Attachment 01APREPARED BY: JENNIFER ARMER
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 12/13/2017
ITEM NO: 5
DATE: DECEMBER 8, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ARCHITECTURE AND SITE APPLICATION S-15-056, CONDITIONAL USE
PERMIT APPLICATION U-15-009, AND ENVIRONMENTAL IMPACT REPORT
EIR-16-001. PROJECT LOCATION: 401-409 ALBERTO WAY. PROPERTY
OWNER: CWA REALTY. CONTACT PERSON: SHANE ARTERS, LP
ACQUISITIONS, LLC.
REQUESTING APPROVAL TO DEMOLISH THREE EXISTING OFFICE
BUILDINGS AND CONSTRUCT A NEW, TWO-STORY OFFICE BUILDING WITH
UNDERGROUND PARKING ON PROPERTY ZONED CH. APN 529-23-018.
RECOMMENDATION:
Approval, subject to conditions.
PROJECT DATA:
General Plan Designation: Mixed Use Commercial
Zoning Designation: CH Restricted Commercial Highway
Applicable Plans & Standards: Commercial Design Guidelines
Parcel Size: 93,573 sq. ft.
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-M:5-12
West State Highway Ramps NA NA
South Commercial Mixed Use Commercial CH:PD
East Commercial Mixed Use Commercial CH:PD
East Residential Medium Density Residential R-M:5-12
ATTACHMENT 1
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SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001
DECEMBER 8, 2017
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CEQA:
An Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program have
been prepared for the project.
FINDINGS:
As required by CEQA for certifying the Environmental Impact Report.
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.
That the proposed project is consistent with the Commercial Design Guidelines.
As required by Section 29.10.09030(e) of the Town Code for the demolition of an existing
structure.
CONSIDERATIONS:
As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
On May 10, 2017, the Planning Commission denied Architecture and Site Application S-15-056
and Conditional Use Permit U-15-009 to construct a new two-story office building due to
concerns regarding the size of the building and neighborhood compatibility. The decision of the
Planning Commission was appealed to the Town Council by the applicant on May 19, 2017.
The Architecture and Site and Conditional Use Permit applications were considered by the
Town Council with public comment heard on September 19, 2017 and Council deliberations on
October 3, 2017. The appeal was granted and the Town Council remanded the applications to
the Planning Commission to consider additional modifications offered by the applicant (Exhibit
7).
PROJECT DESCRIPTION:
A.Location and Surrounding Neighborhood
The project site is located on the northwest corner of the intersection of Alberto Way and
Los Gatos-Saratoga Road. Access to the project site is provided on Alberto Way. The
project vicinity contains a multi-family residential development located to the north of the
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SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001
DECEMBER 8, 2017
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project site. Multi-family housing, office, and a hotel are located to the east (across Alberto
Way). A hotel is located across Los Gatos – Saratoga Road to the south of the project site.
The westerly rear of the site is bordered by a wooded strip of land and the on -ramp to
northbound State Route 17.
B. Project Summary
The applicant is requesting approval of a Conditional Use Permit and Architecture and Site
application to demolish the three existing office buildings (31,000 square feet total) and
construct a new office building (74,260 square feet total) with two levels of underground
parking.
C. Zoning Compliance
New office buildings approved or constructed after May 1, 2006, are permitted in the CH
Zoning District subject to the approval of a Conditional Use Permit. The proposed project
complies with the height, and building coverage limitations. The proposed project also
complies with setback requirements and all required p arking is being provided on-site.
DISCUSSION:
A. Town Council
On September 19, 2017, and October 3, 2017, the Town Council considered the appeal of
the Planning Commission’s May 10, 2017 denial. After holding a public hearing and asking
questions of the applicant on September 19, 2017, the Town Council discussed the merits of
the appeal on October 3, 2017.
Possible project modifications discussed by Council included reduced square footage,
recessed second floor windows, use of view glass, increased side setbacks, increased public
space and landscaping on site, increased views of the hills, use of larger trees, LEED Gold
certification, additional details on use of surface parking, and staff review of changes, along
with additional information on the role of the California Department of Transportation
(Caltrans) in the process.
The minutes for the October 3, 2017 meeting, which include the Council’s deliberations and
motion are provided in Exhibit 7. The Council adopted a resolution (Exhibit 8) rem anding
the applications to the Planning Commission to reconsider the applications with
modifications offered by the applicant.
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SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001
DECEMBER 8, 2017
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B. Revised Project Design
On November 7, 2017, the applicant resubmitted plans (Exhibit 1 4) and a letter of
justification for a revised project (Exhibit 9), which illustrates the following modifications
that have been made to the design of the building:
Reduced square footage: The total building floor area has been reduced from 83,000
square feet (March 2017 revision) to 74,260 square feet, to match the Environmentally
Superior Alternative listed in the Draft EIR.
