Ord 2200 - Approving a Development Agreement between the Town of Los Gatos and LG Business Park, LLCORDINANCE 2200
ORDINANCE OF THE TOWN OF LOS GATOS
APPROVING A DEVELOPMENT AGREEMENT BETWEEN
THE TOWN OF LOS GATOS AND LG BUSINESS PARK, LLC.
Russ[ 1 3us 1 17_ 124
FOLLOWS:
SECTION I
The Town Of Los Gatos Town Council declares that, after conducting a duly noticed
public hearing on August 1, 2011, to consider adoption of a Development Agreement between
the Town of Los Gatos and LG Business Park, LLC, the Town Council finds that:
a. The Planning Commission held a duly noticed public hearing on May 31, 2011, to
consider the Development Agreement and recommended that the Town Council approve the
Development Agreement.
b. The Development Agreement is consistent with the General Plan and the Los
Gatos Town Code Chapter 29 Zoning Regulations.
c. The staff report dated August 1, 2011, is approved and adopted as part of these
findings.
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SECTION II
Pursuant to Government Code section 65864, et seq., the Council adopts that certain
document entitled "Development Agreement By and Between the Town of Los Gatos and LG
Business park, LLC," subject to the attached Conditions of Approval. A copy of the
Development Agreement is on file in the office of the Town Clerk,
SECTION III
The Town Manager is hereby authorized to sign the Development Agreement on behalf
of the Town of Los Gatos after execution by the Developer.
SECTION IV
The Town Clerk is directed to record the Development Agreement within ten days after
the effective date of the Development Agreement.
Not later than five days after adoption, the Town Clerk is directed to prepare and file a
Notice of Determination with respect to the action of the Town Council.
SECTION V
Pursuant to the California Environmental Quality Act a Mitigated Negative Declaration
(including Errata Sheets) and Mitigation Monitoring and Reporting Program were prepared for
the proposed project.
The documents that constitute the record of proceedings upon which this decision is
based can be found in the Town Clerk's office, 110 E. Main Street, in Los Gatos California.
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SECTION VI
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the Town of Los Gatos within fifteen days after its adoption
and shall take effect and be in force thirty days from and after its adoption.
SECTION VII
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on August 1, 2011, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on August 15, 2011 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Steve Rice and Mayor Joe Pirzynski
NAYS: Steven Leonardis and Barbara Spector
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
j i" �-
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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ORDINANCE 2199
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCES 1247, 1366, AND 1955 AND
AMENDING THE ZONING ORDINANCE EFFECTING
A ZONE CHANGE FROM CM: PD TO CM: PD AT
90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
(APNS: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063 )
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to rescind Ordinances
1247, 1366, and 1955 and to change the Zoning at 90 — 160 (Ninety to One Hundred and Sixty)
Albright Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as
Exhibit A and is part of this Ordinance (the "Property ") from CM:PD (Controlled
Manufacturing, Planned Development) to CM:PD (Controlled Manufacturing, Planned
Development). APN's 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063.
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance (the "PD
Overla)") authorizes the following construction and use of improvements:
1. To allow the potential for a mix of land uses, the development of the Property may consist of
orrice/ R &D alone or a mix of office /R &D and senior residential uses. The development of the
Property could include up to a maximum of 550.000 square feet of office /R &D space. or a
combination of less office /R &D space with senior residential uses (the "Project "). Residential
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uses would include senior units up to a maximum of 168 units. The specific uses for each phase
of the Project will be determined by the applicant at the Architecture & Site ( "A &S ") Approval
stage, and any combination of uses authorized by this PD Overlay is authorized up to the stated
maximums, subject to the Residential Development Triggers described herein, provided that the
combination of uses does not result in new or substantially more severe environmental impacts
than disclosed in the Mitigated Negative Declaration for the project dated April 11, 2011 (the
`MND "). If the combination of uses does result in new or substantially more severe
enviromnental impacts than discussed in the MND, then appropriate CEQA review shall be
required prior to A &S Approval, but no amendment to this PD Overlay shall be required as long
as the stated maximums for each individual use are not exceeded.
2. Uses permitted and conditionally permitted are
Permitted Uses:
• Offices, including corporate, administrative, business, and professional offices, but
excluding medical and dental offices.
• Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of materials and
products).
• Ancillary office - serving retail comprising not more than 10% of the total allowed
office area for each A &S Approval.
• Office - serving uses designed to primarily serve those employed at the site or visiting
the site for business purposes, such as: recreational facilities; conference and training
facilities; restaurants, cafeterias and other eating establishments; health and wellness
facilities; and ancillary uses such as on -site banking, ATMs, private post offices,
personal services (such as dry cleaning pick up) and similar support uses.
• Senior Housing including without limitation, independent living, assisted living,
skilled nursing, as well as Continuing Care Retirement Community and or Residential
Care for the Elderly, including full food service and the sale of alcohol.
• All uses permitted in the CM and O zones, excluding medical and dental offices,
churches, sports clubs other than as accessory to a permitted use, and public and
private schools.
Conditional Uses (CUP required):
• Except as otherwise specifically permitted above, all conditional uses in the CM and
O zones, excluding residential.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan (as
defined in Section V), this ordinance, and /or any applicable Development Agreement
specifically indicated otherwise.
SECTION IV
Regardless of the type of permit, A &S Approval is required before any construction work
for the project is performed and before any permit for construction is issued. Construction
permits shall only be issued in a manner complying with Section 29.80.130 (Architecture and
Site Approval) of the Zoning Ordinance, subject to the provisions of any applicable
Development Agreement.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los
Gatos on March 18, 2011 (25 sheets) and Development Plans received by the Town of Los Gatos
on July 26, 2011 (11 sheets)), as revised in accordance with Performance Standard 1 below,
incorporated herein by this reference and attached Exhibit C, constitute the Official Development
Plan. The following mast be complied with before issuance of any grading, demolition or
construction permits, unless otherwise stated below. The Official Development Plan will be
modified and finalized after final Town Council action.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL. This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with any applicable
Development Agreement. Within fifteen (15) days following Town Council approval of
this Ordinance, Applicant shall submit a revised set of Development Plans that (i)
exclude medical and dental offices, churches, sports clubs other than as accessory to a
permitted use, and public and private schools from the list of permitted uses; (ii)
incorporate the changes required by the conditions of approval set forth herein; and (iii)
incorporate any changes required by the Town Council. The Community Development
Director shall approve the revised Development Plans, which shall be attached to this
Ordinance as Exhibit C prior to recordation. Any further changes or modifications made
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to the Official Development Plan shall be approved by the Community Development
Director, Development Review Committee, Planning Commission or the Town Council,
depending on the scope of the change(s), in accordance with any applicable Development
Agreement.
2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.1 15 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. SENIOR RESIDENTIAL DEVELOPMENT TRIGGERS: The Development Plans shall
be revised to reflect the following changes to the Senior Residential Development
Triggers: Until both (i) issuance by the Town of a building permit for at least 250,000
square feet of new office /R &D development on the Property and (ii) 60 months after the
approval of this Ordinance the applicant shall not submit applications for building
permits for senior housing on the Property.
