Attachment 1TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
W Meeting Date: June 11, 2014
Q1O+ sq
PREPARED BY: Joel Paulson, Planning Manager
i paulson(c—vloseatosca.gov
APPLICATION NO.: Architectural and Site Application S -14 -022
LOCATION: 121 and 131 Albright Way (south side of Blossom Hill Road),
three lots East of Los Gatos Boulevard)
ITEM NO: 4
APPLICANT:
PROPERTY
OWNER:
CONTACTPERSON
APPLICATION
SUMMARY: .
RECOMMENDATION
PROJECT DATA:
Amy Dee (Netflix Inc.)
LG Business Park LLC
Amy Dee (Netflix Inc.)
Requesting approval to construct an elevated pedestrian bridge
between two commercial buildings on property zoned CM:PD.
APNs 424 -32 -038, 045, 054, and 060.
DEEMED COMPLETE: May 30, 2014
FINAL DATE TO TAKE ACTION: November 30, 2014
Forward a recommendation to Town Council for approval of the
Architecture and Site application.
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size:
Light Industrial
Controlled Manufacturing with
a Planned Development
Overlay (CM:PD)
General Plan, Common Design
Guidelines of the Commercial
Design Guidelines
115,493 square feet
ATTACHMENT 1
Planning Commission Staff Report - Page 2
121 -131 Albright Way/ S -14 -022
June 11, 2014
Surrounding Area:
Existing
Land General Plan
Zoning
Use --
_ — -- .__._..._...-
—� -N
N/A -
North Hwy 85
Office /
/A
Neighborhood
I CM:PD
High Density j Commercial
Residential
_ _ ________
_
East I Low Density Low
Density R -1:8
Residential
1 Residential
1 Medium Density j Medium
Density 1 RMH
Residential
1 Residential
�— en Space
- - -- F�er1- Space - -
-- - - -- CM
-- --
South ; County Fire
- - -J� pht Industrial - -- -.. CM -
West ! Freeway
N/A
NA
Interchange
- - -- -- - - - - -
- -- :-
Courtside
1 Medium
Density CM:PD
Residential
Residential
1 Medium
Density RM-
1 Residential
5:12:PD
CEQA: The potential environmental impacts of the proposed bridge are
within the scope of environmental impacts analyzed in the Albright
Office Park Environmental Impact Report (EIR) and none of the
events listed in Public Resources Code section 21166 have
occurred. Accordingly, no further CEQA process is required for
this Architecture and Site application.
FINDINGS: ■ That the potential environmental impacts of the proposed
bridge are within the scope of environmental impacts analyzed
in the Albright Office Park EIR and none of the events listed in
Public Resources Code section 21166 have occurred.
Accordingly, no further CEQA process is required for this
Architecture and Site application.
■ That the project is in substantial conformance with the
Common Design Guidelines of the Commercial Design
Guidelines.
■ That the Architecture and Site application is in substantial
conformance with Planned Development Ordinance 2216.
CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code for
Architecture and Site applications.
Planning Commission Staff Report - Page 3
121 -131 Albright Way/ S -14 -022
June 11, 2014
ACTION: Forward a recommendation to Town Council for approval of the
Architecture and Site application.
EXHIBITS: 1. Location map (one page)
2. Required Findings and Considerations (one page)
3. Recommended Conditions of Approval (two pages)
4. Project description and letter of justification, dated February
26, 2014 (one page)
5. Consulting Architect report, received April 7, 2014 (two
pages)
6. Settlement Agreement (eleven pages)
7. Planned Development Ordinance 2216, includes Exhibit A
(53 pages). Without Official Development Plans.
8. Development Plans, dated April 11, 2014 (nine pages)
BACKGROUND:
On June 17, 2013, the Town Council certified an Environmental Impact Report, adopted a
Mitigation Monitoring and Reporting Program, adopted Planned Development Ordinance 2216,
and approved an Architecture and Site application for the subject site. The approvals above were
for: construction of four office/R &D buildings with a total maximum square footage of up to
485,000 square feet; construction of a parking garage; and other site improvements as outlined in
the approved plans.
Los Gatos Citizens for Responsible Development (Petitioners) filed a lawsuit challenging the
Town's approval of the Albright Way project on the grounds that the environmental review was
inadequate. The Petitioners then filed a second lawsuit claiming that the Town did not follow
the General Plan when approving the Albright Way project and did not have the discretion to
approve a project greater than 35 feet in height in the Controlled Manufacturing (CM) zone and
Light Industrial land use designation. The Town prevailed in both lawsuits at the Trial Court
level. The Petitioners filed an Appeal in the first lawsuit and the time had not expired for
Petitioners to file an appeal in the second lawsuit.
In October 2013, a Notice of Intent to Circulate a Petition titled Amend the Los Gatos General
Plan and Zoning Code and Adopt a Specific Plan for Development of 90 -160 Albright
Way and 14600 Winchester Boulevard (Albright Way Initiative) was filed with the Town's
Election Official. The Town Attorney prepared and provided an official ballot title and summary
for the proposed initiative for use by the proponents for publication and circulation of the
petition.
In December 2013, proponents of the initiative filed with the Election Official the petition
containing a total number of 4,113 signatures. On December 12, 2013, the petition was
delivered by the Election Official to the Santa Clara County Registrar of Voters Office for
signature verification. On January 22, 2014, the Santa Clara County Registrar of Voters Office
Planning Commission Staff Report - Page 4
121 -131 Albright Way/ 5 -14 -022
June 11, 2014
notified the Town that the proposed initiative had received at least 3,020 valid signatures, more
than 15% of the registered voters in the Town.
In early 2014, Pursuant to Council direction, the Town Attorney, with support from Town staff,
began negotiating with the petitioners and the project sponsors for a potential settlement that
would address all parties' concerns regarding the Albright Way Initiative. A settlement
agreement was considered and approved by the Town Council at their meeting on March 3, 2014
(Exhibit 6).
The basic terms of the Settlement Agreement applicable to this application are as follows:
1. LG Business Park agrees the project will be in substantial conformance with the Town
Council's Performance Standards of Planned Development Ordinance 2216 through the
Specific Plan implementation.
2. LG Business Park agrees that the proposed Specific Plan Initiative does not rescind the 152
original Architecture and Site (A &S) Conditions of Approval (which were incorporated into
the Specific Plan Initiative) and therefore the project will be in substantial conformance with
the original A &S Conditions of Approval.
3. LG Business Park will submit an application for the proposed pedestrian bridges through the
A &S process and pay the applicable community benefit fee for the bridges.
4. The Town agrees to process all requests for permits and other approvals in an expeditious
manner.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located at 90 -160 Albright Way and 14600 Winchester Boulevard
in the northern part of the Town of Los Gatos, immediately east of Winchester Boulevard
and south of Highway 85 (Exhibit 1). Winchester Boulevard and a Union Pacific
Railroad right -of -way bound the project site on the west, while Highway 85 bounds the
northern side of the property. The Los Gatos Creek Trail, which separates the property
from and runs along Los Gatos Creek, bounds the property on the east, and the Charter
Oaks residential neighborhood bounds the project site on the south. The headquarter
offices of the Santa Clara County Fire Department are adjacent to the south side of the
14600 Winchester Boulevard office building, and adjoin the southwestem site boundary.
B. Architecture and Site Approval
Architecture and Site approval is required for the proposed construction of the elevated
pedestrian bridge. Considerations for the review of Architecture and Site applications are
included in Exhibit 2 as required by Section 29.20.150 of the Town Code.
Planning Commission Staff Report - Page 5
121 -131 Albright Way/ 5 -14 -022
June 11, 2014
C. Zoning Compliance
Planned Development Ordinance 2216 requires that future Architecture and Site
applications be forwarded to the Planning Commission for a recommendation to the
Town Council and Town Council is the final deciding body for additional Architecture
and Site applications. The Planning Commission must find that the proposed application
is in substantial conformance with Planned Development Ordinance 2216 if their
recommendation is for approval.
ANALYSIS:
A. Architecture and Site
The applicant is proposing to construct an elevated pedestrian bridge between Building 1
(three story building) and Building 2 (four story building) which are currently under
construction. The pedestrian bridge is proposed be 850 square feet and connect at the
third floor of the buildings.
The applicant has submitted a project description and letter of justification (Exhibit 4)
and development plans (Exhibit 8) detailing their proposal.
The proposed pedestrian bridge was reviewed by the Town's Consulting Architect who
stated that "The design is well done, and complements the approved design for the two
buildings being connected." Exhibit 5 contains the Consulting Architect's full comments
on the proposal.
B. Parking and Traffic
Based on the square footage of the proposed buildings, including the pedestrian bridge,
the addition of the proposed pedestrian bridge will not exceed 485,000 square feet.
Therefore, no additional traffic will be generated and no new parking spaces are required
for the proposed pedestrian bridge.
C. Community Benefit
Pursuant to the settlement agreement, that applicant will be required to pay $1 per square
foot for the proposed pedestrian bridge square footage.
D. CEOA Determination
The potential environmental impacts of the proposed bridge are within the scope of
environmental impacts analyzed in the Albright Office Park EIR and none of the events
listed in Public Resources Code section 21166 have occurred. Accordingly, no further
CEQA process is required for this Architecture and Site application.
Planning Commission Staff Report - Page 6
121 -131 Albright Way/ 5 -14 -022
June 11, 2014
PUBLIC COMMENTS:
Public hearing notices were sent to surrounding property owners within 300 feet of the project
site. Tenants are noticed in addition to the property owner when the owner does not reside on
the premises. As of the date of this report the Town has not received any public comment.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The project is in substantial conformance with Planned Development Ordinance 2216
and is consistent with the applicable provisions of the Common Design Guidelines of the
Commercial Design Guidelines. The proposed pedestrian bridge will have the same high
quality architectural style and materials as the proposed buildings that have been
approved.
B. Recommendation
Staff recommends that the Planning Commission take the following actions:
1. Find that the potential environmental impacts of the proposed bridge are within the
scope of environmental impacts analyzed in the Albright Office Park EIR and none of
the events listed in Public Resources Code section 21166 have occurred.
Accordingly, no further CEQA process is required for this Architecture and Site
application. (Exhibit 2);
2. Find that the project is in substantial conformance with the Common Design
Guidelines of the Commercial Design Guidelines (Exhibit 2);
3. Find that the Architecture and Site application is in substantial conformance with
Planned Development Ordinance 2216 (Exhibit 2);
4. Find that the project is consistent with the considerations for approval of Architecture
and Site applications (Exhibit 2);
5. Recommend approval to the Town Council for Architecture and Site application S-
14 -022, subject to the conditions in Exhibit 3 and the development plans (Exhibit 8).
Alternatively, the Commission may take one of the following actions:
1. Forward a recommendation of approval of the Planned Development and Architecture
and Site applications to the Town Council with direction for modifications to the
proposal; or
2. Forward a recommendation of denial of the Planned Development and Architecture
and Site application to the Town Council.
Planning Commission Staff Report - Page 7
121 -131 Albright Way /S -14 -022
June 11, 2014
A0
j
by.son, AICP
Planning Manager
1111,
Approved by: I
Laurel R. Prevetti
Director of Community Development
cc: LG Business Park LLC, 203 Redwood Shores Pkwy, Suite 200, Redwood City, CA 94065
Netflix Inc., Attn: Amy Dee, 100 Winchester Circle, Los Gatos, CA 95032
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121 and 131 Albright Way
EXHIBIT I
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Planning Commission —June 11, 2014
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
121 and 131 Albright Way
Architecture and Site Application S -14 -022
Requesting approval to construct an elevated pedestrian bridge between two commercial buildings
on property zoned CM:PD. APN 424-32-038,045, 054, and 060.
PROPERTY OWNER: LG Business Park LLC
APPLICANT: Amy Dee (Netflix Inc.)
FINDINGS:
California Environmental Quality Act (CEQA).:
■ The potential environmental impacts of the proposed bridge are within the scope of
environmental impacts analyzed in the Albright Office Park EIR and none of the events listed
in Public Resources Code section 21166 have occurred. Accordingly, no further CEQA
process is required for this Architecture and Site application.
Compliance with Commercial Design Guidelines:
■ The project was reviewed by staff and determined to be in substantial conformance with the
applicable Common Design Guidelines of the Commercial Design Guidelines.
