1999-072-Appeal Of Planning Commission To Approve Modification To Architectural And Site Approval Of The West Elevation Of A Commercial Building Zoned C-2:PD:LHPRESOLUTION 1999 - 72
RESOLUTION GRANTING IN PART AN APPEAL OF A PLANNING COMMISSION
DECISION TO APPROVE MODIFICATION TO ARCHITECTURAL AND SITE
APPROVAL OF THE WEST ELEVATION OF A COMMERCIAL BUILDING ZONED
C- 2:PD:LHP.
PROJECT APPLICATION: PRJ -99 -001
PROPERTY LOCATION: 50 UNIVERSITY AVENUE
PROPERTY OWNER/APPLICANT: SRI OLD TOWN, LLC.
APPELLANT: STACY J. STEWART
WHEREAS:
A. This matter came before the Town Council for public hearing on March 15, 1999,
which hearing was then continued to April 5, 1999, and again to April 19, 1999, on an appeal by the
appellant, Stacy J. Stewart, from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law. The matter was bifurcated with Council deciding some
issues and the hearing on the other issues then continued to May 17, 1999.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of Commission proceedings and the packet of material
contained in the Council Agenda Reports dated February 26, April 26, May 13 and May 17, 1999,
along with subsequent reports and materials prepared concerning this application.
C. Project Application PRJ -99 -001 seeks modification of the prior Architecture and Site
Approval for the Old Town project (Project Application PRJ -96 -162) approved by Council on March
17, 1997, upon denial of an appeal of the Commission decision to approve (Resolution 1997 -24).
D. On January 27, 1999 the Commission approved modifications to the west elevation.
The modifications reflected changes to the approved design of the west elevation due in part to
tenants' requests and in part to construction changes.
E. This appeal of the Commission's decision to approve Project Application PRJ -99-
001, was filed by Stacy J. Stewart, on grounds that the Commission did not maintain the intent of
the planned development approvals and that the Commission did not have the discretion to make this
decision since the changes were major and impacted the planned development which only Council
can modify.
F. The Commission erred in approving modifications that would make the west
elevation look and function like the rear of Building E, thus defeating the Town's desire for 360
degree architecture, including maximum access to Building E via the west elevation.
G. The appeal is hereby bifurcated to allow Council to retain jurisdiction over all Elm
Street issues and the service lift for Steamers Restaurant. The public hearing on these issues has
been continued by Council. By this action, Council resolves all other issues raised as a consequence
of Project Application PRJ -99 -001.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
99 -001 is therefore granted in part, excluding the issues of Elm Street and the service lift for
Steamer's Restaurant. In granting this appeal, Council approves the following:
a. The trash compactor enclosure configuration is approved to be located as
proposed, except that the south wall of the enclosure shall line up evenly with
the pilasters on the south wall of Building E.
b. Issues regarding lighting along the pedestrian arcade are referred to the
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Planning Commission to be considered along with the other arcade issues.
C. Regarding the display windows, condition No. 89 shall be added to the
conditions of approval of the application to satisfaction of the Directors of
Planning and Parks and Public Works to read as follows:
89. DISPLAY WINDOWS. Display windows located at Building E must reflect the current
merchandise program at the stores located in Building E, must be periodically cleaned, maintained
and changed, must be illuminated at night (in no event shall such requirement continue later than one
(1) hour after close of business), and display glass shall not be obscured in any way by any
material(s) or object(s) affixed in any manner to the outside or inside surfaces of the glass, with the
exception of the tenant's standard vinyl safety window logos.
d. Regarding future customer access via the double doors located at the west
elevation of Building E, condition No. 90 shall be added to the conditions of
approval of the application to satisfaction of the Directors of Planning and
Parks and Public Works to read as follows:
90. DOUBLE DOORS. Double doors located at the west elevation of Building E store spaces
to be occupied by Gap, Gap Kids and Banana Republic shall provide full customer access to those
store spaces .upon either the termination of current leases, including any option periods for those
store spaces or the issuance of any permits for tenant improvements: (a) to the combined Gap /Gap
Kids store spaces in the amount of ONE HUNDRED TWENTY -SEVEN THOUSAND SIX
HUNDRED DOLLARS ($127,600), adjusted to then current construction trade costs determined by
using industry scales; and to the Banana Republic store space in the amount of NINETY -SIX
THOUSAND TWO HUNDRED FIFTY ($96,250), adjusted to then current construction trade costs
determined by using industry scales.
e. Regarding the exterior colors of Building E, condition No. 91 shall be added
to the conditions of approval of the application to satisfaction of the Directors
of Planning and Parks and Public Works to read as follows:
91. EXTERIOR COLORS. Nine (9) months from the date of final occupancy of the shell of
Building E, Town Council shall review the exterior colors to determine whether or not any or all
of the colors should be changed. If colors are to be changed, it shall be done at the applicant's
expense within ninety (90) days of the decision of Council.
