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Exhibits 3-10 of Attachment 1Other Business Item #8 — continued VOTE: Motion passed 4/1. Vice Mayor Marcia Jensen voted no. Mayor Leonardis presented a parting gift to retiring Town Attorney Judith Propp. PUBLIC HEARINGS 9. Architecture and Site Application S -13 -050, Conditional Use Permit Application U- 13 -020. Project Location: 16268 Los Gatos Boulevard. Property Owner: Fox Creek Fund, LLC. Applicant: Gary Kohlsaat. Appellant: Marshall Smith. Consider an appeal of a Planning Commission decision approving the demolition of an existing commercial building and construction of a new commercial building on property zoned C -1. APN 532 -06 -060 Suzanne Avila, Senior Planner, presented the staff report. Opened the Public Hearing at 8:03 p.m. Marshall Smith, appellant, spoke on the project. Joe Piazza - Commented in support of the project. Gary Kohlsaat, applicant, spoke on the project. Helen Pastorino - Commented on the professionalism of the project. Robert Burba - Commented in support of the project. Marshall Smith, appellant - Spoke in response to comments made. Gary Kohlsat, applicant - Spoke in response to comments made. Closed the Public Hearing at 8:39 p.m. Council discussed the matter. Town Council /Parking Authority December 16, 2013 EXHIBIT 3 ofAftachment i Public Hearing Item #9 — continued MOTION: Motion by Vice Mayor Marcia Jensen to grant the appeal and remand to Planning Commission with specific direction to consider reducing the square footage, and /or consider a set -back building so the visual continuity is maintained. Council Member Barbara Spector requested amendment to the motion: that staff include in the staff report to the Planning Commission the issues raised about commercial guidelines and consider a variance to the rear set back. Seconded by Council Member Barbara Spector. VOTE: Motion passed 4/1. Council Member Diane McNutt voted no. OTHER BUSINESS 10. Discuss Council interest in moving regular Town Council meeting days from Mondays to Tuesdays Pamela Jacobs, Assistant Town Manager, presented the staff report. Council discussed the matter. MOTION: Motion by Mayor Steven Leonardis to move council meetings to Tuesdays starting January 2015. Seconded by Council Member Marcia Jensen. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 9:06 p.m. Attest: /s/ Shelley Neis, Interim Clerk Administrator Town Council /Parking Authority December 16, 2013 RESOLUTION 2013 -055 RESOLUTION OF TIME TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A REQUEST TO CONSTRUCT A NEW COMMERCIAL BUILDING ON PROPERTY ZONED C -1 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 532 - 06-060 CONDITIONAL USE PERMIT: U- 13-020 ARCHITECTURE AND SITE APPLICATION S-13 -050 PROPERTY LOCATION: 16268 LOS GATOS BOULEVARD PROPERTY OWNER, FOX CREEK FUND, LLC APPLICANT: GARY KOHLSAAT, ARCHITECT APPELLANT: MARSHALL SMITH WHEREAS, this matter came before the Town Council for public hearing on December 11, 2013, and was regularly noticed in conformance with State and Town law; and WHEREAS, Council received testimony and documentary evidence from the appellant, applicant, and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Planning Commission Report dated October 23, 2013, along with subsequent reports and materials prepared concerning this application; and WHEREAS, the applicant requested approval of a Conditional Use Permit and Architecture and Site application to construct a new office building. Surrounding properties on Los Gatos Boulevard are developed with a commercial building and single family residence (north), church and ancillary facilities (south and east) and single - family homes and offices (west); and EXHIBfi 4 of Attachment I WHEREAS, the Planning Commission considered the applications on October 23, 2013, and voted to approve the Conditional Use Permit and Architecture and Site applications, making required findings and subject to amended conditions of approval; and WHEREAS, the appellant appealed the decision of the Planning Commission based on his belief that the Planning Commission erred in its decision because the proposed building will not be compatible with surrounding development, other commercial buildings have been approved with parking in front of the building, and proposed commercial buildings would have parking between the building and street; and WHEREAS, Council has determined that there are policies in the Los Gatos Boulevard Plan and Commercial Design Guidelines that the Council needed to provide direction on in regards to the setback from Los Gatos Boulevard. NOW, THEREFORE, BE IT RESOLVED, the appeal of the decision of the Planning Commission on Conditional Use Permit U -13 -020 and Architecture and Site application 5 -13- 050 is hereby granted and the applications are remanded to the Planning Commission for further consideration of an increased setback, possible reduction of the building size, and/or stepping back the second floor from the first floor on the front elevation. BE IT FURTHER RESOLVED, 