Compliance with Planned Development Ordinance 2216:
■ The Architecture and Site application is in substantial conformance with Planned
Development Ordinance 2216.
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 proposed
pedestrian bridge will have the same high quality architectural style and materials as the
proposed buildings that have been approved.
N:MEV\ WGS\3014 \131- 131ALMGW.D C
EXHIBIT 2
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PLANNING COMMISSION —June 11, 2014
CONDITIONS OF APPROVAL
121 and 131 Albright Way
Architecture and Site Application S -14 -022
Requesting approval to construct an elevated pedestrian bridge between two commercial
buildings on property zoned CM:PD. APN 424 -32 -038, 045, 054, and 060.
PROPERTY OWNER: LG Business Park LLC
APPLICANT: Amy Dee (Netflix Inc.)
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 and dated
April 11, 2014. Any changes or modifications to the approved plans shall be approved by
the Community Development Director, the Development Review Committee, the Planning
Commission, or Town Council, depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. COMMUNITY BENEFIT: Community Benefit is required pursuant to the Settlement
Agreement, Exhibit 6 of the Planning Commission Staff Report for their meeting on June
11, 2014. The applicant is required to provide $1 per constructed square foot for the
pedestrian bridge.
4. 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.
Building Division
5. PERMITS REQUIRED: A separate building permit shall be required for the proposed
pedestrian bridge. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
6. 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.
7. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum
size 30" x 42 ".
8. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue -lined (sticky - backed) onto a sheet of the plans.
9. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704,
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
EXHIBIT 8
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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 online at www.losgatosca.gov/building.
10. FIRE ZONE: The project requires a Class A Roof assembly.
11. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County
Valley Nonpoint Source Pollution Control Program Sheet (2406) shall be part of the plan
submittal as the second page. The specification sheet is available at the Building Division
Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at
www.losgatosca.gov/buildin .
12. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Joel Paulson (408) 354 -6879
b. Engineering/Parks & Public Works Department: Maziar Bozorginia (408) 395 -3460
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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
13. PROPOSED CONNECTOR: Installation of this proposed connector will require that all
fire suppression and detection/alarm systems also extend into this area. Connection of the
two buildings will necessitate consideration of the entire connected structure as one
building for design purposes of the aforementioned systems.
NADEV \CONDn NS\2014 \121 -131 Albright.docx
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Netflix - Project Narrative - Elevated Walkway
Los Gatos, CA February 26, 2014
To: Los Gatos Planning Division
From: Amy Dee, Netflix Facilities Director, Applicant
Robert Giannini, Architect
Subject: Netflix Office Albright - Elevated Walkway
Architectural Review
Netflix requests approval of a pedestrian walkway to connect Buildings 1 & 2 at their
third floors.
Administrative and
engineering groups
within Netflix need
to work closely
together to be
most productive.
Because
departments are
large, and often
don't fit on one
floor, a horizontal
connection
between buildings
mitigates the
concern.
The proposed
walkway has been
designed to make
the passage as
seamless and
pleasant as possible. Space plans have been designed so that the walkway
connection becomes a natural part of the building's internal circulation pattern. To
add interest and delight to the walk the bridge is designed with windows that look into
the beautifully landscaped courtyard between buildings. To make them comfortable,
and so that they do not require unusual amounts of added cooling due to their small
size, windows are shaded with horizontal overhangs and vertical glass fins that
protect from direct solar gain.
The architecture of the walkway uses vocabulary from the buildings, tapping primarily
into the glassier building components. In this way they become a well- integrated and
positive addition to the overall composition. Finally, and as a nod to the elevated
walkway at their existing campus, the proposed structure makes use of the same
wood material as its predecessor for the underside soffit.
The walkway will provide the connectivity that Netflix needs to maintain easy
communication between large groups in a seamless and delightful way.
EXHIBIT 4
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March 20, 2014
Mr. Joel Paulson
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
ARCHITECTURE PLANNING
RE' Albright NetHix Corporate Campus / Pedestrian Elevated Walkway
URBAN DESIGN
RECEIVED
APR 7- 2014
TOWN OF LOS GATOS
PLANNING DIVISION
Dear Joel:
I reviewed the drawings submitted by the applicant for the elevated pedestrian walkway between Building 1 and Building 2
The design is well done, and complements the approved design for the two buildings being connected. The location and
perspective sketch for the elevated walkway are shown below and on the following page.
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700 LARKSPUR LANDING CIRCLE . SUITE 199 . LARKSPUR . CA . 94939
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evongnt rvetw uOrporate t,ampus
Pedestrian Elevated Walkway
Design Review Comments
Match 20, 2014 Page 2
Building 1 Building 2
The connecting walkway is light and airy, and it is well elevated to allow the campus open space to Row smoothly be-
tween the two office structures. The style and materials match those of the approved office buildings.
I have no recommendations for changes.
Joel, please let me know if you have any questions, or if there are specific issues of concern that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199 . LARKSPUR . CA . 94939
CLERK DEPARTMENT
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SETTLEMENT AGREEMENT RESO
This Settlement Agreement ( "Agreement ") is made and entered into as of March 3, 2014, (the
"Effective Date "), by and between Los Gatos Citizens for Responsible Development ("LGCRD"), (which
includes John Shepardson and Andrew H. Wu, and no other individual entities), John Shepardson, and
Andrew H. Wu (collectively, "Petitioners "); the Town of Los Gatos and the Los Gatos Town Council
Qoinlly, "Los Gatos "); and LG Business Park, LLC, a Delaware limited liability company ( "LG ").
Petitioners, Los Gatos, and LG, and each of them, are referred to cumulatively as the "Parties" or
singularly as a "Party." The Parties intend by this Agreement to conclude finally and forever the lawsuits
entitled Los Gatos Citizens for Responsible Development v. Town of Las Gatos and Town Council for the
Town of Los Gatos, Santa Clare County Superior Court Case No. 1 -1 I•CV- 209214, Sixth District Court
of Appeal Case No. H040127 ( "Los Gatos Citizens Jr') and Los Gatos Citizens for Responsible
Development, John Shepardson, Andrew H. Wy. and DOES 1 -5 e Town of Los Gatos and DOES 1 -6,
Santa Clara County Superior Court Case No. 1- 13- CV- 252306 ( "Los Gatos Citizens 11'; Los Gatos
Citizens 1 and Los Gatos Citizens flare referred to jointly as the "Litigation "), and to resolve, waive and
perpetually extinguish any and all claims between the Parties as provided for and covered in this
Agreement.
RECITALS
WHEREAS, LG owns and controls the property located at 90 -160 Albright Way and 14600
Winchester Boulevard, APNs424 -31 -053, - 054, - 063, 424 -32 -039,- 045, - 049, -054, - 059, -060, and -063
in the Town of Los Gatos, as more particularly shown and described on Exhibit (the "Property ");
WHEREAS, LG plans to construct a development project consisting of officetresearch and
development uses on the Property, as more particularly described in the Los Gatos Economic
Development and Jobs Retention Initiative (the "Project");
WHEREAS, Los Gatos has granted and approved certain land use approvals for the Project,
including, but not limited to, Town Ordinance 2216, an Architecture and Site Approval, and a Tentative
Map Application Approval, and Los Gatos has certified an environmental impact report for the Project
under the California Fnvironmental Quality AG (CF.QA), and certain permits, including, but not limited
to, demolition, grading and building permits (collectively, the "Project Approvals ");
WHEREAS, on or about September 14, 201 I, Los Gatos Citizens /was commenced against Los
Gatos and LG, challenging certain of Los Gatos' approvals for the Project under CEQA;
WHEREAS, on or about September 10, 2013, Petitioners filed a Notice of Appeal from an order
of the Santa Clara County Superior Court, issued on or about August 14, 2013, discharging the writ of
mandate previously issued in Los Gatos Citizens 1, and concurrently filed a Petition for Writ of
Supersedeas, which was denied by the Court of Appeal on January 31, 2014;
WHEREAS, on or about August 30, 2013, Los Gatos Citizens 11 was commenced against Los
Gatos and LG challenging certain Los Gatos' approvals of the Project under land use laws, and on or
about January 23, 2014, the Santa Clara County Superior Court entered an appealable judgment in favor
of Los Gatos and LG in Los Gatos Citizens 11;
WHEREAS. an Initiative to Amend the Los Gatos General Plan and Zoning Code and Adopt a
Specific Plan for Development of 90 -160 Albright Way and 14600 Winchester Boulevard was filed with
the Town, has qualified and been certified for the ballot by elections officials, and will appear on the June
3, 2014 ballot in the Town of Los Gatos, and includes, among other things, the adoption of the Albright
1 IC
PC Staff Report
Specific Plan, which would permit the Project's development (the `Initiative "); and
WHEREAS, the purpose of this Agreement is to resolve finally and forever the existing
Litigation, to settle certain disputes involving the Project, and Initiative, and to allow development of the
Project to proceed.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, promises
and undertakings set forth herein and other consideration, the receipt and adequacy of which the Parties
hereby acknowledge, the Parties agree as follows.
The Parties' Obligations.
a. Mutual Releases of Claims. LG hereby releases Petitioners and any of
Petitioners' officers, board members, members, owners, principals, officials, directors, employees,
agents, attorneys and/or representatives, and each of them, (collectively, "Petitioners Released Parties ")
and Los Gatos and Los Gatos' elected officials, officers, board members, commissioners, members,
employees, agents, attorneys and/or representatives, and each of them, (collectively, "Los Gatos Released
Parties ") from any and all claims, lawsuits, demands, challenges, liabilities, damages, fees, costs, or
causes of action, known or unknown, that LG has or have against the Petitioners Released Parties or Los
Gatos Released Parties, or any of them, arising in any way from or related in any way to the existing
Litigation, the Project, the Project Approvals and/or the Property. Petitioners Released Parties hereby
release LG (including its subsidiaries, affiliates, successors in interest, and/or assigns) and any of LG's
officers, board members, members, owners, shareholders, partners, principals, officials, lenders, directors,
employees, agents, attorneys and/or representatives, and each of them, (collectively, "LG Released
Parties ") and the Los Gatos Released Parties from any and all claims, lawsuits, demands, challenges,
liabilities, damages, fees, costs, or causes of action, known or unknown, that the Petitioners Released
Parties or any of them has or have against the LG Released Patties and the Los Gatos Released Parties, or
any of them, arising in any way from or related in any way to the existing Litigation, the Project, the
Project Approvals and/or the Property. The Los Gatos Released Parties hereby releases Petitioners
Released Parties and LG Released Parties from any and all claims, lawsuits, demands, challenges,
liabilities, damages, fees, costs, or causes of action, known or unknown, that the Los Gatos Released
Parties has or have against the Petitioners Released Parties or LG Released Parties, or any of them, arising
in any way from or related in any way to the existing Litigation, the Project, the Project Approvals and/or
the Property.
The Parties represent, warrant, and agree that they have been frilly advised by their attorneys of the
contents of California Civil Code section 1542 ( "Section 1542"). Each of Petitioners, Los Gatos, and LG
expressly waives and relinquishes all rights and benefits under that section and any similar statute or
common law principle of similar effect of any state or territory of the United States with respect to the
claims released hereby. Section 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNONRN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR.
Each of Petitioners, Los Gatos, and LG fully understands that the facts upon which this Agreement is
executed may, hereafter be other than or different from the facts now believed by the Panics or their
counsel to be true and expressly accept and assume the risk of such possible difference in facts and agree
that this Agreement shall remain effective notwithstanding any such difference in facts. Each of
Petitioners, Los Gatos, and LG acknowledges and agree that this waiver is an essential and material terns
of this release and the senlement that underlies it and that without such waiver the Agreement would not
have been accepted.
2. LG's Obligations and Rights.
a. Community Benefit Payment. Provided that there is no default by Los
Gatos or Petitioners of their respective obligations pursuant to this Agreement, LG shall pay Three
Hundred and Filly Thousand Dollars ($350,000) (the "Community Benefit Payment ") to Los Gatos
within thirty (30) days after issuance by Los Gatos of The certificate of occupancy for the first office
building of the Project. The Community Benefit Payment shall be used by Los Gatos for purposes
determined by Los Gatos, in its sole discretion, provided that: (i) such uses shall be related to the
Project's implementation, with high priority to traffic congestion; (ii) such uses shall be for the benefit of
the Los Gatos community; and (iii) such funds shall be expended in proximity to the Project. The
Community Benefit Payment shall be a full accord and satisfaction of any and all amounts owing to Los
Gatos as compensation for the abandonment/vacation of public rights of way and public service /utility
easements involving the Project, including without limitation the vacation of Albright Way and Albright
Court and all public service easements and public utility easements presently located therein or
temporarily relocated on the Property to facilitate construction of the Project. Los Gatos hereby waives
any further right to compensation for the abandonment/vacation of the public rights of way and public
utility /service easements as set forth in Town Ordinance 2216 and the Initiative. Nothing herein shall be
deemed to be an admission by LG of any amounts owing for the abandonment/vacation of Albright Way,
Albright Court, or any other public rights of ways or public utility /service easements as set forth in Town
Ordinance 2216 and the Initiative.