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f. Conditions of Approval are attached as Exhibit A and incorporated herein.
9. Exterior awnings for the Sur La Table store space are approved as proposed.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7 t" day of June, 1999 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski.
None
Mayor Jan Hutchins
None
SIGNE
ATTEST:
CLERK OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
LOS GATOS, CALIFORNIA
)S GATOS
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CONDITIONS OF APPROVAL
50 University Avenue
Project Application PRJ -96 -162
Requesting Architecture and Site Approval to permit construction above the parking lot, and
approval for the partial demolition and rehabilitation of the Old Town Shopping Complex.
Development plans include the demolition of an existing building containing a restaurant,
construction of a new commercial building adjacent to St. Luke's Episcopal Church, expansion and
reconstruction of the existing buildings, and construction of a new commercial building across
University Avenue with underground parking.
PROPERTY OWNER: Old Town LLC, A California Limited Liability Co.
APPLICANT: Ed Storm
Project Application PRJ -99 -001
Requesting approval of a modification to Architectural and Site approval of the west elevation of
a commercial building zoned C- 2:PD:LHP.
PROPERTY OWNER/APPLICANT: SRI OLD TOWN, LLC.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
3. PHASING. All buildings may be worked on simultaneously. Twenty Five percent of the
occupancy of Building E shall be held until final occupancy has been given for the existing Old
Town Center and its two parking lots. A map shall be provided prior to the issuance of a
building permit, indicating the tenant spaces of Building E and which units are proposed to
have their occupancy held. During the final occupancy stage, these held units may be changed
with Town approval.
4. MECHANICAL EQUIPMENT. All mechanical equipment shall be screened. The quietest
and smallest capacity heating, ventilation, and air conditions equipment that meets design
specifications and Town Noise Ordinance standards shall be used. The roof equipment for
Building D shall be restricted to the east end of the building and the vent exhausts shall be
directed toward the Old Town parking lot.
5. RECYCLING. All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of material,
shall be submitted to the Town prior to the Town's demolition inspection.
6. CLOSED AREAS. The areas to be abandoned shall be uninhabitable spaces, and the
finished materials shall be removed. There shall be no heating or air conditioning of these
spaces and there shall be no electrical or plumbing outlets. No storage shall be placed in these
areas. These areas shall be shown to be closed off during final inspection.
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7. PLAQUES. The two plaques which currently exist on the building, (the history of Los Gatos
plaque and the dedication to teachers and students plaque), shall be saved and replaced on the
building prior to final occupancy.
8. RESTROOMS. The restrooms located within the buildings, which are not exclusively for an
individual office use, shall be available to the general public.
9. BUILDING D. The back wall (south side next to church) shall be painted to match or
harmonize with the existing St. Luke's wall.
10. BUILDING D ACCESS. Access to the space between Building D and the St. Luke's wall
may be securely closed to the public and accessible only to the appropriate and permitted
maintenance /landscaping personnel.
11. STORE DELIVERIES. The area behind Building E, adjacent to Parking Lot 6, shall not be
used for deliveries.
12. SECOND LEVEL PARKING. An additional level of underground parking is allowed and
strongly encouraged to be constructed with this approval. This parking is not required as part
of the approval for this project.
13. AMPHITHEATER. The amphitheater shall remain as an amphitheater and shall include
provisions for electrical power and water, and a back wall for the amphitheater. A Conditional
Use Permit application must be filed by the applicant and approved by the Town prior to using
the amphitheater. At the time of review of the permit, parking will be analyzed for the
proposed use.
14. ARCHED ENTRY. The arched entry element at the rear of Building E shall be modified to
reflect the conceptual elevation on file. This revision shall be reviewed and approved by the
Town prior to the issuance of a building permit for Building E.
