19 Staff Report - 15720 and 15736 Winchester Boulevard~pW H p
to ~qs COUNCIL AGENDA REPORT
MEETING DATE: 612108
ITEM NO: I I
DATE: May 28, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER ;
SUBJECT: CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST TO DEMOLISH A SINGLE FAMILY RESIDENCE
BUILT PRIOR TO 1941 AND A 3,250 SQUARE-FOOT OFFICE BUILDING,
MERGE TWO EXISTING PARCELS AND CONSTRUCT A NEW 15,510
SQUARE-FOOT OFFICE BUILDING ON PROPERTY ZONED O. NO
SIGNIFICANT ENVIRONMENTAL IMPACTS HAVE BEEN IDENTIFIED AS
A RESULT OF THIS PROJECT, AND A MITIGATED NEGATIVE
DECLARATION HAS BEEN MADE. ARCHITECTURE AND SITE
APPLICATIONS S-07-34, SUBDIVISION APPLICATION M-07-13 APN 424-
27-011 AND 051 PROPERTY LOCATION: 15720 AND 15736
WINCHESTER BOULEVARD PROPERTY OWNER: MARTIN DERMER
APPLICANT: JOHN LIEN APPELLANT: MARTIN DERMER
RECOMMENDATION:
1. Open and hold the public hearing and receive public testimony.
2. Close the public hearing.
3. The Council may take any of the following actions on Architecture and Site Application 5-
07-34 and Subdivision Application M-07-13 (motion required):
a. Uphold the Planning Commission's decision to deny the A&S and Subdivision
applications.
b. Grant the appeal and approve the A&S and Subdivision applications, subject to the
required findings and conditions (Attachments 4 and 5) and including any additional
conditions.
c. Grant the appeal and remand the A&S application to the Planning Commission with
direction regarding redesign.
4. Refer to the Town Attorney for the preparation of the appropriate resolution if approved or
denied (no motion required).
f~ U-4 k-qn~5
PREPARED BY: Bud N. Lortz
Director of Community Development
N:IDEVICNCLRPTS12008%15720-36Wincehsicr.TC.rpt2. doc
Reviewed by:t srstant Town Manager Town Attorney Clerk Administrator
Finance :Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 15720 and 15736 WINCHESTER BOULEVARD
May 28, 2008
If the Town Council determines that the Planning Commission's decision should be reversed or
modified relative to the appeal:
1. The Council needs to find one or more of the following:
(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.
2. 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 Commmission for review in light of the new information
unless the new information has a minimal effect on the application.
3. If the appeal is approved, use the findings and consideration of the Architecture and Site
application (Attachment 4), and modify the recommended conditions (Attachment 5) as
appropriate.
4. Refer to the Town Attorney for preparation of the appropriate resolution(s).
BACKGROUND
Policy L.I.4.7 of the General Plan states that the Town should consider amending the General
Plan's Land Use Element and the Zoning designation to preserve the existing residential uses
along Winchester Blvd, between Shelburne Way and Pleasant View. This area was carefully
studied during the General Plan Update and the Council concluded that the parcels from the
project site to Shelburne Way, as shown on the Land Use Map, should be developed with office
uses while retaining the residential designation for the five properties between Pleasant View
Avenue and the project site. The General Plan Land Use Map reflects this land use pattern;
however, the zoning designation for these five properties remains office and staff will
recommend rezoning these properties to residential as part of the General Plan Update. One of
the five homes is currently used as an office.
DISCUSSION:
Site and Architecture Review
The project site consists of two parcels located at 15720 and 15736 Winchester Blvd. The
property at 15720 Winchester Blvd. is developed with a 3,250 square foot office building and
15736 Winchester Blvd is developed with a 1,066 square foot home, a 575 square foot garage and
630 square foot shed. The project site is located between a two-story office building and a single-
story single-family home.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 15720 and 15736 WINCHESTER BOULEVARD
May 28, 2008
The applicant is proposing to demolish the existing structures on both properties and construct a
new 15,510 square foot office building. The proposed office will range fiom two to three stories
and range in height from approximately 30 feet along Winchester Boulevard to 35 feet along the
side and rear of the building. The building style is Mediterranean, with plaster walls that will be
painted white with a tile roof. Parking is provided in the back portion of the site with 32 spaces
located within the proposed parking garage and 34 spaces in the surface parking lot.
Arbor Resources completed an arboricultural survey for the proposed project. Based on the Site
Demolition Plan, all 31 trees located on the subject site would be removed. The arborist's
assessment indicates that the loss of all but three oak trees would conform to Section 29.10.0990
(Standards of Review) of the Town's Municipal Code. Three Coast Live Oaks that appear in
good condition should be retained or relocated. The arborist also recommends new trees be
installed to mitigate those being removed and that landscape screening be reestablished along the
northern boundary.
The project includes demolition of a pre-1941 home. The Historic Preservation Committee
considered the request to demolish the home at their meeting of June 20, 2007. The Committee
voted unanimously to recommend approval of the request to demolish the home to the Planning
Commission (Exhibit 11).
The Conceptual Development Advisory Committee (CDAC) reviewed the project at their
meeting of January 20, 2007. The staff report and minutes of the meeting are attached (Exhibit
10). Committee members felt the three-story appearance of the proposed building was too large
and out of context with the area and that the design should have more of a residential feel to
respect the residential character of the area. It was also suggested that the applicant consider
breaking the project into smaller components. Some members felt the project should be
designed with multiple, smaller structures.
Architecturally, staff finds the building to be well designed, but is concerned about the scale and
mass of the building in relation to the surrounding neighborhood. The proposed 15,510 square
foot building will be significantly larger than existing buildings along this portion of Winchester
Boulevard and will be taller than surrounding buildings. The next largest building along the east
side of Winchester Boulevard between Shelburne Way and Pleasant View Avenue is
approximately 6,000 square feet. From street level, on Winchester Boulevard, the proposed
building would appear as a 30-foot high, two-story building. The rear of the building is three
stories and. 35 feet high. Due to the change in grade from Winchester Boulevard, the lower
parking garage level, which is accessed from the east side of the building, would not be visible
from Winchester Boulevard. There is a two-story office building immediately south of the site
(approximately 24 feet high) and a one-story residence to the north (approximately 19 feet high).
The Town's Consulting Architect, Cannon Design Group (CDG), reviewed and commented on
the plans for this project. Staff previously identified a concern with the scale and mass of the
project so CDG was asked to focus on the building design. CDG did not have any concerns
regarding building design. If concerns are raised regarding building visibility, CDG recommends
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 15720 and 15736 WINCHESTER BOULEVARD
May 28, 2008
the addition of evergreen landscape trees to screen key views frorn the south, west, and north.
The applicant has added evergreen screening as recommended by CDG.
The applicant chose not to provide story poles prior to the Planning Commission hearing. The
applicant requested that the Community Development Director waive the requirement for story
poles. The reason for the request is the existing office building is occupied and the applicant felt
erecting story poles would be difficult and potentially dangerous to the occupants and visitors at
the site. The applicant brought a model to the meeting in lieu of the story poles.
The Community Development Director did not waive the requirement for story poles. The
request was forwarded to the Planning Commission. The applicant produced a model rather than
story poles. The Commission felt story poles were needed, but because the applicant indicated
they where unwilling to make any changes to the project, the Commission denied the requested
applications. The applicant has indicated that story poles will be provided prior to the Council
meeting.
Traffic
A detailed traffic impact study was completed by TJKM Transportation Consultants, the Town's
traffic consultant. When project volumes are adjusted for existing on-site traffic, the proposed
project will generate 125 net new average daily trips with 18 net new AM peak hour trips and 17
net new PM peak hour trips. TJKM evaluated the project's impact at the Winchester
Boulevard/Daves Avenue intersection. The intersection will operate at LOS B during the AM
and PM peak periods under all future scenarios, the project will have a less-than-significant
impact on this intersection's operation.
Planning Commission
The Planning Commission reviewed the proposal at its meeting of March 26, 2008. Several
residents of the area spoke in opposition to the applicant's proposal. Their concerns related
primarily to the size of the structure being out of scale with the area. They also expressed
concern that story poles had not been provided.
The Commission also felt the project was too large for the area and was concerned that story
poles were not provided. The Commission asked if the applicant was amenable to revising the
project to make it smaller. When the applicant stated they would not revise the project, the
Commission voted 6-0 to deny the architect and site application and lot merger. Verbatim
minutes of the meeting are attached (Exhibit 2).
The Commission also felt the applicant's offer for Community Benefit was not sufficient. The
applicant sited their existing assistance to developmentally disabled individuals as Community
Benefit.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: 15720 and 15736 WINCHESTER BOULEVARD
May 28, 2008
Community Meeting
The applicant held a community meeting on May 17, 2008. The project architect indicated to
staff that eight or nine residents attended the meeting. The residents reiterated their concern that
the building is too large and out of context with the area. The primary concern was the
Winchester Boulevard frontage. Some residents suggested that modifying the entry element
along Winchester Boulevard would make the project more compatible with the neighborhood.
CONCLUSION:
The Planning Commission determined that design modifications would be necessary to address
the concerns regarding the compatibility of the project with the neighborhood. Aside from
technical changes to the project and a modest reduction in the square footage of the building, the
applicant has chosen not to modify the design of the project. Because the applicant was unwilling
to modify the design, the Planning Commission denied the Architecture and Site and subdivision
applications.
ENVIRONMENTAL REVIEW
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:
1. Location Map (I page).
2. Minutes from the March 26, 2008 Planning Commission meeting (27 pages).
3. Staff Report for the March 26, 2008 Planning Commission meeting (without attachments) (9
pages).
4. Findings and Considerations (4 pages).
5. Recommended Conditions of Approval for the Architecture and Site Application (13 pages).
6. Correspondence (5 pages).
7. Initial Study and Negative Declaration (30 pages).
8. Applicant's Letter of Justification (2 page).
9. Letter from Town's Consulting Architect, Cannon Design Group (3 pages) received May 3,
2007.
10. CDAC minutes and staff report for the meeting of January 10, 2007 (5 pages).
11. Excerpt from the Historic Preservation Committee Meeting of June 20, 2007 (1 page).
12. Development Plans (12 sheets), received January 14, 2008.
BNL: CB
N:1DEV1CNCLRPTS12008115720-3 6 W incehster.TC.gt2.doc
cc: John Lien, 196 College Avenue, Los Gatos, CA 95030
Martin Dermer, 15720 Winchester Blvd, Los Gatos, CA 95030
15720 & 15736 Winchester Blvd
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TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
`0s cAtoy Meeting Date: March 26, 2008
PREPARED BY: Curtis Banks, AICP
Project Planner
APPLICATION NO.: Architecture and Site Applications S-07-34
Subdivision Application M-07-13
ITEM NO: 2
LOCATION: 15720 and 15736 Winchester Boulevard. The property is located on
the east side of Winchester Boulevard between Pleasant View Avenue
and West Farley Road.
APPLICANT: John Lien
PROPERTY OWNER: Martin Dermer
CONTACT PERSON: John Lien, (408) 395-3525
APPLICATION
SUMMARY: Requesting approval to demolish a single family residence built prior
to 1941, a 3,250 square-foot office building, merge two existing
parcels and construct a new 15,510 square-foot office building on
property zoned O. APN 424-27-011 and 051
DEEMED COMPLETE: January 14, 2008
FINAL DATE TO TAKE ACTION: July 14, 2008
RECOMMENDATION: Deny the architecture and site and subdivision applications
PROJECT DATA: General Plan Designation: Office Professional
Zoning Designation: Office
Applicable Plans & Standards: Commercial Design Guidelines
Parcel Size: .86 acres (both parcels)
Surrounding Area:
_ I
Existing Land Use
General Plan
Zoning
North
I
Single Family
Low Density
Office
_ _
-Home
Residential
East
Storage Bldg
Service Commercial 1
Industrial
South.
_
Office
Office
Office
West
_ _
Single Family
1 Monte Sereno
Monte
Home
;Sereno
ATTACHMENT 3
w
.e
Planning Commission Staff Report - Page 2
15720 and 15736 Winchester Boulevard/S-07-34, M_07-13
March 26, 2008
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: 0 As required by the Town's Traffic Policy for community benefit.
As required by Section 29.10.09030(e) of the Town Code for the
demolition of a single family residence.
CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code for
Architecture and Site applications.
ACTION: 1.
The decision of the Planning Commission for the Lot Line
Adjustment and Architecture and Site Application is final unless
appealed within ten days.
EXHIBITS: 1.
Location Map.
2.
Findings and Considerations (four pages).
3.
Recommended Conditions of Approval for the Architecture and
Site Application (12 pages).
4.
Initial Study and Negative Declaration (30 pages)
5.
Applicant's Letter of Justification.
6.
Letter from Town's Consulting Architect, Cannon Design Group
(three pages) received May 3, 2007.
7.
CDAC minutes and staff report for the meeting of January 10,
2007 (5 pages).
8. Excerpt from the Historic Preservation Committee Meeting of
June 20, 2007 (one page).
9. Development Plans (12 sheets), received January 14, 2008.
BACKGROUND
The project site consists of two parcels located at 15720 and 15736 Winchester Blvd. The
property at 15720 Winchester Blvd. is developed with a 3,250 square foot office building and
15736 Winchester Blvd is developed with a 1,066 square foot home, a 575 square foot garage and
630 square foot shed. The project site is located between a two-story office building and a single-
story single-family home.
PROJECT DESCRIPTION
A. Architectural and Site Ap rp oval:
Request to demolish an existing 3,250 square foot office building and a 1,066 square foot
home and associated accessory structures and construct a new 15,510 square foot office
building.
Planning Commission Staff Report - Page 3
15720 and 15736 Winchester Boulevard/5-07-34, M-07-13_
March 26, 2008
B. Lot Line Adjustment:
Merge the existing two lots into one lot.
C. Code Compliance:
The project site is zoned 0 (Office). As shown below, the proposed project meets all code
requirements.
Proposed
Required
Setbacks
Front
37 feet*
25 feet
Rear
65 feet
20 feet
Left side
10 feet
10 feet
Right Side
59 feet
10 feet
Height
3 5 feet
3 5 feet
Floor Area
15,510
NIA
Lot Coverage
27%
40%
* After required
dedication
D. Surrounding Neighborhood:
Winchester Boulevard, between Farley Road and Pleasant View Avenue, is comprised of a
mixture of small office buildings and single family homes. One of the offices is a
converted home. To the west are single family homes located in Monte Sereno. Two
existing masonry buildings associated with Los Gatos Storage Services adjoin the eastern
project boundary.
REMARKS
A. Architectural and Site Approval:
The proposed building contains 15,510 square feet and will range from two to three stories
and range in height from approximately 30 feet along Winchester Boulevard to 35 feet along
the side and rear of the building. The building design is Mediterranean, with plaster walls
that will be painted white with a tile roof. Parking is provided in the back portion of the
site with 32 spaces located within the proposed parking garage and 34 spaces in the surface
parking lot.
Policy L.1.4.7 of the General Plan states that the Town should consider amending the
General Plan's Land Use Element and the Zoning designation to preserve the existing
residential uses along Winchester Boulevard, between Shelburne Way and Pleasant View
Avenue. After a study of the area, the General Plan of the five properties north of the
Planning Commission Staff Report - Page 4
15720 and 15736 Winchester Boulevard/S-07-34, M-07-13
March 26, 2008
project site was amended to Low Density Residential from Office. However, the zoning for
these parcels remains Office.
The proposed office building will be the first commercial building constructed since this
area was studied and the Council concluded that the parcels from the project site and
Shelburne Way, as shown on the Land Use Map, should be developed with office uses while
retaining the residential designation for the five properties between Pleasant View Avenue
and the proj ect site. Development of this property is consistent with the General Plan and
the Zoning designation.
This building will establish the character of the commercial area south of Pleasant View
Avenue and will serve as the gateway to the Downtown Area. Architecturally, staff finds
the building to be well designed, but is concerned about the scale and mass of the building
in relation to the surrounding neighborhood. The proposed building will be taller than
surrounding buildings. From street level, on Winchester Boulevard, the proposed building
would appear as a 30-foot high, two-story building. The rear of the building is three stories
and 35 feet high. Due to the change in grade from Winchester Boulevard, the lower parking
garage level, which is accessed from the east side of the building, would not be visible from
Winchester Boulevard. There is a two-story office building immediately south of the site
(approximately 24 feet high) and a one-story residence to the north (approximately 19 feet
high).
Below is a summary of buildings and lots sizes along the east side of Winchester Boulevard
between Shelburne Way and Pleasant View Avenue.
Address
Use
Lot Size
Building Size
FAR
15670 Winchester Blvd.
SFH
14,753
3,216
0.22
15680 Winchester Blvd.
SFH
11,829
856
0.07
15690 Winchester Blvd.
SFH
12,046
2,033
0.17
15700 Winchester Blvd.
Office (SFH)
11,717
1,299
0.11
15710 Winchester Blvd.
SFH
12,126
1,378
0.11
15720-36 Winchester Blvd.*
Office
36,808
15,510
0.42
15750 Winchester Blvd.
Office
17,312
5,160-
0.30
17530 Farley Road
SFH
10,875
2,826
0.26
15796 Winchester Blvd.
Nursery
19,200
899
0.05
15814 Winchester Blvd.
Office
19,200
6,018.
0.31
15830 Winchester Blvd.
SFH
19,144
2,746
0.14
* Project Site
As shown in the table, the proposed building will be significantly larger than existing
buildings along this portion of Winchester Boulevard. Combining the two lots allows the
building to be larger than the immediately adjacent buildings. The proposed building will
Planning Commission Staff Report -Page 5
15720 and 15736 Winchester Boulevard/S-07-34, M-07-13
March 26, 2008
have a stronger presence on the streetscape, having less front setback landscaping than other
nearby parcels with site frontage on Winchester Boulevard. The street slopes lip toward the
project site; therefore, the height of the proposed office will appear taller than the adjacent
two-story office although they are similar in height along the Winchester Boulevard
frontage.