Project Scope.
(1) LG agrees that the Project shall not exceed 485,000 square feet
of usable office and /or research and development space, exclusive of not more than 4.000 square feet of
elevated walkways (i.e. pedestrian bridges) that may be constructed as part of the Project. LG further
agrees that the maximum height of the Project's buildings shall be as follows: Building I shall be no
higher than 50 feel; Building 2 shall be no higher than 65 feet; Building 3 shall be no higher than 65 feet;
and Building 4 shall be no higher than 50 feet, as more particularly shown on Exhibit B.
(2) The Parties agree that the report ordered by Los Gatos on the
Initiative pursuant to Elections Code Section 9212 (the "9212 Report," attached as i&NWL0 confirms
that the Conditions of Approval of the PD Zoning set forth in Town Ordinance 2216 have been
incorporated into the Initiative. Therefore, if the Initiative prevails, the Project will be insubstantial
conformance with the Conditions of Approval of the PD Zoning set forth in Town Ordinance 2216
through the Initiative's implementation. The Parties further agree that the Initiative does not rescind the
existing Architecture and Site review Conditions of Approval (which have been incorporated into the
Initiative). Therefore, if the Initiative prevails, the Project will be in substantial conformance with the
Architecture and Site review Conditions of Approval through the Initiative implementation.
(3) LG agrees that no building signage shall be visible from State
Rowe 85 and/or State Route 17, as provided for in the Initiative (and Town Ordinance 2216).
C. Attorneys' Fees and Costs Payment. Provided that there is no default by
Los Gatos or Petitioners of their respective obligations pursuant to this Agreement, LG shall pay up to,
but no more than, One Hundred and Twenty Five Thousand Dollars ($125,000) to the Law Office of Rose
M. Zoia Attomeyfilient Trust Account ( "Zoia "), counsel to Petitioners, for attorneys' fees and costs
incurred by Petitioners in connection with this Agreement and the Litigation, including fees to consulting
attorney Douglas Carstens. Within three (3) calendar days following the Effective Date, Petitioners or
Zola shall submit an invoice to LG for such attorney's fees and costs with reasonable supporting
documentation. Within two (2) calendar days after Petitioners' providing written confirmation of the
dismissal with prejudice of Los Gatos Citizens I, as provided in Section 3.a, and provided that Petitioners
are not in breach of this Agreement, LG shall pay to Zola and Carstens the invoiced amounts up to, but no
more than, $125,000. That payment shall pay in full accord and satisfaction of all amounts owing to Zoia
and Doug Carstens, and any other attorneys or consultants retained or consulted by Petitioners, by LG in
connection with this Agreement and the Litigation.
d. Pedestrian Bridges. LG may submit an application for three (3) proposed
elevated walkways (pedestrian bridges) through the Los Gatos Architecture and Site review process. LG
shall pay the applicable community development fee required by the Los Gatos Municipal Code for all
square footage associated with the pedestrian bridges. The aggregate enclosed square footage of the three
proposed elevated pedestrian bridges that are developed as part of the Project shall not exceed 4,000
square feet in the aggregate.
C. Election Costs. Provided that there is no default by Los Gatos of their
respective obligations pursuant to this Agreement, LG shall pay up to Eighty Thousand Dollars ($80,000)
to Los Gatos for costs incurred by Los Gatos in conducting the June 3, 2014, election on the Initiative.
Los Gatos shall submit an invoice to LG following such June 3, 2014 election detailing the actual costs
incurred by Los Gatos in conducting the election. LG shall pay such invoice within thirty (30) days of
receipt, provided, however, that LG shall have a reasonable right to review and audit such election
expenses. Nothing herein shall be construed to limit the right of LG to support the Initiative.
Petitioners' Oblatp ' tions.
a. Dismissal of Los Gatos Cozens 1 Aooeal. Within one (1) business day
after the Effective Date, Petitioners and LG shall file a notice of settlement in Los Gatos Citizens land
within three (3) business days Petitioners and LG shall file a stipulated dismissal of Los Gatos Citizens 1.
Within five (5) business days after the Effective Date, Petitioners shall obtain and provide to LG and Los
Gatos written court confirmation of the dismissal with prejudice of Los Gatos Citizens I such that the
judgment in favor of Los Gatos and LG in Los Gatos Citizens I is no longer subject to legal challenge.
b. Waiver of ApMl and Termination of Litigation. Petitioners hereby
irrevocably waive any and all rights to appeal from the judgments and orders in Los Gatos Citizens I and
Los Gatos Citizens IL Petitioners agree not to appeal the Superior Court determination in Los Gatos
Citizens 11. Petitioners agree to execute any and all documents necessary or required to communicate to
any court or to any other person or entity that the Litigation is terminated in full.
C. Non - Opposition and Covenant Not to Sue. Petitioners agree not to file
any legal challenges to the Project Approvals, the proposed Specific Plan, or any legal challenges to the
Initiative. Petitioners reserve all rights to challenge the implementation of the Project to the extent that
the Project is not as permitted by the Project Approvals, the proposed Specific Plan or the Initiative, as
applicable. Petitioners agree not to oppose or challenge, by litigation, administrative process, or other
opposition, the implementation of the Project as permitted by the Project Approvals, proposed Specific
Plan or Initiative, as applicable, including the issuance of the building permits, demolition permits,
grading permits, site work permits, street vacations, parcels maps and any other approvals for the Project.
LGCRD, as an unincorporated association, shall not oppose the initiative. However, its individual
members and supporters, reserve the right to exercise their Free Speech rights to express campaign
opposition to the Initiative, should they choose to do so. Nothing herein shall be construed to limit
Petitioners' ability to oppose: (1) an amendment to the Initiative, as set forth in Section 8.2.4 of Exhibit
D to the Initiative; or (2) any proposed changes to the Project made through the Architecture and Site
review, as set forth in Section 8.2.3 of Exhibit D to the Initiative. Petitioners shall not directly or
indirectly propose any amendments to the Initiative. Nothing herein shall be construed to limit the ability
of LGCRD, John Shepardson, and Andrew H. Wu to challenge any actions taken by LG during
construction if such construction is not as permitted by the Project Approvals, proposed Specific Plan or
Initiative, as applicable, including but not limited to demolition or grading that is not as permitted by the
Project Approvals, proposed Specific Plan or Initiative, as applicable, including all permits issued based
On the Project Approvals, proposed Specific Plan or Initiative, as applicable.
4. Los Cato$'Obligatiorts.
a. Project Administration. Los Gatos shall process all requests for permits
and other approvals by LG necessary for implementation ofthe Project in an expeditious manner and in
good faith.
b. Non - Opposition. Los Gatos shall not take any actions to oppose or
challenge, directly or indirectly, whether by litigation, administrative process or opposition, or otherwise,
the Initiative. Los Gatos agrees that it shall not place a counter - initiative measure on the ballot with
respect to the Project or the Initiative. Nothing herein shall be construed to limit the individual members
of the Town Council to support or oppose the Initiative.
5. Project Administration. The Parties agree that the Los Gatos Community Development
Director shall exercise authority with respect to the substantial conformity determinations for the Project
and the Albright Specific Plan in the some manner that the Los Gatos Community Development Director
does so in carrying out the duties of the Los Gatos Community Development Director with respect to all
other development projects in the Town of Los Gatos. Los Gatos has submitted public comments
received to -date to the consulting architect who Los Gatos has retained for the Project.
6. Attorneys' Fees and Cotes Enforcement of this Agr cement. Except as expressly
provided elsewhere in this Agreement, the Petitioners and LG shall bear their own attorneys' fees and
costs in connection with the Project, the Litigation, and this Agreement. Except as provided by Section
2.c, Petitioners and LG waive any and all claims for attorneys' fees or costs they have or may have
against each other related in any way to the Litigation, the Property, and this Agreement. If any Party
perceives a breach of the Agreement, such Party shall give written notice of such breach and provide ten
(10) calendar days to cure the breach.
7. Entire Agreement. This Agreement: (a) constitutes the entire agreement between the
Parties concerning the subject matter hereof; (b) supersedes any previous oral or written agreements
concerning the subject matter hereof; and (c) shall not be modified except by a writing executed by the
Party(ies) to be bound thereby.
8. Benefited /Burdened P r ies. This Agreement shall be binding upon and inure to the
benefit of each of the Parties and their respective representatives, heirs, devisees, successors and assigns.
9. Qnstruction. Choice of Law and Venue. The terms of this Agreement are the product of
arms - length negotiations between the Panics, through their respective counsel of choice, and no provision
shall be construed against the drafter thereof. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any disputes concerning this
Agreement shall be in Santa Clara County.
10. Counterparts and Electronic Exectaion. This Agreement may be executed in counterparts
which, taken together, shall constitute one and the same agreement. This Agreement may also be
executed and/or delivered by facsimile and/or e-mail transmission and in such event all facsimile and/or
email signatures shall be deemed originals for all purposes hereof.
11. Authority. Each signatory to this Agreement represents and warrants that he or she is
authorized to sign this Agreement on behalf of the Party for which he or she is signing, and thereby to
bind that Party fully to the terms of this Agreement.
12. Severabilirv. If any term or provision in this Agreement is determined to be illegal or
unenforceable, all other terms and provisions in this Agreement shall remain effective and shall be
enforced to the full extent permitted by law.
13. No Prior Assignments. The Parties represent and warrant that they have not heretofore
assigned or transferred or purported to assign or transfer, to any other person, entity, firth or corporation
whatsoever, any claim, debt, liability, demand, obligation, expense, action or causes of action herein
released.
14. Further Assurances. The Parties shall promptly perform, execute and deliver or cause to
be performed, executed and/or delivered any and all acts, deeds and assurances, including the delivery of
any documents, as either Party may reasonably require in order to carry out the intent and purpose of this
Agreement.
15. Notices, All notices required under this Agreement must be in writing, and may be given
either personally or by registered or certified mail (return receipt requested) or facsimile. Any Party
hereto may at any time, by giving ten (10) days' written notice to the other Party hereto, designate any
other person or address in substitution of the address to which such notice shall be given. Such notices
shall be given to the Parties at their addresses set forth below:
To Petitioners:
Rose M. Zoia
Law Office of Rose M. Zoia
50 Old Courthouse Square
Suite 401
Santa Rosa, CA 95404
Andrew H. Wu, Esq.
925 W. Hedding St.
San Jose, CA 95126
John Shepardson, Esq.
59 N. Santa Cruz Ave., #Q
Los Gatos, CA 95030
To LG:
Andrew B. Sabey
Cox, Castle & Nicholson
555 California Street
100 Floor
San Francisco, CA 94104
To Los Gatos
Robert Schultz
Office of the Town Attorney
110 E. Main Street
Los Gatos, CA 95030
16. Nonwaiver. Unless otherwise expressly provided in this Agreement, no waiver by it
Party of any provision hereof shall be deemed to have been made unless expressed in writing and signed
by such Party. No delay or omission in the exercise of any right or remedy accruing to either Party upon
any breach under this Agreement shall impair such right or remedy or be construed as a waiver of any
such breach theretofore or thereafter occurring. The waiver by a part of any breach of any term, covenant
or condition herein stated shall not be deemed to be a waiver of any other term; covenantor condition.
(Signatures On The Following Page]
AGREED TO AND ACCEPTED AS OF THE EFFECTIVE DATE;
Los Gatos Citizens for Responsible Development
By:
Title:
John Shepardsoo
John Shepardson, Individually
Andrew H. Wu
Andrew H. Wu, individually
The Town of Los Gatos and Town Council
of Lo atoa
Si ed: __
Sieve Leonardis, Mayor
APPROVED AS TO FORM:
Rose M. Zoia, Esq.
