourage "adaptive reuse of commercial
....buildings" and "new structures within historic areas ...designed to blend and
harmonize with the neighborhood". These polices are squarely addressed by the
applicant's proposal, but even that evidence was not considered during the Planning
Commission hearing.
The Director of Community Development, writing on page 4 of the Mitigated Negative
Declaration for the project states that "..introduction of the two new commercial
buildings on the grounds of the project site would be considered to have a less-than-
~i gnificant impact on the aesthetic character of the property". Indeed, the Historic
Preservation Committee considered the project on three separate occasions and
determined "that the development of
two detached structures would be acceptable for the project site" - and made three
recommendations for refinement of the final design.
The applicant struggles to identify any aspect of the proposal which is at odds with either
a goal, or policy, of the General Plan. There are two policies, however, which appear to
create a degree of tension by encouraging development which, at the same time, will
PLANNING COMMISSION REVIEW
P. 3
"preserve and promote existing commercial centers..." (L.P.1.4) and "preserve and
protect historic structures..." (L.P.1.9). The applicant believes that the Planning
Commission erred by too narrowly considering that any impact on the visibility of the
historic mansion - from any angle and to whatever degree - trumped all other land use
policies and community benefits. Not the least of these would be that the historic
structure itself would be repaired, sustained and made more accessible to the public as a
result of the proposed development.
Finally, the Town's Commercial Design Guidelines are "intended to establish a balance
that preserves and enhances the Town's livability while supporting the economic vitality
that provides the resources for community services The applicant respectively
submits that the Commission's decision failed to consider that balance.
Application U-07-020 - Conditional Use Permit
In order that the overall use of the property would have reduced intensity, with reduced
parking requirements, the applicant has proposed to amend the Conditional Use Permit
so as to reduce the maximum permitted seating in the fine dining.restaurant from 198 to
135. The Planning Conunission approved the proposed amendment - without approving
other significant elements of the proposal - such as the new retail buildings and the
relocation of three parking spaces to the east side of the alley.
In the event the Town Council does not grant the applicant's appeal with respect to the
Architectural and Site Approval application requested above, applicant respectively
requests that the Conditional Use permit be amended to allow the maximum seating
which can be accommodated by the parking which can be provided both on-site and
within the Parking Assessment District. Subject to staff confirmation, the applicant
estimates that either 6 or 9 additional seats should be permitted in that circumstance.
Application ND-07-10- Negative Declaration
Because the Commission approved the Mitigated Negative Declaration, in the form
presented, but denied parts of the application under Architectural and Site Approval, as
described above (namely the two new retail buildings and relocation of three parking
spaces) the applicant respectfully asks Town Council to confirm the findings of the
Negative Declaration in the context of the complete proposal.
CLOSING STATEMENT
We believe that the Los Gatos Planning Commission did not make a fair and balanced
decision in its denial of our application for approval to build two small retail buildings
and three parking spaces at 115 North Santa Cruz Avenue - the former Coggeshall
Mansion which is now home to Trevese Restaurant. For the most part the Commission
seemed to ignore, or dismiss without discussion, many of the relevant goals and policies
of the General Plan which fully support this kind of redevelopment in the CBD.
Moreover, there is a question whether in denying the buildings altogether, the
Commission properly used the discretion granted to it under the Town Code provisions
for Architectural and Design Approval.
With regard to buildings of historical and architectural significance, such as the
Coggeshall Mansion, it is easy (and perhaps our collective instinct) to refuse to consider
any proposed change. It is far more of an intellectual challenge to consider how such
buildings will not only survive, but continue to contribute to our Town's environment
through evolution, reuse and rehabilitation. We believe the time and attention we've
spent on this thoughtful proposal results in a solution that is worthy of more serious
consideration.
A number of controversial projects which have been proposed in Los Gatos over the past
several years have also attracted outspoken and engaged opposition - only to be
considered as 'modern landmarks' once they were completed. If members of Town
Council look beyond the clamor and the negative email campaigns inspired by this
application, they will recognize a sensitive, sound, respectful and potentially wonderful
land use proposal.
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