To be more compatible with the character of the area, staff recommended to the applicant
that the project be designed to have more of a residential character to respect the residential
character of the area. To accomplish this goal, staff recommended the following:
• Consider breaking the project into smaller structures or smaller components to provide
a more residential scale;
• Consider stepping the building to match the slope of the site, and
• Consider .a mixed-use proj ect.
The applicant made technical modifications to the project but chose to proceed with the
proposed design. As justification for approval, the applicant has indicated they believe the
project is compatible with the area and that the project as designed complies with the code
requirements for the Office zoning district and will serve as a gateway.
Staff agrees that the proj ect does comply with the technical requirements for the zoning
district. However, projects must also be compatible with the area. Section 29,20 .140 (d) of
the Zoning Code states in part that the purpose of architecture and site approval is to
regulate the height, width, shape, proportion, siting, exterior construction and design of
buildings to insure that they are architecturally compatible with their surroundings.
The Commission is required to find that the orientation and location of buildings and open
spaces is compatible with the physical characteristics of the site and the character of the
neighborhood; and the appearance and harmony of adjacent buildings. Based on the
present design, staff cannot recommend that the Commission make the required finding.
B. Pre-1941 Home:
The project includes demolition of a pre-1941 home. The Historic Preservation Committee
considered the request to demolish the home at their meeting of June 20, 2007. The
Committee voted unanimously to recommend approval of the request to demolish the home
to the Planning Commission (Exhibit 8).
C. Story Poles:
The applicant requested that the Community Development Director waive the requirement
for story poles. The reason for the request is the existing office building is occupied and
the applicant felt erecting story poles would be difficult and potentially dangerous to the
Planning Commission Staff Report - Page 6
15720 and 15736 Winchester Boulevard/5-07-34, M-07-13
March 26, 2008
occupants and visitors at the site. The applicant is proposing to bring a model to the
meeting in lieu of the story poles.
The Community Development Director did not waive the requirement for story poles. This
request has been forwarded to the Planning Commission. If the Commission does not feel
the model is sufficient to evaluate the scale and mass of the proposal, the item should be
continued and the applicant directed to install the story poles.
D. Traffic:
A detailed traffic impact study was completed by TJKM Transportation Consultants, the
Town's traffic consultant. The proposed office building will generate 171 daily trips with
24 AM peak hour trips and 23 PM peak hour trips. However, the site currently generates
traffic from the existing office building and residence. When project volumes are adjusted
for existing on-site traffic, the proposed project will generate 125 net new average daily
trips with 18 net new AM peak hour trips and 17 net new PM peak hour trips.
T" evaluated the project's impact at the Winchester B oulevard/D aves Avenue
intersection. With the proposed project, average delays are estimated to increase by up to
1.5 seconds per vehicle at this intersection, with this intersection continuing to operate at
LOS B. Since this intersection will operate at LOS B during the AM and PM peak periods
under all future scenarios, the project will have a less-than-significant impact on this
intersection's operation.
School-bound children currently walk along Winchester Boulevard and Daves Avenue
during the school peak hours. It is expected that the project's impact on school-related
pedestrian safety would be less than significant. This conclusion is based on pedestrian
counts taken during school and traffic peak hours, the project's estimated peak hour
volumes, and the project's less-than-significant impact on traffic congestion, signal delay,
and intersection operations.
E. Trees:
Arbor Resources completed an arboricultural survey for the proposed project. The Arbor
Resources' survey identified a total of 44 trees that could be affected by the proposed
project. The project plans indicate that trees on the site would not be retained. Based on the
Site Demolition Plan, all 31 trees located on the subject site would be removed. The
arborist's assessment indicates that the loss of all but three oak trees would conform to
Section 29.10.0990 (Standards of Review) of the Town's Municipal Code. Three Coast
Live Oaks that appear in good condition should be retained or relocated. These trees grow
within an open area on the site and may be easily relocated. It is recommended that the
proposed landscape design be revised to relocate the oak trees. It is also recommended that
Planning Commission Staff Report - Page 7
15720 and 15736 Winchester Boulevard/5-07-34, M-07-13
March 26, 2008
new trees be installed to mitigate those being removed and that landscape screening be
reestablished along the northern boundary. Should the Commission approve the project,
these recommendations are included in the conditions of approval.
F. Architectural Review:
The Town's Consulting Architect, Cannon Design Group (CDG), reviewed and
commented on the plans for this project. Staff previously identified a concern with the
scale and mass of the project so CDG was asked to focus on the building design. CDG did
not have any concerns regarding building design. If concerns are raised regarding building
visibility, CDG recommends the addition of evergreen landscape trees to screen key views
from the south, west, and north. The applicant has added evergreen screening as
recommended by CDG.
G. Community Benefit:
Because the project generates additional traffic of five or more trips, a finding of
community benefit will be required to mitigate the minor traffic impact and for an infill
development. The applicant is considering what they believe is appropriate community
benefit for the project, which will be presented as a desk item or verbally at the Planning
Commission meeting.
H. CEQA Determination:
An Initial Study was prepared for this project (Exhibit 4). 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 discovery of
archaeological resources during construction.
3. Hazards and Hazardous Materials - The mitigation measures deal with the removal of
lead based paint.
4. Noise - The mitigation measures deal with construction noise impacts.
5. Traffic - The mitigation measure deals with access improvements and driveway
relocation.
TOWN COMMITTEE MEETINGS
A. Conceptual Development Advisory Committee:
The Conceptual Development Advisory Committee (CDAC) reviewed the project at their
meeting of January 20, 2007. The staff report and minutes of the meeting are attached
(Exhibit 7). Committee members felt the three-story appearance of the proposed building
was too large and out of context with the area and the predominately smaller residential
Planning Commission Staff Report - Page 8
15720 and 15736 Winchester BouleyardlS-07-34, M-07-13
March 26, 2008
appearing structures. They also felt the design should have more of a residential feel to
respect the residential character of the area and that the applicant should consider brealdng
the project into smaller structures. Some members suggested that the applicant consider
stepping the building to match the slope of the site and to consider a mixed-use project.
Some members of the Committee felt the General Plan policy to retain the residential
character of the area does not mean the area must be rezoned to residential, but rather make
sure residential is not overwhelmed by commercial. Other members preferred to maintain
the residential uses in the area.
B. Historic Preservation Committee:
The Historic Preservation Committee considered the request to demolish the pre-1941
home on rune 20, 2007. The Committee did not feel the structure was architecturally
significant and voted unanimously to recommend approval of the demolition to the
Planning Commission. Minutes of the meeting are attached (Exhibit 8).
CONCLUSION
Staff has carefully considered the comments made by the applicant, Town Corhmittecs, Cannon
Design Group and the general public. Based on the above information, staff does not recommend
approval of the project as proposed. Significant design modifications would be necessary to
address the concerns regarding the compatibility of the project with the neighborhood. Aside
from technical changes to the proj ect, which has slightly reduced the square footage of the
building, the applicant has chosen not to modify the design of the project.
Should the Commission have concerns with the project, and if the applicant is willing to make
significant changes to the project, the Commission could continue the project with direction for
redesign. Because staff believes extensive design changes are necessary for the project to be
consistent with the area and the applicant has not indicated a willingness to modify the design,
staff recommends that the Architecture and Site application be denied.
RECOMMENDATION
A. If the Planning Commission concurs with staff's summary above, the Commission should
continue the project, if the applicant is willing to redesign. The Commission should deny
the Architecture and Site application if the applicant is unwilling to modify the project.
B. If the Commission finds merit with the project as proposed, the following actions are
required:
1. Approve the Mitigated Negative Declaration (Exhibit 4).
Planning Commission Staff Report - Page 9
15720 and 15736 Winchester Boulevard/5-07-34, M-07-13
March 26, 2008
2. Approve the lot line adjustment and the Architecture and Site application subject to
conditions (Exhibit 6).
Prepared by. Curtis Banks, Project Planner
2 LLIQ===~ A
Approved by:
Bud N. Lortz, Director of Community Development
cc: John Lien, 196 College Avenue, Los Gatos, CA 95030
Martin Dermer, 15720 Winchester Blvd, Los Gatos, CA 95030
BNL::RT:CB:mde
NADEVIREPORTS12008115720-36 Winchester B1vd.PC.rptl.doc
REQUIRED FINDINGS AND CONSIDERATIONS FOR
15720 and 15736 Winchester Boulevard
Architecture and Site Applications S-07-34
Subdivision Application M-07-13
Requesting approval to demolish a single family residence built prior to 1941, a 3,250 square-
foot office building, merge two existing parcels and construct a new 15,510 square-foot office
building on property zoned O. APN 424-27-011 and 051
PROPERTY OWNER: Martin Dermer
APPLICANT: John Lien
FINDINGS
As required by the Town's Traffic Policy for a community benefit.
Projects that generate additional traffic of five or more peak hour trips may only be
recommended for approval if the project's benefits to the community override the traffic
impacts as determined by specific sections of the General Plan and/or any Specific Plan.
If a project generates additional traffic of five or more peak hour trips the burden is on the
applicant to cite economic or housing benefits to the Town and/or specific sections of the
General Plan and any applicable Specific Plan that demonstrate the proj cot's benefit to the
Community which outweighs the traffic impact. The deciding body must make specific
findings which demonstrate that the benefit(s) of the project outweigh the impact in order
to approve the project.
2. As required by Section 29.10.09030(e) of the Town Code for the demolition of a single
family residence.
In architecture and site approval proceedings, the deciding body shall consider:
1. Maintaining the Town's housing stock.
2. Preservation of historically or architecturally significant buildings or structures.
3. Property owner's desire or capacity to maintain the structure.
4. Economic utility of the building or structure.
3. 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 pursuant to the
State Environmental Guidelines as adopted by the Town.
CONSIDERATIONS IN REVIEW OF APPLICATIONS
4. As required by Section 29.20.150 of the Town Code for Architecture and Site applications:
The deciding body shall consider all relevant matter including, but not limited to, the
ATTACmoff 4
Findings and Considerations
15720 and 15736 Winchester Boulevard
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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 track 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
roadwaydritersection capacity and make one (1) of the following
determinations:
1. 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
Findings and Considerations
15720 and 15736 Winchester Boulevard
Page -3-
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.
Findings and Considerations
15724 and 15736 Winchester Boulevard
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(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 managementfacility. 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 (19). An
application for such a facility will require an environmental impact report, which may
be focused through the initial study process.
N:1DEVIFINDINGS\l5720&36 Winchester Blvd.findings.doc
CITY COUNCIL - JUNE 2, 2008
CONDITIONS OF APPROVAL
15720 and 15736 Winchester Boulevard
Architecture and Site Applications S-07-34
Subdivision Application M-07-13
Requesting approval to demolish a single family residence built prior to 1941, a 3,250 square-
foot office building, merge two existing parcels and construct a new 15,510 square-foot office
building on property zoned O. APN 424-27-011 and 051
PROPERTY OWNER: Martin Dermer
APPLICANT: John Lien
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans noted as
received by the Town on January 14, 2008. Any changes or modifications to the
approved plans shall be approved by the Community Development Director or the
Planning Commission depending on the scope of the change(s). Substantive
modifications to the plans may be approved by the Town Council when awarding the
construction contract for the project.
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115
requires that any applicant who receives a permit or entitlement from the Town shall
defend, indemnify, and hold harmless the Town and its officials in any action brought by
a third party to overturn, set aside, or void the permit or entitlement. This requirement is
a condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval.
3. EXPIRATION OF APPROVAL: The Architecture and Site application (S-07-34) will
expire two years from the date of the approval pursuant to Section 29.20.335 of the Town
Code, unless the approval is used prior to expiration.
4. COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town
for provision of the community benefits being offered with the project. The agreement
shall include details on the timing and implementation of each item and shall be approved
by the Town Attorney and the Directors of Community Development and Parks & Public
Works prior to issuance of any building permits for the project.
5. MEDICAL OFFICE USE. A maximum of eleven medical professionals shall be allowed
in the building (one per medical office suite) upon confirmation that the amount of off-
street parking for all building uses complies with Section 29.10.150 of the Los Gatos
Parking Code.
6. DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder's Office that states the
restrictions on medical office use.
7. OUTDOOR LIGHTING. Building exterior, parking lot and landscape lighting shall be
down directed fixtures that will not reflect or encroach onto adjacent properties. The
final lighting plan shall be reviewed during building plan check. Any changes to the
approved lighting plan shall be approved prior to installation.
ATTACHMENT 5
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
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8. SIGNS. Signs shall be in compliance with the Town's Commercial Design Guidelines
and shall be sympathetic to the building architecture, to the satisfaction of the Director of
Community Development.
9. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees to be
removed, prior to the issuance of the demolition permit.
10. OAK TREES NOS. 12, 30 AND 31. The Coast Live Oak Trees, identified as tree nos.
12, 30 and 31 as identified in the Arbor Resources report (June 18, 2007) shall be
retained in their present location or be transplanted to a new location on the project site.
Relocation of the trees shall be performed according to the recommendations contained in
the Arbor Resources report.
11. TREE SECURITY GUARANTEE. Prior to the issuance of any permit allowing
construction to begin, the applicant shall post cash, bond or other security satisfactory to
the Director, in the penal sum of five thousand dollars ($5,000.00) for each tree required
to be preserved, or twenty-five thousand dollars ($25,000.00), whichever is less. The
cash, bond or other security shall be retained for a period of one (1) year following
acceptance of the public improvements for the development and shall be forfeited in an
amount equal to five thousand dollars ($5,000.00) per tree as a civil penalty in the event
that a tree or trees required to be preserved are removed, destroyed or severely damaged.
12. REPLACEMENT TREES. Replacement trees shall be planted for trees being removed.
The number and size of new trees shall be determined using the canopy replacement table
in the Town's Tree Protection Ordinance. Required trees shall be planted prior to final
inspection.
13. TREE STAKING. All newly planted trees shall be double-staked using rubber tree ties.
14. TREE PRESERVATION. All recommendations made by Arbor Resources (June 18,
2007) shall be implemented to eliminate or minimize the construction-related impacts on
the trees to be retained. Recommendations are listed under Section 5.0,
Recommendations, of the arborist's report. These include Design Guidelines, addressing
tree location mapping, protective fencing, building setback, trenching, drainage facilities,
and installation of new trees (including installation of three new trees of 24-inch box
size). The report also provides Protection Measures before and during construction,
encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc.
15. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits and shall remain through all phases
of construction. Fencing shall be six foot high cyclone attached to two-inch diameter
steel posts drive 18 inches into the ground and spaced no further than 10 feet apart.
Include a tree protection fencing plan with the construction plans.
16. GENERAL. All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan and must remain on the site.
17. CULTURAL RESOURCES MITIGATION MEASURE-1. 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.
18. CULTURAL RESOURCES MITIGATION MEASURE-2. If human remains are
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
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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.
19. CULTURAL RESOURCES MITIGATION MEASURE-3. If the Community
Development Director finds that the archaeological find is not a significant resource,
work shall 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.
20. CULTURAL RESOURCES MITIGATION MEASURE-4. 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.
21. HAZARDOUS MATERIALS MITIGATION MEASURE-1. 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 demolition of the structures.
22. HAZARDOUS MATERIALS MITIGATION MEASURE-2. As part of inspections for
asbestos and lead-based paints on the project site, all structures and uses on the site shall
also be inspected for the presence of hazardous materials. The identified hazardous
materials being stored on the site shall be legally disposed of in accordance with local,
county, and state regulations.
23. NOISE MITIGATION MEASURE-1. The northern facade of the proposed office
building shall be enclosed as early in the construction process as possible to minimize
impacts on the existing residence to the north. Proposed fencing along the northern
property boundary shall be constructed prior to construction of the proposed building to
minimize construction-related noise impacts.
24. NOISE MITIGATION MEASURE-2. Impact tools (e.g., jack hammers, pavement
breakers, and rock drills) used on the northern parcel of the project site shall be
hydraulically or electrically powered wherever possible to avoid noise associated with
compressed air exhaust from pneumatically-powered tools. However, where use of
pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air
exhaust shall be used; this muffler could lower noise levels from the exhaust by up to
about 10 dBA. External jackets on the tools themselves shall be used where feasible, and
this could achieve a reduction of 5 dBA. Quieter procedures such as drilling rather than
impact equipment shall be used whenever feasible.
25. NOISE MITIGATION MEASURE-3. Stationary noise sources shall be located as far
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application 5-07-34
Page -4-
from the existing adjacent residence to the north as possible. If such noise sources must
be located near this residence, they shall be adequately muffled and enclosed within
temporary sheds.
Building Division
26. PERMITS REQUIRED: A building permit shall be required for the demolition of the
existing single family residence and office building and the construction of the new shell
building. Separate permits are required for electrical, mechanical, and plumbing work as
necessary.
27. CONDITIIONS 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.
28. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36.55
29. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application from the Building
Department Service Counter. Once the demolition form has been completed, all
signatures obtained, and written verification from PG&E that all utilities have been
disconnected, return the completed from to the Building Department Service Counter
with the J# Certificate, PG&E verification, and three (3) sets of site plans to include all
existing structures, existing utility service lines such as water, sewer, and PG&E. No
demolition work shall be done without first obtaining a permit from the Town.
30. STREET NUMBERS: Submit requests for new street numbers and suite numbers to the
Building Division prior to submitting for the building permit application process.
31. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics. ALTERNATE: Design the foundation for an
allowable soils 1,000 psf design pressure. (Uniform Building Code Volume 2 - Section
1805)
32. SHORING: Shoring plans and calculations will be required for all excavations which
exceed four (4) feet in depth or which remove lateral support from any existing building,
adjacent property or the public right-of-way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cal/OSHA regulations.
33. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer
or land surveyor shall be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report; and, the building pad elevation, on-site retaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -5-
34. 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.