By:
Rose M. Zoia
Attorney for Los Gatos Citizens for Responsible
Development, John Shepardson, and Andrew H. Wu
Robert Schultz. Esq.
By. r
Robert Schultz
Attorney for the Town of tos and
Town Council of Los Gatos
LG Business Park, LLC
Title: Q iUZ 1 (Aa' p..c..✓t�� —�—
Andrew
By:
Attomey for LG Business
LLC
2.
AGREED TO AND ACCFPrE)D AS OF THE EFF&CTM DATE;
U4 GItos Cl�pl or P�Io�lblo Development IjCBuslnouFvrJ4LLC
By:
Tift
AmdmW 11, Wu
Andrew H. Wu, Individually
nt TOMI OF LOS Gat" PtI4 Tovn courell
of Los GAtos
Stave Ltoriardils, Mayor
APPROVED AS TO FORW
Rose ML ZOik Esq.
Rose K Zoib
Attornuy for Lo; Oalos CiLizem for Responsible
Andrt v 4bcY, E49.
5y;
Andruiv Saboy
Atlmeyfr,rWBus!na3 Park, LLC
AGREED TO AND ACCEPTED AS OF THE EFFECTIVE DATE:
Los Gatos Citizens for Responsible Development LG Business Park, LLC
By: By:
Title: Title:
John Shepardson
John Shepardson, Individually
Andrew H. Wu
Andrew Individually
The Town of Los Gatos and Town Council
of Los Gatos
Siened:
Steve Leonardis, Mayor
APPROVED AS TO FORM:
Rose M. Zoia, Esq.
By: I
Rose M. Zoia
Attorney for Los Gatos Citizens for Responsible
Development, John Shepardson, and Andrew H. Wu
Robert Schultz, Esq.
By:
Robert Schultz
Attorney for the Town of Los Gatos and
Town Council of Los Gatos
8
Andrew Sabey, Esq.
By
Andrew Sabey
Attorney for LG Business Park, LLC
George J. W hlaten
Dared Dial: •1.213.891.8196
george.mihfuerhW..eom
LATHAM &WATKI NSLLP
March 3, 2014
Rose M. Zoia
Law Office of Rose M. Zoia
50 Old Courthouse Square
Suite 401
Santa Rosa, CA 95404
Rob Schultz
Town Attorney
Los Gatos Town Hall
110 E. Main Street
Los Gatos, CA 95030
355 South Grant' Avenue
Los Angeles,
California x0071 -1560
Tec X1.213485.1234 f": +1-213.801.8763
w .Woom
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Re: Albright Settlement Agreement: Confirmation of Terms
Dear Counsel:
This confirms that if the Albright Way Initiative passes and becomes law, Petitioners can
then take action by further initiative to repeal, amend, or modify that law. Nothing in the
Settlement Agreement dated March 3, 2014, including but not limited to paragraph 3.c., limits
these tights, provided however, in no event can Petitioners oppose or challenge, by litigation,
administrative process, or other opposition, the Project as permitted by the Project Approvals, the
proposed Specific Plan, or the Initiative, as applicable.
This also confirms that the $350,000 Community Benefit Fund discussed in paragraph
2.a. of the Settlement Agreement is in addition to the $1 per square foot payment, up to $489,000
under the Project Approvals, the proposed Specific Plan, or the Initiative, required as a part of
the Project Approvals and incorporated into the Initiative, and the Settlement Agreement.
Very truly yours,
•
&0&&We0J'--Tvlih17en
of LATHAM & WATKINS LLP
Rose M. Zoia Robert Schultz
Counsel for the Petitioners Los Gatos Town Ataey
This Page
Intentionally
Left Blank
ORDINANCE 2216
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCES 1247,1366, AND 1955 AND
AMENDING THE ZONING ORDINANCE EFFECTING
A ZONE CHANGE FROM CM:PD TO CM:PD AT
90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
(APNS: 424 -31 -053, 054, 063, 424- 32 -038, 045, 049, 054, 059, 060, 063 )
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code o£ the- Town of Los Gatos is hereby amended to rescind Ordinances 1247,
1366, and I955 and to change the Zoning at 90 —160 (Ninety to One Hundred and Sixty) Albright
Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as Exhibit A
and is part of this Ordinance (the "Property") from CM:PD (Controlled Manufacturing, Planned
Development) to CM:PD (Controlled Manufacturing, Planned Development). APN's 424 -31 -053,
054, 063, 424 -32- 038, 045, 049, 054, 059, 060, 063.
SECTION 11
The PD (Planned Development Overlay) zone established by this Ordinance (the "PD
Overlay's authorizes the following construction and use of improvements:
1. The development of the Property includes up to a maximum of 485,000 square feet of
office/R &D space (including office serving amenities), one parking garage, surface parking
areas, new access driveways, and new landscaping and open space.
PC Staff Report
2. Uses permitted and conditionally permitted are:
Permitted Uses:
• Office, including corporate; administrative, business, and professional offices, but
excluding medical and dental offices;
• Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of materials and
products); and
• Office serving uses designed to serve those employed at the site or visiting the site for
other business purposes, such as: recreational facilities; conference and training facilities;
restaurants, cafeterias, and other eating establishments; health and wellness facilities; and
ancillary uses such as on -site. banldng, ATMs, private post offices, personal services
(such as dry cleaning pick up), and similar support uses. These office serving and
ancillary uses shall not be available to the general public.
Conditional Uses:
• No conditionally permitted uses are allowed
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan (as
defined in Section V), and/or this ordinance specifically indicate otherwise.
2
SECTION IV
Regardless of the type of permit, Architecture and Site Approval is required before any
construction work for the project is performed and before any permit for construction is issued.
Construction permits shall only be issued in a manner complying with Section 29.80.130
(Architecture and Site Approval) of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los Gatos
on June 13, 2013 (21 sheets) constitute the Official Development Plan The following must be
complied with before issuance of any grading, demolition or construction permits, unless otherwise
stated below.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR-
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the performance
standards listed below and the Official Development Plan Any further changes or
modifications made to the Official Development Plan shall be approved by the Community
Development Director, Development Review Committee, Planning Commission or the Town
Council, depending on the scope of the change(s).
2. 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
3
approval.
3. ARCHITECTURE AND SITE (A&S) APPROVAL REQUIRED: A separate A&S
application shall be required for future changes to the project. Any future A&S application
shall be referred to Planning Commission for a recommendation to Town Council. Town
Council shall make the final detemtination on any future A&S applications.
4. COMMERCIAL DESIGN GUIDELINES: Future A &S applications shall be reviewed for
compliance with the Common Design Guidelines of the Commercial Design Guidelines.
5. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS: Future A &S
applications shall be reviewed for compliance-with applicable sections of the Guidelines and
Standards for Land Use Near Streams.
6. SUBDIVISION REQUIRED: A subdivision map application shall be approved prior to the
issuance of building permits. The Development Review Committee may be the deciding
body for the tentative map.
7. BUILDING COMPOSITION: The project shall not exceed 485,000 square feet of
office/R &D space, inclusive of any indoor conference facilities, cafeteria, fitness center or
other amenities.
8. BUILDING HEIGHT: The maximum all inclusive height of the buildings shall be as
follows:
• Building 1— 50' (fifty.feet)
• Building 2 — 65' (sixty five feet)
• Building 3 — 65' (sixty five feet)
• Building 4 — 50' (fifty feet)
• Parking Garage 35' (thirty five feet), ' exclusive of tower elements, elevator overrun
structures, and other similar architectural elements and inclusive of solar panels with
4
91
10.
11.
12,
13.
14.
15.
underground parldng possible after subsequent review.
SETBACKS: Minimum setbacks are as set forth on Sheet A -04 of the Official Development
Plan (Exhibit B).
LOT COVERAGE: Maximum lot coverage for both buildings and parking structures is
limited to 50% of the lot area.
OFFICIAL DEVELOPMENT PLANS: The Official Development Plan provides the
permitted development parameters applicable to the property, Final building designs in
compliance with the Official Development Plan shall be determined during the A &S
Approval process.
WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water Efficiency
Ordinance, whichever is more restrictive. A fee as established by Town Council resolution
shall be paid when the landscape, irrigation plans and water calculations are submitted for
review prior to the issuance of building permit.
COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and final subdivision map
detailing how the performance standards will be addressed.
LANDSCAPE PLAN: The final landscape plan shall be reviewed by a restoration ecologist
for compliance with the Guidelines and Standards fbr Land Use Near Streams prior to the
issuance of a building permit. All Tire Protection measures recommended by the Consulting
Arborist in reports dated February 18, 2011, December 18, 2012, and January 16, 2013, shall
be followed.
TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of any permits.
5
16. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone (chain
link) attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no
fiuther than 10 feet apart. Include a tree protection fencing plan with the construction plans.
17. RECYCLING: Prior to the issuance of a demolition permit, the developer shall provide the
Community Development Director with written notice of the company that will be recycling
the building materials. All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to, a company that will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of material,
shall be submitted to the Town prior to the Town's demolition inspection.
18. PARKING: The minimum parking ratio for the project is 3.3 spaces/1006 square feet. Wheel
stops may be used in the parking garages where deemed appropriate and necessary for safety.
Wheel stops shall not be used in any surface parking areas. Parking spaces shall be double
striped per Town standards.
19. NETWORK ACCESS: Network access shall be provided in the outdoor common areas, to
allow people to work outside.
20. PROJECT PHASING: The project may be constructed in phases. If the applicant/developer
elects to build the project in phases, then any undeveloped site(s) for future phase(s) shall
include provisions for landscaping and other attractive low maintenance improvements, and
security and maintenance of any undeveloped land to be developed under future phases.
21. DEVELOPMENT IMPACT FEES: The developer is required by law to pay development
impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos - Saratoga
Union High School District (LGSUHSD) at the time of the building permit issuance.
0
22. LANDSCAPE SCREENING: All buildings and parldng structures shall be significantly
buffered from Winchester Boulevard and adjacent properties by the existing and proposed
tree screen as shown on the Planting Plan. All healthy redwoods and other significant trees
along the Winchester Boulevard frontage screen shall be retained except for those that would
be removed with the construction of the new signalized project entry or other required
roadway improvements as shown on the Tree Disposition Plan. The proposed parldng
structure would also be screened by the existing vegetation and additional landscaping as
shown on the Planting Plan.
23. PERIMETER TREES: The proposed trees to be planted along the perimeter of the property
shall be planted during the first phase of construction. .
24. TREE MAINTENANCE AGREEMENT: The applicant shall enter into a Tree Maintenance
Agreement with the Town for five years for the twelve proposed trees to be transplanted.
Should any of the transplanted trees die, the applicant will be required to replace them with
trees that are 48 -inch box size at a minimum.
25. MITIGATION MEASURE 4.3 -2, PROTECTION OF NESTING SPECIAL-STATUS AND
MIGRATORY BIRDS: In order to avoid impacts to special- status and migratory bird species
during project implementation, the measures outlined below shall be implemented. With the
incorporation of the following measures, significant impacts on these species would be
avoided:
a. The removal of trees and shrubs shall be minimized to the extent feasible.
b. If tree removal, pruning, grubbing and demolition activities are necessary, such activities
shall be conducted outside of the breeding season (i.e., between September 1 and January
31), to avoid impacts to nesting birds.
7-
c. If tree removal, pruning, grubbing and demolition activities are scheduled to commence
during the bird breeding season (i.e., between February 1 and August 31), a
preconslruction survey shall be conducted by a qualified biologist no more than two
weeks prior to the initiation of work. The preconsttuction survey shall include the project
footprint and up to a 300 -foot buffer, access and sight -lines permitting. If no active nests
of migratory birds are found, work may proceed without restriction and no further
measures are necessary. If work is delayed more than two weeks, the preconstruction
survey shall be repeated, if determined necessary by the project biologist.
d. If active—nests (i.e. nests. with eggs or young birds -present, or hosting an actively breeding
adult pair) of special- status or migratory birds are detected, the project biologist shall
designate non - disturbance buffers at a distance sufficient to minimize disturbance based
on the nest location, topography, cover, species, and the type /duration of potential
disturbance. No work shall occur within the non - disturbance buffers until the young have
fledged, as determined by a qualified biologist. The appropriate buffer size shall be
determined in cooperation with the CDFW and/or the USFWS. It despite the
establishment of a non- disturbance buffer it is determined that project activities are
resulting in nest disturbance, work shall cease immediately and the CDFW and the
USFWS shall be contacted for further guidance.
e. If project activities must occur within the non - disturbance buffer, a qualified biologist
shall monitor the nest(s) to document that no take of the nest (i.e., nest failure) will result.