* *SEE ALSO: CONDITION 89 (DISPLAY WINDOWS) and
CONDITION 91 (EXTERIOR COLORS)
(Engineering Section)
15. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a.California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building permit.
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. The plans shall be in conformance with the
Streetscape Plan for Central Business District Improvements (which includes benches and
trash receptacles) for the improvements identified below:
1. University Avenue (Easterly side). Curb, gutter, "Villa Hermosa" sidewalk, curb ramps,
driveway approach, street lights, tie -in paving, removal of mid -block crosswalks,
signing, striping, storm and sanitary sewers, as required.
2. University Avenue (Westerly side). Curb, gutter, "Villa Hermosa" sidewalk, tree grates,
curb ramps, high- capacity driveway approach, street lights, partial CBD corner detail,
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recessed loading zone, tie -in paving, removal of existing stamped concrete crosswalks,
signing, striping, storm and sanitary sewers, as required.
3. Elm Street. Curb, gutter, "Villa Hermosa" sidewalk, tree grates, curb ramp, street lights,
tie -in paving, signing, striping, storm and sanitary sewers, as required.
4. Mullen Avenue. Curb and gutter including along the unfinished terminus with provision
for access to future Los Gatos Creek trail, "Villa Hermosa" sidewalk, curb ramps,
driveway approach, street lights, tie -in paving, signing, striping, storm and sanitary
sewers, as required.
5. Edelen Avenue. Curb ramp, road closure, tie -in paving, signing and striping, as required.
16. LANDSCAPE MAINTENANCE AGREEMENT. A five year landscape maintenance
agreement shall be accepted by the Town, prior to the issuance of a building permit.
17. EDELEN AVENUE ROAD CLOSURE. Edelen Avenue shall be closed at the south end for
vehicular traffic. The closure shall meet the requirements of the Town and Central Fire
Protection District. The closure shall be installed and accepted by the Town, prior to the
occupancy of more than 75 percent of Building E. The land area remaining from the closure
shall be landscaped and shall be included in the landscape maintenance agreement.
18. MID -BLOCK CROSSWALK. The existing mid -block crosswalks shall be removed. No
new mid -block crosswalk shall be installed. The only marked crosswalk to the site shall be
at the Elm Street /University Avenue intersection and across Mullen Avenue at University
Avenue. These sidewalks shall conform to the CBD standards.
19. ELM STREETIUNIVERSITY AVENUE CROSSWALK. The crosswalk at Elm Street and
University Avenue shall conform to the design standards of the CBD.
20. CURB RAMPS. The developer shall construct nine or ten (9 or 10) curb ramps according to
State Standard Drawings. The ramps shall be installed at the following locations: at the
crosswalks at University Avenue /Elm Street, University Avenue /Mullen Avenue, one on each
side of the University Avenue entrance, one on each side of the high- capacity driveway to the
below -grade parking garage, two on the southerly side of Mullen Avenue, opposite Edelen
Avenue, and one or two on the northeasterly corner of Edelen and Mullen Avenues. The actual
"Case" as shown on the standard to be used will be decided by the Engineering Construction
Inspector during the construction phase.
21. STREET LIGHTING. A minimum of five (5) street lights, conforming to CBD standards,
shall be installed along the project frontages. A street light shall be installed adjacent to the
most easterly Mullen Avenue driveway, the Mullen/University Avenue corner, the main
entrance walk and both University Avenue driveways.
22. HYDRAULIC CALCULATIONS. At the time of the final design of the proj ect, existing and
post- project hydraulic calculation for the project area and associated drainage conveyance
facilities between the project and Los Gatos Creek. The hydraulic calculation should include
calculations to confirm the preliminary findings of the EIR.
23. EROSION CONTROL PLAN. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Development Section of the Planning Department. On sites over
5 acres, at Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (S WPPP) shall
be submitted to the Region Water Quality Control Board. The plan shall account for existing
drainage conditions since most runoff generated on the sunken parking lot site during the
excavation phase would be too low to drain to adjacent storm drains and would require
pumping.
24. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before issuance of the
building permit.
25. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
proportional to the project's share of transportation improvements needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town
Council resolution in effect at the time the building permit application is made. The number
of trips used in the calculations will be the net additional trips as shown in Table 5 -8 of the
E.I.R. by Geier & Geier, dated September 1996. The fee shall be paid before issuance of the
building permit. The traffic impact mitigation fee for this project using the current fee
schedule is $89,280. The final fee shall be calculated using the rate schedule in effect at the
time of the building permit application.
26. CHRISTMAS SHOPPING CONSIDERATIONS. Construction shall be scheduled or other
measures implemented, to minimize construction impacts during the Christmas shopping
season.
27. LUNDY LANE. The developer shall demonstrate that the Old Town Center has rights of
access to use Lundy Lane for pedestrian access. Verification will be required prior to final
occupancy. If access is not allowed, the gate will be required to be locked.
28. SIDEWALK EASEMENT. The sidewalk easement along the west side of University
Avenue at loading duckout(s) shall be abandoned and reestablished in a new location prior
to issuance of a building permit for Building E.
29. DEDICATION. The radius at the driveway exit from Parking Lot 6 to Elm Street, shall be
widened and the additional land area shall be deeded to the Town, prior to the issuance of a
building permit for Building E.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Parks & Forestry Section)
30. TREE CARE. All tree care activities shall be accomplished by a licensed, competent tree care
firm as approved by and under the supervision of the Director of Parks, Forestry &
Maintenance Services.
31. PROTECTIVE FENCING. Prior to any construction or Building Permits being issued, the
applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning
the need for protective fencing around the existing trees. Such fencing is to be installed prior
to, and be maintained during construction.
32. NEW TREES. Newly planted trees shall be double - staked, using rubber tree ties and shall
be planted prior to final occupancy.
33. IRRIGATION. No irrigation or planting shall be permitted under the dripline of existing
native trees. All newly planted material shall be irrigated by an in- ground irrigation system.
34. CONSTRUCTION. No construction or grading shall take place within the dripline of
existing trees.
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35. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the
dripline of existing trees shall have aeration tubes installed.
36. LANDSCAPE PLAN. A final landscape plan shall be submitted and approved the by Parks
Superintendent prior to issuance of a building permit. Planting on the south back of Building
D shall be done in cooperation with St. Luke's Church.
37. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance as per Chapter 26 Article IV of the Town Code. A review fee based on current
resolution shall be paid when the landscape, irrigation plans and water calculations are
submitted for review. Plans and fees must be submitted prior to issuance of a building permit.
38. ARBORIST REQUIREMENTS. The following measures from the Coate study (1996) shall
be enforced to minimize damage to the three Oak trees located on the adjacent Church property
next to the proposed Building D:
a. The foundation which is installed ten feet from the fence, beginning 50 feet east of the
curb, must be of pier and beam foundation design, not standard L- footing.
b. If an additional wall is installed adjacent to the existing property line wall, it shall also
be of a pier and grade beam foundation design with the beam laid on top of the existing
grade.
C. When pavement is removed from any area beneath the canopy of one of these trees, the
pavement must be removed by breaking the pavement up with a jackhammer or by
manual labor, and the broken pieces shall be loaded into a skip loader which is standing
on undisturbed pavement. Roots which are exposed in the top three inches of soil, with
removal of that pavement, shall be protected from compaction or other damage.
d. Under no circumstances shall equipment be allowed to drive on the exposed soil once the
pavement has been removed until protection has been installed over the newly exposed
roots.
e. The protective surfaces shall include a four inch layer of tree chips over any surface
beneath the tree canopy which is newly exposed.
f. If it becomes necessary to drive construction equipment over any of those newly exposed
areas, 1.5 inch plywood sheets shall be laid over a five inch layer of tree chips to prevent
compaction of the soil by equipment wheels.
g. As part of the contract specifications for the general contractor and all subcontractors,
construction personnel shall not be allowed to prune any of the Oak tree limbs or
branches located direly above construction. An Arborist certified by the International
Society of Arboriculture shall be called to prune the canopy of the trees over the parking
lot before construction begin begins, if any conflicts arise between actual construction
and the tree at later stages of construction, only the arborist shall be allowed to do
additional pruning to solve the problem. All pruning must follow Western Chapter,
International Society of Arboriculture Pruning Standards.
h. The two Oak trees located closest to University Avenue shall be fertilized by injecting
a liquid fertilizer mix into all areas beneath the canopies of these trees, including that on
the south side of the existing wall. The fertilizer shall be composed of Greenbelt 22 -14-
14 soluble fertilizer mixed at four pounds of fertilizer per 100 gallons of water, and
injected at 10 gallons of this mix per one inch of trunk diameter into all areas beneath the
E
canopy in exposed soil or through bricks where that becomes the only method by which
fertilizer can be supplied to the root zone.