35. TITLE 24 - COMMERCIAL: The building shall be constructed to comply with the latest
California Title 24 Accessibility Standards.
36. 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
37. NONPOWT 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.
38. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
39. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development - Planning Division: Curtis Banks at 354-6879
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
£ Bay Area Air Quality Management District: (415) 771-6000
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
40. TRAFFIC MITIGATION MEASURE. The southbound left-turn access into the project
shall be improved by striping a southbound left-turn only lane for a minimum of 75 feet.
In addition, all necessary signal head installations/modifications to provide a southbound
left-turn protective phase, intersection improvements and relevant signal timing changes
are required.
41. REIMBURSEMENT. The developer shall reimburse the Town for their share of the
traffic signal constructed at Dave's Avenue in 2003 in accordance with Section 23.50.025
of the Town Code. The $30,000 amount is based on the Town signalizing the private
driveway leg of the intersection and providing 185 linear feet of curb, and 825 square feet
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application 5-07-34
Page -6-
of sidewalk, and associated signal improvements. The reimbursement shall be paid prior
to issuance of a building permit.
42. DRIVEWAY SLOPE. The first 25-feet of driveway measured from the back of sidewalk
on Winchester Blvd., shall be constructed at a 4-percent maximum slope. The building
and grading permit drawings shall reflect these criteria.
43. 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.
44. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
45. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
a. Retaining wall--top of wall elevations and locations
b. Toe and top of cut and fill slopes
46. 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.
47. 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.
48. 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.
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -7-
49. RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
50. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, and 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.
51. 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.
52. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded.
Two copies of the legal description for exterior boundary of the merged parcel and a plat
map (8-Y2 in. X 11 in.) 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.
53. DEDICATIONS. The following shall be dedicated on the final parcel map by separate
instrument. The dedication shall be recorded before any permits are issued.
a. Winchester Blvd. A 47-foot half street width along the entire Winchester Blvd,
frontage.
b. Public Service Easement (PSE). Ten (10) feet wide, next to the Winchester Blvd.
right-of-way.
54. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
a. Remove the existing driveway apron at 15720 Winchester and replace with Town
standard curb, gutter and sidewalk. Modify the existing driveway apron as required to
accommodate the new driveway. The centerline of the new driveway shall be aligned
with the centerline of Dave's Avenue. The new driveway shall be a minimum of 25-
feet wide.
b. Relocate the existing bus stop from 15796 Winchester Blvd. to the existing duckout
on the project frontage. Provide signage and a bus pad in accordance with VTA
standards and recommendations.
c. Replace the two existing speed feedback signs with new signs as selected by Town.
d. Modify the Dave's Avenue traffic signal as required by Town. The modification shall
include, at a minimum, changing out the signal pole/arm to allow addition of a left-
turn signal head (southbound direction), installing pedestrian signals to match the new
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -8-
driveway location, moving 1-B signal pole out of the proposed driveway location,
installing a new 1B pole to match the proposed driveway, modifying the controller
cabinet as needed, removing two existing detection cameras, installing two new
detection cameras at locations determined by staff, replacing the existing video
detection processor, replacing existing batteries for the signal's battery backup
system,
e. Remove and replace safety lights with LED lights per Town direction. Modify the
traffic signal electrical service cabinet as needed.
f. Install and modify signs and pavement markings as directed by Town.
55. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a fee proportional to
the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the
Town Council resolution in effect at the time the building permit application is made.
The fee shall be paid before the building permit is issued. The traffic impact mitigation
fee for this project, using the current fee schedule and the preliminary plans is $13,495.
The final fee shall be calculated from the final plans using the rate schedule in effect at
the time of the building permit application, using a trip generation rate based on general
office use. The fee listed is based upon demolition of 3,256 SF of general office and one
single family residence, and construction of 15,510 square feet of office. The new use
generates 125 new daily trips, IS new AM peak hour trips, and 17 new PM peak hour
trips.
56. 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.
57. 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.
58. 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.
59. 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 out during construction and before
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -9-
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.
60. 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.
61. 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.
62. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer Q 15.40.070).
63. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
64. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
65. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application for all Group I and Group 2 projects as
defined in the amended provisions C.3.d. of Order No. R2-2005-0035 of the amended
Santa Clara County NPDES Permit No. CAS029718. The plan shall delineate source
control measures and BMP's together with the sizing calculations. The plan shall be
certified by a professional pre-qualified by the Town. In the event that storm water
measures proposed on the Planning approval differ significantly from those certified on
the Building/Grading Permit, the Town may require a modification of the Planning
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -10-
approval prior to release of the Building Permit. The applicant may elect to have the
Planning submittal certified to avoid this possibility.
66. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner shall enter
into an agreement with the Town for maintenance of the stormwater filtration devices
required to be installed on this project by Town's Stormwater Discharge Permit No.
CAS029718 and modified by Order No. R2-2005-0035. The agreement will specify that
certain routine maintenance shall be performed by the property owner and will specify
device maintenance reporting requirements. The agreement will also specify routine
inspection requirements, permits and payment of fees. The agreement shall be recorded
prior to release of any occupancy permits.
67. STORMWATER DETENTION. Detention facilities and supporting calculations shall be
provided to insure that post development runoff rates equal pre-development values for
the 10-year storm.
68. EMERGENCY BACKUP POWER. An emergency backup power generator shall be
provided to supply power to storm drainage and sanitary sewer pump systems.
69. 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.
70. 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 Director of Community
Development prior to issuance of any permit. The Director of CDD may require the
transformer to be placed underground.
71. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
72. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). All new utility services shall be placed underground. Underground
conduit shall be provided for cable television service.
73. 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.
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -11-
74. 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. An inspection made at the time the planning application was filed
showed a minimum of 68 square feet of sidewalk currently in need of repair. The limits
of sidewalk repair will be determined by the Engineering Construction Inspector during
the construction phase of the project.
75. 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.
76. DRIVEWAY APPROACH. The developer shall install one commercial driveway
approach. The new driveway approach shall be constructed per Town Standard Details.
77. 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: SVIIMMING-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.
78. 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.
79. 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(c) 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.
80. CONSTRUCTION NOISE. Between the hours of 5:00 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)
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application S-07-34
Page -12-
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
81. 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.
82. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and may be further restricted during periods when school is in session. Prior to
the issuance of a building permit, the developer shall work with the Town Building
and Engineering Department Engineering Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or off
the project site. This may include, but is not limited to provisions for the
developer/owner to place construction notification signs noting the dates and time of
construction and hauling activities, or providing additional traffic control. Cover all
trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least
two feet of freeboard.
83. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
84. REQUIRED FIRE FLOW: The fire flow for this project is 4,000 gpm at 20 psi residual
pressure. As an automatic fire sprinkler will be installed, the fire flow has been reduced
by 75% establishing a required adjusted fire flow of 1,500 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire hydrant(s)
which are not spaced at the required spacing.
85. REQURED PUBLIC FIRE HYDRANT: Provide one public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and the San Jose Water Company.
Maximum hydrant spacing shall be 250 feet, with a maximum single hydrant flow of
1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on civil
drawings including with the building permit submittal. The new hydrant shall be located
on the east side of Winchester Boulevard in front of the property.
86. AUTOMATIC FIRE SPINKLER SYSTEM REQUIRED: Buildings requiring a fire flow
in excess of 2,000 GPM or all new Buildings located within the hazardous fire area, shall
be protected throughout by an approved, automatic fire sprinkler system, hydraulically
designed per National Fire Protection Association (NFPA) Standard #13. 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.
Conditions of Approval
15720 and 15736 Winchester Blvd.
Architectural and Site Application 5-07-34
Page -13-
87. PREMISES IDENTIFICATION; Approved numbers or address 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.
88. FIRE DEPARTMENT KEY BOX REQUIRED; The building shall be equipped with a
permanently installed emergency access key lock box (Knox), conforming to Fire
Department Standard Detail and Specification sheet K-1. At the time of final inspection,
access keys shall be provided to the fire department.
NNDMC0NDMS\20Q8115720-36 Winchester BSvd.A&.S conditions.doc
"Jay Friedman" <Jay@Friedmn.com> 5/15/2008 12:50 PM
A copy of the letter below has been mailed to Mr. Dermer.
May 15, 2008
Martin D ermer
15720 Winchester Boulevard
Suite 1
Los Gatos, CA 95030
Dear Mr. Dermer,
RECEIVED
MAY 19 2008
TOWN OF LOS GATOS
PLANNING DIVISION
Unfortunately, due to my previous commitments for Saturday morning, I cannot attend
your presentation at the Neighborhood Center. I would have hoped that you'd have
provided more notice to more residents and schedule a time that is more convenient to
most families. I have a strong interest on how any project in this neighborhood proceeds
as my family leaves in Monte Sereno off Daves Ave, my business is located in Los
Gatos, and I'm the president of my religious congregation located in Los Gatos.
Please be advised that I am not in favor of your proposed development for the reasons
given to you by the Los Gatos Conceptual Development Advisory Committee, the Los
Gatos Community Development Staff, the Planning Commission, and as stated by the
speakers during the public hearing on March 26.
While I support the development of 15736 Winchester, it should be done in a manner that
is consistent with the surroundings.
Sincerely,
Jay Friedman
15650 Michael Lane
cc Town of Los Gatos
Architecture and Site Applications 5-07-34
Subdivision Application M-07-13
ATTACHMENT 6
RECEIVED
MAY 2 2 2000
MAYOR & TOWN COUNCIL
Christopher Cramer
19255 Beardsley Rd.
Los Gatos, CA 95033
(408) 395-2812
May 21, 2008
Mayor Barbara Spector
Los Gatos Town Hall
110 E. Main St.
Los Gatos, CA 95030
Dear Mayor Spector,
My name is Christopher Cramer. In January of 2007, 1 purchased a home in Los
Gatos on Beardsley Rd.
My long time friend and advisor Martin Dermer designed a new office building to
replace his current suite of offices at 15720 Winchester Blvd. It is my
understanding that the Los Gatos Planning Commission refused to approve this
project and that Mr. Dermer will be appealing the decision at the Los Gatos Town
Council meeting on Monday June 2, 2008.
I will be unable to attend the meeting on June 2, 2008 because I am participating
in the AIDS Life Cycle Fundraiser, a 7 day, 545 mile bicycle ride from San
Francisco to Los Angeles. I urge the Council to reverse the decision of the
Planning Commission for the following reasons.
have seen a model of the proposed office building and it is breathtaking. The
Spanish style architecture is consistent with Los Gatos' history and the upscale,
reserved and traditional buildings that should comprise our town area. The
building sets the tone well for a visitor coming to Los Gatos.
This project represents an improvement. It will be more visually pleasing as seen
from Winchester Blvd than the current building. This building would also benefit
the Los Gatos residents who would work and transact business in the building.
Moreover, the increased size of the building represents opportunity for Los Gatos
by increasing tax revenues, providing a venue for small business, and providing
additional jobs.
I usually appreciate a conservative approach to construction projects. I feel that
approving this project is consistent with that approach because we would be
locking in a stately, high quality, beautiful building that is consistent with
surrounding architecture and the tone of the town as well. If you don't approve
this project you run the risk of the older buildings falling into disrepair or a less
appropriate, less well funded, project in the future. I think it very wise to lock in
the gold standard now. Please approve construction of this project. Thank you
for your consideration.
Respectful) ubmitted
Christopher Cramer
Cc: Martin Dermer
March 25, 2008
To; City of Los Gatos
Re: New Office Complex on Winchester Ave c@ Davos
I am sending this letter voicing my objection to the new proposed Office
Complex. The Design is too huge for the area; it will cause traffic problems,
not only for residents trying to exit our streets, but additionally for the
Winchester/Daves intersection. There is also a possible view problem for
nearby residents due to the height of the building. The construction will
cause an unbearable nightmare of traffic, congestion and noise.
~~r 7
rlul fl. 'tuu't.7Y4't')u raym 111 LIMU. J(LOf LUDO 1Z.LC.J0 rLV1
(From: David McMackin
Sent: Wednesday, March 261 2008 10:24 AM
Tot 'ebanks@losgatosc&.gov`
Cc: David McMackin
Subject: RE; Development at 15720 and 15736 Winchester E'vd, Los Gatos
Curtis,
RE: Development at 15720 and 15736 Winchester Blvd. Los Gatos
ley family as well as 11 neighbors on my street that I have spoken with so far are vary disturbed
that the City of 1-vs Gatos would condone such a monstrous 3 zed development In our
neighborhood. I am unable to attend the meeting scheduled Fc,f this evening but please
acknowledge this email and count me in as protesting again.,>t the project as sized under the
current planned devei e 1 .
ust renerw
McMackin
Horne ownerof record: 17426 Pleasant View Ave.
Project alze: 35' high, 2 story office building with 15,510 feet and parking for 64 cars.
All 141111111110h.
rn r~
David McMackin 1 President
AmQdcaOne
830 Hamlin Court
Sunnyvale, CA 94088
Phone: 400.494.2401
Fax: 408.752,2508
E-mail: dayid . americeonems corn
URL: www,amedcaonerns,com
Confldentiallty Notice; The information contained in this e-mail and any attachments may be legally
privileged and confidential. If you are not the intended recipient, you are notiffed that any distribution or
copying of this e.rnall Is prohibited- If you have received this in encr, p[sasa notify me and permanently
delete the a-mail and any attachments. You should not retain, cop), v r use this e-mail or any attachment, nor
disclose the contents to any ofhsr pemori. Thank you.
This fax was received by GFI FAXmaker fax server. For more information, visit: http:/www.gff.com
INITIAL STUDY
15720 AND 15736 WINCHESTER
BOULEVARD
LOS GATOS, CALIFORNIA
ARCHITECTURE AND SITE APPLICATION S-07-34
SUBDIVISION APPLICATION M-07-13
PREPARED FOR
TOWN OF Los GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
110 E. MAIN STREET
Los GATOS, CA 95030
MARCH 2008
PREPARED BY
GEIER & GEIER CONSULTING, INC.
P.O. Box 5054
BERKELEY, CA 94705-5054
5101644-2535
ATTACIMENIT 7
f_
TOWN OF Los GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
ENVIRONMENTAL CHECKLIST FORM
1. Project Title: 15720 and 15736 Winchester Boulevard
Architecture and Site Application S-07-34
Subdivision Application M-07-13
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: Curtis Banks, 4081354-6807
4. Project Location: 15720 and 15736 Winchester Boulevard (Figure 1)
5. Property Owner: Martin Dermer
15720 Winchester Boulevard
Los Gatos, CA 9.5030
Project Applicant's
Name and Address: John Lien, Architect
196 College Avenue
Los Gatos, CA 95030
6. General Plan Designation: Office Professional
7. Zoning: O, Office
8. Description of Project: The project applicant is requesting approval to demolish two structures
(including a single-family residence built prior to 1941), merge two existing parcels, and construct a
new office building. The project site consists of two parcels (APN 424-27-011 and 424-27-051) and
is located on the east side of the Daves Avenue/Winchester Boulevard intersection. The project site is
1.043 gross acres or 0.84 net acre with dedications. These two parcels are currently developed with an
existing office building, associated paved parking lot, single-family residence, detached garage, and
greenhouse structure. The proposed project would demolish all existing structures on these parcels
and construct a 15,510 square-foot, three-story office building and parking lot. The proposed building
would have two floor's of office space (8,140 square feet (s.f.) on the first floor, 7,370 s.f. on the
second floor) above an 11,310 square-foot parking garage. The project would provide 32 parking
spaces in the parking garage and 34 parking stalls in the surface parking lot.
The project site currently has two driveways on Winchester Boulevard. The northern driveway
provides access to the existing office building. The southern driveway, located directly opposite
Daves Avenue, accesses the single-family residence. The proposed project design has one driveway,
located approximately where the existing southern driveway is located; the site's northern driveway
on Winchester Boulevard would be eliminated.
MARCH, 2008
PROJECT LOCATION
FIGURE 1
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San ' : ~:--•,:-,_r: rti'._ 1-~':-,:~ - as
use
'Los
atos
015720 AND 15736 WINCHESTER BouL.EVARD No SCALE kN
IINUTAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
9. Surrounding Land Uses and Setting: The project site is comprised of approximately 1.043 acres
(45,447 s.f.) located on the east side of Winchester Boulevard at Daves Avenue. The site forms the
east side of the Winchester Boulevard/Daves Avenue "T" intersection. The project parcel is currently
developed with a one-story office building and associated parking lot on the northern parcel, and a
one-story single-family residence, detached two-story garage structure, and shedlgreenhouse structure
on the southern parcel. The southern parcel also extends to the north behind and east of the office
building on the northern parcel. The northeastern portion of the southern parcel is undeveloped and
serves as an unused rear yard area for the northern parcel.
The project site is bounded on the west by Winchester Boulevard, on the south by a two-story office
building and surface parking lot (Los Sereno Plaza, 15750 Winchester Boulevard), on the east by
masonry buildings (one to two stories high) associated with the Los Gatos Storage Services (17471
Farley Road West), and on the north by a one-story, single-family residence. One-story, single-family
residences are located across Winchester Boulevard to the west, and these homes are in Monte
Sereno.
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
Geology/Soils
X
Hazards & Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
Mineral Resources
X
Noise
Population/Housing
Public Services
Recreation
X
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.
MARCH, 2008
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
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 Community Development Date
Evaluation of Environmental Impacts
Issues:
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
]ncp orated
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 site is located on the east side of Winchester Boulevard, and the project property does not
front onto any other public streets. Therefore, it is most visible from Winchester Boulevard, but views of
the site from this street are limited to the western portions of the site due to the site's downslope grade
from Winchester Boulevard. Elevations along the eastern project boundary are approximately 10 feet
below the western site frontage on Winchester Boulevard. Two existing masonry buildings associated
with Los Gatos Storage Services adjoin the eastern project boundary, while an existing office building is
located along the southern boundary. These buildings and associated landscaping block or obscure views
of the site from Farley Road West to the south.