If it is determined that project activities are resulting in nest disturbance, work shall cease
immediately and the CDFW and the USFWS shall be contacted for further guidance.
26. MITIGATION MEASURE 4.3 -3, PROTECTION OF ROOSTING BATS: In order to avoid
impacts to special- status bat species during project implementation, the measures outlined
9
below shall be implemented. With the incorporation of the following measures, significant
impacts on these species would be avoided.
a. Prior to the removal or significant pruning of trees and the demolition of 90 Albright Way,
a qualified bat biologist shall assess them for the potential to support roosting bats.
Suitable bat roosting sites include trees with snags, rotten stumps, and decadent trees with
broken limbs, exfoliating bark, cavities, and structures with cracks, joint seams and other
openings to interior spaces. If there is no evidence of occupation by bats, work may
proceed without further action.
b. If suitable roosting habitat is present, the bat biologist .shall recommend appropriate
measures to prevent take of .bats. Such measures may include exclusion and humane
eviction (see "o" below) of bats roosting within structures during seasonal periods of peak
activity (e.g., February 15 - April 15, and August 15 — October 30), partial dismantling of
structures to induce abandonment, or other appropriate measures.
c. If bat roosts are identified on the site, the following measures shall be implemented:
■ If non- breeding/migratory bats are identified on the site within a tree or building that is
proposed for removal, then bats shall be passively excluded fiom the tree or building.
This is generally accomplished by opening up the roost area to allow airflow through
the cavity /crevice, or installing one -way doors. The bat biologist shall confum that the
bats have been excluded from the tree or building before it can be removed.
■ If a maternity roost of a special- status bat species is detected, an appropriate non -
disturbance buffer zone shall be established around the roost tree or building site, in
consultation with the CDFW. Maternity roost sites may be demolished only when it
has been determined by a qualified bat biologist that the nursery site is not occupied.
0
Demolition of maternity roost sites may not be performed during seasonal periods of
peak activity (e.g., February 15 - April 15, and August 15 - October 30).
• No additional mitigation for the loss of roosting bat habitat is required.
27. MITIGATION MEASURE 4.3-6, CREEK PROTECTION: The following measures from the
Town's adopted "Guidelines and Standards for Land Use Near Streams" would ensure that
site construction and operation would not result in indirect adverse effects on the riparian and
aquatic habitats or Los Gatos Creek:
Measures to be !MllcmentW During Project Constructon
a. Project construction activities shall be restricted to daylight hours; nighttime work shall
not be permitted.
b.. Use of elevated flood lights shall not be permitted; any exterior lighting shall be directed
inward and shall not cause the illumination of the adjacent riparian habitat.
c. Dust control must be practiced during demolition and grading.
d. The Town of Los Gatos routinely requires implementation of protective measures for all
projects adjacent to stream courses. For all work adjacent to stream channels, best
management practices (BMPs) shall be implemented to prevent bank erosion,
sedimentation, release of contaminants, and accidental incursion by construction
equipment. below the tops of bank. Such measures may include installation of silt
fencing, hay bales, straw wattles or other protective devices to prevent the downslope
migration of silt or sediment from the construction site.
Measures to be Implemented During Project Operati on
e. Post - construction BMPs incorporated into the project's drainage plan shall comply with
Provision C.3.c of the Municipal Regional Stormwater Permit (see Impact 4.5 -5 in
Section 4.3, Hydrology and Water Quality, for more discussion) to ensure that no
10
significant adverse effects on water quality of Los Gatos Creek or the adjacent riparian
habitat would result.
f Exterior lighting. shall be directed inward and shall not cause the illumination of the
adjacent riparian habitat.
g. Restrictions shall be in place to prevent the placement of pet food containers by
employees outdoors in areas accessible to wildlife.
h. Free - roaming domestic pets (e.g., cats, off -leash dogs) of employees shall not be
permitted.
i. All exterior trash receptacles shall be designed and maintained to exclude wildlife.
j. All storm water treatment facilities must he in accordance with local and regional water
quality standards to ensure there is no release of contaminants into the aquatic
environment.
28. hMGATION MEASURE 4.43a, FILL REMOVAL: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall require the
removal of existing fill materials within proposed building excavations to a lateral distance of
at least 5 feet beyond the building footprint or to a lateral distance equal to the fill depth
below the perimeter footing, whichever is greater. Reuse of the fill materials shall only be
allowed if they meet the requirements for engineered fill specified in the geotechnical report
for the project. Materials such as debris, wood, and trash that do not meet the requirements
shall be screened out of the fill materials and removed from the site. Fill materials shall be
placed in lifts and 'compacted in accordance with the compaction requirements specified in
the geotechnical report.
While it is preferable to replace all existing fills with engineered fills, those fill materials
extending into planned pavement and flat work areas (e.g. pedestrian concrete and pavers)
I
may be left in place at the project sponsor's option. However, the project sponsor must
determine that the fills are of low risk for future differential settlement and ensure that the
upper 12- to 18- inches of fill below the subgrade is re- worked and compacted in accordance
with the compaction requirements specified in the geotechnical report.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
29. MITIGATION MEASURE 4.4 -3B, ABANDONMENT OF EXISTING UTILITIES: In
accordance with the recommendations of the project geotechnical report, the project sponsor
shall ensure that- existing utilities are completely removed-from all building areas. A utility
may only be abandoned in place if it would not pose an- unacceptable risk, and if approved by
the geotechnical engineer. If abandoned in place, the utility must be completely baokfilled
with grout or sand - cement slurry and the ends outside of the building area must be capped
with concrete. Trench fills must also be removed and replaced with engineered fill with the
trench side slopes flattened to at least 1:1.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
30. MITIGATION MEASURE 4.4 -3C, EXCAVATION SAFETY: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall ensure that the
below grade excavations within the upper five feet below the building subgrade are sloped at
3:1 (vertical:horizontal) and that those deeper than five feet below the building subgrade as
well as those excavations in pavement and flatwork areas are sloped at a maximum
inclination of 1.5:1. Alternatively, temporary shoring may be used to support the excavations.
The design of the shoring shall be left to the construction contractor's judgment, but shall
comply with the standards set forth in the geotechnical report for the project A California-
12
licensed civil or structural engineer must design and be in charge of the temporary shoring
design.
The shoring shall support adjacent improvements such as utilities, pavements, and buildings.
A pre - condition survey shall be conducted including photographs and installation of
monitoring points for existing site improvements. All sensitive improvements shall be located
and monitored for horizontal and vertical deflections and distress cracking based on the pre-
construction survey. For multi-level excavations, the installation of inclinometers at critical
areas may be required for more detailed deflection monitoring. The monitoring frequency
shall be established and agreed to by the-project .teamm prior to start of shoring construction.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
31. MITIGATION MEASURE 4.4 -31), IMPLEMENT RECOMMENDATIONS OF
GEOTECHNICAL REPORT: The project sponsor shall implement all of the
recommendations of the project geotechnical report, and any associated updates or revisions,
related to review of plans and specifications for proposed buildings; demolition observation
and testing•, construction observation and testing; site demolition, clearing, and preparation;
subgrade preparation; subgrade stabilization; material for fill; compaction requirements;
trench backfill; site drainage; foundations; concrete slabs and pedestrian pavements;
vehicular pavements; and retaining walls.
32.. MITIGATION MEASURE 4.7 -1, ADMINISTRATIVE CONTROLS: Prior to Grading
Permit issuance, the project applicant shall demonstrate to the satisfaction of the Town of Los
Gatos Public Works Department that the project complies with the following:
a. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction
activities (including operation of haul and delivery trucks) shall occur between the hours
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of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and
holidays. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor
shall demonstrate, to the satisfaction of the Town of Los Gatos Public Works
Department, that construction noise shall not exceed 85 dBA outside of the property line.
This shall be accomplished through the use of properly maintained mufflers and other
state- required noise attenuation devices.
b. Property occupants located adjacent to the project boundary shall be sent a notice, at least
15 days prior to commencement of construction of each phase, regarding the construction
schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be
posted at the project construction site. All notices and signs shall be reviewed and
approved by the Town of Los Gatos Public Works Department prior to mailing or posting
and shall indicate the dates and duration of construction activities, as well as provide a
contact name for the contractor's Noose Disturbance Coordinator and a telephone number
where residents can contact that person about the construction process and register
complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public Works
Department, a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator
shall be responsible for responding to any local complaints about construction noise.
When a complaint is received, the Disturbance Coordinator shall notify the Town within
24 -hours of the complaint and determine the cause of the noise complaint (e.g., starting
too early, bad muffler, etc.) and shall implement reasonable treasures to resolve the
complaint, as deemed acceptable by the Public Works Department.
d. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences,
convalescent homes, etc.) to the extent feasible and shall be restricted to. collector streets
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in the project vicinity (i.e. Winchester Boulevard and Lark Avenue).
e. During construction, stationary construction equipment shall be placed such that emitted
noise is directed away from sensitive noise receivers.
33. MITIGATION MEASURES 4.7 -2, VIBRATION CONTROLS: To prevent cosmetic damage
to existing adjacent structures, the project contractor shall avoid use of large, truck- mounted
vibratory compactors within 15 feet of adjacent structures, and shall not use any equipment
that generates vibration levels that exceed 0.5 in/see PPV, the cosmetic damage threshold for
trarmentvibration, when measured at the closest residential structures.
34. MITIGATION MEASURE 4.8 -1a, BAAQMD BASIC AND ADDITIONAL
CONSTRUCTION MITIGATION MEASURES: Prior to issuance of any Grading or
Demolition Permit, the Town Engineer and the Chief Building Official shall confirm that the
Grading Plan, Building Plans, and specifications stipulate that the following basic and
enhanced construction mitigation measures shall be implemented as required by BAAQMD
Guidelines while project phases are under construction
• Water all active construction areas to maintain 12% soil moisture.
• All grading shall be suspended when winds exceed 20 miles per hour.
• All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
• Pave, apply water three times daily, or apply (non - toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging areas at construction sites.
• Hydroseed or apply non -toxic soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more).
• Enclose, cover, water twice daily or apply non -toxic soil binders to exposed stockpiles
(dirt, sand, etc.).
15
• All visible mud or dirt track -out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. Install sandbags or other erosion
control measures to prevent silt runoff to public roadways.
• Wind breaks and perimeter sand bags shall be used to minimize erosion.
• The amount of simultaneously disturbed surface shall be minimized as much as possible.
• Site access points from public roadways shall be paved or treated to prevent track -out.
• Replace vegetation in disturbed areas as quickly as possible.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to two minutes. Clear signage shall be provided for
construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to contact at the Town
regarding dust complaints. This person shall respond and take corrective action within 48
hours. The BAAQMD's phone number shall also be visible to ensure compliance with
applicable regulations.
35. MITIGATION MEASURE 4.8 -113, BAAQMD ARCHTTECTURAL COATINGS: Prior to
issuance of any Building Permit, the Chief Building Official shall confirm that the Building
Plans and specifications include the following BAAQMD additional construction mitigation
measures (during the application of architectural coatings in Years 3 .and 4):
16
■ Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG]) coatings
beyond the BAAQMD requirements (i.e, Regulation 8, Rule 3: Architectural Coatings).
■ VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
36. MIIIGATION MEASURE 4.8 -1C, HAUL TRUCK VMT LIMITS: The following
limitations shall be adhered to during soil hauling activities (during mass and fine grading)
for construction Years I and 2 only in order to ensure NOX emissions would be reduced to
less- than - significant levels:
• Phase I (Year 1): Trucks hauling soil during Phase 1, shall not exceed a vehicle miles
traveled (VMT) per day during mass grading of 1,653 miles.
• Phase 2 (Year 2): Trucks hauling soil during Phase 2 shall not travel more than 1,943
VMT. VMT during fine grading shall not exceed 545 miles (NOX mitigation is not
necessary in Year 3).
■ Phase 3 (Years 4 and 5): No mitigation is necessary.
Per BAAQMD pol icy, these travel distance limits are daily averages for a 7 -day week.