(Public Works Section)
39. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All work
shall conform to the applicable Town ordinances. Adjacent public right -of -way shall be kept
clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed
into storm sewers. The storing of goods and materials on the sidewalk and /or 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.
40. CONSTRUCTION NOTIFICATION. The developer shall notify the businesses and
residents in the construction area of the construction schedule prior to commencement of work
which will affect parking.
41. ELM STREET. Elm Street shall remain open during construction.
42. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Construction 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.
43. EROSION CONTROL MAINTENANCE. Grading activities shall be limited to the period
of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between
clearing of an area and stabilizing /building on this area if grading that is allowed to go on
during the rainy season. In addition, straw bales and plastic sheeting shall be stored on -site for
emergency control, if needed. Install filter berms, check dams, retention basins, silt fences,
and straw bale dikes as needed on the proj ect site, to protect downstream water quality during
winter months.
44. UTILITIES. The developer shall install all utility service, including telephone, electric
power, and other communications lines underground, as required by Town Code
§27.50.015(b).
45. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed because
of developer's operations. Improvements such as, but not limited to, curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, or
signs shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvements to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk - through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
46. AS -BUILT PLANS. After completion of the construction of all work in the public right -of-
way or public easements, 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
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engineer who prepared the plans, attesting to the changes. The original "As- built" plans shall
be reviewed and approved the Engineering Inspector. A photo Mylar of the approved "As-
built" plans shall be provided to the TOWN before the release of the Faithful Performance
Security.
47. DRIVEWAY APPROACHES. The developer shall install four (4) Town Standard
Commercial driveway approaches in the locations shown on the Official Development Plan.
The new driveway approaches shall be constructed per Town Standard Detail S -5. At the
entrance to the below -grade parking garage, a high- capacity driveway shall be installed.
48. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit.
49. BUILDING "E" PARKING. The underground garage can be used for construction worker
parking once the Town Building Official has finaled the private use of the garage. In addition,
the entrance to the parking garage shall be monitored at all time that it is open (e.g., guard,
gate, etc.) to ensure it is not used by the public prior to the issuance of a Certificate of
Occupancy for Building "E ".
50. PARKING CONTINGENCY PLAN. The applicant shall prepare a construction worker
parking contingency plan, to be implemented if directed to do so by the Town, to have
construction workers park off -site. The plan shall include designation of a specific off -site
location for all construction worker parking. This location shall not be within the Central
Business District (C -2 zone) unless Town Council gives the authorization to a specific site, and
workers shall be shuttled from the off -site location. The parking contingency plan shall be
approved by the Director of Building and Engineering Services prior to the issuance of a
building permit.
51. CONSTRUCTION DELIVERIES. All construction deliveries shall be restricted to the
hours between 9:00 a.m. and 3:00 p.m. to minimize school and downtown impacts. The
applicant should monitor construction activities to ensure that traffic flow along University are
not adversely affected by materials /equipment deliveries. At no time shall street blockages be
permitted that would impact the mobility of emergency service vehicles.
52. PEDESTRIAN ACCESS. Construction activities shall be planned and implemented so as
to minimize disruption to pedestrian and vehicular traffic. The sidewalk shall be kept open on
at least one side of each street at all times.
53. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West Valley
Sanitation District at the developer's expense and approved by the Town of Los Gatos before
they are used or reused. Install sanitary sewer lateral clean -outs at the property line.
(Building Section)
54. NOISE REDUCTION. Equipment used for project construction shall utilize control
techniques (improved mufflers, equipment redesign, use of silencers, ducts and mufflers) in
order to minimize construction noise impacts. Construction noise shall be minimized by
requiring the project contractors to agree with the following measures:
a. If the Noise Ordinance noise standard cannot be met at the Mullen Avenue property
boundary or along the church boundary, temporary wooden fencing shall be erected
during construction along that boundary.