The proposed three-story building would be taller than existing one-story buildings currently on the site
as well as surrounding buildings. From street level on Winchester Boulevard, the western fagade of the
proposed building would appear as a 30-foot high, two-story building. Due to the change in grade from
Winchester Boulevard, the lower parking garage level would be accessed from below on the cast side of
the building, and would not be visible from Winchester Boulevard. There is a two-story office building
immediately south of the site (approximately 24 feet high) and a one-story residence to the north
(approximately 19 feet high). From Winchester, the proposed building would appear approximately six
feet taller than the two-story office building to the south and 11 feet higher than the one-story house to the
north. The eastern facade of the proposed building would also be approximately 12 feet higher than the
masonry buildings along the site's eastern boundary. The masonry buildings to the cast have no windows
facing west (toward the site) and therefore, views from these buildings would not be affected by the
project. However, the proposed building would likely be visible from the parking lot associated with the
MARCH, 2008 4
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
office building to the south. It should also be noted that views from the residence to the north would be
substantially altered since the portion of the trees located on the site along the northern property boundary
would be removed. It appears that one or more trunks of some of the trees along the northern boundary
are situated on the property to the north. As a result, only the trunks on the project site would be removed
as part of the project unless authorization from the neighboring property can be obtained. If all tree trunks
are removed, potential view changes from this home would be increased.
The proposed building would have a strong presence on the streetscape, having less intense front setback
landscaping than other nearby parcels with site frontage on Winchester Boulevard. However, Cannon
Design Group (CDG) did not have any concerns regarding building design. If concerns are raised
regarding building visibility, CDG recommends addition of evergreen landscape trees to screen key views
from the south, west, and north.
Exterior lighting is already provided on-site for existing office and residential uses. The proposed
building would increase exterior lighting on the project site, particularly in the surface parking lot. To
reduce the potential for disturbance due to nighttime lighting, the project will need to satisfy Town Code
Section 29.10.09035, which prohibits the production of direct or reflected glare (such as that produced by
floodlight onto any area outside the project boundary).
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-agricultural use?
The 1.043--acre project site is currently developed with office and residential uses. While there is a
dilapidated greenhouse structure on the southern parcel, the site is not in agricultural use and has no
agricultural potential due to its small size and urbanized location. Therefore, 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.
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?
MARCH, 2008
I s
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
impact
Impact
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 BADS was
approved, consistency of the project with the General Plan would indicate consistency with the BAOS.
The project 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 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 Planning Department, the proposed project would
result in a net increase of 125 daily trips, with 18 AM peak hour trips and 17 PM peak hour trips. Air
emissions increases associated with the proposed project would be considered less than significant since
the size of the proposed project would not exceed 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 110,000 s.f. of medical office
or 280,000 s.f. of general office 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 parcel is 1.043 acres, and project construction would result
in surface disturbance of approximately 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 reduce the project's construction-related air quality impacts to a less-than-significant
level.
In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32;
California Health and Safety Code Division 25.5, Sections 38500, et seq.), which limits statewide
greenhouse gas (GHG) emissions to 1990 levels and establishes a goal of achieving these emissions„_
MARCH, 2008
INI'TaL STUDY -15720 AND 15736 WINCHES'T'ER BOULEVARD
reductions by 2020 (representing a 25 percent reduction in emissions). AB 32 requires the California Air
Resources Board (CARB) to adopt a comprehensive blueprint for limiting greenhouse gas emissions by
the end of 2008 and complete the necessary rulemaking to implement that plan by the end of 2011,
including adoption of a list of discrete, Early Action Measures that can be implemented before January 1,
2010. At present, adopted early action measures include a low-carbon fuel standard, reduction of
refrigerant losses from motor vehicle air conditioning system maintenance, and increased methane
capture from landfills. Cumulatively, all 44 early actions could achieve a reduction of 42 million metric
tons of C02-Equivalents by 2020. Some proposed measures will require new legislation to implement,
some will require subsidies, some have already been developed, and some will require additional effort to
evaluate and quantify. While most measures relate to transportation, fuels, agriculture, commercial uses,
businesses, and local government, there is one measure that could be relevant to the project, if adopted:
CARB 2-9, Energy Efficiency, which calls for provision of light-covered paving, cool roofs, and shade
trees.
Since the CARE has not adopted a methodology or defined quantitative thresholds that can be applied to
a specific development project to evaluate an individual project's contribution to GHG emissions, no
significance determination for the proposed project can be made at this time. However, until such time
that a methodology is adopted and mitigation can be applied, it is recommended that the Town review
designs during the Architecture and Site review process to ensure that energy efficiency measures have
been incorporated into projects to the maximum extent feasible (including light-covered paving, cool
roofs, and shade trees). It is also recommended that solar access to the project building as well as existing
adjacent structures be maintained to the maximum extent feasible. The project's shadow study (included
in tn,rnjprt n1rinC dated November 15, 2006) indicates the project would shade the adjacent home to the
north for mt"ost of the day during the winter. However, the shadow study does not appear to account for
shading by existing trees located along the project's northern boundary. These trees appear to already
shade this house during the winter, but the proposed building could increase shading of the adjacent
house. Shading is a design issue that will be reviewed as part of the Architecture and Site review process.
Potentially
Potentially
Significant
Impact Thiess
Less Than
Issues (and Supporting Information Sources)
significant
\4itigation
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?
MARCH, 2008 7
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Potentially
Significant
Potentially
Ttnpact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
significant
No
Impact
Incorporated
Impact
Impact
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?
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?
Vegetation on the project site consists of landscape trees, shrubs, and groundeover on the northern parcel;
grasses and weedy species predominate throughout the southern parcel. The 1.043-acre site supports a
variety of landscape trees primarily on the perimeter of both parcels. 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.
Arbor Resources completed an arboricultural survey for the proposed project in June 2007,2 and a copy of
this study is on file with the Los Gatos Community Development Department. The Arbor Resources'
survey identified a total of 44 trees that could be affected by the proposed project. Of these 44 trees, 26
are not shown project plans but are subject to varying degrees of impacts during development and must be
disclosed for conformance with Section 29.10.0995 of the Town's Ordinance. Also, the trunks of 17 trees
are sufficiently close on properties adjoining the site as to be vulnerable to potential damage during
development [Section 29.10.0995(B) of the Town's Municipal Code]. One tree listed in the inventory is
located in the public right-of-way and is regarded as a street tree. The 44 trees inventoried for this project
have been evaluated for their suitability for preservation:
Suitability for Preservation Number of Trees Inventory Number
High 5 1, 14, 30, 31,42
Moderate 15 2, 3, 5, 7, 10 - 12, 15, 17, 18, 25 - 27, 36, 43
Low 24 4, 6, 8, 9, 13, 16, 19 - 24, 28, 29, 32 - 35, 37 -
41,44
Total 44
The project plans indicate that trees on the site would not be retained. Based upon the Site Demolition
Plan, all 31 trees with trunks situated on the subject site would be removed; these include #4, 6, 7, 9, 11-
31, 33, 34, and 37-40. Based upon species, condition, size and/or location, the arborist's assessment
indicates that the loss of all but #12, 30, and 31 would conform to Section 29.10.0990 (Standards of
,E
MARCH, 2008
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Review) of the Town's Municipal Code. Trees #12, 30, and 31 are coast live oaks that appear in vigorous
condition and have relatively balanced canopies and stable structures. These oaks also grow within an
open area on the site and may be easily located to an alternate location. The arborist's report recommends
that these oaks be transplanted rather than removed; they could be reestablished at the three large planter
areas proposed for the project, one tree per location.
Of the trees to be removed, #33, 34, 38, and 39 (all multi-trunk wattle) are situated along the northern
boundary and have one or more trunks situated seemingly on the neighboring property. As a result, the
removal of trunks entirely on the subject site can be expected. In the event authorization to remove trunks
from the neighboring property owner can be approved, then the loss of the entire trees can occur. Also,
the removal of the wattle trees along the northern boundary will increase site safety for both properties,
but will reduce the existing screening element provided by these trees. Under these conditions, a carefully
planned landscape design is essential to replace their loss and improve the screening over the long-term.
The 13 off-site trees anticipated for retention include: #1-3, 5, 8, 10, 32, 35, 36, and 41-44. Of these, #1-3,
5, 8, 10, 32, 35, 36 would be impacted at tolerable levels during implementation of the proposed plans
under the following conditions:
■ Excavation for the sections of the underground garage within a radial distance of 10 times their trunk
diameters does not require ovcrcut/overbuild beyond the future garage wall.
■ No soil disturbance (trenching and grading) occurs beyond 24 inches from the future building
footprint; soil nailing and shotcrete construction may be necessary-
Trees #41 through 44 would be potentially affected by trenching for utility line extensions. Minimal
protection for these trees would require limitations on trenching or soil disturbance and maintenance of
appropriate separation distances between tree trunks and utility trenches that are excavated as part of the
project.
AR recommends the proposed landscape design be revised to address the following minimal
considerations: the relocation oak trees #12, 30, and 31, as previously mentioned; installing new trees of
an appropriate size and amount to mitigate those being removed; reestablishing a screening element along
the northern boundary; the mature size of trees proposed for installation in small growing spaces; the
overhead canopies and root zones of existing trees on neighboring properties; and trees that can perform
for the long-term.
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 (June 18, 2007) will be implemented to eliminate or
minimize the construction-related impacts on the trees to be retained. Recommendations are listed
under Section 5.0, Recommendations, of the arborist's report. These include Design Guidelines,
addressing tree location mapping, protective fencing, building setback, trenching, drainage facilities,
and installation of new trees (including installation of three new trees of 24-inch box size). The report
also provides Protection Measures before and during construction, encompassing fencing, removal of
hardscape, demolition, work within tree canopies, etc. The report's recommendations are included as
Attachment 1.
MARCH, 2008 9
INrrtAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Inco orated
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?
Historical Resources. Project implementation would result in demolition of the existing structures and
parking lot pavement on the project site. While the existing office building is recent construction, the
existing single-family residence was constructed prior to 1941 and Town Code requires that all buildings
of this age be evaluated for its historic value. The proposal to demolish this building was presented to the
Los Gatos Historic Preservation Committee (HPC) on June 20, 2007. The HPC recommended approval
of the demolition to the Planning Commission for the following reasons:
i The structure is not historically significant.
The building is not associated with any events that have made a significant contribution to the Town.
No significant persons are associated with the site.
The structure is not architecturally significant and has no architectural character. There are no
distinctive characteristics of type, period or method of construction or representation of work of a
master.
Based on the information in the structural report, the building is in a deteriorated condition.
In terms of context, the residence is out of place since it is not located in a residential neighborhood.
For purposes of CEQA, an important historic resource is one that:
■ Is associated with events that have made a significant contribution to the broad patterns California's
history and cultural heritage;
■ Is associated with the lives of persons important to our past;
■ Embodies the distinctive characteristics of a type, period, region, or method of construction, or
represents the work of an important creative individual, or possesses high artistic value;
■ Has yielded or may be likely to yield information important in prehistory or history.
Based on the HPC findings and these criteria, the existing residence would not be an important historic
resource and therefore, proposed demolition would be less than significant.
Archaeological Resources. The project site is already developed and surface soils were disturbed during
construction of existing development on the subject property. Although the site is located approximately
1,300 feet west of Los Gatos Creek, the potential for encountering cultural resources cannot be
completely eliminated due to the site's proximity to the creek and relatively level topography. In
addition, the project would involve excavation of 500 cubic yards to accommodate the parking garage.
Therefore, the following mitigation measures will be required:
MARcH,2008 10
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
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 Burman 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 shall 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 Ioss, 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?
g) Be Iocated 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?
MARCH, 2008 11
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
A review of the Town's hazards maps-' indicates that the project site has a moderate to high shrink-swell
potential, very low potential for liquefaction, low potential for fault rupture, and moderate potential for
seismic shaking. Due to the site's relatively level topography, no slope stability or debris flow hazards
were identified for the site. The Town's Fault Map indicates that there are no known faults traversing the
site although lineation indicative of faulting is also identified on the project site.4 The Santa Clara County
Geologic Hazard Zones Map indicates the project site is located outside identified Fault Rupture Zones.
The Town's hazards maps also indicate the site has a moderate potential for erosion hazard. Approximate
grading quantities for the project are proposed to be 500 cubic yards of cut and 100 cubic yards. of fill,
resulting in a net export of 400 cubic yards of excavated material. Town requirements will include
preparation and implementation of interim and final erosion control plans. With implementation of these
plans, potential erosion hazards would be less than significant.
At a minimum, the proposed building would be expected to be subject to strong groundshaking during its
design life, particularly given its proximity to an identified fault. However, it should be noted that most
of the Bay Area as well as surrounding development are subject to groundshaking hazards. As a standard
condition of Architecture and Site approval, 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. UBC standards account for a development's
vulnerability to seismic hazards based on its proximity to active faults and Los Gatos utilizes a different
section of the UBC seismic table due its proximity to Class B faults. Therefore, compliance with
applicable UBC requirements would be adequate to address regional seismic safety concerns such as
groundshaking. Assuming all recommendations of the required report are incorporated into the project
design, no significant impacts from soil engineering constraints would be anticipated.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
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?
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?
MARCH, 2008 12
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
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
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 an office building and single-family residence. There are
remnants of a greenhouse along the eastern project boundary and a pile of debris in the center of the site.
The project site is not included on any Hazardous Wastes and Substances Sites List.-5 Although field
surveys did not reveal any indication of past hazardous materials storage or releases on the property
(garage interior and covered debris pile were inaccessible at the time of the field reconnaissance), the
potential for past use of hazardous materials cannot be completely eliminated. Based on the site's past
uses indicated by the presence of a greenhouse and debris, there would be a potential environmental
concern due to the possible use of agricultural chemicals such as fertilizers and pesticides in the
greenhouse. However, recent Phase I Environmental Site Assessments prepared for other projects in the
Town where the sites were formerly in agricultural use indicate that these chemicals biodegrade over
time. Since these chemicals have not been used on the property recently based on the greenhouse's
current state of disrepair, the potential presence of these chemicals on the site would not appear to be a
significant environmental concern.
The existing structures on the site are proposed for demolition as part of the project. If these buildings
contain asbestos or lead-containing paint, demolition could result in airborne release of hazardous
building materials, such as asbestos fibers or lead dust. The Daves Avenue Elementary School is located
less than one-fourth mile west of the project site. Proposed demolition will be required to comply with
state and federal regulations for inspection and removal of hazardous budding 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 removal will be
required prior to demolition. 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 will be reduced to less than
significant. In addition to implementing asbestos abatement requirements, the project applicant will be
required to implement the following measures to mitigate other public health risks associated with lead-
based paints and any other chemical currently stored within on-site structures to a I ess-than-si gnifi cant
level:
MARCH, 2008 13
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
6. A state certi fled lead-based paint professional shall be retained to perform a lead-based paint survey "N
of the existing structures and the recommendations of the professional shall be followed for
abatement of any identified lead-based paint prior to demolition of the structures.
7. As part of inspections for asbestos and lead-based paints on the project site, all structures and asses
on the site shall also be inspected far the presence of hazardous materials. The identified hazardous
materials being stored on the site shall be legally disposed of in accordance with local, county, and
state regulations.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Stipporting 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?
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
MARCH, 2008 14
INITIAL STUDY -15720 AND 1573$ WINCHESTER BOULEVARD
Storm Drainage. The project site slopes gently downhill from west to east, with storm flows generally
infiltrating on the property. Presently, the 1.043-acre project site is developed with a commercial building,
a parking lot, and one residence. Existing facilities and paving on the project site cover 15,682 s.f.,
approximately 35% of the site.
The project applicant has submitted an analysis of the hydrological and stormwater conditions on the site,
which was prepared by Bowman & Williams, a consulting civil engineering firm.' This report is on file
at the Los Gatos Community Development Department. The study characterizes the project site as three
separate drainage areas: (1) the northwest portion of the site which consists of the parking lot; (2) the
northeast part of the parcel that contains the existing office building and its undeveloped rear yard; and
(3) the southern portion of the site which supports a residence, garage, and green houses. The parking lot
area primarily drains to the storm drain system in Winchester Boulevard. The drainage from the office
building and its rear yard generally infiltrates on-site, with surface drainage flowing overland to the
southeast toward the parking loft of the commercial building immediately south of the project site, and
then draining to a catch basin from which flows are directed to Farley Road. Surface flows from the
southern part of the site drain to the east, collect in a 4-inch drain line along the western boundary of the
adjoining Los Gatos Storage Services property (coinciding with the site's eastern boundary), and also
discharge to Farley Road.
The project plans indicate that the proposed development would increase impervious surfaces from
existing levels to 28,038 s.f., resulting in total coverage of approximately 62 percent of the site. Based on
the design plans, the proportion of impervious surfaces proposed for the northeast part of the project site
would be equivalent to evret;ncy coverage; pre-development and post-development drainage flows from
this part of the site would be equivalent and no mitigation measures are proposed.
Additional impervious surfaces would be constructed on the northwest and southern parts of the project
site. Portions of the surface flows from these two areas would be directed into vegetated swales for
filtration purposes. All of the drainage from these areas would eventually be collected and routed into
proposed stormwater quality control facilities; subsequently, treated storm flows would be channeled into
a detention system which has been sized and designed according to the requirements of the Santa Clara
Valley Urban. Runoff Pollution Prevention Program's C.3 Stormwater Handbook. Existing downstream
storm drain facilities adequately accommodate current 10-year storm runoff flows from the project area,
and the proposed project would not increase downstream peak surface flows (10-year storm flows) due to
proposed detention facilities. Therefore, the proposed project would not significantly affect the existing
downstream storm drainage system capacities (which are sized to accommodate the 10-year storm).
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 expected.
Water ualit. 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.