Upon satisfaction of the Senior Residential Development Triggcrs, the applicant may
submit and the Town will process applications for building permits for the Property for
any uses or combination thereof permitted by the PD Overlay, up to the maximum
amounts permitted by the PD Overlay, provided that the land area of the Property
approved for senior housing uses shall not exceed seven (7) acres. shall be located on the
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southern portion of the property adjacent to the existing residential property, and shall
have a maximum total density of 24 units per acre of residential development, inclusive
of below market program and other housing requirements, incentives and bonuses..
4. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate A &S application
shall be required for each phase of the Project. The A &S application shall be referred to
Planning Commission for a recommendation to Town Council. Town Council shall
make the final determination on all A &S applications.
5. COMMERCIAL DESIGN GUIDELINES. A &S applications shall be reviewed for
compliance with the Common Design Guidelines of the Commercial Design Guidelines,
to the extent not in conflict with the PD Overlay, and subject to the provisions of any
applicable Development Agreement.
6. MASS AND SCALE PARAMETERS. The Development Plans shall be revised to
include the following floor plate guidelines, which shall apply to the Project:
1. Maximum floor plate size of 40,OOOsf.
2. Each floor may not be more than x% of the first floor as follows:
1st Floor = 100%
2nd Floor = 100% - 95% of 1 st Floor
3rd Floor = 95% - 90% of 1st Floor
4th Floor = 90% - 85% of 1 st Floor
5th Floor = 85% - 80% of Ist Floor
In connection with A &S Approval, the Town shall have the discretion to approve lesser
reductions in floor plate size upon a finding that the architectural intent of an articulated
facade is achieved.
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7. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS. A &S
applications shall be revie for compliance with applicable sections of the Guidelines
and Standards for Land Use Near Streams, subject to the provisions of any applicable
Development Agreement.
8. SUBDIVISION REQUIRED. A tentative map application shall be approved prior to the
submittal of building permits. The Development Review Committee may be the deciding
body for the tentative map.
9. BUILDING COMPOSITION. The office /R &D component shall not exceed 550,000
square feet inclusive of any indoor conference facilities, cafeteria, fitness center or other
amenities. There shall be up to a maximum of 168 senior housing units. The
combination of uses shall not result in new or substantially more severe environmental
impacts than disclosed in the Mitigated Negative Declaration for the project dated April
11, 2011 (the "MND "). If the combination of uses does result in new or substantially
more severe environmental impacts than discussed in the MND, then appropriate CEQA
review shall be required prior to A &S Approval, but no amendment to this PD Overlay
shall be required as long as the stated maximums for each individual use are not
exceeded.
10. BUILDING HEIGHT. The maximum height of the office buildings may be up to five
stories and 85' -0" (eighty five feet zero inches), including the roof screen. Heights of
office buildings shall be varied and not exceed the maximum permitted height 85' -0"
(eighty five feet zero inches). The maximum height of the parking structures shall be
three stories and 35' -0" (thirty five feet zero inches), exclusive of tower elements and
other similar architectural elements which shall be reviewed using Section 29.10.090 of
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the Zoning Ordinance, subject to the provisions of any applicable Development
Agreement. The maximum height of senior housing buildings may be up to three stories
and 50' -0" (fifty feet and zero inches), including the roof screen, and exclusive of tower
elements and other similar architectural elements which shall be reviewed using Section
29.10.090 of the Zoning Ordinance, subject to the provisions of any applicable
Development Agreement.
11. SETBACKS. Minimum setbacks are as set forth on Sheet A -9 of the Official
Development Plan (Exhibit Q.
12. LOT COVERAGE. Maximum lot coverage for both buildings and parking structures is
limited to 50% of the lot area.
13. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provide the
permitted development envelope and permitted development parameters applicable to the
Property. Final building designs in compliance with the Official Development Plans
shall be determined during the A &S Approval process, subject to the provisions of any
applicable Development Agreement.
14. BELOW MARKET PRICE (BMP) PROGRAM. The developer shall comply with the
Town's inclusionary housing requirement as set forth in Division 6 of Article 1 of the
Zoning Ordinance and the Town's Below Market Housing Program Guidelines, subject
to the provisions of any applicable Development Agreement. A deed restriction shall be
recorded prior to issuance of building permits for residential units subject to the
inclusionary housing requirement, stating that the BMP units must be rented or sold as
below market price units pursuant to the Town's BMP requirements in place at the time
specified in the Town Code or any applicable Development Agreement.
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15. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water
Efficiency Ordinance, whichever is more restrictive. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
16. COMPLIANCE MEMORANDUM. A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and /or final
subdivision map detailing how the Conditions of Approval will be addressed.
17. LANDSCAPE PLAN. The final Landscape plan shall be reviewed by the Consulting
Arborist as part of the A &S approval process. All Tree Protection measures
recommended by the Consulting Arborist shall be followed as specified in the MMRP.
18. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees
approved for removal prior to the issuance of any permits.
19. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Fencing shall be six foot high
cyclone (chain link) 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.
20. RECYCLING. Prior to the issuance of a demolition permit, the developer shall provide
the Community Development Director with written notice of the company that will be
recycling the building materials. All wood, metal, glass, and aluminum materials
generated from the demolished structure shall be deposited to a company that will recycle
the materials. Receipts from the company(s) accepting these materials, noting type and
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weight of material, shall be submitted to the Town prior to the Town's demolition
inspection.
21. PARKING. The minimum parking ratios for the project are 3.3 spaces /1000 square feet
for the office /R &D buildings. The parking ratio for senior housing will be determined
after the parking surveys have been completed, as required by Mitigation Measure TRA-
5. Wheel stops may be used in the parking garages where deemed appropriate and
necessary for safety. Wheel stops shall not be used in any surface parking areas. Parking
spaces shall be double striped per Town standards.
22. NETWORK ACCESS. Network access shall be provided in the outdoor common areas,
to allow people to work outside.
23. RECREATION MITIGATION MEASURE REC -1. Provision of On -Site or Nearby
Recreational Facilities. The project applicant shall either provide access to on -site or
nearby recreational facilities for project employees under Scenario I and residents under
Scenarios 3 and 4.
24. PROJECT PHASING. The project phasing shall be subject to the provisions of any
applicable Development Agreement. If the applicant /developer elects to build the project
in phases, then any undeveloped site(s) for future phase(s) shall include provisions for
landscaping and other attractive low maintenance improvements, and security and
maintenance of any undeveloped land to be developed under future phases. Significant
changes to the Phasing Plan that are not in conflict with the Development Agreement
may be approved through an A &S application.
25. DEVELOPMENT IMPACT PEES. The developer is required by law to pay development
impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos-
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Saratoga Union High School District (LGSUHSD) at the time of the building permit
issuance.