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b. A member of the project applicant's team shall be appointed to enforce construction
hours allowed by Town Ordinance. The project applicant shall introduce this person to
the Town staff and have this person accessible to the Town during all site preparation
and construction activities.
C. Elimination of unnecessary idling of equipment.
d. Good maintenance and lubrication procedures shall be used on all construction
equipment to reduce operating noise.
55. HAZARDOUS MATERIALS PLAN. A management plan for hazardous materials shall be
prepared by the developer. This management plan shall identify all suspected hazardous
materials (including contaminated soils, groundwater, PCB's, lead -based paints, asbestos) and
specify applicable regulations that would determine appropriate handling and disposal of
hazardous materials. The management plan shall provide detailed quantification of the types
and quantities of asbestos. The plan shall also provide guidelines for the handling and disposal
of lead -based paints. When handling and disposing of lead -based paints, appropriate measures
shall be required to ensure compliance with applicable state hazardous waste and OSHA
regulations (worker safety). The plan shall include plans for site safety /worker protection,
sampling and investigation, and disposal /remediation for materials which exceed regulatory
action levels and are determined to be hazardous. For suspected hazardous materials
(contaminated soil and groundwater) which may be encountered during construction,
contingency plans for site safety /worker protection, sampling and investigation, and
disposal /remediation shall be included; these shall be based on soil and groundwater sampling
and testing that have been completed to date. The plan shall be filed with the Town and all
other appropriated agencies. Appropriate contract specifications shall be imposed on
construction contractors for proper handling and disposal of hazardous materials consistent
with the required management plan. The developer shall complete an asbestos survey of the
Steamer's building prior to demolition. The developer shall ensure that all existing asbestos
containing materials are removed, closed off or encapsulated by a licensed abatement
contractor prior to site preparation for renovation, rehabilitation and removal of any materials
or fixtures. This will include undertaking a physical examination of the project site to
determine the amount of each type of material to be closed off, encapsulated or removed, and
mapping areas where asbestos containing materials are to be closed off, encapsulated and /or
removed. An inspection and maintenance program shall be developed for any areas closed off
or encapsulated to prevent any fiber release.
56. HAZARDOUS MATERIAL PREPARATION. During demolition and excavation
activities, the developer shall be prepared for the potential of encountering hazardous materials
in areas not already characterized. The developer shall be alerted for visible evidence of
hazardous materials, such as soil discoloration, suspicious odors, or presence of underground
tanks, piping or other buried building materials and shall provide for the collection of grab
samples in the area of suspected contamination.
57. GROUNDWATER CONTAMINANTS. If groundwater is encountered during project
construction and dewatering is required, the developer shall undertake sampling and testing
of the encountered groundwater in accordance with the contingency sampling and investigation
plan. If groundwater is found to contain contaminants which exceed regulatory action levels,
it may not be discharged into the existing storm drain system. Removal and handling of the
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contaminated groundwater shall be done in a manner acceptable to the Regional Water Quality
Control Board, the Town and other jurisdictional agencies. Once more detailed project plans
become available, the Town may choose to require the developer to submit a Notice of Intent
(NOI) to the California Regional Water Quality Control Board prior to construction. If
required, the NOI letter shall include mapping, potential pollutant lists, and a detailed
description of drainage factors regarding the project site during construction.
58. ELEVATOR CONTAMINANTS. The existence of contaminants in soil beneath the existing
elevator room shall be determined and appropriate remediation shall be completed as required
by applicable federal, state and local regulations. Appropriate contract specifications shall be
imposed on construction contractors for proper handling and disposal of hazardous materials
consistent with the required management plan.
59. PCB'S. The developer shall request PG &E to test the two transformers for PCB's and if
present, PCB's shall be removed and disposed of properly.
60. NOTIFICATION REQUIREMENTS. The developer shall comply with notification
requirements under applicable Federal regulations regarding hazardous air pollutants, including
asbestos, in accordance with Section 19827.5 of the California Health and Safety Code
(adopted January 1, 1991).
61. EXISTING BASEMENT. While the existing hazard posed in the crawl hole basement area
of Building B is not an impact of the proposed project, this area shall be immediately be closed
off or abated and the soil decontaminated by a licensed abatement contractor (prior to initiation
of any work on the proposed project). In the event the crawl hole basement of this area is
permanently closed off, an inspection and maintenance program shall be developed to prevent
any fiber release.