Reduced lot coverage: The building lot coverage has been reduced from 45.3 percent
(42,400 square feet) (March 2017 revision) to 41 percent (38,392 square feet).
Recessed second floor windows: Windows are proposed to be recessed between one
and three feet.
Use of view glass: View glass has been incorporated in the design.
o Staff has prepared the following condition of approval and added it to the draft
conditions in Exhibit 6 to memorialize the use of view glass:
7. VIEW GLASS: View glass shall be used in all second floor windows on the
northern facing façade.
Increased side setbacks: The side setback, between the proposed building and the
northern property line, has been increased from 26 feet to 55 feet.
LEED Gold certification: The applicant’s letter states that LEED Gold equivalency will be
incorporated into the building plans.
o Staff has prepared the following condition of approval and added it to the draft
conditions in Exhibit 6 to require submittal of a LEED Gold Checklist:
8. LEED CHECKLIST: Prior to building permit issuance the applicant shall submit a
complete LEED for New Construction checklist showing the project is designed to
meet a LEED Gold level.
This current proposal has much the same character and many of the same features as the
design reviewed by Planning Commission on May 10, 2017, and therefore the revised
designs were not reviewed by the Town’s Architectural Consultant. The previous review by
the Town’s Architectural Consultant, received March 17, 2017, has been included as Exhibit
11, as some of the recommendations still apply.
C. Landscaping and Open Space
On November 7, 2017, the applicant resubmitted plans (Exhibit 1 4) and a letter of
justification for a revised project (Exhibit 9), which illustrates the following modifications
that have been made to the landscaping and open space on the site:
Increased public space and landscaping on site: A new landscape area is now available
along the north side of the building, currently described as a dog park in the plans, and
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SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001
DECEMBER 8, 2017
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additional open space is provided at the southeastern corner of the site, where the
surface parking lot has been reduced in size.
o Staff has prepared the following condition of approval and added it to the draft
conditions in Exhibit 6 to memorialize access to these spaces:
10. OPEN SPACE ACCESS: The open space shown in the development plans shall be
made available for use by the public.
Increased views of the hills: The applicant’s project letter (Exhibit 9) describes increased
views of the hills as a result of the increased north side setback.
Use of larger trees: The trees planted along the street have been increased from 36-inch
to 48-inch box size. The applicant provided a description of the increased tree sizes in
the supplemental information letter (Exhibit10).
D. Parking and Traffic
On November 7, 2017, the applicant resubmitted plans (Exhibit 1 4) and a letter of
justification for a revised project (Exhibit 9), which illustrates the following modifications
that have been made to the parking on site and traffic:
Additional details on use of surface parking: The parking has been reduced as a result of
the reduced floor area to meet the reduced requirement from 332 spaces (March 2017
revision) to 298 spaces: 38 surface parking spaces and 260 underground parking spaces.
The applicant describes in their response letter that they propose the surface parking
would be available for use after business hours.
o Staff has prepared the following condition of approval and added it to the draft
conditions in Exhibit 6 to memorialize access to the surface parking lot:
11. SURFACE PARKING ACCESS: The surface parking spaces shown in the
development plans shall be made available for use by the public outside of the
stated normal business hours of 7 AM to 6 PM, Monday through Friday.
The applicant provided revised traffic counts in the supplemental information letter
(Exhibit 10). The table provided shows that the current proposal reduces the total daily
trips from 1,031 to 820 (when compared to the original project traffic impact anal ysis
for approximately 92,000-square feet of building area), and reduces the AM Peak Hour
trips from 181 to 151, and PM Peak Hour trips from 183 to 162. The Town’s traffic
consultant has reviewed and confirmed the data provided by the applicant.
Staff have prepared an updated Project information Sheet for the revised project (Exhibit
12).
E. Caltrans
When work is proposed within the Caltrans right-of-way an Encroachment Permit is
required by Caltrans. The Encroachment Permit application that must be submitted to
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SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001
DECEMBER 8, 2017
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Caltrans for their review requires submittal of environmental documentation and any
conditions of approval, which are not available until after approval of the proposed project
by the local agency. As a result the formal Caltrans review will occur after project approval
by the Town. This work is part of the proposed project and would therefore not require
additional environmental review.
F.CEQA Determination
The revised project has been reduced in scale by decreasing the proposed floor area to
match the Environmentally Superior Alternative described in the Draft EIR. While an
Environmentally Superior Alternative is a required part of an EIR, a project like this one
which has no unavoidable significant environmental impacts as originally proposed, is not
required to choose that Environmentally Superior Alternative.
The revised project would implement all of the mitigation measures set forth in the Draft
EIR and would not result in any new or increased significant environmental impacts when
compared to the original project. Therefore, no further environmental review is required
under the California Environmental Quality Act since all potential environmental impacts
can still be mitigated by the measures listed in the Draft EIR and the revised project would
not result in any new or increased significant environmental impacts when compared to the
original project.