MARCH, 2008 15
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
The project site is located within the Los Gatos Creek watershed. Runoff from the site would discharge to
the Town's storm drains in Winchester Boulevard and Farley Road, 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 more
than 10,000 s.f. of impervious surface area, the Town has determined that the proposed project is subject
to the provisions of C.3. The project proposes to direct surface runoff into landscaped areas and vegetated
swales as well as provide stormwater treatment facilities on the site. Runoff flows would be treated prior
to entering the project's stormwater detention facilities. These requirements are consistent with .current
non-point source requirements and erosion control portions of the NPDPS permit program.
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporate d
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 parcel is currently developed with a one-story office building and associated parking lot on
the northerly parcel, and a one-story single-family residence, detached two-story garage structure (living
space above garage), and greenhouse on the southern parcel. The project parcel is currently designated by
the existing General Plan as "Office Professional" and zoned "O, Office." The "Office Professional"
General Plan designation allows for professional and general business offices, and is often in close
proximity to neighborhood or community-oriented commercial facilities, serving as a buffer between
commercial and residential uses. The Office zone allows all types of office activities (administrative,
professional, medical, dental, optical laboratories associated with a professional use, real estate,
insurance, stocks and bonds, etc.) and encourages buildings that are compatible with residential
development. The Office zone serves as a buffer between commercial and residential development with a
minimum of traffic generation, particularly at night.
While the proposed project is consistent with the General Plan and Zoning land use designations for this
site, the Community Design Element of the General Plan, Implementation Strategy L.I.4.7 (Winchester
Boulevard Rezoning) states that the Town should consider amending the General Plan's Land Use
Element and the Zoning Code to preserve the existing residential uses along Winchester Boulevard
between Shelburne Way and Pleasant View. The project site is located within this section of Winchester
MAxcx, 2008 16
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Boulevard, but it should be noted that the Town has reviewed this area several times and has chosen not
to amend the General Plan or Zoning code.
The project vicinity is comprised of a mix of office, commercial-industrial, and residential uses. Adjacent
parcels to the south of the project site and south of Farley Road West (fronting on the east side of
Winchester Boulevard) are also zoned for office use and designated as "Office Professional" by the
General Plan. Parcels to the north of site (fronting on the east side of Winchester Boulevard) are zoned for
office use but designated as "Low Density Residential" by the General Plan. Parcels to the east (fronting
on Farley Road West) are currently zoned "LM, Commercial-Industrial." Land uses along Farley Road
West include self-storage warehouses, a nursery, and the Los Gatos-Saratoga High School District office.
Storage facilities adjoin the eastern project boundary. Single-family residences in Monte Sereno are
located to the west across Winchester Boulevard. Since the project site is situated between commercial-
industrial uses to the east, office uses to the south, and residential uses to the north and west, the proposed
office use is consistent with the intent of the General Plan and Zoning Ordinance. The proposed office
building would serve as a buffer between commercial-industrial and residential uses. The proposed office
use also would be consistent with this mix of uses, particularly with the adjacent office building to the
south.
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.
X7. 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?
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?
MAIzcH, 2008 17
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Itn act
Incorporated
Impact
Impact
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?
Project construction would result in temporary short-term noise increases due to the operation of heavy
equipment. Construction noise sources range from about 76 to 85 dBA at 50 feet for most types of
construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for certain types of
earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise
levels could be reduced by 1 to 16 dBA, depending on the type of equipment. The potential for
construction-related noise increases to adversely affect nearby residential receptors would depend on the
location and proximity of construction activities to these receptors.
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. Adjacent uses include one single-family
residence that adjoins the northern project boundary as well as an office building to the south. The
residence is located approximately 15 feet from the northern project boundary. It is expected that most
equipment operation would occur in the vicinity of the proposed building, which would be as close as
approximately 20 feet from this residence. Operation of equipment in the parking lot could occur as close
as approximately 15 feet from this residence. At 20 feet, the ordinance noise limit would result in
maximum noise levels of 87 dBA at the closest home to the southeast. 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. It appears that construction noise levels would periodically exceed 80 dBA or less at the closest
home when construction occurs immediately adjacent to the northern project boundary, primarily when
the north side of the proposed building is under construction. Therefore, enforcement of time restrictions
and noise level standards contained in Ilhe Town Noise Ordinance would help maintain construction noise
levels at acceptable levels most of the time, minimizing the potential for speech interference effects when
heavy equipment is operated on the project site near the adjacent residence. However, given the
proximity of the proposed building to the existing residence to the north, the following additional measure
will be required to reduce potential construction-related noise impacts on this residence to a less-than-
significant level:
8. The northern faVade of the proposed office building shall be enclosed as early in the construction
process as possible to minimize impacts on the existing residence to the north. Proposed fencing
along the northern. property boundary shall be constructed prior to construction of the proposed
building to minimize construction-related noise impacts.
9. Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used on the northern parcel of
the project site shall be hydraulically or electrically powered wherever possible to avoid noise
associated with compressed air exhaust frown pneumatically-powered tools. However, where use of
pneumatically powered tools is unavoidable, an exhaust muffler on. the compressed air exhaust shall
be used; this muffler could lower noise levels from the exhaust by up to about 10 dBA. External
jackets on the tools themselves shall be used where feasible, and this could achieve a reduction of 5
dBA. Quieter procedures such as drilling rather than impact equipment shall be used whenever
feasible.
MARCH, 2008 18
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
10. Stationary noise sources shall be located as far from the existing adjacent residence to the north as
possible. If such noise sources must be located near this residence, they shall be adequately muffled
and enclosed within temporary sheds.
With respect to long-term noise associated with operation of the proposed office building, no significant
noise impacts would be expected. Since there is currently an office building and parking lot adjacent to
the northern project boundary, the proposed project would continue to generate similar noise on the
northern portion of the site. Since the project would relocate the parking lot to the rear of the site, noise
from parking cars at the existing residence to the north would be reduced. Although mechanical
equipment (heating and air conditioning units) would relocated closer to this residence, this equipment
would be located on the roof of the proposed building, which is higher than this residence. This proposed
configuration would minimize potential noise impacts on the residence to the north. In addition, the Town
Noise Ordinance will limit noise increases at the northern project boundary to 6 dBA above: 42 dBA
between 10 p.m. and 6 a.m., 52 dBA between 6 a.m. to 1 p.m., and 56 dBA between 1 p.m. and 10 p.m.
Such noise limits would maintain project-related noise levels within acceptable levels for residential uses
(62 dBA [Leq] or less during the day and 48 dBA [Leq] or less during the night), particularly since
ambient noise levels along this section of Winchester Boulevard are estimated at 65 Ldn at this residence,
which is higher than the noise limits.'
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Nitigation
Significant
No
Impact
Incorporated
Impact
Impact
X11. 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 not result in an increase in local population. The proposed project would
replace an existing office building and single-family residence with a larger office building. Removal of
one housing unit would not be considered a significant reduction in the existing housing supply in Los
Gatos and would not displace a substantial number of people. In addition, the project site is zoned for
office use and residential use is not a permitted use (i.e., certain types of residential use would require a
conditional use permit).
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. The General Plan designates the project parcel for office use and the project would be
consistent with the designated use.
MARCH, 2008 19
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
lvlitigation
Significant
No
Impact
Inco orated
Impact
Impact
X111. 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
Services are already provided to the project site as well as to adjacent office, commercial-industrial and
residential uses. No significant increase in demand on public services are expected to be required for the
proposed building since services are currently provided to the existing office building and residence on
the site. The Santa Clara County Fire Department has reviewed proposed project plans for site access and
water supply, and the project will be required to meet Department requirements for minimum fire flow,
automatic fire sprinklers, hydrant spacing/location, building access requirements, etc.9 The project will be
required to install an automatic fire sprinkler system, provide one public fire hydrant on the east side of
Winchester Boulevard in front of the project site, and be equipped with a permanently installed fire
department emergency access key lock box. The proposed plan will be subject to formal plan review by
the Santa Clara County Fire Department to determine compliance with adopted model codes.
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 project would not add new population to the area, and therefore would not increase the
demand for recreational services.
MARCH, 2008 20
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
Potentially
Significant
Potentially
Impact Unless
Less Than
Issues (and Supporting Information Sources)
Significant
Mitigation
Significant
No
Impact
Incorporated
Impact
Impact
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)?
A detailed traffic impact study was completed by TJKM Transportation Consultants in July 20071° and
this report is available for review at the Town Community Development Department.
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. While the proposed office building would generate 171 daily trips with 24 AM peak hour trips
and 23 PM peak hour trips, the site currently generates traffic from the existing office building and
residence. When project volumes are adjusted for existing on-site traffic, the proposed project would
generate 125 net new average daily trips with 18 net new AM peak hour trips and 17 net new PM peak
hour trips.
Traffic Impacts. TJKM evaluated the project's impact at one signalized intersection in the project
vicinity: Winchester Boulevard/Daves Avenue. Under Existing Conditions, this intersection operates
acceptably (LOS B) during the AM and PM peak hours. With approved projects in the project area
(Background Conditions), increased average delay at this intersection will be negligible (0.1 to 0.2
second/vehicle of average delay), and this intersection is expected to continue to operate acceptably (LOS
B) during the AM and PM peak hours. With the proposed project (Background Plus Project Conditions),
average delays are estimated to increase by up to 1.5 seconds per vehicle at this intersection, with this
intersection continuing to operate at LOS B. Since this intersection would operate acceptably during the
AM and PM (at LOS B) under all future scenarios analyzed, the project would have a less-than-
significant impact on this intersection's service level operation.
MARCH, 2008 21
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
When pending projects are added (Background Plus Project Plus Pending Conditions), this intersection
would operate acceptably at essentially the same LOS B as under Background Pius Project Conditions),
Therefore, the project's traffic contribution would not be cumulatively considerable. There would be a
decrease of 0.1 second of average delay during both the AM and PM peak hours. This slight decrease in
delay is likely due to an increase in non-critical movements.
Safety. While the proposed project would not generate much pedestrian traffic, school-bound children
currently walk along Winchester Boulevard and Daves Avenue during the school peak hours. Currently,
there are sidewalks along both sides of Winchester Boulevard and Daves Avenue and pedestrians can
cross the intersection by an actuated ped-push button (ADA standards) with a count down display. The
pedestrian phase currently operates as a separate phase and is not concurrent with any vehicular phases
for the safety of school bound pedestrians. At the study intersection, the eastbound right-turn traffic
movement on Red (RTOR) is prohibited along with an electronic sign display.
Based on accident reports provided by the Town for the last three years (January 1, 2004 to December 31,
2006), there were no accidents at the intersection of Winchester Boulevard/Daves Avenue. Similarly,
there were no accidents during the same period on Daves Avenue between Winchester Boulevard and
Poppy Lane (closer to Daves Elementary School). The proposed project is expected to generate two
inbound AM peak hour trips and two outbound PM peak hour trips along Daves Avenue. During the AM
peak hour, the inbound and outbound project trips on Winchester Boulevard would be 19 and 3,
respectively, and during the PM peak hour the project trips would be 4 and 19, respectively. Based on
pedestrian counts taken during school and traffic peak hours, the project's estimated peak hour volumes,
and the project's less-than-significant impact on traffic congestion, signal delay; and intersection
operations, it is expected that the project's impact on school-related pedestrian safety would likewise be
less than significant.
Site Access and Parking. Currently, the project site is served by two access driveways located on the east
side of Winchester Boulevard, one at Daves Avenue and the other slightly to the north. With the proposed
project, the northerly access driveway would be eliminated and the proposed driveway (approximately
coinciding with the existing southerly driveway) would form the east leg of the Winchester
Boulevard/Daves Avenue intersection. Currently, the southbound left-turn access to the project site is a
permissive phase via two-way, left-turn lane at Winchester Boulevard/Daves Avenue intersection. To
accommodate proposed access improvements and driveway relocation at this intersection, the following
measure will be required:
H. The southbound left-turn access into the project should be improved by striping a southbound left-
turn only lane for a minitnum of 75 feet. In addition, all necessary signal head
installationsltnodifications to provide a southbound left-turn protective phase, intersection
improvements and relevant signal timing changes are also recommended.
The proposed plan indicates that a total of 66 parking spaces would be provided on-site, with 32 spaces
located within the proposed parking garage 34 spaces in the surface parking lot. The Los Gatos Parking
Code requires one parking space for every 235 s.f. of gross floor area of business and professional office
space. At this rate, the proposed building (15,510 s.f. of office space) would require 66 parking spaces
and the project would meet this requirement. Therefore, proposed parking facilities would be adequate.
Currently, there are bike lanes along Winchester Boulevard in the vicinity of the project site. Based on
field observations and Santa Clara Valley Transit Authority website, only Line 48 runs along Winchester
Boulevard in the vicinity of the project site. Line 48 operates between the Winchester - Transit Center and
the Los Gatos Civic Center via Winchester Boulevard. There is a bus stop with a pullover bay striped at
the southwest quadrant of Winchester Boulevard/Daves Avenue intersection.
MARCH, 2008 22
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
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?
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?
I-) Comply with federal, state, and local statutes and
X
regulations related to solid waste?
Utility facilities are currently provided to the project site. The proposed building will be required to
connect to the existing water and sewer lines located at the western project boundary in Winchester
Boulevard. Project development would also include construction of storm drainage facilities (see Section
VIII, Hydrology and Water Quality). The Fire Department will also 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.
XVIL 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?
MARCH, 2008 23
INITIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
ssues (and Supporting Information Sources)
Potentially
Significant
Im act
Potentially
Significant
Impact Unless
Mitigation
Inco orated
Less Than
Significant
Impact
o
Im act
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?
MARCH, 2008 24
INPFIAL STUDY -15720 AND 15736 WINCHESTER BOULEVARD
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.
Arbor Resources, 2007. A Tree Inventory and Review of the Proposed Development at 15720 & 15736
Winchester Boulevard, Los Gatos, California. June 18.
3 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.
4 Nolan Associates, 1999. Draft Fault, Lineament & Coseismic Deformation Map for the Town of Los
Gatos General Plan Update. January 17.
5 Town of Los Gatos Development Application Supplement, Hazardous Wastes and Substances Statement
for 15720 and 15736 Winchester Boulevard, Los Gatos, November 21, 2006.
6 Bowman & Williams, 2007. Preliminary Hydrology and Stormwdter Detention Calculations. September
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).
$ Source of noise level estimates for Winchester Boulevard: Robert Bein, William Frost & Associates,
2000. Draft Environmental Impact Report: General Plan 2000, Los Gatos, California. April 14.
Leq is the energy equivalent noise level, a steady-state energy level which represents the acoustical
energy of a given measurement period that is equal to the actual time-varying sound level measured
during the same period.
Ldn is a 24--hour noise descriptor. Because community receptors are more sensitive to unwanted noise
intrusion at night, an artificial dB increment is added to quiet time noise levels for planning purposes.
Ldn adds a 10-dB penalty to all noise levels between 10:00 p.m. and 7:00 a.m.
9 Santa Clara County Fire Department, 2007. Development Review Comments, 15720 Winchester
Boulevard. October 23.
io TJKM Transportation Consultants, 2007. A Traffic Study for a General Office Building at 15720 -
15736 Winchester Boulevard in the Town of Los Gatos. July 24.
MARCH, 2008 25
~_y'
ATTACHMENT I
TREE INVENTORY AND REVIEW RECOMMENDATIONS
FOR
PROPOSED DEVELOPMENT
AT
15720 & 15736 WINCHESTER BOULEVARD
LOS GATOS, CALIFORNIA
JUNE 189 2007
BY
ARBOR RESOURCES
r_ ARBOR RESOURCES
Professional 4rborieultural Consulting & Tree Care
A TREE INVENTORY AND REVIEW OF THE
PROPOSED DEVELOPMENT AT
15720 & 15736 WINCHESTER BOULEVARD
LOS GATOS, CALIFORNIA
PROPERTY OWNER: Martin Dermer
APPLICANT: John Lien
ARCHITECTURE AND SITE APPLICATION S-07-34
APN: 42427-011 and 051
Submitted to:
Curtis Banks
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
ISf4 Certified Arborist WE-4001A
June 18, 2007
P_O. Box 25295, San Mateo, California 94402 • Email: arborresources@corncast.net
Phone: 650.654.3353 • Fax: 650.240.0777 Licensed Contractor #796763
David L. Babby, Registered Consulting Arborist June 1$, 2007
The site contains numerous trees at risk of complete failure, either in part or whole, some
of which are within striking distance of the existing home, office building, and/or parking
lot. Specific trees where I observed immediate hazards include #4, 24, and numerous
wattle trees throughout the site. As these trees could fail at anytime, I recommend their
removal occurs immediately (or at least the parts within striking distance of a target) to
avoid the risk of property damage and personal injury. Information regarding these trees
can be viewed in Exhibit A.
5.0 RECOMMENDATIONS
Recommendations presented within this section are based on plans reviewed and serve as
guidelines to mitigate impacts to trees being retained and removed. They should be
carefully followed and incorporated into project plans. Please note that they are subject to
revision upon reviewing any additional or revised plans.
5.1 Design Guidelines
1. Recommendations presented in Section 4.0 of this report should be incorporated into
the project design.
2. Each inventoried tree and assigned number should be added to Sheets 1, 2, 3, 5 and 6.
Additionally, the canopy dimensions of retained trees should also be shown; their
approximate sizes can be viewed in Exhibit A (note that the canopy dimensions shown
on Sheet I do not accurately reflect the trees' actual canopy sizes; refer to the table in
Exhibit A for canopy spreads).
3. The permanent and temporary drainage design, including downspouts, should not
require water being discharged beneath the canopies.