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 and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of December, 2013, by the following vote. COUNCIL MEMBERS: AYES: Marcia Jensen, Joe Pirzynski, Barbara Spector and Mayor Steven Leonardis NAYS: Diane McNutt 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 This Page Intentionally Left Blank PLANNING COMMISSION —February 26, 2014 REQUIRED FINDINGS FOR: 16268 Los Gatos Boulevard Architecture and Site Application 5 -13 -050 Conditional Use Permit Application U -13 -020 Requesting approval of a Conditional Use Permit and Architecture and Site application for construction of a new commercial building on property zoned C -1. APN 532 -06 -060. PROPERTY OWNER: Fox Creek Fund, LLC APPLICANT: Gary Kohlsaat, Architect FINDINGS: California Environmental Quality Act (CEQA): The project is Categorically Exempt pursuant to Section 15303 of the State Environmental Guidelines as adopted by the Town for construction of a new office building less than 10,000 square feet. Granting of a Conditional Use Permit: ■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: I . The proposed use of the property is essential or desirable to the public convenience or welfare in that the new building will provide needed office space. 2. The proposed use will not impair the integrity and character of the zone in that the use will be in a commercial zone and has an adequate setback from an adjacent residence. 3. The proposed use would not be detrimental to public health, safety or general welfare in that conditions placed on the permit will mitigate potential impacts. 4. The proposed use of the property is in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code as discussed within the October 23, 2013 report to the Planning Commission. Compliance with Commercial Design Guidelines: ■ The project was reviewed by staff and the Architectural Consultant and determined to be in compliance with the Commercial Design Guidelines. Compliance with Traffic Policy: ■ The project will provide needed Class A office space and an electric vehicle charging station will be provided on the site. EXREff 5 ofAttacbment 1 CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. The project includes high quality design and materials, will enhance the streetscape and be compatible with surrounding development. N: \DE V\FMDMGS\201 MGB 16268- A@S.DGC PLANNING COMMISSION — February 26, 2014 CONDITIONS OF APPROVAL 16268 Los Gatos Boulevard Conditional Use Permit Application U -13 -020 Requesting approval of a Conditional Use Permit for construction of a new commercial building on property zoned C -1. APN 532 -06 -060. PROPERTY OWNER: Fox Creek Fund, LLC APPLICANT: Gary Kohlsaat, Architect TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL. This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved by the Planning Commission on February 26, 2014, and noted as received by the Town on January 31, 2014. Any changes or modifications to the approved plans shall be approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 2. EXPIRATION. The Architecture and Site approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is used prior to expiration. 3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 4. USES. Allowed uses are administrative/professional office, retail and personal service. If medical office is proposed in the future, the CUP shall be amended. 5. WINDOWS. None of the windows visible from the street shall be blacked out. 6. DELIVERY HOURS. Deliveries shall occur between 9:00 a.m. and 7:00 p.m., Monday through Saturday. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: 7. FUTURE STUDIES. Any post project traffic or parking counts or other studies imposed by Planning Commission or Town Council shall be funded by the applicant. N:1DE VICONDITNS1201<V,0816268.CUP.dm EXHIBIT 6 efAttachment I This Page Intentionally Left Blank PLANNING COMMISSION — February 26, 2014 CONDITIONS OF APPROVAL 16268 Los Gatos Boulevard Architecture and Site Application S -13 -050 Requesting approval of an Architecture and Site application for construction of a new commercial building on property zoned C -1. APN 532 -06 -060. PROPERTY OWNER: Fox Creek Fund, LLC APPLICANT: Gary Kohlsaat, Architect TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL. This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved by the Planning Commission on February 26, 2014, and noted as received by the Town on January 31, 2014. Any changes or modifications to the approved plans shall be approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 2. EXPIRATION. The Architecture and Site approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is used prior to expiration. 3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 4. 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 Towns demolition inspection. 5. ARCHITECTURE. The recommendations of the Consulting Architect shall be incorporated into the construction plans, including enhancement of the exterior stairs through addition of stone on the risers and addition of landscape elements such as potted plants at the exterior stairs. 