26. LANDSCAPE SCREENING. All buildings and parking structures shall be significantly
buffered from Winchester Blvd. and properties to the west by the existing, predominately
redwood tree screen. All healthy redwoods and other significant trees in the Winchester
Blvd. frontage screen shall be retained except for those that would be removed with the
construction of the new Albright Way entry just south of proposed Building D. The
proposed parking structure would also be screened by the existing vegetation along the
northern property line and additional landscaping shall be incorporated as needed to
maximize the buffering of the structure from the freeway and properties north.
27. AESTHETICS MITIGATION MEASURE AES -1: Limit Visibility. In order to be
consistent with the scale and heights of adjoining commercial and residential
development in the project vicinity, support the objectives and policies of the General
Plan's VLR Element, and maintain the small -town character of the community, the
proposed project configuration shall implement the following measures:
a. Future office and residential structures shall be limited to a height that ensures a
substantial portion of building bulk will be screened by existing and future landscape
trees to reduce the effects of building height on views to hillside ridgelines and
support the community's objective of maintaining its small -town character; and
b. Future office and residential structures shall be situated and designed to minimize
visual effects on the travelling public, adjacent residents, and nearby commercial
uses. The selected project scenario shall include a design that incorporates a
combination of buildings with various rather than uniform heights; building design
features such as articulation of facades, appropriate fenestration treatment, and similar
architectural elements; and a landscaping plan that includes tree species with
appropriate height potential to maximize screening of the proposed buildings' upper
floors.
28. AESTHETICS MITIGATION MEASURE AES -2: Tree Screens. Existing landscape
trees along the northern boundary should be retained to the maximum extent possible to
more quickly provide screening from SR 85 and the Los Gatos Creek Trail.
29. AESTHETICS MITIGATION MEASURE AES -3: Landscape Plantings. Proposed
landscape plantings shall be initiated during the preliminary phases of the any approved
development scenario in order to maintain and enhance the screening of the project site
facilities from residents in the Charter Oaks neighborhood and recreationists using the
Los Gatos Creek Trail. In the event that the applicant is responsible for the planting of
more replacement trees than can be accommodated on the project site, the project
applicant and Town will consider opportunities for the planting of native riparian plant
species, including trees, within the Los Gatos Creek riparian zone. These efforts will need
to be coordinated with the Santa Clara Valley Water District, which has jurisdiction over
the creek and adjoining riparian areas.
30. AIR QUALITY MITIGATION MEASURE AQ -1: Basic Construction Measures. To
limit the project's construction- related dust and criteria pollutant emissions, the following
BAAQMD- recommended Basic Construction Mitigation Measures shall be included in
the project's grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
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b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for constriction workers at all
access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the
Town regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The BAAQMD's phone number shall also be visible to
ensure compliance with applicable regulations.
31. AIR QUALITY MI LIGATION MEASURE AQ -2: Additional Construction Measures.
The following BAAQMD Additional Construction Mitigation Measures shall be included
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in contract specifications for construction:
a. Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG])
coatings beyond the BAAQMD requirements (i.e., Regulation 8. Rule 3:
Architectural Coatings).
b. VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
32. AIR QUALITY MITIGATION MEASURE AQ -3: Additional NOx Reduction
Construction Measures. The following limitations shall be included in contract
specifications for construction and adhered to during soil hauling activities (during mass
and fine grading) for each construction phase in order to ensure NOx emissions would be
reduced to less -than- significant levels (phasing parameters are defined in the
URBEMIS2007 Assumptions included in Appendix A of Attachment 2 of the Initial
Study):
• Phase 1: Trucks hauling soil during Phase 1 shall not travel more than 23 miles
roundtrip. Daily vehicle miles traveled (VMT) during mass grading shall not
exceed 1,416; daily VMT during fine grading shall not exceed 425.
• Phase 2: Trucks hauling soil during Phase 2 shall not travel more than 26 miles
roumdtrip. Daily VMT during mass grading shall not exceed 1,629; daily VMT
during fine grading shall not exceed 671.
• Phase 3: Trucks hauling soil during Phase 3 shall not travel more than 36 miles
roundurip. Daily VMT during mass grading shall not exceed 2,318; daily VMT
during fine grading shall not exceed 625.
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The contractor shall log VMTs daily and submit to the Town monthly. These limitations
shall be stipulated in construction bids, plans, and specifications.
33. AIR QUALITY MITIGATION MEASURE AQ -5: Operational Risk Reduction
Measures. A minimum 261 -foot setback from the freeway shall be required for proposed
residential uses and is considered by the BAAQMD to be sufficient to mitigate any
potentially significant impacts on any residential uses to unhealthful levels of TACs or
PMzs
34. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -1: Protection of Nesting
Birds during Construction. The following measures shall be implemented prior to any on-
site construction activities:
a. Tree and shrub removal, pruning, and structure demolition should be conducted
outside of the breeding season between September I and January 31 to avoid impacts
to nesting birds.
b. If tree and shrub removal, pruning, and structure demolition must occur during the
breeding season (February 1 to August 31), preconstruction surveys shall be
conducted within the project footprint and a 300 -foot buffer, by a qualified biologist
no more than two weeks prior to equipment or material staging, pruning /grubbing or
surface - disturbing activities. If no active nests are found, no further measures are
necessary.
c. If active nests i.e. nests with eggs or young birds present, of special - status or
migratory birds are found, non - disturbance buffers shall be established at a distance
sufficient to minimize disturbance based on the nest location, topography, cover, the
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nesting pair's tolerance to disturbance and the type /duration of potential disturbance.
No work shall occur within the non- disturbance buffers until the young have fledged,
as determined by a qualified biologist. Buffer size should be determined in
cooperation with the CDFG and the USFWS. If buffers are established and it is
determined that project activities are resulting in nest disturbance, work should cease
immediately and the CDFG and the USFWS should be contacted for further
guidance.
d. If active raptor nests are found within 300 feet of construction activities, a qualified
biologist shall be on site to monitor the nests for signs of breeding /rearing disruption.
If it is determined that any construction activity is resulting in nest disturbance, work
shall cease immediately and the CDFG and the USFWS shall be contacted to develop
protective measures.
35. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -2: Protection of Riparian
Habitat during Construction. Project implementation would require the operation of
heavy equipment and machinery for an extended period of time, increasing the level of
human activity, noise, lighting, and drifting dust, potentially disrupting wildlife breeding
and normal activities in the adjacent Los Gatos Creek riparian habitat. Such effects may
reach significant levels without the incorporation of following measures:
a. Project construction activities shall be restricted to daylight hours; nighttime work
shall not be permitted.
b. Use of elevated floodlights shall not be permitted; any exterior lighting shall be
directed inward and shall not cause the illumination of the adjacent riparian habitat.
c. Vehicle /equipment operations in the vicinity of the riparian corridor shall be
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minimized to the extent practicable.
d. Dust control must be practiced during demolition and grading.
36. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -3: Protection of Riparian
Habitat during Project Operation. Implementation of any of the proposed scenarios could
result in increased lighting of the riparian corridor at Los Gatos Creek. The mixed -use
scenarios could also result in increased interaction between wildlife and domestic pets.