VMT's shall be logged weekly and supplied to the Town Engineer and the Chief Building
Official on a monthly basis. These limitations shall be stipulated in construction bids, plans,
and specifications.
37. MITIGATION MEASURE 4.9 -1, GHG REDUCTION MEASURES: Prior to the issuance of
building permits, the applicant shall demonstrate the incorporation of a combination (one or
more) of sustainable project design features that would meet the EIR significance threshold
of 4.6 MT CO2etsp /year. The applicant's current proposal is to implement the GHG
mitigation measures identified in Table 4.9 -2 of this EIR, which would achieve the
17
reductions necessary to achieve the 4.6 MT CO2e/sp /year threshold. Those measures shall be
carried out, except that, at the applicant's election and subject to approval by the Community
Development Director, the applicant may substitute alternative measures of equivalent
effectiveness to one or more of the measures identified in Table 4.9 -2. In the event that the
BAAQMD has assigned percent reductions for such alternative measures, such reductions
shall be considered by Town Staff in dete+Tmmng whether such measures truly are equivalent
in their effectiveness to those identified in Table 4.9 -2. The following menu of measures
provides examples of potential alternatives to the measures already accounted for in Table
4.9. -2:
• Include solar photovoltaic or other technology to generate electricity on -site to reduce
consumption from the electrical grid.
• Implement an employee telecommuting program.
• Implement an on -site carpool matching program for employees.
100% Increase in Diversity of Land Uses (provide on -site employee amenities).
■ Increase Energy Efficiency Beyond Title 24.
• Work with the Bay Area Air Quality Management District ( BAAQMD) to implement
acceptable off -site mitigation. This would involve an agreement with the BAAQMD and
payment of fees or the purchase of carbon credits. The BAAQMD would commit to
reducing the type and amount of emissions identified in the agreement.
38. MITIGATION MEASURE 4.10 -2, HAZARDOUS BUILDING MATERIALS SURVEYS
AND ABATEMENT: Prior to demolition of each building, the project applicant shall
incorporate into contract specifications the requirement that the contractor(s) have a
hazardous building materials survey completed by a Registered Environmental Assessor or a
registered engineer. This survey shall be completed prior to any demolition activities
lu
associated with the project. If any friable asbestos- containing materials or lead- containing
materials are identified, adequate abatement practices, such as containment and/or removal,
shall be implemented in accordance with applicable laws prior to demolition. Specifically,
asbestos abatement shall be conducted in accordance with Section 19827.5 of the California
Health and Safety Code, as implemented by the BAAQMD, and 8 CCR Section 1529 and
Sections 341.6 through 341.14, as implemented by Cal/OSHA. Lead -based paint abatement
shall be conducted in accordance with Cal/OSHA'S Lead in Construction Standard.
Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and
fluorescent-light- ballasts containing DEHP shall also be removed and legally disposed of in
accordance with applicable laws including 22 CCR Section 66261.24 for PCBs, 22 CCR
Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11 for DEHP.
39. MITIGATION MEASURE 4.10 -3A, UPDATE ENVIRONMENTAL DATABASE
REVIEW: The project applicant shall retain a qualified professional to update the
environmental database review performed as part of the Phase 1 Environmental Site
Assessment no more than three months prior to the start of any construction activities that
would involve disturbance of greater than 50 cubic yards of soil. The qualified professional
shall prepare a report summarizing the results of the environmental database review that
assesses the potential for any identified chemical release sites to affect soil quality at the
proposed project site and identifies appropriate soil analysis to evaluate the potential for soil
contamination at the proposed project site, if needed. In response, the project applicant shall
implement the recommended soil analyses, if any.
40. MITIGATION MEASURE 4.10 -3B, CONTINGENCY PLAN: The project applicant shall
require the construction contractor(s) to have a contingency plan for sampling and analysis of
potential hazardous materials and for coordination with the Santa Clara County Department
19
of Environmental Health.in accordance with the Voluntary Cleanup Program in the event that
previously unidentified hazardous materials are encountered during construction. If
previously unidentified soil contamination is identified, per the contingency plan, the
contractor(s) shall be required to modify their health and safety plan to include the new data,
conduct sampling to assess the chemicals present, and identify appropriate disposal methods.
Evidence of potential contamination includes soil discoloration, suspicious odors, the
presence of underground storage tanks, or the presence of buried building materials.
41. MITIGATION MEASURE 4.11 -2A, ARCHAEOLOGICAL MONITOR: A qualified
archaeologist shall be retained lo monitor the site clearing and grading-operations in those
areas where buildings will be removed and/or new construction will occur. The archaeologist
shall be present on -site to observe site clearing at a representative sample of building removal
areas until he/she is satisfied that there is no longer' a potential for finding buried resources.
In the event that any potentially significant archaeological resources (i.e., potential historical
resources or unique archaeological resources) are discovered, the project archaeologist shall
.stop work inside a zone designated by him/her where additional archaeological resources
could be found. A plan for the evaluation of the resource shall be submitted to the
Community Development Director for approval. Evaluation normally takes the form of
limited hand excavation and analysis of materials and information removed to determine if
the resource is eligible for inclusion on the California Register of Historic Resources
(CRHPQ
42. MITIGATION MEASURE 4.11 -2B, IDENTIFICATION OF ELIGIBLE RESOURCES: If
an eligible resource (i.e., an historical resource or a unique archaeological resource) is
identified, a plan for mitigation of impacts to the resource shall be submitted to the
Community Development Department for approval before any additional construction related
20
earthmoving can occur inside the zone designated as archaeologically sensitive. Whether the
proposed plan is feasible shall be determined by the Community Development Department
after consideration of the viability of avoidance in light of project design and logistics. In lieu
of avoidance, mitigation could include additional hand excavation to record and remove for
analysis significant archaeological materials, combined with additional archaeological
monitoring of soils inside the archaeologically sensitive zone.
43. MITIGATION MEASURE 4.11 -2C, DISCOVERY OF HUMAN REMAINS: Required
monitoring will also serve to identify and reduce damage to human burials and associated
grave goods. In the event that human remains are discovered, it shall be the responsibility of
the project archaeologist to contact the County Coroner's Office and the Native American
Heritage Commission (NAHC). The NAHC is responsible for naming a Most Likely
Descendant (MLD) who shall represent tribal interests in regards to human remains and
associated grave goods. The MLD shall make recommendations to the Community
Development Director regarding the method for exposure and removal of human burials and
associated grave goods, and shall advise the Community Development Director regarding the
place and method of reburial of these materials.
44. MITIGATION MEASURE 4.11 -3, HALT CONSTRUCTION AND EVALUATE
RESOURCE: Prior to the commencement of construction activities, the project applicant
shall provide for a qualified paleontologist to provide construction personnel with training on
procedures to be followed in the event that a fossil site or fossil occurrence is encountered
during construction. The training shall include instructions on identification techniques and
how to further avoid disturbing the fossils until a paleontological specialist can assess the
site. An informational package shall be provided for construction personnel not present at
the meeting.
21
In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or micro -
fossil) is found during construction, excavation within 50 feet of the find shall be temporarily
halted or diverted until the discovery is evaluated. Upon discovery, the Community
Development Director shall be notified immediately and a qualified paleontologist shall be
retained to document and assess the discovery in accordance with Society of Vertebrate
Paleontology's 2010 Standard Procedures for the Assessment and Mitigation of Adverse
Impacts to Paleontological Resources, and determine procedures to be followed before
construction is allowed to resume at the location of the find. If the Community Development
Director determines that avoidance is not feasible, the paleontologist will prepare an
excavation plan for mitigating the project's impact on this resource, including preparation,
identification, cataloging, and curation of any salvaged specimens.
45. COMMUNITY BENEFIT: Community Benefit is required as offered by the applicant in
Exhibit 9 of Attachment 4 and Attachment 9 of the Town Council Staff Report for their
meeting on May 20, 2013. These Community Benefit offerings are above and beyond
what can be required of the applicant by other current Town Policy and include:
• $1 per constructed square foot of newly constructed officeJR &D buildings at the time
of Certificate and Occupancy; and
s Dirt from the site as might be timely available for improvements to the Los Gatos
Creek Trail.
46. KEEP CLEAR: Applicant shall provide "Keep Clear" or other appropriate roadway markings
and signage at the intersection of Charter Oaks Drive and Lark Avenue as soon as possible
following a traffic safety study.
47. SIGNS: There will be no freeway visible signage.
22
Building Division
48. PERMITS REQUIRED: A separate building permit shall be required for the demolition(s) of
existing buildings and each new officekommercial building and the parking garage structure.
Separate permits are required far electrical, mechanical, and plumbing work as necessary.
49. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on
the second 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.
50. SIZE OF PLANS: Four sets of construction plans, size 30" x 42" maximum.
51. STREET NAMES, BUILDING & SUITE NUMBERS: Submit requests for new street names
and/or building addresses/suite numbers to the Building Division prior to submitting for the
building permit application process.
52. 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.
53. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications
and Bay Area Air Quality Management District Applications from the Building Department
Service Counter. Once the Demolition Form have been completed, all signatures obtained,
and written verification fiom PG &E that all utilities have been disconnected, return the
completed Forms to the Building Department Service Counter with the Air District's J#
Certificate(s), PG &E verification, and three (3) sets of Site Plans showing all existing
structures, existing utility service lines such as water, sewer, and PG&E. No demolition
work shall be done without first obtaining a Permit fiom the Town.
23
54. SHORING: Shoring plans and calculations will be required for all excavations which exceed
foie• (4) feet in depth or which remove lateral support from any existing building, adjacent
property or the public right -of -way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cal/OSHA regulations.
55. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall 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 that the building pad elevations and on -site retaining wall locations and elevations
have been prepared according to the 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 corner locations
d. Retaining Walls
56. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue -lined (sticky- backed) onto a sheet of the plans.
57. 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) requies backwater valves on
drainage piping serving fixtures that have flood level rims less than 12- inches above the
elevation of the next upstream manhole.
58. FIRE ZONE: This project will require Class A Roof Assemblies.
59. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
24
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
hnspection 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 online at www.losgatosea.gov/building
60. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet
24x36) shall be part of the plan submittal as the second or third page. The specification sheet
is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print
for a fee.
61. NPDES-C.3 DATA FORMS: Copies, of the NPDES C.3 Data Forms (updated based on the
final construction drawings) must be blue -lined in full onto the Plans. In the event that this
data differs significantly from any Planning approvals, the Town may requue recertification
of the project's storm water treatment facilities prior to release of the Building Permit.
62. GREEN BUILDING STANDARDS: This project must, at a minimum be in compliance
with the Nonresidential Mandatory Measures of the 2010 California Green Building
Standards Code and all subsequent Amendments.
63, SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be
Provided from public transportation stops, accessible parking and accessible passenger
loading zones and public streets or sidewalks to the accessible building entrance that they
serve. The accessible route shall, to the maximum extent feasible, coincide with the route for
the general public. At least one accessible route shall connect all accessible buildings,
facilities, elements and spaces that are on the same site. If access is provided for pedestrians
from a pedestrian tunnel or elevated walkway, entrances to the buildings fiom each tunnel or
25 .
walkway must be accessible.
64. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking
is provided for the public as clients, guests or employees, shall provide handicap accessible
parking. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking, accessible parking spaces
shall be dispersed and located closest to the accessible entrances.
65. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division:. Joel Paulson (408) 354 -6879
b. Engineering/Parks & Public Works Department: Maziar Bozorginia (408) 395 -3460
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Bay Area Air Quality Management District: (415) 771 -6000
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.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
66. 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
PM
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.
67. GRADING PERMIT: A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering Division of
the Parks & Public Works Department located at 4I Miles Avenue. The grading plans shall
include final grading, drainage, retaining wall location, driveway, utilities and interim erosion
control. Goading plans shall list earthwork quantities and a table of existing and proposed
impervious areas. Unless specifically allowed by the Parks and Public Works Director, the
grading permit will be issued concurrently with the building permit. The grading permit is for
work outside the building footprint(s). A separate building permit, issued by the Building
Department at 110 E. Main Street is needed for grading within the building footprint
68. GRADING PERMIT PHASING: Phased grading permits may be allowed if approved by the
Town Attorney and the Parks and Public Works Director. Phasing may relate to development
phases or to multiple grading permits within a development phase, such as early release of a
grading permit prior to release of the building permit, or for utility relocation. Bonding of
early grading improvements may be required.