62. ASBESTOS EXPOSURE. All necessary measures shall be implemented to protect operating
merchants, employees and customers from exposure to asbestos.
63. BAAQMD. To comply with BAAQMD nuisance abatement rules, the following dust (PM 10)
control measures shall be included as conditions of the building permit:
a. Water all active construction areas at least twice daily.
b. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain
at least two feet of freeboard.
C. Apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access
roads, parking areas, and staging areas at construction sites.
d. Sweep (preferably with water sweepers) all paved access roads, parking areas and staging
areas at construction sites.
e. Sweep streets daily (preferably with water sweepers) if visible soil material is carried
onto adjacent public streets.
64. GEOLOGIC HAZARDS CHECKLIST. The developer shall submit to the Town a
Geologic Hazards Checklist, as outlined by the California Department of Conservation
Division of Mines and Geology, and appropriate geotechnical design studies demonstrating
that the probable lateral forces experienced at the project site from a seismic event have been
taken into consideration in the design and construction plans for the proposed project. These
studies shall address building foundation design for the parking garage and Buildings D and
E as well as for any seismic retrofit found to require new or upgraded foundations in Buildings
A and B. Project plans for seismic retrofitting of Buildings A and B shall demonstrate
conformance with 1994 Uniform Building Code requirements (including 1995 California
amendments) and /or recommendations made by Boley Consulting Engineers, whichever
requirements are determined to be appropriate by the Town.
65. SEISMIC RETROFIT. The developer shall provide plans or designs for structural repairs
in order to seismically retrofit the existing buildings. Such plans or designs shall include any
and all foundations needed to support each location of seismic retrofitting. Proposed plans
shall conform to the current Uniform Building Code, with California amendments in effect in
Town.
66. BUILDING CODE. Project plans shall demonstrate conformance with current Uniform
Building Code requirements (including California amendments in effect in Town) and /or
recommendations made by Boley Consulting Engineers (whichever requirements are
determined to be appropriate by the Town) to repair and upgrade the structures in order to
integrate the structural system and to make Buildings A and B capable of providing resistance
to gravity and seismic loads.
67. PARKING GARAGE. The westerly wall of the underground garage under Building E shall
contain a structurally designed section or sections that would structurally accommodate being
knocked out for access to and from a possible future below -grade parking level on Town
Parking Lot No. 6.
68. PERMITS REQUIRED. A building permit application shall be required for each proposed
structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary.
69. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
70. SIZE OF PLANS. The maximum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
71. 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.
72. DEWATERING PLAN. Prior to issuance of a building permit, the project applicant shall
prepare a dewatering plan specifying how groundwater would be handled when encountered
during excavation, how temporary excavations would be protected from groundwater
saturation and how permanent foundations would be kept dry from groundwater as well as
from surface water runoff.
73. 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
74. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall
be blue lined on the construction plans.
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75. PLANS. The construction plans for this project shall be prepared under direct supervision of
a licensed architect or engineer. (Business and Professionals Code Section 5538)
76. DEMOLITION PERMIT REQUIREMENTS. Contact Bay Area Air Quality Management
District (415- 771 -6000) and complete their process as necessary before obtaining a demolition
permit from the Town Building Department. No demolition work shall be done without first
obtaining a demolition permit from the Town.
77. TITLE 24 ACCESSIBILITY - COMMERCIAL. On site parking facility shall comply with
the latest California Title 24 Accessibility Standards for disabled.
78. TITLE 24 ACCESSIBILITY - COMMERCIAL. On site general path of travel shall
comply with the latest California Title 24 Accessibility Standards for disabled. Work shall
include but not limit to have accessibility to building entrances from parking facilities and
sidewalks.
79. TITLE 24 ACCESSIBILITY - COMMERCIAL. The building shall be upgraded to comply
with the latest California Title 24 Accessibility Standards for disabled. Necessary work shall
be first investigated by the design architect then confirmed by the Town staff. The new
building shall fully comply with the latest California Title 24 Accessibility Standards for
disabled.
