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
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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
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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.
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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