6. EXTERIOR COLOR. Prior to painting the building or application or integral stucco the exterior color palette shall be reviewed and approved by staff on the project site, with input from the Consulting Architect as needed. 7. OUTDOOR LIGHTING. Building exterior and landscape lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. The final lighting plan will be reviewed during building plan check. Any changes to the lighting plan shall be approved prior to installation. 8. PROPERTY LINE WALLS. A six foot masonry wall shall be installed on the rear property line and a solid six foot high wall with metal or wood panels in areas with existing tree shall be installed on the south side property line as shown on the approved plans. a[AtftacMW 71 Conditions of Approval 16268 Los Gatos Boulevard /S -13 -050 Page 2 of 10 9. WATER EFFECIENCY LANDSCAPE ORDINANCE. The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. 10. LANDSCAPE PLAN. The approved landscape plan shall be fully installed prior to final inspection. 11. TREE REMOVAL PERMIT. A Tree removal Permit shall be issued for trees to be removed, prior to issuance of a demolition permit. Replacement trees shall be planted based on the Canopy Replacement Table in the Tree Protection Ordinance, prior to final inspection. 12. TREE PRESERVATION. All recommendations of the Town's Consulting Arborist shall be followed throughout all phases of construction. Refer to the report prepared by Deborah Ellis dated June 7, 2013, and addendum dated June 25, 2013, for details. Tree protection specifications shall be printed on the construction plans. 13. TREE FENCING. Protective tree fencing shall be placed at the drip line of the existing trees in the vicinity of construction prior to issuance of a demolition permit and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. 14. FINAL UTILITY LOCATIONS. The applicant shall submit a plan showing the final locations and screening of all exterior utilities, including but not limited to, backflow preventers, Fire Department connections, transformers, utility boxes and utility meters. Utility devices shall be screened to the satisfaction of the Director of Community Development. The plan shall be submitted for review and approval prior to issuance of building permits and any required screening shall be installed prior to final inspection. 15. STORY POLES. The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. Building Division 16. PERMITS REQUIRED. A building permit is required for the new single family residence. Separate permits are required for electrical, mechanical and plumbing work as necessary. 17. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue -lined in full on the cover sheet of the construction plans. A compliance memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 18. SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36." 19. DEMOLITION REQUIREMENTS. Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG &E that all utilities have been disconnected, return the completed from to the Building Department Service Counter with the Air District's J# Certificate, PG &E verification, and three (3) sets of site plans that show all existing structures and all existing utility service lines such as water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit from the Town. Conditions of Approval 16268 Los Gatos Boulevard/S -13 -050 Page 3 of 10 20. SUITE NUMBERS. Submit requests for suite numbers to the Building Division prior to submitting for the Building Permit applications for the Tenant Improvement projects. 21. SOILS REPORT. A soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics (California Building Chapter 18). 22. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor may be required to be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on -site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation C. Foundation comer locations d. Retaining Walls 23. TITLE 24 — COMMERCIAL. The building shall comply with the latest California Title 24 Accessibility Standards. 24. BACKWATER VALVE. The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12- inches above the elevation of the next upstream manhole. 25. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out, signed by all requested parties, and be blue -lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or at www.losgatosca.gov/building. 26. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program sheet (or 24x36 Clean Bay sheet) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Counter for a fee of $2 or at San Jose Blue Print for a fee. 27. PLANS. The construction plans shall be prepared under the direct supervision of a licensed architect or engineer (Business and Professionals Code Section 5538). 