Such effects may reach significant levels without the incorporation of following
measures:
a. The lighting of the selected scenario shall ensure that exterior lighting is directed
inward and shall not cause the illumination of the adjacent riparian habitat.
b. Restrictions shall be in placed to prevent the placement of pet food containers out -of-
doors in areas accessible to wildlife.
c. Free - roaming domestic pets (e.g. cats, off -leash dogs) shall not be permitted.
d. All exterior trash receptacles shall be designed and maintained to exclude wildlife.
37. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -4: Tree Protection and
Replacement. In order to provide appropriate mitigation for the loss of Ordinance-
protected trees, the following measures would be required:
a. The project proponent shall secure a Tree Removal Permit from the Town of Los
Gatos prior to removing or grading within the dripline of any protected tree.
b. For the worst -case condition of tree impacts and the Town's tree replacement
formula. the maximum number and sizes of replacement trees that could be required
are indicated as follows, but could be less depending on the final development design:
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Number of Trees
Size
1282
24"
box sized trees, and
4
36"
box sized trees, and
4
48"
box sized trees.
or
54
36"
box sized trees, and
236
48"
box size trees
Actual tree replacement would be based upon the final permitted number of trees
removed.
c. If a tree cannot be reasonably planted on the subject property, the value of the
removed tree(s) shall be paid to the Town Forestry Fund to:
• Add or replace trees on public property I the vicinity of the subject property, or
• Replacement value of a tree shall be determined using the most recent edition of
the Guide for Plant Appraisal, as prepared by the Council of Tree and
Landscape Appraisers.
d. Although the adjacent Los Gatos Creek corridor is not Town property, belonging to
the Santa Clara Valley Water District, the Town may also consider accepting riparian
habitat restoration and enhancement activities as compensation for the loss of some
protected trees on the subject property. As described above, the riparian habitat is
degraded by the presence of invasive non- native trees, which could be removed and
replaced with native riparian trees. From the perspective of CEQA, enhancement and
restoration of the adjacent riparian habitat would satisfactorily mitigate tree impacts
resulting from project implementation.
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e. The project sponsor shall avoid planting ornamental species reported by the
California Invasive Plant Council to have the potential to be invasive. Species on this
list that can spread by wind —borne seed shall be prohibited from use in landscaping.
The proposed list of landscaping species for the project shall be reviewed and
approved by the Town.
f. In addition to conformance to the Tree Protection Ordinance. the Town arborist's
(Deborah Ellis, February 18, 2011) report also outlines protective measures before
and during construction. Additional tree protection guidelines are presented in the
Tree Protection Ordinance Section 29.10.1005. These measures shall be
implemented.
g. During construction, accidental injury or removal to and protected trees shall be
reported immediately to the Town and appropriate measures taken, as identified by
the Town, to mitigate the non - permitted damage and to prevent further accidental
impacts.
h. The Town shall implement recommendations made by the Town's consulting
arborist, Deborah Ellis, in her February 18, 2011 report. These measures encompass
design guideline recommendations encompassing the establishment of a Tree
Protection Zone to preclude the disturbance of trees to be retained on the project site,
erosion control measures, drainage control, and tree replacement requirements. In
addition, the arborist's report presents tree protection measures to be implemented
before and during project construction. These recommendations are included as
Attachment 3 of this study.
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38. CULTURAL RESOURCES MITIGATION MEASURE CUL -1. Archaeological
Monitor. A qualified archaeologist shall be retained to monitor the site clearing and
grading operations in those areas where buildings will be removed and /or new
construction will occur. The archaeologist shall be present on -site to observe site clearing
at a representative sample of building removal areas until he /she is satisfied that there is
not longer a potential for finding buried resources. In the event that any potentially
significant archaeological resources are discovered, the project archaeologist shall stop
work inside a zone designated by him/her where additional archaeological resources
could be found. A plan for the evaluation of the resource shall be submitted to the
Community Development Director for approval. Evaluation normally takes the form of
limited hand excavation and analysis of materials and information removed to determine
if the resource is eligible for inclusion on the California Register of Historic Resources
(CRHR).
39. CULTURAL RESOURCES MITIGATION MEASURE CUL -2. Identification of
Eligible Resources. If an eligible resource is identified, a plan for mitigation of impacts to
the resource shall be submitted to the Los Gatos Community Development Department
for approval before any additional construction related earthmoving can occur inside the
zone designated as archaeologically sensitive. Mitigation could include additional hand
excavation to record and remove for analysis significant archaeological materials,
combined with additional archaeological monitoring of soils inside the archaeologically
sensitive zone.
40. CULTURAL RESOURCES MITIGATION MEASURE CUL -3. Discovery of Human
Remains. Required monitoring will also serve to identify and hopefully reduce damage to
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human burials and associated grave goods. In the event that human remains are
discovered it shall be the responsibility of the project archaeologist to contact the County
Coroner's Office and the Native American Heritage Commission (NAHC). The NAHC is
responsible for naming a Most Likely Descendant (MLD) who shall represent tribal
interests in regards to human remains and associated grave goods. The MLD shall make
recommendations to the Community Development Director regarding the method for
exposure and removal of human burials and associated grave goods, and shall advise the
Community Development Director regarding the place and method of reburial of these
materials.
41. GEOLOGIC MITIGATION MEASURE GEO -1. Detailed Geotechnical Investigations.
The project sponsor shall ensure that a design -level geotechnical investigation is
conducted for each planned site improvement. The recommendations of the geotechnical
investigation shall be incorporated in the final construction plans for the proposed project.
These recommendations shall address liquefaction, lateral spreading, ground rupture due
to liquefaction, and differential compaction.
42. GEOLOGIC MITIGATION MEASURE GEO -2: Undocumented Fill. The project
sponsor shall require the removal of undocumented fill materials within proposed
building excavations. Reuse of the fill materials shall only be allowed if they meet the
requirements for engineered fill. Otherwise, imported engineered fill shall be required for
building excavations. Undocumented fill materials that do not meet the requirements for
engineered fill shall be reused for landscaping or in non- structural fill areas, or shall be
disposed of off -site.
43. GREENHOUSE GASES MffIGATION MEASURE GI -IG -1. A combination of the
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following list of sustainability and design features shall be incorporated into uses
ultimately developed on the project site to achieve the overall scaled reduction in GHG
emissions necessary to meet the BAAQMD's significance threshold of 4.6 MT of GHG
per service population per year). For example, based on development project scenarios
reviewed in this report, scaled reductions would be required are as follows: 44.34 percent
for Scenarios 1 and 2, 18.5 percent for Scenario 3, and 46 percent for Scenario 4. Prior to
issuance of building permits, the project applicant shall demonstrate required scaled
reductions are achieved through incorporation of a combination of sustainable project
design features. Each measure and associated GHG reduction shall be identified and
included on all project plans and specifications, One or more of the following
sustainability and design features, or other measures that may become available in the
future, shall be included to achieve the required scaled reductions in GHG emissions:
• Provide secure on -site bike parking (ratio shall be at least one space per 20 vehicle
spaces).