4. Replacement trees to mitigate the loss of trees removed, shall, pursuant to Section
29.10.0985 of the Town Code, be determined by the Parrs and Public Works
Department. All new trees shall be planted prior to final inspection, double-staked
15720 & 15736 Winchester Boulevard, Los Gatos Page 6 of 10
Town of Los Gatos Comi utnity Development Department
David L. Babby, Registered Consulting Arborist June 18, 2007
with rubber tree ties, irrigated with an automatic drip or bubbler system placed on the
soil surface and not in a sleeve. Additionally, to achieve the greatest assurance of
proper installation, all new trees shall be installed, including necessary irrigation, by an
experienced state-licensed landscape contractor (or a professional tree company).
5. Per Section 29.10.1000(C.1) of the Ordinance, a copy of this report must be
incorporated into the final set of project plans, titled Sheet(s) T-1, T-2, etc. (Tree
Protection Instructions), and referenced on all site-related plans.
6. The proposed landscape design should conform to the following guidelines:
a. Installation of plant material within a beneath a tree's canopy should be limited and
planted at least five feet from the trunks of existing trees. Plant material should be
avoided beneath the canopies of oak trees.
b. Irrigation should not spray beneath an oak's canopy, or strike within a few feet
from the trunks all other trees.
c. In the event trenches for irrigation and/or lighting are required beneath a canopy,
they shall be installed in a radial direction to the trees' trunks. If irrigation trenches
cannot be routed as such, the work may need to be performed using a pneumatic air
device, such as an Air-Spade®, to avoid unnecessary root damage.
d. Stones, mulch and fencing should not be placed against the tree's trunk. Plastic
ground cover, tilling and bender board should also be avoided beneath canopies.
5.2 Protection Measures before and during Development
7. Prior to site demolition and clearing, an on-site, pre-construction meeting should be
held between the project arboristz and contractor. The intent is to review trees being
removed, procedures for digging beneath or near canopies, protection fencing
locations, staging areas, routes of access, cleanout pits, possible mulching,
supplemental watering, demolition work, and any other required protection measures.
z The "project arborist" refers to an individual that is certified by the International Society of Arboriculture
(ISA) and/or is a member of the American Society of Consulting Arborists (ASCA).
15720 & 15736 Winchester Boulevard, Los Gatos Page 7 of 10
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Abborist June 18, 2007
8. Tree protective fencing must be established prior to any demolition, grading, surface
scraping, or heavy equipment arriving on site, and shall be comprised of six-foot high
chain link mounted on eight-foot tall, two-inch diameter steel posts that are driven 24
inches into the ground and spaced no more than 10 feet apart. Once established, the
fencing must remain undisturbed and be maintained throughout construction until final
inspection; its location shall be approved by the project arborist. The fencing must be
maintained throughout development and at no time should it be opened or relocated
without direct authorization from the project arborist.
9. Unless otherwise approved, all construction activities must be conducted outside the
designated-fenced areas (even after fencing is removed), to include, but not limited to,
the following: demolition, stripping of topsoil, trenching, equipment cleaning,
stockpiling/dumping of materials, and equipment/vehicle operation and parking.
Additionally, signs, wires or other objects should not be attached to the trunks.
10. The following shall be displayed on 8.5- by 11-inch signs (minimum) and attached to
the fencing every 50 feet on the side facing construction activities: "WARNING
TREE PROTECTIVE ZONE - this fence shall not be removed. Violators are subject
to a penalty according to Town Code 29,10.1025." These signs should be posted
congruently with the installation of fencing.
11. The project arborist should also be informed of and, if necessary, monitor development
activities authorized beneath the canopies of retained trees. Unless otherwise
specifically approved by the arborist, all work beneath a canopy shall be manually
performed (e.g. shovels and wheelbarrows) without the use of heavy equipment or
tractors.
12. Prior to grading or excavating soil for the foundation and parking garage, I recommend
a one-foot wide trench is manually dug along the foundation/park ng garage perimeter
where within a distance of 10 times the trunk diameters. The trench should be dug to a
2.5-foot depth, and shall occur where excavation will occur closest to the trunk; note
that overcut should not exceed a distance of 24 inches beyond the foundation/garage.
15720 & 15736 Winchester Boulevard, Los Gatos Page 8 of 10
Town of Los Gatos Community Development Departnmew
David L. Babby, Registered Comulting Abborist Jame 18, 2007
Any roots encountered during the process should be cleanly severed against the soil
cut. Roots encountered with diameters of two inches and greater should be treated
according to the project arborist.
13. Where within a distance of 10 times the trunk diameters of trees being retained, soil
nailing and shotcrete will seemingly be necessary to avoid excavation and soil
disturbance beyond 24 inches from the parking garage and foundation.
14. During trenching, roots encountered with diameters of two inches and greater should
be retained, protected, and if necessary, tunneled beneath. Roots requiring removal
with diameters smaller than this must be cleanly severed against the side of the soil cut
or trench closest to the nearest trunk.
15. All existing, unused lines or pipes beneath the canopies of retained trees should be
abandoned and cut off at existing soil grade (versus being dug up and causing
subsequent root damage).
16. Great care must be taken by equipment operators to position their equipment to avoid
the trunks and branches of trees. Where a conflict exists, pruning may be necessary to
avoid tree damage.
17. The post locations of new fencing installed beneath a tree's canopy should be first
reviewed by the project arborist prior to digging. A post-hole digger should be used
for digging the first three feet below grade. In the event a root of two inches and
greater in diameter is encountered during the process, the hole(s) shall be resituated. A
manually-operated mechanical auger can be used to drill the remaining depth.
18. Recommendations that are presented within Section 5.1 of this report and pertain to
implementing the project plans should also be followed.
19. The relocation of trees must be performed by a professional tree service company and
under the supervision of an individual certified by the ISA. All measures
15720 & 15736 Winachester Boulevard, Los Gatos Page 9 of 10
Town of Los Gatos Comnumity Developmeiit Department
David L. Babby, Registered Consulting Arborist Jame 18, 2007
recommended by the company regarding pre- and post-transplant care shall be
followed.
20. Throughout construction during the months of May thru October (or as deemed by the
project arborist), supplemental water shall be supplied to the retained trees. The
methodology, frequency and amounts shall be prescribed by the project arborist.
21. The pruning and removal of trees shall be performed per ISA standards and by a
licensed tree service company that has an ISA Certified Arborist in a supervisory role.
22. Any stump being removed beneath a tree's canopy shall occur using a stump grinder
rather than being pulled up with an excavator or backhoe. This work can typically be
performed by the tree service performing the removals.
23. Great care must be taken by equipment operators to position their equipment to avoid
the trunks and branches of trees. Where a conflict exists, the project arborist should be
advised to provide a feasible solution.
24. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited
beneath canopies or anywhere on site that allows drainage beneath or near 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:
David L. Babby, RC
Date: June 19, 2007
A
15720 & 15736 Winchester Boulevard, Los Gatos Page 10 of 10
Town of Los Gatos Community Development Department
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NOTICE
TOWN OF Los GATOS
ENVIRONMENTAL IMPACT REVIEW
MITIGATED NEGATIVE DECLARATION
Lead Agency: Town of Los Gatos
Community Development Department
110 East Main Street
Los Gatos, CA 95031
Project Title and
Location: 15720 and 15736 Winchester Boulevard
Architecture and Site Application S-07-34
Subdivision Application M-07-13
Project Description: The project applicant is requesting approval to demolish two structures (including a
single-fancily residence built prior to 1941), merge two existing parcels, and construct a new office
building. The project site consists of two parcels (APN 424-27-011 and 424-27-051) and is located on the
east side of the Daves Avenue/Winchester Boulevard intersection. The project site is 1.043 gross acres or
0.84 net acre with dedications. These two parcels are currently developed with an existing office building,
associated paved parking lot, single-family residence, detached garage, and greenhouse structure. The
proposed project would demolish all existing structures on these parcels and construct a 15,510 square-
foot, three-story office building and parking lot. The proposed building would have two floors of office
space (8,140 square feet [s.f.] on the first floor, 7,370 s.f. on the second floor) above an 11,310 square-
foot parking garage. The project would provide 32 parking spaces in the parking garage and 34 parking
stalls in the surface parking lot.
The project site currently has two driveways on Winchester Boulevard. The northern driveway provides
access to the existing office building. The southern driveway, located directly opposite Daves Avenue,
accesses the single-family residence. The proposed project design 'has one driveway, located
approximately where the existing southern driveway is located; the site's northern driveway on
Winchester Boulevard would be eliminated.
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 site is located on the cast side of Winchester Boulevard, and the project
property does not front onto any other public streets. Therefore, it is most visible from Winchester
Boulevard, but views of the site from this street are limited to the western portions of the site due to the
site's downslope grade from Winchester Boulevard. Elevations along the eastern project boundary are
approximately 10 feet below the western site frontage on Winchester Boulevard. Two existing masonry
buildings associated with Las Gatos Storage Services adjoin the eastern project boundary, while an
existing office building is located along the southern boundary. These buildings and associated
landscaping block or obscure views of the site from Parley Road West to the south.
MARCH, 2008
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
The proposed three-story building would be taller than existing one-story buildings currently on the site
as well as surrounding buildings. From street level on Winchester Boulevard, the western fagade of the
proposed building would appear as a 30-foot high, two-story building. Due to the change in grade from
Winchester Boulevard, the lower parking garage level would be accessed from below on the east side of
the building, and would not be visible from Winchester Boulevard. There is a two-story office building
immediately south of the site (approximately 24 feet high) and a one-story residence to the north
(approximately 19 feet high). From Winchester, the proposed building would appear approximately six
feet taller than the two-story office building to the south and I I feet higher than the one-story house to the
north. The eastern fagade of the proposed building would also be approximately 12 feet higher than the
masonry buildings along the site's eastern boundary. The masonry buildings to the east have no windows
facing west (toward the site) and therefore, views from these buildings would not be affected by the
project. However, the proposed building would likely be visible from the parking lot associated with the
office building to the south. It should also be noted that views from the residence to the north would be
substantially altered since the portion of the trees located on the site along the northern property boundary
would be removed. It appears that one or more trunks of some of the trees along the northern boundary
are situated on the property to the north. As a result, only the trunks on the project site would be removed
as part of the project unless authorization from the neighboring property can be obtained. If all tree trunks
are removed, potential view changes from this home would be increased.
The proposed building would have a strong presence on the streetscape, having less intense front setback
landscaping than other nearby parcels with site frontage on Winchester Boulevard. However, Cannon
Design Group (CDG) did not have any concerns regarding building design. If concerns are raised
regarding building visibility, CDG recommeuds addition of evurgrurm laijdscape trees to screen key views
from the south, west, and north.
Exterior lighting is already provided on-site for existing office and residential uses. The proposed
building would increase exterior lighting on the project site, particularly in the surface parking lot. To
reduce the potential for disturbance due to nighttime lighting, the project will need to satisfy Town Code
Section 29.10.09035, which prohibits the production of direct or reflected glare (such as that produced by
floodlight onto any area outside the project boundary).
2. Agriculture Resources: The 1.043-acre project site is currently developed with office and residential
uses. While there is a dilapidated greenhouse structure on the southern parcel, the site is not in
agricultural use and has no agricultural potential due to its small size and urbanized location. Therefore,
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 BAGS 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 BAGS was approved, consistency of the project with the General Plan would indicate consistency
with the BAGS. The project 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 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 Planning Department, the proposed project would
result in a net increase of 125 daily trips, with 18 AM peak hour trips and 17 PM peak hour trips. Air
MARCH, 2008 2
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
emissions increases associated with the proposed project would be considered less than significant since
the size of the proposed project would not exceed 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 110,000 s.f. of medical office
or 280,000 s.f. of general office 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 parcel is 1.043 acres, and project construction would result
in surface disturbance of approximately 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 reduce the project's construction-related air quality impacts to a less-than-significant
level.
In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32;
California Health and Safety Code Division 25.5, Sections 38500, et seq.), which limits statewide
greenhouse gas (GHG) emissions to 1990 levels and establishes a goal of achieving these emissions
reductions by 2020 (representing a 25 percent reduction in emissions). AB 32 requires the California Air
Resources Board (CA11:1LJ) to adopt a comprehensive blueprint for limiting greenhouse gas cmissions by
the end of 2008 and complete the necessary rulemaking to implement that plan by the end of 2011,
including adoption of a list of discrete, Early Action Measures that can be implemented before January 1,
2010. At present, adopted early action measures include a low-carbon fuel standard, reduction of
refrigerant losses from motor vehicle air conditioning system maintenance, and increased methane
capture from landfills. Cumulatively, all 44 early actions could achieve a reduction of 42 million metric
tons of C02-Equivalents by 2020. Some proposed measures will require new legislation to implement,
some will require subsidies, some have already been developed, and some will require additional effort to
evaluate and quantify. While most measures relate to transportation, fuels, agriculture, commercial uses,
businesses, and local government, there is one measure that could be relevant to the project, if adopted:
CARB 2-9, Energy Efficiency, which calls for provision of light-covered paving, cool roofs, and shade
trees.
Since the CARB has not adopted a methodology or defined quantitative thresholds that can be applied to
a specific development project to evaluate an individual project's contribution to GHG emissions, no
significance determination for the proposed project can be made at this time. However, until such time
that a methodology is adopted and mitigation can be applied, it is recommended that the Town review
designs during the Architecture and Site review process to ensure that energy efficiency measures have
been incorporated into projects to the maximum extent feasible (including light--covered paving, cool
roofs, and shade trees). It is also recommended that solar access to the project building as well as existing
adjacent structures be maintained to the maximurn extent feasible. The project's shadow study (included
in project plans dated November 15, 2006) indicates the project would shade the adjacent home to the
north for most of the day during the winter. However, the shadow study does not appear to account for
shading by existing trees located along the project's northern boundary. These trees appear to already
shade this house during the winter, but the proposed building could increase shading of the adjacent
house. Shading is a design issue that will be reviewed as part of the Architecture and Site review process.
MARCH, 2008
MrrIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
4. Biological Resources: Vegetation on the project site consists of landscape trees, shrubs, and
groundcover on the northern parcel; grasses and weedy species predominate throughout the southern
parcel. The 1.043-acre site supports a variety of landscape trees primarily on the perimeter of both
parcels. 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.
Arbor Resources completed an arboricultural survey for the proposed project in June 2007, and a copy of
this study is on file with the Los Gatos Community Development Department. The Arbor Resources'
survey identified a total of 44 trees that could be affected by the proposed project. Of these 44 trees, 26
are not shown project plans but are subject to varying degrees of impacts during development and must be
disclosed for conformance with Section 29.10.0995 of the Town's Ordinance. Also, the trunks of 17 trees
are sufficiently close on properties adjoining the site as to be vulnerable to potential damage during
development [Section 29.10.0995(B) of the Town's Municipal Code]. One tree listed in the inventory is
located in the public right-of-way and is regarded as a street tree. The 44 trees inventoried for this project
have been evaluated for their suitability for preservation:
Suitability for Preservation Number of Trees Inventory Number
High
1, 14, 30, 31, 42
Moderate 15 2, 3, 5, 7, 10 -12, 15, 17, 18, 25 - 27, 36, 43
Low 24 4, 6, 8, 9, 13, 16, 19 - 24, 28, 29, 32 - 35, 37 -
41,44
Total 44
The project plans indicate that trees on the site would not be retained. Based upon the Site Demolition
Plan, all 31 trees with trunks situated on the subject site would be removed; these include #4, 6, 7, 9, 11-
31, 33, 34, and 37-40. Based upon species, condition, size and/or location, the arborist's assessment
indicates that the loss of all but #12, 30, and 31 would conform to Section 29.10.0990 (Standards of
Review) of the Town's Municipal Code. Trees #12, 30, and 31 are coast live oaks that appear in vigorous
condition and have relatively balanced canopies and stable structures. These oaks also grow within an
open area on the site and may be easily located to an alternate location. The arborist's report recommends
that these oaks be transplanted rather than removed; they could be reestablished at the three large planter
areas proposed for the project, one tree per location.
Of the trees to be removed, #33, 34, 38, and 39 (all multi-trunk wattle) are situated along the northern
boundary and have one or more trunks situated seemingly on the neighboring property. As a result, the
removal of trunks entirely on the subject site can be expected. In the event authorization to remove trunks
from the neighboring property owner can be approved, then the loss of the entire trees can occur. Also,
the removal of the wattle trees along the northern boundary will increase site safety for both properties,
but will reduce the existing screening element provided by these trees. Under these conditions, a carefully
planned landscape design is essential to replace their loss and improve the screening over the long-term.
MARCH, 2008 4
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
The 13 off-site trees anticipated for retention include: #1-3, 5, 8, 10, 32, 35, 36, and 41-44. Of these, #1-3,
5, 8, 10, 32, 35, 36 would be impacted at tolerable levels during implementation of the proposed plans
under the following conditions:
■ Excavation for the sections of the underground garage within a radial distance of 10 times their trunk
diameters does not require overcut/overbuild beyond the future garage wall.
■ No soil disturbance (trenching and grading) occurs beyond 24 inches from the future building
footprint; soil nailing and shotcrete construction may be necessary.
Trees #41 through 44 would be potentially affected by trenching for utility line extensions. Minimal
protection for these trees would require limitations on trenching or soil disturbance and maintenance of
appropriate separation distances between tree trunks and utility trenches that are excavated as part of the
project.
AR recommends the proposed landscape design be revised to address the following minimal
considerations: the relocation oak trees #12, 30, and 31, as previously mentioned; installing new trees of
an appropriate size and amount to mitigate those being removed; reestablishing a screening element along
the northern boundary; the mature size of trees proposed for installation in small growing spaces; the
overhead canopies and root zones of existing trees on neighboring properties; and trees that can perform
for the long-term.