PUBLIC COMMENTS:
Exhibit 13 includes public comment received by 11:00 a.m., Friday December 8, 2017, including
comments that were received before the revised plans were submitted.
COORDINATION:
The Community Development Department coordinated with the Parks and Public Works
Department and the Santa Clara County Fire Department in the review of the applications.
CONCLUSION AND RECOMMENDATION:
A.Conclusion
In response to the Town Council discussion of the project’s size and neighborhood
compatibility, the applicant has increased the side setback, reduced the square footage, and
modified the site plan to make additional open space available. The modifications result in
a building that is still in conformance with all of the Town’s objective standards, and now
brought down to the size of the Environmentally Superior Alternative described in the Draft
EIR.
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SUBJECT: 401-409 ALBERTO WAY/S-15-056, U-15-009, AND EIR-16-001
DECEMBER 8, 2017
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B.Recommendation
Staff recommends that the Planning Commission take the following actions to approve
the Architecture and Site and Conditional Use Permit applications:
1.Adopt the CEQA Findings of Fact (Exhibit 5);
2.Certify the Final EIR and adopt the Mitigation Monitoring and Reporting Program
(Exhibit 2);
3.Make the required findings as required by Section 29.20.190 of the Town Code for
granting approval of a Conditional Use Permit (Exhibit 4) (Note: if the application is
approved the findings for denial will be removed);
4.Make the required finding that the project is in compliance with the Commercial
Design Guidelines (Exhibit 4);
5.Make the findings required by Section 29.10.09030(e) of the Town Code for the
demolition of an existing structure (Exhibit 4);
6.Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture & Site application (Exhibit 4); and
7.Approve Conditional Use Permit Application U-15-009 and Architecture & Site
Application S-15-056 with the conditions contained in Exhibit 6, and the plans in
Exhibit 14.
C.Alternatives
Alternatively, the Commission can:
1.Continue the matter to a date certain with specific direction; or
2.Approve the applications with additional and/or modified conditions; or
3.Deny the applications and make the required findings for denial (Exhibit 4) (Note: if
the applications are denied the provided findings for approval, Exhibit 4, would need
to be revised.
EXHIBITS:
Previously received under separate cover:
1.Draft Environmental Impact Report
2.Final EIR and Mitigation Monitoring and Reporting Program, dated June 29, 2016
Received with this Staff Report:
3.Location Map
4.Required Findings and Considerations (two pages)
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5. Required CEQA Findings of Fact (24 pages)
6. Recommended Conditions of Approval (11 pages)
7. Excerpt of Town Council meeting Minutes from October 3, 2017 (three pages)
8. Town Council Resolution 2017-056 (three pages)
9. Letter of Justification/Project Description (23 pages), received November 7, 2017
10. Supplemental Applicant Information (four pages), received November 17, 2017
11. Architectural Consultant’s Report on Previous Plans (eight pages), received March 17, 2017
12. Project Information Sheet, prepared by the Parks and Public Works Department
13. Public Comments received by 11:00 a.m., Friday, December 8, 2017
14. Development Plans (37 pages), received November 7, 2017
Distribution:
Shane Arters, LP Acquisitions, LLC, 535 Middlefield Road, Ste. 190, Menlo Park, CA 94025
401 -409 Alberto Way
EXHIBIT 3
This Page
Intentionally
Left Blank
PLANNING COMMISSION -December 13, 2017
REQUIRED FINDINGS & CONSIDERATIONS:
401-409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
Environmental Impact Report EIR-16-001 .
Requesting approval to demolish three existing office buildings and construct a new,
two-story office building with underground parking on property zoned CH. APN 529-
23-018.
APPLICANT: Shane Arters, LP Acquisitions, LLC
PROPERTY OWNER: CWA Realty
FINDINGS
Required finding for CEQA:
• An Environmental Impact Report (EIR) was prepared for the proposed development. The
Planning Commission must certify the EIR, make findings of fact, and adopt the Mitigation
Monitoring and Reporting Program.
Required findings for a Conditional Use Permit:
• As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed use would be considered desirable in that the office buildings would
replace the existing office buildings on-site and provide necessary uses and services for
the community; and
(2) The proposed application will continue to provide office uses in one of the few small
mixed-use commercial areas of Town and the zone allows office; and
(3) The existing and proposed office use are not detrimental to public health, safety, or
general welfare; and
(4) The proposed use is in harmony with the General Plan and Town Code.
Commercial Design Guidelines:
• The proposed buildings are consistent with applicable provisions of the Commercial Design
Guidelines.
EXHIBIT 4
Required finding for the demolition of an existing structure:
• As required by Section 29.10.09030(e) of the Town Code for the demolition of an existing
structure:
1. The Town's housing stock will be maintained as the demolition does not include any
residential buildings.