• Provide information on transportation alternatives (i.e., bits schedules and maps)
accessible to employees within each proposed building.
• Provide preferential on -site carpool /vanpool parking.
• Increase energy efficiency beyond Title 24 by 20 percent.
Y Install smart meters and programmable thermostats.
• Plant shade trees within 40 feet of the south side or within 60 feet of the west sides
of the buildings.
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• Install roofs with highly reflective materials (albedo of at least 30) to reduce cooling
load.
• Meet 2010 Green Building Code Standards.
• Seal heating, ventilation, and air conditioning (HVAC) ducts to enhance efficiency
and reduce energy loss.
• Include solar photovoltaic or other technology to generate electricity on -site to
reduce consumption from the electrical grid.
• Implement employee telecommuting program.
• Provide showers /changing facilities on -site for employee use.
• Implement an on -site carpool matching program for employees.
• Provide on -site amenities (i.e., eating and other establishments).
• Increase the project design by 100 percent (i.e., presence of transit - oriented
development design guidelines, complete street standards).
• Work with the Bay Area Air Quality Management District (BAAQMD) to
implement acceptable off -site mitigation. This involves an agreement with the
BAAQMD and payment of fees or the purchase of carbon credits. The BAAQMD
would commit to reducing the type and amount of emissions identified in the
agreement.
44. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -1.
Hazardous Materials Removal. The following measures shall be required to reduce public
health risks related to removal and disposal of hazardous materials to a less -than-
significant level:
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a. The project sponsor shall retain a qualified professional to update the environmental
database review performed as part of the Phase 1 ESA no more than three months
prior to the start of any construction activities that would involve disturbance of
greater than 50 cubic yards of soil. The qualified professional shall prepare a report
summarizing the results of the environmental database review that assesses the
potential for any identified chemical release sites to affect soil quality at the proposed
project site and identifies appropriate soil analysis to evaluate the potential for soil
contamination at the proposed project site, if needed.
b. The project sponsor shall retain a qualified professional to conduct appropriate
sampling to assess the presence and extent of chemicals in the soil as needed for all
construction activities under the proposed project that require disturbance of greater
than 50 cubic yards of soil. To evaluate the potential for the presence of pesticides
and metals, sample analysis shall include dioxins and fitrans, chlorinated herbicides,
chlorinated pesticides, and California Title 22 metals at a minimum. If contamination
from a nearby site is indicated by the environmental database review conducted in
accordance with Mitigation Measure HAZ -la, then additional analysis shall be
conducted in accordance with the recommendations of the qualified professional. The
project sponsor shall also be required to notify the regulatory agencies if the
concentration of any chemical exceeded its respective screening level.
c. For excavation activities where chemical concentrations exceed environmental
screening levels, the project sponsor shall require the construction contactor to
prepare and to implement a site safety plan, based on the results of sampling
conducted as specified in Mitigation Measure HAZ -lb, identifying the chemicals
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present potential health and safety hazards, monitoring to be performed during site
activities soils - handling methods required to minimize the potential for exposure to
harmful levels of the chemicals identified in the soil, appropriate personnel protective
equipment, and emergency response procedures.
d. If chemical concentrations exceed environmental screening levels, the project sponsor
shall require the construction contractor(s) to prepare a material disposal plan, based
on the results of sampling conducted as specified in Mitigation Measure HAZ -lb, for
excess soil produced during construction activities. The plan shall specify the disposal
method for soil, approved disposal site, and written documentation that the disposal
site will accept the waste. If appropriate, materials may be disposed of on -site, under
foundations or in other locations in accordance with applicable hazardous waste
classifications and disposal regulations. The contractor shall be required to submit
the plan to the project sponsor for acceptance prior to implementation. During
construction, excess soil from construction activities shall be stockpiled and sampled
to determine the appropriate disposal requirements in accordance with applicable
hazardous waste classification and disposal regulations.
e. The project sponsor shall require the construction contractor(s) to have a contingency
plan for sampling and analysis of potential hazardous materials and for coordination
with the appropriate regulatory agencies. in the event that previously unidentified
hazardous materials are encountered during construction. If any hazardous materials
are identified, the contractor(s) shall be required to modify their health and safety
plan to include the new data. conduct sampling to assess the chemicals present, and
identify appropriate disposal methods. Evidence of potential contamination includes
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soil discoloration, suspicious odors, the presence of USTs, or the presence of buried
building materials.
As discussed in Mitigation Measure HAZ -lb, the project sponsor would remove and
notify the regulatory agencies of a discovered release. The assigned lead agency
would oversee all aspects of the site investigation and remedial action; and determine
the adequacy of the site investigation and remediation activities at the site.
45. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -2.
Hazardous Building Materials Removal. Prior to demolition of a building, the project
sponsor shall incorporate into contract specifications the requirement that the
contractor(s) have a hazardous building materials survey completed by a Registered
Environmental Assessor or a registered engineer. This survey shall be completed prior to
any demolition activities associated with the project. If any friable asbestos - containing
materials or lead - containing materials are identified, adequate abatement practices, such
as containment and /or removal, shall be implemented in accordance with applicable laws
prior to demolition. Any PCB - containing equipment, fluorescent light tubes containing
mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and
legally disposed of.
46. NOISE AND VIBRATION MITIGATION MEASURE NOI -1, Detailed Acoustical
Analysis for Residential Uses. During the Architecture and Site review process, noise
attenuation measures, as specified by an acoustical engineer, shall be incorporated into
the project design to ensure that noise levels in usable outdoor areas meet the Town's 65-
dBA (DNL) land use compatibility guideline for multi- family residential uses and interior
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noise levels meet Town's and State (Title 24) interior standard of 45 dBA (DNL). Noise
attenuation measures that could be incorporated into the design to achieve these limits
include:
Provision of acoustically- effective barriers or deck railings to meet the 65 -dBA
(DNL) exterior limit.
Provision of closed windows and mechanical ventilation to achieve the 45 -dBA
(DNL) interior standard.
47. NOISE AND VIBRATION MITIGATION MEASURE NOI -2. Construction- Related
Vibration Limits. To prevent cosmetic damage to existing adjacent structures, the project
contractor shall restrict equipment operations within 25 feet of adjacent structures,
whereby surface vibration will be limited to no more than 0.2 in/sec PPV, measured at
the closest residential structures.