The Town will =,uire 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 (June 18, 2007) shall be implemented to
eliminate or minimize the construction-related impacts on the trees to be retained. Recommendations
are listed under Section 5.0, Recommendations, of the arborist's report. These include Design
Guidelines, addressing tree location mapping, protective fencing, building setback, trenching,
drainage facilities, and installation of new trees (including installation of three new trees of 24-inch
box size). The report also provides Protection Measures before and during construction,
encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc. The report's
recommendations are included as Attachment 1 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: Project implementation would result in demolition of the existing structures and
parkins lot pavement on the project site. While the existing office building is recent construction, the
existing single-family residence was constructed prior to 1941 and Town Code requires that all buildings
of this age be evaluated for its historic value, The proposal to demolish this building was presented to the
Los Gatos Historic Preservation Committee (HPC) on June 20, 2007. The HPC recommended approval
of the demolition to the Planning Commission for the following reasons:
■ The structure is not historically significant.
■ The building is not associated with any events that have made a significant contribution to the Town.
■ No significant persons are associated with the site.
MARCH, 2008 5
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
• The structure is not architecturally significant and has no architectural character. There are no
distinctive characteristics of type, period or method of construction or representation of work of a
master.
Based on the information in the structural report, the building is in a deteriorated condition.
■ In terms of context, the residence is out of place since it is not located in a residential neighborhood.
For purposes of CEQA, an important historic resource is one that:
Is associated with events that have made a significant contribution to the broad patterns California's
history and cultural heritage;
■ Is associated with the lives of persons important to our past;
■ Embodies the distinctive characteristics of a type, period, region, or method of construction, or
represents the work of an important creative individual, Or possesses high artistic value;
■ Has yielded or may be likely to yield information important in prehistory or history.
Based on the HPC findings and these criteria, the existing residence would not be an important historic
resource and therefore, proposed demolition would be less than significant.
The project site is already developed and surface soils were disturbed during construction of existing
development on the subject property. Although the site is located approximately 1,300 feet west of Los
Gatos Creek, the potential for encountering cultural resources cannot be completely eliminated due to the
site's proximity to the creek and relatively level topography. In addition, the project would involve
excavation of 500 cubic yards to accommodate the parking garage. 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 shall 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,
MARCH, 2008 6
MTTIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
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 a
moderate to high shrink-swell potential, very low potential for liquefaction, low potential for fault
rupture, and moderate potential for seismic shaking. Due to the site's relatively level topography, no
slope stability or debris flow hazards were identified for the site. The Town's Fault Map indicates that
there are no known faults traversing the site although lineation indicative of faulting is also identified on
the project site. The Santa Clara County Geologic Hazard Zones Map indicates the project site is located
outside identified Fault Rupture Zones.
The Town's hazards maps also indicate the site has a moderate potential for erosion hazard. Approximate
grading quantities for the project are proposed to be 500 cubic yards of cut and 100 cubic yards of fill,
resulting in a net export of 400 cubic yards of excavated material. Town requirements will include
preparation and implementation of interim and final erosion control plans. With implementation of these
plans, potential erosion hazards would be less than significant.
At a minimum, the proposed building would be expected to be subject to strong groundshaking during its
design life, particularly given its proximity to an identified fault. However, it should be noted that most
of the Bay Area as well as surrounding development are subject to groundshaking hazards. As a standard
condition of Architecture and Site approval, 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. UBC standards account for a development's
vulnerability to seismic hazards based on its proximity to active faults and Los Gatos utilizes a different
section of the UBC seismic table due its proximity to Class B faults. Therefore, compliance with
applicable UBC requirements would be adequate to address regional seismic safety concerns such as
groundshaking. Assuming all recommendations of the required report are incorporated into the project
design, no significant impacts from soil engineering constraints would be anticipated.
7. Hazards and Hazardous Materials: The project site is currently developed with an office building
and single--family residence. There are remnants of a greenhouse along the eastern project boundary and a
pile of debris in the center of the site. The project site is not included on any Hazardous Wastes and
Substances Sites List. Although field surveys did not reveal any indication of past hazardous materials
storage or releases on the property (garage interior and covered debris pile were inaccessible at the time
of the field reconnaissance), the potential for past use of hazardous materials cannot be completely
eliminated. Based on the site's past uses indicated by the presence of a greenhouse and debris, there
would be a potential environmental concern due to the possible use of agricultural chemicals such as
fertilizers and pesticides in the greenhouse. However, recent Phase I Environmental Site Assessments
prepared for other projects in the Town where the sites were formerly in agricultural use indicate that
these chemicals biodegrade over time. Since these chemicals have not been used on the property recently
based on the greenhouse's current state of disrepair, the potential presence of these chemicals on the site
would not appear to be a significant environmental concern.
The existing structures on the site are proposed for demolition as part of the project. If these buildings
contain asbestos or lead-containing paint, demolition could result in airborne release of hazardous
building materials, such as asbestos fibers or lead dust. The Daves Avenue Elementary School is located
MARCH, 2008 7
MITIGATED NEGATIVE DECLARATION- 15720 AND 15736 WINCHESTER BOULEVARD
less than one-fourth mile west of the project site. Proposed demolition 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 removal will be
required prior to demolition. 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 will be reduced to less than
significant. In addition to implementing asbestos abatement requirements, the project applicant will be
required to implement the following measures to mitigate other public health risks associated with lead-
based paints and any other chemical currently stored within on-site structures to a less-than-significant
level:
MITIGATION: 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 demolition of the structures.
MITIGATION: As part of inspections for asbestos and lead-based paints on the project site, all structures
and uses on the site shall also be inspected for the presence of hazardous materials. The identified
hazardous materials being stored on the site shall be legally disposed of in accordance with local,
county, and state regulations.
MITIGATION MONITORING: The Building Division of the Community Development Department will
be responsible for ensuring that these measures are implemented appropriately prior to and during
construction.
8. Hydrology and Water Quality: The project site slopes gently downhill from west to east, with storm
flows generally infiltrating on the property. Presently, the 1.043-acre project site is developed with a
commercial building, a parking lot, and one residence. Existing facilities and paving on the project site
cover 15,682 s.f., approximately 35% of the site.
The project applicant has submitted an analysis of the hydrological and stormwater conditions on the site,
which was prepared by Bowman & Williams, a consulting civil engineering firm. This report is on file at
the Los Gatos Community Development Department. The study characterizes the project site as three
separate drainage areas: (1) the northwest portion of the site which consists of the parking lot; (2) the
northeast part of the parcel that contains the existing office building and its undeveloped rear yard; and
(3) the southern portion of the site which supports a residence, garage, and green houses. The parking lot
area primarily drains to the storm drain system in Winchester Boulevard. The drainage from the office
building and its rear yard generally infiltrates on-site, with surface drainage flowing overland to the
southeast toward the parking lot of the commercial building immediately south of the project site, and
then draining to a catch basin from which flows are directed to Farley Road. Surface flows from the
southern part of the site drain to the east, collect in a 4-inch drain line along the western boundary of the
adjoining Los Gatos Storage Services property (coinciding with the site's eastern boundary), and also
discharge to Farley Road.
The project plans indicate that the proposed development would increase impervious surfaces from
existing levels to 28,038 s.f., resulting in total coverage of approximately 62 percent of the site. Based on
the design plans, the proportion of impervious surfaces proposed for the northeast part of the project site
would be equivalent to existing coverage; pre-development and post-development drainage flows from
this part of the site would be equivalent and no mitigation measures are proposed.
MARCH, 2008
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
Additional impervious surfaces would be constructed on the northwest and southern parts of the project
site. Portions of the surface flows from these two areas would be directed into vegetated swales for
filtration purposes. All of the drainage from these areas would eventually be collected and routed into
proposed stormwater quality control facilities; subsequently, treated storm flows would be channeled into
a detention system which has been sized and designed according to the requirements of the Santa Clara
Valley Urban Runoff Pollution Prevention Program's C.3 Stormwater Handbook. Existing downstream
storm drain facilities adequately accommodate current 10-year storm runoff flows from the project area,
and the proposed project would not increase downstream peak surface flows (10-year storm flows) due to
proposed detention facilities. Therefore, the proposed project would not significantly affect the existing
downstream storm drainage system capacities (which are sized to accommodate the 10-year storm).
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 amps show the project site does not lie within a flood zone. Therefore, no
significant flood hazard impacts would be expected.
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.
The project site is located within the Los Gatos Creek watershed. Runoff from the site would discharge to
the Town's storm drains in Winchester Boulevard and Farley Road, 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 more
than 10,000 s.f. of impervious surface area, the Town has determined that the proposed project is subject
to the provisions of C.3. The project proposes to direct surface runoff into landscaped areas and vegetated
swales as well as provide stormwater treatment facilities on the site. Runoff flows would be treated prior
to entering the project's stormwater detention facilities. 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 parcel is currently developed with a one-story office building
and associated parking lot on the northerly parcel, and a one-story single-family residence, detached two-
story garage structure (living space above garage), and greenhouse on the southern parcel. The project
parcel is currently designated by the existing General Plan as "Office Professional" and zoned "O,
Office." The "Office Professional" General Plan designation allows for professional and general business
offices, and is often in close proximity to neighborhood or community-oriented commercial facilities,
serving as a buffer between commercial and residential uses. The Office zone allows all types of office
activities (administrative, professional, medical, dental, optical laboratories associated with a professional
MARCH, 200$ 9
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
use, real estate, insurance, stocks and bonds, etc.) and encourages buildings that are compatible with
residential development. The Office zone serves as a buffer between commercial and residential
development with a minimum of traffic generation, particularly at night.
While the proposed project is consistent with the General Plan and Zoning land use designations for this
site, the Community Design Element of the General Plan, Implementation Strategy L.1.43 (Winchester
Boulevard Rezoning) states that the Town should consider amending the General Plan's Land Use
Element and the Zoning Code to preserve the existing residential uses along Winchester Boulevard
between Shelburne Way and Pleasant View. The project site is located within this section of Winchester
Boulevard, but it should be noted that the Town has reviewed this area several times and has chosen not
to amend the General Plan or Zoning code.
The project vicinity is comprised of a mix of office, commercial-industrial, and residential uses. Adjacent
parcels to the south of the project site and south of Farley Road West (fronting on the east side of
Winchester Boulevard) are also zoned for office use and designated as "Office Professional" by the
General Plan. Parcels to the north of site (fronting on the east side of Winchester Boulevard) are zoned for
office use but designated as "Law Density Residential" by the General Plan. Parcels to the east (fronting
on Farley Road West) are currently zoned "LM, Commercial-Industrial." Land uses along Farley Road
West include self-storage warehouses, a nursery, and the Los Gatos-Saratoga High School District office.
Storage facilities adjoin the eastern project boundary. Single-family residences in Monte Sereno are
located to the west across Winchester Boulevard. Since the project site is situated between commercial-
industrial uses to the cast, office uses to the south, and residential uses to the north and west, the proposed
office use is consistent With the intent of the General Plan and Zoning Ord nance. The proposed office
building would serve as a buffer between commercial-industrial and residential uses. The proposed office
use also would be consistent with this mix of uses, particularly with the adjacent office building to the
south.
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: Project construction would result in temporary short-term noise increases due to the operation
of heavy equipment. Construction noise sources range from about 76 to 85 dBA at 50 feet for most types
of construction equipment with slightly higher levels of about 88 to 91 dBA at 50 feet for certain types of
earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise
levels could be reduced by I to 16 dBA, depending on the type of equipment. The potential for
construction-related noise increases to adversely affect nearby residential receptors would depend on the
location and proximity of construction activities to these receptors.
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. Adjacent uses include one single-family
residence that adjoins the northern project boundary as well as an office building to the south. The
residence is located approximately 15 feet from the northern project boundary. It is expected that most
equipment operation would occur in the vicinity of the proposed building, which would be as close as
approximately 20 feet from this residence. Operation of equipment in the parking lot could occur as close
as approximately 15 feet from this residence. At 20 feet, the ordinance noise limit would result in
maximum noise levels of 87 dBA at the closest home to the southeast. 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. It appears that construction noise levels would periodically exceed 80 dBA or less at the closest
MARCH, 2008 10
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
home when construction occurs immediately adjacent to the northern project boundary, primarily when
the north side of the proposed building is under construction. Therefore, enforcement of time restrictions
and noise level standards contained in the Town Noise Ordinance would help maintain construction noise
levels at acceptable levels most of the time, minimizing the potential for speech interference effects when
heavy equipment is operated on the project site near the adjacent residence. However, given the
proximity of the proposed building to the existing residence to the north, the following additional measure
will be required to reduce potential construction-related noise impacts on this residence to a less-than-
significant level:
MITIGATION: The northern facade of the proposed office building shall be enclosed as early in the
construction process as possible to minimize impacts on the existing residence to the north. Proposed
fencing along the northern property boundary shall be constructed prior to construction of the
proposed building to minimize construction-related noise impacts.
MITIGATION: Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used on the
northern parcel of the project site shall be hydraulically or electrically powered wherever possible to
avoid noise associated with compressed air exhaust from pneumatically-powered tools. However,
where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air
exhaust shall be used; this muffler could lower noise levels from the exhaust by up to about 10 dBA.
External jackets on the tools themselves shall be used where feasible, and this could achieve a
reduction of 5 dBA. Quieter procedures such as drilling rather than impact equipment shall be used
whenever feasible.
MITIGATION: Stationary noise sources shall be located as far from the existing adjacent residence to the
north as possible. If such noise sources must be located near this residence, they shall be adequately
muffled and enclosed within temporary sheds.
MITIGATION MONITORING: The Building Division of the Community Development Department will
be responsible for ensuring that these measures are implemented appropriately during construction.
With respect to long-term noise associated with operation of the proposed office building, no significant
noise impacts would be expected. Since there is currently an office building and parking lot adjacent to
the northern project boundary, the proposed project would continue to generate similar noise on the
northern portion of the site. Since the project would relocate the parking lot to the rear of the site, noise
from parking cars at the existing residence to the north would be reduced. Although mechanical
equipment (heating and air conditioning units) would relocated closer to this residence, this equipment
would be located on the roof of the proposed building, which is higher than this residence. This proposed
configuration would minimize potential noise impacts on the residence to the north. In addition, the Town
Noise Ordinance will limit noise increases at the northern project boundary to 6 dBA above: 42 dBA
between 10 p.m. and 6 a.m., 52 dBA between 6 a.m. to 1 p.m., and 56 dBA between 1 p.m, and 10 p.m.
Such noise limits would maintain project-related noise levels within acceptable levels for residential uses
(62 dBA [Leq] or less during the day and 48 dBA [Leq] or less during the night), particularly since
ambient noise levels along this section of Winchester Boulevard are estimated at 65 Ldn at this residence,
which is higher than the noise limits.
12. Population and Housing: The proposed project would not result in an increase in local population.
The proposed project would replace an existing office building and single-family residence with a larger
office building. Removal of one housing unit would not be considered a significant reduction in the
existing housing supply in Los Gatos and would not displace a substantial number of people. In addition,
the project site is zoned for office use and residential use is not a permitted use (i.e., certain types of
residential use would require a conditional use permit).
MARCH, 2008 11
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
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. The General Plan designates the project parcel for office use and the project would be
consistent with the designated use.
13. Public Services: Services are already provided to the project site as well as to adjacent office,
commercial-industrial and residential uses. No significant increase in demand on public services are
expected to be required for the proposed building since services are currently provided to the existing
office building and residence on the site. The Santa Clara County Fire Department has reviewed proposed
project plans for site access and water supply, and the project will be required to meet Department
requirements for minimum fire flow, automatic fire sprinklers, hydrant spacing/location, building access
requirements, etc. The project will be required to install an automatic fire sprinkler system, provide one
public fire hydrant on the east side of Winchester Boulevard in front of the project site, and be equipped
with a permanently installed fire department emergency access key lock box. 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 project would not add new population to the area, and therefore would not
increase the demand for recreational services.
15. Transportation and Traffic: A detailed traffic impact study was completed by TJKM Transportation
Consultants in July 2007,and this report is available for review at the Town Community Development
Der,ranment.
~
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. While the
proposed office building would generate 171 daily trips with 24 AM peak hour trips and 23 PM peak hour
trips, the site currently generates traffic from the existing office building and residence. When project
volumes are adjusted for existing on-site traffic, the proposed project would generate 125 net new average
daily trips with 18 net new AM peak hour trips and 17 net new PM peak hour trips.
TJKM evaluated the project's impact at one signalized intersection in the project vicinity: Winchester
BoulevardlDaves Avenue. Under Existing Conditions, this intersection operates acceptably (LOS B)
during the AM and PM peak hours. With approved projects in the project area (Background Conditions),
increased average delay at this intersection will be negligible (0.1 to 0.2 second/vehicle of average delay),
and this intersection is expected to continue to operate acceptably (LOS B) during the AM and PM peak
hours. With the proposed project (Background Plus Project Conditions), average delays are estimated to
increase by up to 1.5 seconds per vehicle at this intersection, with this intersection continuing to operate
at LOS B. Since this intersection would operate acceptably during the AM and PM (at LOS B) under all
future scenarios analyzed, the project would have a less-than-significant impact on this intersection's
service level operation.
When pending projects are added (Background Plus Project Plus Pending Conditions), this intersection
would operate acceptably at essentially the same LOS B as under Background Plus Project Conditions).
Therefore, the project's traffic contribution would not be cumulatively considerable. There would be a
decrease of 0.1 second of average delay during both the AM and PM peak hours. This slight decrease in
delay is likely due to an increase in non-critical movements,
While the proposed project would not generate much pedestrian traffic, school-bound children currently
walk along Winchester Boulevard and Daves Avenue during the school peak hours. Currently, there are
sidewalks along both sides of Winchester Boulevard and Daves Avenue and pedestrians can cross the
MARCH, 2008 12
MITIGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
intersection by an actuated ped-push button (ADA standards) with a count down display. The pedestrian
phase currently operates as a separate phase and is not concurrent with any vehicular phases for the safety
of school bound pedestrians. At the study intersection, the eastbound right-turn traffic movement on Red
(RTOR) is prohibited along with an electronic sign display.
