10 Desk Item - 15400 Los Gatos BoulevardMEETING DATE: 06-15-09
%)NN uF DESK ITEM: I~
o'o COUNCIL AGENDA REPORT
~SGA~S
DATE: JUNE 15, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEYO r
SUBJECT: ADOPT ORDINANCE APPROVING A ZONE CHANGE FROM CH TO
CH:PD FOR A TWO STORY COMMERCIAL BUILDING WITH
UNDERGROUND PARKING, APN 424-15-045; PLANNED DEVELOPMENT
APPLICATION PD-07-146; NEGATIVE DECLARATION ND-08-06;
PROPERTY LOCATION: 15400 LOS GATOS BOULEVARD; PROPERTY
OWNER: SHP NEWARK I,LC; APPLICANT: KENNETH RODRIGUES &
PARTNERS
There is an error in condition No. 4 of the version of the ordinance attached to the staff report.
The condition should read as follows:
4. IMIGHT: The height of the structure shall not exceed 3 5 feet,
This reading of condition 4 reflects Council's action in introducing the ordinance oar June 1,
2009.
Attached is a replacement for page No. 3 or the ordinance making the correction. An action to
approve the ordinance shall be understood to refer to the corrected version of the ordinance
reflected in this attachment.
Attachment: Replacement page 3 of ordinance introduced on Jule 1, 2009.
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Ol'K:]-h[BRvp [NAATY\Resos & Ordslkeporlsllkeport Ord 151001_G Blvd ❑FSK ITEN-l.wpd]
Reviewed by: own Manager Assistant Town Manager Clerk
Finance Community Deveioument
Rev: 6/15/09 10:37 am
Reformatted: 7119199 F ieg 301-05
to the satisfaction of the Town Attorney.
3. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and approval
is required for the proposed building, parking lot improvements, and other site improvements.
The Development Review Committee shall be the deciding body for the Architecture and Site
application.
4. HEIGHT: The height of the structure shall not exceed 35 feet.
5. REAR SETBACK: The rear setback along Carlton Avenue shall not be less than twenty feet.
6. BENEFIT ASSESSMENT DISTRICT: The property owner agrees to participate in the Benefit
Assessment District for Los Gatos Boulevard should one be created by Town Council.
7. DEMOLITION: The demolition of the existing hazardous structures shall occur within 30 days
of the adoption of this ordinance.
8. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall
meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current
fee schedule adopted by the Town Council is required when working landscape and irrigation
plans are submitted for review prior to the issuance of a building permit.
9. *BIOLOGICAL RESOURCES MITIGATION MEASURF, #1: All recommendations made by
Arbor Resources shall be implemented to eliminate or minimize the construction-related impacts
on the trees to be retained. Refer to the report prepared by Arbor Resources dated March 20,
2008for details.
10. *CULTURAL RESOURCES MITIGATION MEASURE #1: Construction persoruiel involved in
earth moving shall be alerted to the potential for discovery of prehistoric materials and in
particular, concentrations of historic artifacts. Prehistoric archaeological resources could include
but not be limited to the following: darker than surrounding soils of a friable nature,
concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of
fire (ash, charcoal, fire alerted earth or rock) and of course, burials, both human and animal.
11. *CULTURAL RESOURCES MITIGATION MEASURE 42: In the event that archaeological
traces are encountered, all construction within a 20-foot 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.
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