69. PILE DRIVING: No pile driving shall be allowed during any phase of construction.
70. TENTATIVE MAP: A tentative map is required, either one tentative map for the proposed
project or more than one tentative map, depending on phasing, prior to submittal for one or
more final or parcel maps. Phased subdivision maps shall be permitted.
71. SUBDIVISION MAP: A final or parcel map shall be recorded. Two copies of the final /
parcel map shall be submitted to the Engineering Division of the Parks & Public Works
27
Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any building permits are
issued. Tentative Map planning applications shall be approved for each development phase
before a parcel or final map for that phase is recorded.
72. RIGHT OF WAY VACATION: The Albright Way and Albright Court right of ways shall be
vacated prior to or concurrently with the first subdivision map. Street vacation or issuance of
an encroachment permit shall occur prior to issuance of permits allowing private work to.
commence in street right of way areas,
73. PUBLIC EASEMENT ABANDONMENT: The initial public easements to be abandoned
shall occur prior to or simultaneously with the street vacation or issuance of an encroachment
permit Subsequent public easement abandonments may be approved by the Director of Parks ,
and Public Works.
74. 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.
75. DEDICATIONS: The following shall be dedicated on each subdivision map. The
dedications Shall be recorded before any permits are issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage and
site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress - egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Extending from the northerly terminus of Charter Oaks,
through the project site, to Winchester Blvd. sufficient to meet the Fire Department's
requirements. No private vehicle access will be permitted between Charter Oaks to the
project site utilizing this Easement.
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76. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided for each
building stating that the building foundation was constructed in accordance with the approved
plans shall be provided subsequent to foundation construction and prior to construction on the
structure. The pad certification shall address both vertical and horizontal foundation
placement.
77. DESIGN CHANGES: The Applicant's registered Engineer shall notify the Town Engineer, in
writing, at least 72 hours in advance of all differences between the proposed work and the
design indicated on the plans. Any proposed changes shall be subject to the approval of the
Town before altered work is started. Any approved changes shall be incorporated into the
final "as- built" drawings.
78. AS -BUILT PLANS: After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as- built" plans
shall again be signed and "wet- stamped" by the civil engineer who prepared the plans,
attesting to the changes. The original "as- built" plans shall be review and approved the
Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans shall be
provided to the Town before the Faithful Performance Security or Occupancy Permit is
released. The AutoCAD file shall include only the following information and shall conform
to the layer naming convention: a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway,
Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool,
Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS- COURT; t) 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.
79. FINISHED FLOOR ELEVATIONS: Finished floor elevations for all new inhabitable
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buildings shall be higher than the 100 -year water surface elevations identified on Flood
Insurance Rate Maps current at the time of building permit issuance.
80. 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 Department.
81. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
82. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to
on -site drainage facilities, grading or paving, and all work in the T'own's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
83. THIRD PARTY INSPECTOR FEES: The applicant shall pay for the inspection of public
sheet lighting and traffic signal related work. Inspections shall be performed by the Town's
street lighting and traffic signal contractor. An initial deposit of $5,000 shall be made to the
Town prior to issuance of an encroachment or public improvement permit. Inspection will be
on a cost recovery basis and additional inspection fees may be required.
84. 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.
85. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved prior to
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issuance of any permit for each development phase, subject to the discretion of the Town
Engineer.
86. STORMWATER MANAGEMENT PLAN: A storm water management plan shall be
included with each phased grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3 of the amended Santa Claw County NPDES Permit.
The plan shall delineate source control measures and BMP's together with the sizing
calculations. The plan shall be certified by a professional pre- qualified by the Town. In the
event that storm water measures proposed for the A &S approval differ significantly from
those certified on the Building/Grading-Permit, the Town may require a modification of the
A&S approval prior to release of the Building Permit. The applicant may elect to have the
A&S submittal certified to avoid this possibility.
87. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION
AND MAINTENANCE OBLIGATIONS: The property owner or Owner's Association, as
appropriate, shall enter into an agreement with the Town for maintenance of the stormwater
filtration devices required to be installed on this project by Town's Stormwater Discharge
Permit and all current amendments or modifications. The agreement will specify that certain
routine maintenance, including catch basin cleaning and pavement sweeping, shall be
performed by the property owner or owner's association, as applicable, and will specify
device maintenance reporting requirements. The agreement will also specify routine
inspection requirements, permits and payment of fees. The agreement shall be recorded prior
to release of any occupancy permits.
88. SITE DRAINAGE: All storm drain inlets (public or private) shall be stenciled/signed with
appropriate "NO DUMPING - Flows to Bay" NPDES required language.
84. NPDES 1: On -site drainage systems for all projects shall conform to the requirements of the
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Municipal Regional NPDES Permit that is current at the time of A&S approval for each
development phase. Each development phase must provide, at a minimum, sufficient
improvements to treat all development within that phase. Deferral of treatment to fature
phases will not be allowed.
90. NPDES 2: Prior to issuance of a building permit for each new building, landscape plans shall
be submitted to Community Development for review and approval to insure that beneficial
landscaping has been incorporated into the design to minimize irrigation runoff and use of
pesticides and fertilizers.
91. WEST VALLEY SANITATI.ON DISTRICT: All sewer connection and treatment plant
capacity fees for a project phase shall be paid either immediately prior to the recordation of
any subdivision map for that phase, or immediately prior to the issuance of a sewer
connection permit, which ever event occurs fast. Written confumation of payment of these
fees shall be provided prior to recordation of each map or issuance of a building permit.
92. SANITARY SEWER LATERAL: Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
93. 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
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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.
94. TRASH ENCLOSURES: Trash enclosures shall be covered and provided with a drain
connected to the sanitary sewer system. No trash enclosure shall be placed between a
building and a residential area.
95. GREASE TRAPS: Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception, separation or pretreatment of effluent
96. UTILITIES: All new utilities shall be placed underground.
97. ABOVE GROUND UTILITIES: The applicant shall submit a 75- percent progress print to the
Town for review of above ground utilities including backflow prevention devices, fire
department connections, gas and water meters, off - street valve boxes, hydrants, site lighting,
electrical/communication/cable boxes, transformers, and mail boxes. Above ground utilities
shall be reviewed and approved by the Community Development Director prior to issuance of
any permit for each development phase.
98. UTILITY RELOCATION AND PHASING: Utility and circulation relocation and phasing
plans shall be included in the grading permit application package.
99. PHOTOMETRICS: Site lighting photometrics shall be provided with each Architecture and
Site application.
100. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall be
provided prior to recordation of each subdivision map.
101. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town
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prior to recordation of each map. The joint trench plans shall include street and/or site
lighting and associated photometrics. A letter shall be provided by PG&E stating that public
street light billing will be by Rule LS2A, and that private lights shall be metered with billing
to the owner. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans.
102. TRENCHING: Trenching within public streets will be allowed subject to the following
requirements:
a. The Town standard "T" trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3- inches or shall match the .existing .
thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium
asphalt. The initial lifts) shall be of three quarter inch medium asphalt.
d. The Contractor shall schedule a pre - paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall extend the
full width of the street and shall extend 5 -feet beyond the longitudinal limits of trenching.
Slurry seal materials shall be approved by the Town Engineering Construction Inspector
prior to placement. Black sand may be required in the slurry mix. All existing striping
and pavement markings shall be replaced upon completion of slurry seal operations.
103. 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
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fee schedule and addition of 235,000 square-feet of Office Park (PTE Code 750) is $149,280.
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 use.
104. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
105. LARK/UNTVFYSM TRAFFIC SIGNAL: Prior to issuance of a building permit or
recordation of any map, the developer shall pay $184,089.52 to reimburse the Town for their
fair share contribution towards the construction of a traffic signal at the intersection of
University Avenue and Lark Avenue. The contribution is based on 46- percent of the total
construction and design cost of $397,550.63.
106. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
107. TRAFFIC SIGNAL: A new intersection aligned with the existing Courtside driveway on
Winchester Boulevard, and conversion of the existing Albright Way intersection to right -tum
in and out shall be provided with the Phase 1 development. A full traffic signal, signal
interconnection and timing shall be provided prior to issuance of the first certificate of
occupancy.
108. TRAFFIC SIGNAL TI E NG AND SYNCHRONIZATION: The applicant shall provide a
proposal from a licensed traffic engineer containing a scope of work for developing a method
of interconnection, coordination, and timing of the traffic signals along Winchester from the
new project signal to Winchester/Wimbledon to Lark/Winchester and on to Lark/University.
New conduit is required in locations where street widening is proposed. The proposal and
method of signal coordination shall be reviewed and approved by Town Engineer. Signal
coordination shall be in place prior to occupancy of Phase I building, and re -timed again
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once each building has reached a significant level of occupancy. A bond for the signal
coordination up to two times subsequent to the initial work performed prior. to occupancy
shall be posted with the Town prior to issuance of each certificate of occupancy.
109. TRAFFIC CIRCULATION STUDIES: As part of each grading permit application, the
developer shall submit design -level circulation plans to address onsite circulation and project
entry points from Winchester Boulevard at each development phase. The plans will identify
the configuration of on -site circulation facilities and project entry points from Winchester
Boulevard as needed to support each development phase.
110. TRAFFIC IMPROVEMENTS: The following traffic improvements shall be-constructed prior
to issuance of the first certificate of occupancy:
a. New Project Entry. The applicant shall construct a new four -way signalized intersection
to align with the existing Courtside driveway approximately 200 -feet south of Albright
Way. The design shall include, at a minimum, an additional right turn lane entering the
project site, additional Class II bike lane on east side of Winchester Boulevard along
entire project frontage, and two left-tam lanes exiting the project site. The southbound
left turn pock shall be formed using a raised median. The raised median shall extend
north to physically restrict southbound left and U -tunes at Albright Way. The northbound
left turn pocket to the Courtside Club shall be extended to 175 -feet (7 car queue) as
recommended in the traffic impact analysis. Handicap ramps, pedestrian crossings,
signing, striping and parking shall be provided in general conformance with the approved
PD plan set. .
b. Albright Way at Winchester Blvd. Construct a landscaped island ( "pork chop ") to restrict
vehicular movement to right -in right -out only with tam restriction signage.
c. Frontage Improvements. Paint pole and install LED light fixtures for all existing street
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lights at the project frontage.
d. Class lI Bike Lanes. Class II bike lanes shall be provided in both the north and south
bound directions on Winchester Boulevard between Wimbledon Drive and the rail
crossing. Median islands shall be modified as needed to accommodate the bike lanes.
e. Dedicated Right Turn Lanes. Winchester Boulevard shall be widened to provide
dedicated right turn lanes at the south entry and new signalized entry. Additional
widening may also be required to provide a right turn lane at Albright Way if determined
to be required by the Director of Parks and Public Works.
f. Striping. The developer shall restripe southbound Winchester Boulevard between the
Courtsidc entrance and Lark Avenue to provide a dedicated southbound left -turn lane to
eastbound Lark Avenue.
111. FRONTAGE RvIPROVEMENfS: Applicant shall be required to improve the project's public
frontage to cuirent Town Standards. These improvements may include but not limited to
curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting
(upgrade and/or repaint) etc.
112. BUS PAD: Prior to issuance of the first certificate of occupancy, the developer shall provide
a bus pad on northbound Winchester Boulevard north of Albright Way. The pad shall meet
the following VTA specifications:
a. Handicap access ramps and sidewalk from Albright Way to the bus pad;
b. 10' x 55' concrete bus pad constructed to VTA specifications;
c. Minimum 8' x 40'concrete sidewalk adjacent to the bus stop area;
d. Solar bus stop light mounted on VTA bus stop pole with ADA compliant activation
button;
e. Trees and landscaping should be placed outside the bus stop area to accommodate
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passenger /pedestrian movement and provide clearance for vehicles.
113. PUBLIC IMPROVEMENTS: Plans for public improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed by
contract, Faithful Performance Security and Labor & Materials Security before the issuance
of a building permit or the recordation of a subdivision map for each development phase.
The improvements must be substantially completed prior to issuance of the first certificate of
occupancy, fully complete and accepted by the Town prior to issuance of the final Certificate
of Occupancy for each development phase.
114. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings,
etc. shall be repaired and replaced to a condition equal to or better than the original condition.