48. NOISE AND VIBRATION MITIGATION MEASURE NOI -3. Construction - Related
Noise Abatement: The project contractor shall demonstrate that the project complies with
the following:
a. Construction contracts specify that all construction equipment, fixed or mobile, shall
be equipped with properly operating and maintained mufflers and other state required
noise attenuation devices, and not exceed the ordinance noise limit of 85 dBA at 25
feet.
b. Property occupants located adjacent to the project boundary shall be sent a notice. at
least 15 days prior to commencement of construction of each phase, regarding the
construction schedule of the proposed project. A sign, legible at a distance of 50 feet
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shall also be posted at the project construction site. All notices and signs shall be
rei iewed and approved by the Town of Los Gatos Public Works and Community
Development Department prior to mailing or posting and shall indicate the dates and
duration of construction activities, as well as provide a contact name and a telephone
number where residents can inquire about the construction process and register
complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public
Works and Community Development Departments, a qualified "Noise Disturbance
Coordinator." The Disturbance Coordinator shall be responsible for responding to
any local complaints about construction noise. When a complaint is received, the
Disturbance Coordinator shall notify the Town within 24 hours of the complaint and
determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.)
and shall implement reasonable measures to resolve the complaint, as deemed
acceptable by the Public Works and Community Development Departments. All
notices that are sent to residential units immediately surrounding the construction site
and all signs posted at the construction site shall include the contact name and the
telephone number for the Disturbance Coordinator.
d. Construction haul routes shall be designed to avoid noise - sensitive uses (e.g.,
residences, convalescent homes, etc.).
e. During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
f Pursuant to the Town of Los Gatos Municipal Code Section 16 20.035, construction
activities shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and
W .
9:00 a.m. and 7:00 p.m. on weekends and holidays. Additionally, pursuant to
Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the
satisfaction of the Town of Los Gatos Community Development (Building)
Department, that construction noise shall not exceed 85 dBA outside of the property
line.
49. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -1. Winchester
Boulevard and Albright Way (Unsignalized Intersection #4). The necessary
improvements to mitigate project and cumulative impacts at this intersection consist of
the signalization of the intersection with protected left -turn phasing on Winchester
Boulevard. Intersection level of service would improve to LOS B during both peak hours
with the improvements. However, based upon vehicular queuing analysis, it is
recommended that the project entrance at Winchester Boulevard and Albright Way be
restricted to right -turn in and out only and a new signalized project entrance be provided
along Winchester Boulevard approximately 200 feet south of Albright Way. The new
signalized entrance will be aligned with the entrance to the COUrtSlde Club forming a new
four- legged signalized intersection with signal interconnect to the signals at Winchester
Boulevard and Wimbledon Drive and Winchester Boulevard and State Route 85 (S). The
close spacing of only 400 feet between the new signal and the signal at Wimbledon Drive
will require that the two signals be interconnected and signal timing to be synchronized.
Alternate configurations may be possible to accommodate specific project phasing. Any
interim alternate configurations must provide a level of service that conforms to the
Town's Traffic Impact Policy.
50. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -2. University
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Avenue and Lark Avenue (Unsignalized Intersection #7). The necessary improvements to
mitigate project and cumulative impacts at this intersection consist of the signalization of
the intersection with signal interconnect to and coordination with the signal at Winchester
Boulevard and Lark Avenue. Intersection level of service would improve to LOS B and C
during the AM and PM peak hours, respectively, with the improvements. It should be
noted that this intersection is projected to operate at Unacceptable levels under Town of
Los Gatos 2020 General Plan Conditions. The Town of Los Gatos Draft 2020 General
Plan identifies the above improvement as a roadway improvement necessary to
accommodate the future development allowed under the 2020 General Plan. However,
due to the lack of dedicated funding sources for the improvements identified in the
General Plan, this improvement cannot be assumed to be completed under Project
Conditions. Therefore, the project will be required to fund and construct the
improvement, unless other development is identified that will contribute a `fair share'
amount toward the implementation of the improvement.
51. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -3. Winchester
Boulevard and Lark Avenue (Signalized Intersection #6). The developer shall
interconnect and synchronize the traffic signals at the Lark/University, Winchester /Lark.
Winchester /Wimbledon. and Winchester/New project entry intersections to mitigate pre-
and post - project queues at the Lark Avenue intersection by preventing them from
extending into the Wimbledon Drive intersection.) The interconnection and
1 These improvements are based on all operational study of the interconnection and synchronization of traffic
signals at Lark,'University, Winchester'Lark, Winchester: Wimbledon, and Winchester /New project entry that was
prepared Hexagon Transportation Consultants, Inc. in June 2011. The stud - concluded that interconnection and
synchronization of these signals would fully mitigate project queuing impacts without the need to lengthen turn
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synchronization improvements shall be completed prior to issuance of the first certificate
of occupancy for the development phase that triggers project entry signalization.
52. TRANSPORTATION & TRAFFIC MITIGATION MEASURE TRA -4. Pedestrian and
Bicycle Access. In order to avoid potential pedestrian safety hazards, the project applicant
shall install appropriate fencing along the east side of Winchester Boulevard to prevent
pedestrians from trying to cross the railroad tracks. Further, all required improvements
along Winchester Boulevard (including those specified in Mitigation Measure TRA -1
through TRA -3) shall be designed to accommodate the proposed Class II bikeway
designated by the 2020 General Plan for Winchester Boulevard between Lark avenue
and the northern town limit.
53. TRANSPORTATION /TRAFFIC MITIGATION MEASURE TRA -5: Parking Survey.
During the Architecture and Site review process, a parking survey shall be completed at
other comparable facilities in the region in order to determine adequacy of proposed
parking for senior residents as well as senior facility staff under Scenario 4.
Building Division
54. PERMITS REQUIRED: A building permit shall be required for the construction of each
new structure. Separate building permits are required for site retaining walls, swimming
pools, etc: separate electrical, mechanical, and plumbing permits shall be required as
necessary.
55. CONDITIONS OF APPROVAL. The Conditions of Approval shall be stated in full on
pockets.
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the cover sheet of the construction plan submitted for building permit.
56. PLANS. The construction plans for this project shall be prepared wider direct
supervision of a licensed architect or engineer (Business and Professionals Code Section
5538).
57. SOILS REPORT. Two copies of 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.
58. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer
or land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and the building pad elevation and 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. Pad elevation
b. Finish floor elevation
c. Foundation corner locations
59. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-
IR and MF -IR shall be printed on the construction plans.
60. 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 any building permits.
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in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form
from the Building Division Service Counter. The Town Special Inspection schedule shall
be printed on the construction plans.
61. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Non -point Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet is available at the Building Division service
counter.
62. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the
following agency approvals before issuance of a building permit:
a. West Valley Sanitation District: 378 -2407
b. Santa Clara County Fire Department: 378 -4010
c. Los Gatos Union School District: 335 -2000
Note: Obtain the school district forms from the Town Building Department, after the
Building Department has approved the building plans.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
63. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. subject to the provisions
of any applicable Development Agreement. 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
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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 howl. 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.
64. DEVELOPMENT AGREEMENT. The applicant shall enter an agreement to construct
public improvements in accordance with Tom Code 24.40.020, subject to the provisions
of any applicable Development Agreement.
65. 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
Parks and Public Works Director, 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 at 110 E. Main Street is
needed for grading within the building footprint.
66. GRADING PERMIT PHASING. Phased grading permits may be allowed if approved by
the Tovvn Attorney and the Parks and Public Works Director. Phasing may relate to
development phases or to multiple grading permits within a development phase, such as
early release of a grading permit prior to release of the building permit. Bonding of early
grading improvements may be required.
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67. TENTATIVE MAP. A tentative map and A &S approval are required for each
development phase, prior to submittal for a final or parcel map for that phase. Phased
final maps shall be permitted.