28. APPROVALS REQUIRED. The project requires the following departments and agencies approval before issuing a building permit: a. Community Development - Planning Division: Suzanne Avila (408) 354 -6875 b. Engineering/Parks & Public Works Department: Trang Tu- Nguyen (408) 354 -5236 C. Santa Clara County Fire Department: (408) 378 -4010 d. West Valley Sanitation District: (408) 378 -2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. Conditions of Approval 16268 Los Gatos Boulevard /S -13 -050 Page 4 of 10 29. ADVISORY COMMENTS. a. The minimum number of required plumbing fixtures shall be calculated using California Plumbin g Code Table 4 -1, Office Buildings —for Employee use. b. The sidewalk to the main entrance must connect to the public sidewalk, not the driveway, have a slope of less than 5% (otherwise it is considered a ramp), and a cross slope that does not exceed 2 %. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 30. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 31. APPROVAL. This application shall be completed in accordance with all the conditions of approvals listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 32. 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. It is the responsibility of the applicant/developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 33. PUBLIC WORKS INSPECTIONS. The developer or representative shall notify the Engineering Inspector at least 24 -hours before starting any work pertaining to on -site drainage facilities. Grading or paving, and all work in the public right -of -way. Failure to do so will result in rejection of work that went on without an inspection. 34. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 35. SITE SUPERVISION. The general contractor shall provide qualified supervision on the job site at all times during construction. Conditions of Approval 16268 Los Gatos Boulevard/5 -13 -050 Page 5 of 10 36. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Departrnent. 37. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 38. DESIGN CHANGES. Any proposed changes to the approved plans shall be subject to the approval of the Town prior to start of altered work. The applicant or project engineer shall notify the Town Engineer in writing at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built' plans. 39. PARKING. Any proposed parking restriction must be approved by The Town of Los Gatos Community Development Department. 40. PLANS AND STUDIES. All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. 41. GRADING PERMIT. Grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 42. CONSTRUCTION EASEMENT. Prior to the issuance of any permit, it shall be the sole responsibility of the owner /applicant to obtain any and all proposed or required easements and/or permissions necessary to perform the improvements herein proposed. Proof of agreement/approval is required prior to issuance of any Permit. 43. DRAINAGE STUDY. Prior to the issuance of any grading permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a. A drainage study of the project including diversions, off -site areas that drain onto and/or through the project, and justification of any diversions. b. A drainage study evidencing that proposed drainage patterns will not overload existing storm drains. C. Detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, stone drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. 44. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 45. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall- -top of wall elevations and locations b. Toe and top of cut and fill slopes Conditions of Approval 16268 Los Gatos Boulevard/5 -13 -050 Page 6 of 10 46. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 47. 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 and days, coordination with local schools and neighboring property owners, 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. 48. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 49. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication shall be recorded before any permits are issues: a. Sidewalk Easement. Approximately seven (7) feet wide, as shown on the plans. 50. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the 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. 51. 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. 52. SOIL RECOMMENDATIONS. The project shall incorporate the geotechnical /geological recommendations contained in the project specific soils report and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town's consultant and costs shall be borne by the applicant. 53. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 54. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current Town Standards. These improvements include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and/or repaint) etc. Conditions of Approval 16268 Los Gatos Boulevard/5 -13 -050 Page 7 of 10 55. 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. 56. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 57. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Details. 