Based on accident reports provided by the Town for the last three years (January 1, 2004 to December 31,
2006), there were no accidents at the intersection of Winchester Boulevard/Daves Avenue. Similarly,
there were no accidents during the same period on Daves Avenue between Winchester Boulevard and
Poppy Lane (closer to Daves Elementary School). The proposed project is expected to generate two
inbound AM peak hour trips and two outbound PM peak hour trips along Daves Avenue. During the AM
peak hour, the inbound and outbound project trips on Winchester Boulevard would be 19 and 3,
respectively, and during the PM peak hour the project trips would be 4 and 19, respectively. Based on
pedestrian counts taken during school and traffic peak hours, the project's estimated peak hour volumes,
and the project's less-than-significant impact on traffic congestion, signal delay, and intersection
operations, it is expected that the project's impact on school-related pedestrian safety would likewise be
less than significant.
Currently, the project site is served by two access driveways located on the east side of Winchester
Boulevard, one at Daves Avenue and the other slightly to the north. With the proposed project, the
northerly access driveway would be eliminated and the proposed driveway (approximately coinciding
with the existing southerly driveway) would form the east leg of the Winchester BoulevardlDaves Avenue
intersection. Currently, the southbound left-turn access to the project site is a permissive phase via two-
way, left-turn lane at Winchester BoulevardlDaves Avenue intersection. Tn accommodate proposed
access improvements and driveway relocation at this intersection, the following measure will be required:
MITIGATION: The southbound left-turn access into the project shall be improved by striping a
southbound left-turn only lane for a minimum of 75 feet. In addition, all necessary signal head
installations/modifications to provide a southbound left-turn protective phase, intersection
improvements and relevant signal timing changes are also recommended.
MITIGATION MONITORING: The Community Development and Engineering Division of the Parks
and Public Works Departments will be responsible for ensuring these measures are implemented as
necessary prior to project completion.
The proposed plan indicates that a total of 66 parking spaces would be provided on-site, with 32 spaces
located within the proposed parking garage 34 spaces in the surface parking lot. The Los Gatos Parking
Code requires one parking space for every 235 s.f. of gross floor area of business and professional office
space. At this rate, the proposed building (15,510 s.f. of office space) would require 66 parking spaces
and the project would meet this requirement. Therefore, proposed parking facilities would be adequate.
Currently, there are bike lanes along Winchester Boulevard in the vicinity of the project site. Based on
field observations and Santa Clara Valley Transit Authority website, only Line 48 runs along Winchester
Boulevard in the vicinity of the project site. Line 48 operates between the Winchester - Transit Center and
the Los Gatos Civic Center via Winchester Boulevard. There is a bus stop with a pullover bay striped at
the southwest quadrant of Winchester Boulevard/Daves Avenue intersection.
16. Utilities and Service Systems: Utility facilities are currently provided to the project site. The
proposed building will be required to connect to the existing water and sewer lines located at the western
project boundary in Winchester Boulevard. Project development would also include construction of storm
drainage facilities (see Section 8, Hydrology and Water Quality). The Fire Department will also require
MARCH, 2008 13
MI'T'IGATED NEGATIVE DECLARATION - 15720 AND 15736 WINCHESTER BOULEVARD
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
Maid Street, Los Gatos, California.
Date Bud N. Lortz, Director of Community Development
MARCH, 2008 14
J0JHN LIEN
ARci-i T LCT
20 March 2008
Curtis Banks, Planner
Town of Los Gatos Planning Dept.
110 East Main Street
Los Gatos, California 95030
RE: Letter of Justification
15720 Winchester Boulevard/ 5--07-34, M-07-13
Dear Curtis:
Outlined below is what I believe are the circumstances justifying approval of this
application:
1. All of the properties along the east side of Winchester Boulevard from Lark
Avenue to Blossom Hill Road are designated office use by the General Plan.
2. Of the --9- parcels in the block from Pleasant View Avenue to Farley Road, which
includes this property, -8- are zoned office use.
3. The subject property abuts an existing office building immediately to the south.
4. These two parcels are under common ownership and will be merged. The
southerly parcel contains a single family residence, the other the current offices of
the applicant/ owner. No isolated-use parcels will be created either to the north or
the south by this application.
5. This building - as confirmed by staff, will serve as a gateway building as one enters
town traveling south on Winchester Boulevard.
6. This applicant - a father/ son law firm, has practiced in Los Gatos for 33 years and
at this location for 32 years. It is their desire to continue to provide professional
services to this community and at this location. Approval of this application will
facilitate the needs of their continued law practice.
7. The proposed design meets all of the zoning requirements including height, size,
parking and setbacks. It received a glowing report from the Town's peer review
architect who stated " it is very well designed with good overall form and scale,
with substantial interesting detail consistent with the architectural style." He further
states that it is " arguably one of the better proposals from an architectural design
standpoint that 1 have reviewed for Los Gatos."
1 look forward to your favorable review as well.
Sincerely,
0ohn Lien
1.96 Col lgc' r~l:s~t°c` 950-50
ATTacM4ENT s
DERMER
OFFICE
BUILDING
Los Gatos iz California
Februarv 2007
MODEL PHOTOS
JOHN LIEN
ARCHITECT
196 COLLEGE AVENUE
LOS G A,TOS
CALIFORNIA
9 3 0 3 0
408.395.3525
VIEW FROM WEST
VIEW FROM SOUTH
ARCHITECTURE PLANNING URBAN DESIGN
June 18, 2007
Mr. Curtis Banks
Community Development Department
Town of Los Gatos
110R. Main Street
P.O. Box 949
Los Gatos, CA 95031
RE: 15720 Winchester Blvd.
Dear Curtis:
I reviewed the drawings, read the comments of the Conceptual Development Advisory Committee, and visited the
site. My comments are recommendations are as follows:
Neighborhood Context
This section of Winchester Blvd, has a very mixed character with single family residences and older commercial
buildings which have substantial landscape screening along Winchester Boulevard, limiting the physical presence of the
structures on the street. Photographs of the site and surroundings ate shown below
I
Building to the south
TEL; 415,331.3795 FAX; 415.331.3797
EMAIL: cdgplan@pacball.net
1130 FIARHQR DRIVE SUITE 219
ATTACffiMNT 9
Existing building on the site
Building and parking lot on the north portion of
the site
Grade slope at the front of the site
15720 Winchester Blvd.
Design Review Comments
June 18, 2007 Page 2
View across Winchester Blvd.
Issues and Recommendations
The Conceptual Development Advisory Committee expressed physical design concerns over the proposed struc-
ture's three story height, its size, and compatibility with the surrounding residential neighborhood. The new structure
will have a strong presence on the sttectscape, having less intense front setback landscaping than the other nearby
parcels fronting on Winchester Blvd. However, the proposed building is very well designed with good overall form and
scale, with substantial interesting detail consistent with the architectural style.
While I do not have concerns about the structure's size and scale to the extent that the Conceptual Development
Advisory Committee does, I do appreciate the issues raised. If the Committee and staff feel strongly about the proposed
height, scale and design are too large, it would be appropriate to direct the applicant to revise the design in accordance
with the points raised in the Committee's January 10 meeting minutes. Since the design is arguably one of the better
proposals fxorn an architectural design standpoint that I have reviewed in Los Gatos, I would not venture to--show what
those substantial changes might entail - the architect is talented and fully capable of designing to that direction.
However, should the Committee and staff wish to mitigate the design concerns raised without a full redesign, the
addition of evergreen landscaping and some minor adjustment to the front elevation could, I believe, substantially re-
duce the new structure's impact on the strectscape. The additions are shown in the diagrams below
Important view to screen
0#1 See view from adjacent parking
tot In the photo to the right above
Use evergreen trees
of suff icient height and
density along edges to
ensure screening of
taller walls
j! a• Important view to screen
Reduce paving and
add trees to screen building
Use groupings of trees including
tall evergreen trees similar to nearby
street frontages
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
View to the back of the site from parking lot of
the office building to the south of the site
1 5720 Windiester Blvd.
Design Review Comments
June 18, 2007 Page 3
Add tilt roofs
over french doors
and add depth to
balcony recesses
Add trees to screen building
Use groupings of trees Including
tall evergreen trees similar to nearby
street frontages
To assist the committee and staff in visualizing the height and scale of the proposed design, I have included a pho-
tograph below of an office structure in Cupertino that is closer to the street than the proposed building under consider-
ation, but is of a similar scale and design as related to the street frontage.
Curtis, please let me know if you have any questions.
Sincerely,
CANNON DESIGN GROUP
Larry Cannon ATCP
President
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408) 354-6872
SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMITTEE OF THE TOWN OF LOS GATOS FOR
JANUARY 10, 2007 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, I10
EAST MAIN STREET, LOS GATOS, CALIFORNIA.
The meeting was called to order at 4:30 P.M.
ATTENDANCE
Members Present: Absences: None
Joe Pirzynski
Barbara Spector
D. Michael Kane
Stephen M. Rice
Joanne Talesfore
Staff Present: Bud N. Lortz, Director of Community Development, Randy Tsuda, Assistant
Community Development Director and Curtis Banks, Project Planner.
Public Present: John Lien and Martin Dermer.
ITEM 1: 15720 and 15736 Winchester Boulevard
Architecture and Site Applications 5-07-34
Subdivision Application M-07-13
Requesting approval to demolish a single family residence built prior to 1941 and an
office building, merge two existing parcels and construct a new office building on
property zoned 0. APN 424-27-011 and 051.
PROPERTY OWNER: Martin Dermer
APPLICANT: John Lien
Comments:
1. The General Plan policy to retain residential should be pursued.
2. The policy does not mean the area must be rezoned to residential, but make sure
residential is not overwhelmed by commercial.
3. Some members preferred to maintain the residential uses in the area.
4. Concern about traffic generated by the project and the safety of pedestrians crossing
Daves Avenue. The Town has made efforts to slow traffic and make the area more
livable.
5. Concern about the loss of housing.
6. Concern about the demolition of a pre-1941 home.
7. Not sure if the home is historic. The Historic Preservation Committee should review the
demolition of the pre-1941 home to determine if it meets the criteria to be retained.
8. The burden is on the applicant to justify the demolition.
ATTACHi'iFI3T 10
9. The three-story appearance of the proposed building is too large and out of context
with the area and the predominately smaller residential appearing structures.
10. The design should have more of a residential feel to respect the residential character of
the area. Consider breaking the project into smaller structures to provide a more
human scale.
11. The building at University Avenue and Highway 9, which was designed by Mr. Lien, is
a good example of a "Gateway" building that is not imposing and does not overwhelm
the surrounding area.
12. Consider stepping the building to match the slope of the site.
13. Consider a mired-use project.
14. Need to address the parking issue regarding the number of spaces and the slope of the
driveway.
ADJOURNMENT Meeting adjourned at 5:30 p.m. The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, February
14, 2007
Prepared by:
Bud N. Lortz, Director of Community Development
cc: Plaming Commission Chair
N:1DEVICDACIMINUTES1200711-10-07cdacmin. doc
d fl QF
W.WMEM0RAND UM
;0 GACOMMUNITY DEVELOPMENT DEPARTMENT
To: Conceptual Development Advisory Conunittee
From: Bud N. Lortz, Director of Community Development 6\1~w
Subject: 15720 and 15736 Winchester Boulevard
CDAC Meeting of January 10, 2007
Date: January 4, 2007
Background
The project site consists of two parcels located at 15720 and 15736 Winchester Blvd. The
property at 15720 Winchester Blvd. is developed with a 3,250 square foot office building and
15736 Winchester Blvd is developed with a 1,066 square foot home, a 575 square foot garage and
630 square foot shed. The project site is located between a two-story office building and a single-
story single-family home.
Proiect Description
The applicant has submitted a proposal to redevelop 15720 and 15736 Winchester Blvd. The
project contains the following components:
• Demolition of the existing structures on both parcels.
• Combination of the lots.
• Construction of a 16,250 square foot office building with 65 parking spaces.
The applicant has submitted a conceptual site plan, landscape plan and elevations for this
proposal (Attachment 1).
General Plan and Zoning Designation
The General Plan Designation of the parcels is Office Professional. The Zoning Designation of
the parcels is 0 (Office).
Existin,a Conditions/Use
1. The site contains .S acres (37,672 square feet).
2. The site is located on the east side of Winchester Blvd., between West Farley Rd. and
Pleasant View.
3. The site contains an office and single family home.
Conceptual Development Advisory Committee
January 10, 2007
Page 2
Potential Issues
The following is a brief list of issues and topics for consideration by the CDAC to help frame the
discussion and to solicit input.
1. Land Use:
Policy L.I.4.7 of the General Plan states that the Town should consider amending the General
Plan's Land Use Element and the Zoning designation to preserve the existing residential uses
along Winchester Blvd, between Shelburne Way and Pleasant View. To date this has not been
pursued. This area currently contains a mixture of residential and office uses.
Should the General Plan and Zoning for this area be reviewed to preserve residential uses?
2. Building Desimn/Lot Layout:
Should an office project be appropriate, staff has identified several issues for consideration by
the CDAC
a. The proposed building, which totals 16,250 square feet, would range from two to three
story stories and range in height from approximately 30 feet along Winchester Blvd. to 35
feet along the side and rear of the building. By corriparison, the adjacent two-story office
at the corner of Winchester Blvd. and Farley Rd., is approximately 5,160 square feet and
24 feet tall. The property to the north of the project site is a single-story single family
home.
The building will be larger, in both square footage and height, than the immediately
adjacent buildings. The street slopes up toward the project site; therefore, the height of the
proposed office would appear significantly taller than the adjacent two-story-office,
although they are similar in height along the Winchester Blvd. frontage. The scale of the
building also results in the shadowing impacts on the adjoining parcel to the north.
Combining the two parcels, results in one parcel 183 feet in width, which is wide in
comparison to the 50-foot width of the adjacent lots. If this project is approved, it is likely
that other parcels will be combined in the future.
Is the scale of the development consistent with the area?
b. The existing house at 15736 Winchester Blvd. is a pre-1941 structure (it was built in
1940). The home will need to be reviewed by the Historic Preservation Committee and
findings will need to be made to allow its demolition.
c. An approximately 10-foot dedication in front of the property at 15736 maybe required.
Conceptual Development Advisory Committee
January 10, 2007
Page 3
Traffic/Circulation/Parking:
a. A traffic study will be required. Preliminary analysis indicates that there will be a net
increase of approximately 133 Average Daily Trips (ADT) and 19 trips in the a.m. peak
hour and 18 in the p.m, peak hour.
b. Adequate parking must be provided on site. The required parking for a general office is
one space per 235 square feet of gross floor area and the required parking would be 69
spaces. For medical office, the requirement is one space per 250 square feet, which
requires 65 spaces, or six spaces per doctor, whichever is greater. The applicant is
proposing 65 spaces, which may be sufficient for a medical use, but not a general office.
More information is needed regarding the anticipated use of the building.
c. The driveway to the covered parking has a 14 percent slope, which is too steep to
accommodate the proposed parking on the ramp.
4. Potential Impacts:
a. Intensity/density of development as noted above.
b...,, Traffic as noted above.
5. General Plan Goals/Policies:
Land Use Element:
a. Goal L.G.2.1 states that the intensity of new development shall be limited to a level
consistent with the surrounding development and with the Town at large.
b. Goal L.G.2.2 states reduce the visual impact that new construction and/or remodeling has
on our town and its neighborhoods.
c. L.P.2.1 states that all development applications shall be reviewed in light of the overall
mass and scale of the development,
d. L.1.4.7 states that the Town should consider amending the General Plan's Land Use
Element and the Zoning code to preserve the existing residential uses along Winchester
Blvd, between Shelburne Way and Pleasant View,
e. CD.P.1.7 states that new structures, remodels, landscapes and hardscapes shall be
designed to harmonize and blend with the scale and rhythm of the neighborhood and
natural features in the area.
6. Comrnunity Benefit:
A community benefit(s) is required since more than five peak hour trips will be generated.
Conceptual Development Advisory Committee
January 10, 2007
Page 4
Attachments:
1. Project Plans
N:1DEVICURTIS BIREPORTSICDAC12007115736 WINCHESTERBLVD.CDAC.RPTI.DOC
TowN of Los GATos
COMMUNITY DEVELOPMENT DEPARTMENT CIVIC CIIIMit
PLANNING DIVISION 110 E. MAia STREBT
(408) 354-6872 FAX (408) 354-7593 P.O. Box 949
Los GATos, CA 95031
June 20, 2007
Martin Dermer
15720 Winchester Blvd
Los Gatos, CA 95030
RE: 15730"vVinchester Boulevard
Architecture and Site Applications S-07-34
Requesting approval to demolish a single family residence built prior to 1941 on
property zoned O. APN 424-27-011
PROPERTY OWNER: Martin Derrner
.APPLICANT: John Lien
On June 20, 2007, the Los Gatos Historic Preservation Committee considered the above
referenced application. The Committee recommended approval of the application to the
Planning Commission. The basis for the recommendation is as follows:
1. The structure is not historically significant.
2. The building is not associated with any events that have made a significant contribution
to the Town.
3. No significant persons are associated with the site.
4. The structure is not architecturally significant and has no architectural character. There
are no distinctive characteristics of type, period or method of construction or
representation of work of a master.
5. Based on the information in the structural report, the building is in a deteriorated
condition.
6. In terms of context, the residence is out of place since it is not located in a residential
neighborhood.
This application is currently going through the planning review process. If you have any
questions in this matter, please contact Project Manager Curtis Banks, at 354-6807.
Since 1
Bud N. Lortz, AICP
Director of Community Development
BNL: SLB :mdc
cc: John Lien, 196 College Avenue, Los Gatos, CA 95030
N:1DEV 1S LB120071vvinchester 157 3 6 . doc
ATTACMffiNT II
IrlCORPORATED AuGusT 20, 1887
Meeting Date: June 2, 2008
Subject: 15720 and 15736 Winchester Boulevard
PLEASE NOTE:
ATTACHMENT 12
Development Plans
Are available for review in the Clerk Department