68. SUBDIVISION MAP. A final or parcel map shall be recorded. Two copies of the final
parcel map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any building permits are
issued. A &S and Tentative Map planning applications shall be approved for each
development phase before a parcel or final map for that phase is recorded.
69. 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.
70. DEDICATIONS. The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage
and site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress - egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Twenty (20) feet wide, extending from the northerly
terminus of Charter Oaks, through the project site, to Winchester Blvd.
71. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided for
each building stating that the building foundation was constructed in accordance with the
approved plans shall be provided subsequent to foundation construction and prior to
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construction on the structure. The pad certification shall address both vertical and
horizontal foundation placement.
72. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as- built" drawings.
73. AS -BUILT PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as- built"
plans shall again be signed and "wet- stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as- built" plans shall be review and approved
the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans
shall be provided to the Town before the Faithful Performance Security or Occupancy
Permit is released. The AutoCAD file shall include only the following information and
shall conform to the layer naming convention: a) Building Outline, Layer: BLDG -
OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING
WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer:
TENNIS- COURT; 0 Property Line, Laver: PROPERTY -LINE; g) Contours, Layer:
NEWCONfOUR. 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.
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74. FINISHED FLOOR ELEVATIONS. Finished floor elevations for all new structures shall
be higher than the 100 -year water surface elevations identified on Flood Insurance Rate
Maps current at the time of building permit issuance.
75. PLAN CHECK FEES. Mapping and Grading Permit plan check fees shall be deposited
with the Town prior to plan review at the Engineering Division of the Parks and Public
Works Department. Fee amounts are as specified in the applicable fee schedule, subject
to the provisions of any applicable Development Agreement.
76. INSPECTION FEES. The Inspection fees shall be deposited with the Town prior to
issuance of any Permit or recordation of the Final Map. Fee amounts are as specified in
the applicable fee schedule, subject to the provisions of any applicable Development
Agreement. At the discretion of the Town Engineer, the developer shall fund a Public
Works inspector on a time and materials basis as needed for the duration of the mass
grading and drainage construction for each development phase, subject to the provisions
of any applicable Development Agreement.
77. 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.
78. THIRD PARTY INSPECTOR FEES. The applicant shall pay for the inspection of public
street lighting and traffic signal related work. Inspections shall be performed by the
Town's street lighting and traffic signal contractor. An initial deposit of $5,000 shall be
made to the Town prior to issuance of an encroachment or public improvement permit.
Inspection will be on a cost recovery basis and additional inspection fees may be
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required.
79. 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.
80. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit for each development phase, subject to the discretion of the
Town Engineer.
81. STORMWATER MANAGEMENT PLAN. A storm water management shall be included
with the grading permit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the amended Santa Clara County NPDES Permit. 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 A &S approval differ significantly from those
certified on the Building /Grading Permit, the Town may require a modification of the
A &S approval prior to release of the Building Permit. The applicant may elect to have the
A &S submittal certified to avoid this possibility.
82. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner or
3s
Owner's Association, as appropriate, 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 and all current amendments or modifications.
The agreement will specify that certain routine maintenance shall be performed by the
property owner or owner's association, as applicable, 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.
83. SITE DRAINAGE. Any storm drain inlets (public or private) shall be stenciled /signed
with appropriate `NO DUMPING - Flows to Bay" NPDES required language.
84. NPDES. On -site drainage systems for all projects shall conform to the requirements of
the Municipal Regional NPDES Permit that is current at the time of A &S approval for
each development phase. Each development phase must provide, at a minimum,
sufficient improvements to treat all development within that phase. Deferral of treatment
to future phases will not be allowed.
85. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to the recordation of any subdivision
map, or immediately prior to the issuance of a sewer connection permit, which ever event
occurs first. Written confirmation of payment of these fees shall be provided prior to
recordation of each map or issuance of a building permit.
86. 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.
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87. 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
nest upstream manhole and /or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
88. TRASH ENCLOSURES. Trash enclosures shall be covered and provided with a drain
connected to the sanitary sewer system.
89. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
90. UTILITIES. All new utilities shall be placed underground.
91. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress print
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
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ground utilities shall be reviewed and approved by the Community Development Director
prior to issuance of any permit for each development phase.
92. PHOTOMETRICS. Site lighting photometrics shall be provided with each Architecture
and Site application.
93. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of each subdivision map.
94. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the
Town prior to recordation of each map. The joint trench plans shall include street and /or
site lighting and associated photometrics. A letter shall be provided by PG &E stating
that public street light billing will by Rule LS2A, and that private lights shall be metered
with billing to the owners association. Pole numbers, assigned by PG &E, shall be clearly
delineated on the plans.
95. TRENCHING. Trenching within public streets will be allowed subject to the following
requirements:
a. The Town standard "T trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium
asphalt. The initial lift(s) shall be of three quarter inch medium asphalt.
d. The Contractor shall schedule a pre - paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
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e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend 5 -feet beyond the Ion - itudinal limits of
trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion
of slurry seal operations.
96. TRAFFIC IMPACT FEE. The developer shall pay the Town Traffic Impact Fee in
accordance with the Town Code and Council fee resolution in effect at the time the
building permit application is made, subject to the provisions of any applicable
Development Agreement. Credit from demolishing existing office use shall be applied
toward the new office /R &D space. It shall not be allowed toward the residential use
unless there is unused credit after all new office /R &D space A &S applications have been
approved.
97. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
98. TRAFFIC CIRCULATION STUDIES. In connection with the A &S Approval for each
development phase, the developer shall prepare design -level circulation plans to address
onsite circulation and project entry points from Winchester Boulevard. The plans will
identify the configuration of on -site circulation facilities and the configuration of project
entry points from Winchester Boulevard, as needed to support each development phase.
The plans shall be in accordance with the Traffic Impact Study dated March 17, 2011
previously prepared for the Albright Way Project. and mitigation measures identified
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therein. The plans shall be funded by the developer and subject to Town Engineer
approval.
99. TRAFFIC IMPROVEMENTS. The following traffic improvements shall be provided in
addition to those identified in the CEQA review. These improvements shall be
substantially complete prior to issuance of the first certificate of occupancy, and fully
complete and accepted by the Town prior to the final certificate of occupancy for the
applicable development phase.
a. New Project Entry. The applicant shall provide detailed intersection traffic analysis
for the proposed intersection configuration to Town Engineer for approval. As a
minimum, an additional right turn lane entering the project site, additional bike lanes
along Winchester Boulevard, and two left-turn lanes exiting the project site shall be
required. All cost including and not limited to traffic analysis, design, construction,
inspection, and construction management shall be borne by the applicant. The
analysis and construction shall address all four legs of the intersection, including the
Courtside leg.
b. Winchester Blvd. /Albright Way. Construct a landscaped median island with turn
restriction signage.
c. Frontage Improvements. Paint pole and Install LED light fixture for all existing street
lights at the project frontage.
100. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's
public frontage to current Town Standards, subject to the provisions of any applicable
Development Agreement. These improvements may include but not limited to curb.