58. AS -BUILT PLANS. An AutoCAD disk of the approved "as- built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: (a) Building Outline, Layer: BLDG - OUTLINE; (b) Driveway, Layer: DRIVEWAY; (c) Retaining Wall, Layer: RETAINING WALL; (d) Swimming Pool, Layer: SWIMMING -POOL; (e) Tennis Court, Layer: TENNIS- COURT; (i) Property Line, Layer: PROPERTY -LINE; (g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 59. CONSTRUCTION TRAFFIC. All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of permit. 60. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a fee proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $9,060. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on office use. 61. CONSTRUCTION STREET PARKING. No vehicle having a manufacture's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior to approval from the Town Engineer. 62. HAULING OF SOIL. Hauling of soil on or off -site shall not occur duri ng 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 Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer /owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. 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. Conditions of Approval 16268 Los Gatos Boulevard/S -13 -050 Page 8 of 10 63. 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. 64. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and 9:00 a.m. to 7:00 p.m., weekends Saturdays and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 65. 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. Advance notice shall be provided to neighboring property owners and schools of heavy construction activities and heavy construction shall not start before 8:30 am on days when schools are in session. No construction is allowed on Sundays. 66. SHARED PRIVATE ACCESS. The private access easement shall be kept open and in a safe, drive -able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure. 67. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. A sanitary sewer clean-out shall be installed at the property line. 68. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. Conditions of Approval 16268 Los Gatos Boulevard/S -13 -050 Page 9 of 10 69. BEST MANAGEMENT PRACTICES (BMP's). The applicant is responsible for ensuring that all contractors are aware of storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be placed and maintained for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Temporary removal of BMPs during construction activities shall be placed at the end of each working day. Failure to comply with the construction BMP's will result in the issuance of correction notices, citations, or stop work orders. 70. SITE DESIGN MEASURES. All projects must incorporate the following measures to the maximum extent practicable: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. C. Direct roof downspouts to vegetated areas where feasible. d. Use permeable pavement surfaces where feasible. e. Use landscaping to treat stormwater. 71. SOURCE CONTROL MEASURES. The project must incorporate the following measures: a. Beneficial landscaping (drought tolerant and/or native plants) in order to minimize over - irrigation and the use of pesticides on the landscaping. b. Storm drain inlet labeling. 72. 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 - aftemoon 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. 73. CONSTRUCTION ACTIVITIES. All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 74. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. Conditions of Approval 16268 Los Gatos Boulevard/S -13 -050 Page 10 of 10 75. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. 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. 76. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. On -site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10' minimum from adjacent property line and/or right of way. 77. PERMIT ISSUANCE. Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. 78. COVERED TRUCKS. All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 79. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire sprinkler system is required for the building, hydraulically designed per National Fire Protection Association (NFPA) Standard #13D. A State of California (C -16) Fire Protection contractor shall submit plans, calculations, a completed permit application and appropriate fees to the Fire Department for approval, prior to beginning their work. 80. POTABLE WATER SUPPLIES. Potable water supplies shall be protected from contamination caused by fire protection water supplies. The applicant shall contact the providing water purveyor and shall comply with all requirements of that purveyor. The fire sprinkler system shall be designed in compliance with water purveyor requirements; final approval of the system will not be granted by the Fire Department until written confirmation is received from the water purveyor. 81. CONSTRUCTION FIRE SAFETY. The construction site shall comply with applicable provisions of the California Fire Code, Chapter 14 and Fire Department Standard Detail and Specification SI -7. 