A slurry sea] shall be provided across the full lane width in areas of trenching, lane widening,
median modification or construction, and where striping has been ground off. Existing
improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk- through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
115. PUBLIC AND PRIVATE IMPROVEMENT SECURITY: The applicant shall supply suitable
securities for all public improvements, and private circulation and drainage infiastructure
improvements that are a part of the development in a form acceptable to the Town in the
amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit
for each development phase. Applicant shall provide two (2) copies of documents verifying
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the cost of the applicable improvements to the satisfaction of the Engineering Division of the
Parks and Public Works Department.
116. 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.
117. SOILS REPORT: One copy of the soils report shall be submitted with each grading permit
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. The reports
shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section
6735 of the California Business and Professions Code. Each report shall be peer reviewed by
Town Consultants prior to submittal for permits.
118. SOIL EXPORT: The total soil export volume (sum of all development phases) from the site
shall not exceed 22,200 cubic yards. The contractor's project engineer shall send daily
trucking reports to the Engineering inspector during the export operation of each
development phase. Project impacts were evaluated based on the following earthwork
breakdown: Phase 1) 33;000 CY cut to fill, 8,700 CY export; Phase 2) 4,500 CY cut to fill,
10,000 CY export; and Phase 3) 3,000 CY cut to fill, 3,500 CY export.
119. HAULING OF SOIL: Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 pm. and 6:00
pm.). No more than 10 trucks per hour will be allowed. Prior to the issuance of a building
permit, the developer shall work with the Town Building and Engineering Department
Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow
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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.
120. SOILS REVIEW: Prior to issuance of each grading permit, the applicant's soils engineer
shall review the final grading and drainage plans to .ensure that designs for foundations,
retaining walls, site grading, and site drainage are in accordance with their recommendations
and the peer review comments. The applicant's soils engineer's approval shall then be
conveyed to the Town either by letter or by signing the plans.
121. EROSION CONTROL: Interim and final erosion control plans shall be prepared and.
submitted to the Engineering Division of the Parks & Public Works Department. A Notice of
Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) shall be submitted to the
San Francisco Bay Regional Water Quality Control Board for projects disturbing more than
one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town
standard seeding specification, filter berms, check dams, retention basins, etc. Provide
erosion control measures as needed to protect downstream water quality during winter
months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with
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applicable measures contained in the amended provisions C.3 and C.14 of the most current
Santa Clara County NPDES MRP Permit.
122. 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
123. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the
project Applicant shall complete a pavement condition survey documenting the extent of
existing pavement defects using a 35 -mm or digital video camera. The survey shall extend
from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester to the
Campbell City limits. In addition, a pavement deflection analysis conforming to the same
limits as the photographic survey shall be performed to determine pavement strength. The
results shall be documented in a report and submitted to the Town for review.
124. POSTCONSTRUCTION PAVEMENT SURVEY: The project Applicant shall complete a
post construction pavement condition survey and pavement deflection analysis to determine
whether road damage occurred as a result of project construction and whether there were
changes in pavement strength. Rehabilitation improvements required to restore the pavement
to pre - construction condition and strength shall be determined using State of California
procedures for deflection analysis. The results shall be documented in a report and submitted
to the Town for review and approval. The Applicant shall be responsible for completing any
required road repairs prior to release of a certificate of occupancy.
125. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of any grading permit.
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126. DEMOLITION: Any existing structures that would straddle a future property line shall be
demolished prior to recordation of the final or parcel map for the applicable phase.
127. 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 minimise
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 20 MPH. All trucks hauling soil, sand, or other loose debris
shall be covered.
128. DUST CONTROL.(SITES > 4 ACRES): The following measures should be implemented at
construction sites greater than four acres in area:
a. Hydroseed or apply (non - toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles
(dirt, sand, etc.)
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c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e.. Replant vegetation in disturbed areas as quickly as possible.
129. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of contractor and
property owner to make sure that all dirt tracked into the public right -of -way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
130. SIDEWALK CLOSURE: Any proposed blockage or-partial-closure of the sidewalk requires
an encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
131. 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.
132. 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.
133. - PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany• each private easement. The easements and associated
agreements shall be recorded simultaneously with each subdivision map.
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134. PRIVATE STREETS: All streets within the development shall be private.
135. CONSTRUCTION NOISE 1: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and
9:00 am. to 7:00 p.m., weekends 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 properly, 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.
136. CONSTRUCTION NOISE 2 The Director Of Parks and Public Works may allow earlier
start times than specified by Town code if it determined that the work will not cause undue
nuisance to adjacent residential neighborhoods. In the event that noise complaints are
received, the Town code construction hours will be implemented.
137. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement
of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre- construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site maintenance
and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub- contractors have read and understand
them prior to commencing work and that a copy of the project conditions of approval will
be posted on site at all times during construction.
138. 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
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area, construction trailer, and proposed outhouse locations.
139. 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.
140. 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 eonstruefion 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 time 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
45
services shall be made regarding one -way operation, specifying dates and hours of
operation.
141. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer'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 approval from the
Town Engineer Q 15.40.070).
142. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
143. CC&R's: A copy of the CC&R's shall be submitted for review and approval by the Town .
Attorney and Planning Division prior to map recordation.
144. FENCING 1: A fence shall be provided along the project frontage to the rail right of way as
shown in the A &S plan set. The fence shall be complete prior to issuance of the first
certificate of occupancy.
145. FENCING 2: A 6 -foot masonry fence shall be provided between commercial and residential
zones as required by Town Code.
146. ALTERNATIVE TRANSIT: The project shall encourage alternative transportation modes
(carpooling and bicycling) by providing reserved parking for carpools/vanpools,
showers/changing areas for employees, and bicycle parking.
147. BICYCLE PARKING: Bicycle parking shall be provided at a ratio of one bike space to
twenty vehicle parking spaces. Three quarters (75 %) of the bike spaces shall be CI I and the
remaining quarter (25 %) shall be Cl II spaces as defined by VTA. The spaces shall be
provided by phase in accordance with the vehicle spaces required for that phase.
148. SCVWD APPROVAL: The following Santa Clara Valley Water District approvals shall be
obtained prior to issuance of building permits:
a. Any work east of the project's east boundary requires an encroachment permit from the
District
b. Any proposed trail access points must be open to the general public and not be exclusive
to site occupants. New trail connections and trail amenities require District permits. The
District discourages the proliferation of "midblocle' access points.
c. Planting of replacement trees on SCV WD property to mitigate on site tree removals is not
permitted
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
149. Review of this development proposal is limited to acceptability-of site access and water
supply as they pertain to fire department operations,. and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes. Prior
to performing any work the applicant shall make application to, and receive from, the
Building Department all applicable construction permits.
150. FIRE DEPARTMENT ACCESS MINIMUM CLEAR WIDTH: The minimum clear width of
fire department access roads shall be 20 feet. Aerial fire access roads: Buildings or portions
of buildings or facilities exceeding 30 feet in height above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. Overhead utility and power
lines shall not be located within the aerial fire apparatus access roadway. Aerial fine
apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate
vicinity of any building or portion of building more than 30 feet in height. Proximity to
building: At least one of the required access routes meeting these conditions shall be located
within a minimum of 15 feet and a maximum of 30 feet from the building and shall be
47
positioned parallel to one entire side of the building, as approved by the fire code official.
CFC See. 503 See Pages C-1, C -2.1 and C-2.2.
151. ACCESS AND LOADING FACILITIES: Buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an approved fire
apparatus access road (including bridges and culverts) with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire apparatus weighing
at least 75,000 pounds or as otherwise determined by the fire code official. Minimum clear
height: Vertical clearance over required vehicular access roads and driveways shall be 13
feet 6 inches. Grade: Maximum grade shall-not exceed 15 %. Turn Radius (circulating):
The minimum outside turning radius is 42 feet for required access roadways. Greater radius
up to 60 feet may be required where the fire department determines that ladder buck access
is required. Circulating refers to travel along a roadway without dead ends. Turning Radius
(Coil -de- sacs): The minimum outside turning radius is 36 feet. Use of cuI- de-sac$ is not
acceptable where-it is determined by the fire department that ladder truck access is required,
unless greater turning radius is provided. CFC Sec. 503 See pages C -1, C -2.1 and C -2.2.
151 EMERGENCY RESPONDER RADIO COVERAGE: Buildings and structures that cannot
support the required level of radio coverage shall be equipped with a radiating cable system,
a distributed antenna system with FCC certified signal boosters or other system approved by
the fire code official in order to achieve the required adequate radio coverage. CFCJ103.1.1.
153. FIRE SPRINKLERS WHERE REQUIRED: An approved automatic fire sprinkler system
shall be provide throughout all new buildings and structures. Where the provisions of this
code require that a building or portion thereof be equipped throughout with an approved fire
sprinkler system in accordance with this section, the sprinklers shall be installed throughout
in accordance with NFPA 13 except as provided in Section 903.3.1.1.1 and local standards.
EN
Note: The new owner(s), occupant(s) and any contractor(s) or subcontractors) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. A State of California
licensed (C-16) Fire Protection. Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work CFC Sections 903.2.1 through 903.2.18 as adopted and amended by
LGTC.
154. POTABLE WATER: Potable water supplies shall be protected from contamination caused by
fire protection water supplies. It is the responsibility of the. applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project, and to
comply with the requirements of that purveyor. Such requirements shall be incorporated
into the design of any water -based fire protection systems, and/or fire suppression water
supply systems or storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by this
office until compliance with the requirements of the water purveyor of record are
documented by hat purveyor as having been met by the applicant(s).. 2007 CFC Sec.
903.3.5 and Health and Safety Code 13114.7.
155. HOSE VALVES /STANDPIPES REQUIRED: Buildings shall be equipped with standpipes
designed per NFPA Std. #14, as amended in Chapter 47, and be equipped with 2 -1/2" hose
valves, at location designated by the fire department. Hose valves/standpipes shall be
installed as per the 2010 CFC Sec. 905, or where emergency access has been deemed
- minimal, shall be equipped standpipes designed per NFPA Std. 414, as amended in Chapter
47, and be equipped with 2 -1/2" hose valves, located within the stair enclosure(s). Note
49
specifically, within parking structure(s) @ stairwells and on podium within courtyard area.
2010 CFC Sec. 905.
156. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to
be determined jointly by the Fire Department and the San Jose Water Company. Fire
hydrants shall be provided along required fire apparatus access roads and adjacent public
sheets at location(s) to be determined by the fire department. Maximum hydrant spacing
shall be 500 feet, with a minimum single.hydrant flow of 1500 GPM at 20 psi, residual
pressure. Prior to design, the project civil engineer shall meet with the fire department water
supply officer-to jointly spot the required fire hydrant locations. 2010 CFC Sec. 507,
Appendix B and C and Tables B106 and C105.1.
157. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall conform to Local
Government Standards and Fire Department Standard Detail and Specifications A -6. 2010
CFC Sec. 503.3.
158. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior
to the start of framing of delivery of bulk .combustible materials. Building permit issuance
may be withheld until required installations are completed, tested, and accepted. 2010 CFC
Sec. 501.
159. TIMING OF, REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through frost lift of asphalt, shall be installed and accepted by the Fire Department prior to
the start of combustible construction. During construction, emergency access roads shall be
maintained clear and unimpeded. Note. that building permit issuance may be withheld until
50
installations are completed, Temporary access roads may be approved on a case by case
basis. 2010 CFC Sec. 501.
160. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the street
or road fronting the property. Numbers shall contrast with their background, CFC Sec. 505.
161. NEW COMMERCIAL BUILDING: All new commercial buildings shall comply with
standard specification SI -7 for construction site safety.
162. FIRE HYDRANT LOCATION IDENTIFIER: Prior to project final inspection, the general
contractor shall ensure that -an approved (`Blue Doe) fire - hydrant location identifier has
been laced in the roadway, as directed by the fire department,
163. TRAFFIC SIGNAL PREMPTION: Both new and existing traffic signals on Winchester
Boulevard and Lark Avenue must be equipped with signal preemption control devices.
Contact this office to determine which intersections must be so equipped.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 3, 2013, and adopted by the following vote as an ordinance of the Town of Los Gatos
at a meeting of the Town Council of the Town of Los Gatos on June 17, 2013 and becomes effective
30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynsld, and Mayor Barbara Spector
NAYS:
ABSENT:
F.V*Mf Wk
W MyWo "1 /.1
ATTEST:
ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
GATOS
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