80. COMMERCIAL - RESTAURANT USE. Proper size grease trap shall be required for any
restaurant use. The following agencies will review the grease trap requirements before issuance
of the building permit:
a) West Valley Sanitation District: 378 -2407
b) County Health Department: 299 -6060
c) Town Parks- Forestry & Maintenance Department: 354 -6808
81. SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the Building Permit, in accordance with
UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Department Service Counter. The Town Special inspection schedule shall be blue lined on the
construction plan.
82. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (Size 24" X 36 ") is available at the Building Department
service counter.
83. GARBAGE FACILITY. The garbage facility at the rear of Building E shall be available for
the businesses currently using trash bins at Parking Lot 6. This arrangement shall be secured
by an agreement or license approved by the Town.
84. APPROVALS REQUIRED. The Project requires the following agencies approval before
issuing a building permit:
a) West Valley Sanitation District: 378 -2407
b) Central Fire District: 378 -4015
c) County Health Department: 299 -6060
* *SEE ALSO: CONDITION 90 (DOUBLE DOORS)
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TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT
85. SPRINKLERS. Fire sprinkler system shall be modified as necessary for Buildings A, B and
C. An automatic fire sprinkler system shall be installed in Building E and the parking garage.
The fire sprinkler systems shall conform to National Fire Protection Standard #13, 1994
Edition without the use of exceptions.
86. HYDRANTS. Provide one public fire hydrant at a location to be determined jointly by the
Central Fire District and the San Jose Water Company. Maximum hydrant spacing shall be
250 feet and the minimum single flow hydrant shall be 1500 GPM at 20 psi. residual pressure.
If hydrants exist on site, include civil drawings showing location of all hydrants with the
building permit submittal.
87. TIMING. The required fire hydrant shall be in place and accepted by the fire department prior
to the start of combustible framing. Bulk construction materials shall not be delivered to the
site until the hydrant has been accepted by the Fire District. Clearance for building permits
will not be given until such time as this requirement is addressed by the developer.
TO THE SATISFACTION OF THE CHIEF OF POLICE
88. LIGHTING. The stairwells and building recesses shall have proper lighting with illumination
no less than five foot candles at five feet off the ground. If telephones are provided, they shall
be located in the open courtyard, not hidden away behind walls.
TO THE SATISFACTION OF SANTA CLARA COUNTY WATER DISTRICT
89. DRAINAGE. There shall be no overbank drainage into the Los Gatos Creek from grading the
site. Storm runoff shall be collected via an on -site storm drain system and distributed to an
existing city storm drain system or an outfall into the creek. If an outfall is desired, it shall be
designed in accordance with District guide sheets.
90. PERMIT. A District permit is required for any construction adjacent to or within the Los
Gatos Creels.
TO THE SATISFACTION OF THE DIRECTORS OF PLANNING AND PARKS AND
PUBLIC WORKS:
91. DISPLAY WINDOWS. Display windows located at Building E must reflect the current
merchandise program at the stores located in Building E, must be periodically cleaned,
maintained and changed, must be illuminated at night (in no event shall such requirement
continue later than one (1) hour after close of business), and display glass shall not be obscured
in any way by any material(s) or object(s) affixed in any manner to the outside or inside
surfaces of the glass, with the exception of the tenant's standard vinyl safety window logos.
92. DOUBLE DOORS. Double doors located at the west elevation of Building E store spaces to
be occupied by Gap, Gap Kids and Banana Republic shall provide full customer access to
those store spaces upon either the termination of current leases, including any option periods
for those store spaces or the issuance of any permits for tenant improvements: (a) to the
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combined Gap /Gap Kids store spaces in the amount of ONE HUNDRED TWENTY -SEVEN
THOUSAND SIX HUNDRED DOLLARS ($127,600), adjusted to then current construction
trade costs determined by using the values found in the appropriate Building Standards
Magazine published by the International Conference of Building Officials; and to the Banana
Republic store space in the amount of NINETY -SIX THOUSAND TWO HUNDRED FIFTY
($96,250), adjusted to then current construction trade costs determined by using the values
found in the appropriate Building Standards Magazine published by the International
Conference of Building Officials.
93. EXTERIOR COLORS. Nine (9) months from the date of final occupancy of the shell of
Building E, Town Council shall review the exterior colors to determine whether or not any
or all of the colors should be changed. If colors are to be changed, it shall be done at the
applicant's expense within ninety (90) days of the decision of Council.
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