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gutter, sidewalk, driveway approaches, curb ramps, street lighting (upgrade and /or
repaint) etc.
101. PUBLIC IMPROVEMENTS. Plans for public 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 subdivision map for each
development phase. The improvements must be substantially completed prior to issuance
of the first certificate of occupancy, fully complete and accepted by the Town prior to
issuance of the final Certificate of Occupancy for each development phase.
102. 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. A slurry seal shall be provided across the full road width in
areas of trenching, road widening, median modification or construction, and where
striping has been ground off. 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 awalk- through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
103. PUBLIC AND PRIVATE IMPROVEMENT SECURITY. The applicant shall supply
suitable securities for all public improvements, and private circulation and drainage
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infrastructure improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) prior to
issuance of any permit for each development phase. Applicant shall provide two (2)
copies of documents verifying the cost of the applicable improvements to the satisfaction
of the Engineering Division of the Parks and Public Works Department.
104. RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining wafts. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
105. SOILS REPORT. One copy of the soils report shall be submitted with each grading
permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design and erosion
control. The reports shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6735 of the California Business and Professions Code.
106. SOIL EXPORT. The total soil export volume (stmt of all development phases) from the
site shall not exceed 90,000 cubic yards. The contractor's project engineer shall send
daily trucking reports to the Engineering inspector during the export operation of each
development phase.
107. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off
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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. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand, and other loose debris or require all trucks to maintain at least two feet of
freeboard.
108. SOILS REVIEW. Prior to issuance of each grading 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.
109. 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
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
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SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of the most current Santa Clara County NPDES ivIRP Permit.
110. 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
111. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit,
the project Applicant shall complete a pavement condition survey documenting the extent
of existing pavement defects using a 35 -mm or digital video camera. The survey shall
extend from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester
to the Campbell City limits. In addition, a pavement deflection analysis conforming to the
same limits as the photographic survey shall be performed to determine pavement
strength. The results shall be documented in a report and submitted to the Town for
OTIMIA
112. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant shall complete
a post construction pavement condition survey and pavement deflection analysis to
determine whether road damage occurred as a result of project construction and whether
there were changes in pavement strength. Rehabilitation improvements required to restore
the pavement to pre - construction condition and strength shall be determined using State
of California procedures for deflection analysis. The results shall be documented in a
report and submitted to the Town for review and approval. The Applicant shall be
responsible for completing any required road repairs prior to release of a certificate of
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occupancy.
113. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of any grading permit.
114. DEMOLITION. Any existing structures that would straddle a future property line shall
be demolished prior to recordation of the final or parcel map for the applicable phase.
115. 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.
116. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented
at construction sites greater than four acres in area:
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a. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
117. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor
and property 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.
118. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
119. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
120. 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
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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.
121. PRIVATE EASEMENTS. Agreements detailing rights limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with each subdivision map.
122. PRIVATE STREETS. All new streets shall be private.
123. 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.
124. 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.
125. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of constriction shall be diligently
performed bN a person or persons authorized to do so at all times during working hours.
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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. 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.
126. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one -way operation, specifying dates and hours of
operation.
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127. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle ,veight 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 (5 15.40.070).
128. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
129. CC &R's. A copy of the CC &R's shall be submitted for review and approval by the Town
Attorney and Planning Division prior to map recordation.
BO. AIR QUALITY MITIGATION MEASURE AQ -4: Additional DPM Reduction
Construction Measures. Prior to the approval of project plans and specifications, the
Town Engineer, or his designee, shall confirm that the constriction bid packages include
a plan demonstrating that the off -road equipment (more than 50 horsepower) to be used in
the construction project (i.e., owned, leased, and subcontractor vehicles) will achieve a
project wide fleet - average 20 percent NO reduction and 45 percent diesel particulate
matter (DPM) reduction compared to the most recent CARB fleet average. Acceptable
options for reducing emissions include the use of late model engines, low- emission diesel
products, alternative fuels, engine retrofit technology, after - treatment products, add -on
devices such as particulate filters, and /or other options as such become available. These
limitations shall be stipulated in construction bids, plans, and specifications, and shall be
enforced by the Town Engineer.
131. UTILITIES AND SERVICE SYSTEMS MITIGATION MEASURE USS -L Preserve or
relocate existing eight -inch line sanitary sewer line. During Architecture and Site Review,
detailed utility plans shall indicate either preservation or relocation of the existing eight-
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inch sanitary sewer transmission line to accommodate service for off -site flows north
through the site and establish a new sewer easement for this line. In addition, a letter from
West Valley Sanitation District stating approval of the project, shall be provided to the
Town by the applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
132. Review of this development proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes.
Prior to performing any work the applicant shall make application to, and receive from,
the Building Department all applicable construction permits.
133. Specific comments regarding construction requirements will be provided upon
submission of specific structural plans and specifications.
134. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access
roadways with a paved all weather surface, a minimum unobstructed width of 20 feet,
vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet
outside and 23 feet inside, and a maximum slop of 15 %. For installation guides refer to
Fire Department Standard Details and Specifications sheet A -l. CFC Sec. 503
135. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide
access roadways with a paved all weather surface and a minimum unobstructed width of
30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45
feet outside and 31 feet inside, a maximum slope of 10% and vehicle loading of 75,000
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pounds. (NOTE: this requirement addresses proposed high -rise structures). CFC Sec.
503
136. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not
be obstructed in any manner and, parking shall not be allowed along roadways less than
28 feet in width. Parking may be permitted along one side of roadways 28 -35 feet in
width. For roadways equal to or greater than 36 feet, parking will be allowed on both
sides of the roadway. Roadway widths shall be measured curb face to curb face, with
parking space based on an 8 ft width. CFC Sec. 503
137. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department prior
to the start of combustible construction. During construction, emergency access roads
shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed. Temporary access roads may be approved on
a case by case basis. CFC Sec, 501
138. FIRE SPRINKLERS REQUIRED. Approved automatic sprinklers are required in all new
and existing modified buildings when gross floor area exceeds 3,600 square feet or that
are 3 or more stories in height. Exception: One -time additions to existing buildings made
after 01/01/2008 that do not exceed 500 gross square feet. (NOTE: new editions of
applicable codes may require fire sprinklers in all new structures, regardless of size.)
CFC Sec. 903.2, as adopted and amended by LGTC.
139. PUBLIC FIRE I-IYDRANT(S) REQUIRED. Provide 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 minimum single hydrant flow of
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1500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the
civil drawings included with the building permit submittal. Required fees to be paid
ASAP to prevent engineering delays. (NOTE: hydrant spacing and minimum required
flow may change based upon subsequent editions of plans submitted to this office). CFC
Sec. 508.3, per Appendix B and C.
140. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit issuance may be withheld until required installations are completed,
tested, and accepted. CFC Sec. 501
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on August 1, 2011, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on August 15, 2011 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Steve Rice and Mayor Joe Pirzynski
NAYS: Steven Leonardis and Barbara Spector
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN of LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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