82. PREMISE IDENTIFICATION. Approved addresses shall be placed on the new building that is clearly visible and legible from Los Gatos Blvd. Numbers shall be a minimum of four inches high and shall contrast with their background. N:\DEV \CONDITNS\2014\LGB 16268- A &S.dm Zoning district I C -1 same I office is a permitted use E%HIBIT 8 N:\DENSUZANNE\DRC\ PROJECTS \LGB16268 \LGB16268- DATA.DOC of Attachment 1. Land use Office (former SFR) new office building Lot size: • Square feetlacres 18,695 same no minimum Exterior materials: • siding wood ledgestone veneer, metal, stucco • trim wood metal • windows aluminum frame • roofing composition shingle flat roof membrane /standing seam Building floor area • first floor 1,296 1,352 • second floor 687 5,460 • total 1,988 6,813 Setbacks (ft.): • front 60' 15' 15 feet minimum • rear 87'6" 20' 20 feet minimum • side (left) 26' 24' none required • side (right) 27'4" 20' 20 feet minimum Maximum height (ft.) 23' 257' 35 feet maximum FloorArea Ratio (%) • total building 1,988 6,813 no maximum Parking 11 29 one space /235 sq. ft. Sewer or Septic sewer same Landscaping • Property line buffers 10' 5'(2,167 sq. ft.) 5 feet side and rear • Site total 7,229/38.7% 6,252/33.5% Tree Removals 3 canopy replacement E%HIBIT 8 N:\DENSUZANNE\DRC\ PROJECTS \LGB16268 \LGB16268- DATA.DOC of Attachment 1. This Page Intentionally Left Blank A R C H I T E C T U R E Planning Commission February 12, 2014 C/O Planning Department, Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 Re: 16268 Los Gatos Boulevard Project Description/ Letter of Justification - Addendum Dear Members of the Commission: The planning commission originally approved this application on October 23, 2014. This decision was appealed, and on December 11, 2014, the Town Council granted the appeal, remanding the application back to the Planning Commission. The council requested further consideration regarding an increase to the front setback, a possible reduction in building size, and/or stepping back the second floor from the first floor on the front elevation. In the spirit of this judgment, the front of building has been moved back a full ten (10) feet, thus providing a twenty five (25) foot front setback at the closest point. This places the front face more in line with the two adjacent structures to the south. Also, the building is parallel with the side property lines and not square to the street front, and the facade is offset in several places. As per the planning commission's previous request, two balconies were added to the front elevation to add visual relief to the massing. The depth of these balconies was increased from 5 feet (submitted for Town Council) to nearly 6 feet. These offsets and the angled siting of the building help to further reduce the impact of the building on the streetscape. Moving the building away from the street, whether if be two feet or ten feet, directly effects the parking behind the first floor footprint. Two covered parking stalls had to be removed from the rear; one new parking stall has been added in front of the building that will be reserved for clean air vehicles and will feature an electric charging station. The exterior stairs on the North (Left) side of the building were changed from a straight run to a switchback to account for the loss of depth. The garbage area as well as one single parking stall are squeezed but were maintained. As a result of losing one parking stall, the floor area of the building was reduced 235 sf, from 7,050 sf to a new total of 6,815 sf. This equates to a floor area ratio of just less than 36 percent. The area was taken from the second floor, as the first floor footprint is at a functional minimum. The lobby, stair, elevator are two story elements and have been squeezed from earlier designs. There are two small office spaces and restroom, and that's it for the first floor. ExHIMT 9 of Attachment P 51 University Avenue, Suite L • Los Gatos, CA 95030 • 408.395 -2555 LOS GATOS OFFICE BUILDING, 16268 LOS GATOS BLVD PAGE 2OF2 The net effect of these changes means the building is situated well within the confines of the property, with generous setbacks all around. The entire width of the facade is just slightly more than fifty percent the width of the lot. The right side (South) has a twenty foot setback, the left side (North) setback varies from twenty four to twenty six (24-26) feet and the rear setback is thirty eight (38) feet at the closest point. The rear and sides were not moved from the previous iteration. We feel this revised application addresses the concerns voiced by the Town Council. Moving the building back from the street, reducing the size of the building and providing a reduction in overall mass warrants approval. Sincerely, Gary Kohlsaat Architect C19245 A R C H I T E C T U R E COLOR SAMPLES BOARD 16268 LOS GATOS BOULEVARD STUCCO (UPPER): INTEGRAL COLOR COAT STUCCO - RANGE: BENJAMIN MOORE - STONINGTON GRAY, SILVER CHAIN & NIMBUS STUCCO (LOWER): INTEGRAL COLOR COAT STUCCO - RANGE: BENJAMIN MOORE - PLATINUM GRAY, GRAYSTONE & WILLOW CREEK TILE ACCENTS: GRAY LIMESTONE IN VARIED TONES ROOFING: CONCRETE ROOF TILE BRACKETS GUTTER FASCIA & DOORIWINDOW FRAMES: ANODIZED ALUMINUM EXHIBIT 10 of Attachment I