2. The existin g structures have no architectural or h istorical significance.
3. The property owner does not desire to maintain the structures as they exist.
4. The economic utility of the structures are diminished because of age.
CONSIDERATIONS
Required considerations in r·eview of Architecture & Site applications:
• 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.
N:\DEV\FINDINGS\2017\Afberto 401-409_remand .doc
CEQA FINDINGS OF FACT
of the
PLANNING COMMISSION OF THE TOWN OF LOS GATOS
for the
401-409 ALBERTO WAY PROJECT
August 10, 2016
1
EXIIlBIT 5
I. Introduction
As approved by the Planning Commission on August 10, 2016, the 401-409 Alberto Way
development ("the project") will involve the development of three two-story office buildings .
Construction is anticipated to take place over a period of fourteen months.
The To\\n of Los Gatos ("Town"), as lead agency, prepared a Draft Environmental Impact Report
(Draft EIR) for the project in April 2016 (State Clearinghouse No. 2015122041)1
. This document
was circulated for public review for forty-five (45) days between April 29, 2016 and June 13, 2016,
and public comment was received. The Town of Los Gatos prepared responses to comments on the
Draft EIR, and published both comments and responses to comments in the June 29, 2016, Final
EIR, which was posted on the Town's website on August 5, 2016.
These findings have been prepared in accordance '\\ith the California Environmental Quality Act
(CEQA) (Pub. Resources Code, § 21000 et seq.) and its implementing guidelines ("CEQA
Guidelines") (Cal. Code Regs., tit. 14, § 15000 et seq.).
II. Project Description
The project is the redevelopment of the project site \Vith demolition of existing site improvements
and the development of two new, steel frame, two-story buildings totaling 92,800 square feet over a
two-level, below-grade parking garage. Site improvements will include an onsite employee amenity
area, visitor parking, new landscaping, and a variety of energy efficient and/ or sustainable interior
and exterior building elements.
The two new buildings are referred to as Building A and Building B. Building A will have a total
building area of 47,800 square feet and Building B will have a total building area of 45,000 square
feet, for a total of 92,800 square feet . As the three existing two-story buildings on the project site
total approximately 31,000 square feet of building area, the project will result in an increase of
approximately 61,800 square feet of commercial square footage on the project site.
Although there are no future tenants for the new buildings identified at the time of preparation of
this EIR, the buildings are anticipated to house a variety of professional office uses similar to use of
the existing buildings on the site.
The project will install 390 vehicle parking spaces on the site, compliant with the Town's Municipal
Code. The majority of the parking spaces, 383, will be located in the below-grade, 156,200 square-
1 See Cal. Code Regs ., Title 14, Section 15367 for a definition of "lead agency."
2
foot parking facility . Five standard parking spaces, one accessible parking space, and one van
accessible parking space will be provided at grade. The project will include 20 short-term bicycle
parking spaces and 20 long-term bicycle parking spaces.
The land coverage will be 49 .6 percent of the site and the maximum height will be 35 feet, both of
which are consistent with the General Plan land use and zoning designation for the site which
allows up to 50 percent land coverage and a 35-foot height limit. While the front entry to each of the
proposed new conunercial buildings includes a tower above the main entrance which exceeds the
otherwise maximum 35-foot roof level, the Town of Los Gatos Municipal Code 29.10.090 allows
exceptions to height restrictions for towers, spires, and other architectural features to exceed
maximum building height provided that these areas are inaccessible to human activity or storage.
The project's tower areas would be closed off such that these areas would not be accessible,
habitable, or visible from the interior of the building. Therefore, the tower areas would be in
compliance with Municipal Code 29.10.090.
Site development will require demolition of all existing site improvements. The majority of the
project site will be excavated to an estimated depth of approximately 20 feet to accommodate the
subterranean parking garage.
The project site has a Mixed-Use Commercial General Plan land use designation which permits a
mixture of retail, office, and residential uses in a mixed-use setting. Projects developed under this
designation are intended to maintain the small-town, residential scale and natural environments of
adjacent residential neighborhoods, as well as provide prime orientation to arterial street frontages
and proper transitions and buffers to adjacent residential properties.
The project site is zoned CH-Restricted Commercial Highway. Allowable uses include retailing,
personal service businesses, service businesses necessary for the conduct of households, office uses,
and limited manufacturing uses. The proposed project is for the construction of office buildings
which consistent with the Los Gatos Zoning Code's allowable uses.
As the project will be consistent with the intent of the General Plan land use designation of Mixed-
Use Commercial for the site and with the CH -Restricted Commercial Highway zoning, no
amendment to the General Plan or Zoning Code will be required to approve the project.
A. Changes to the DEIR
Changes were made to the Draft EIR after the public review period for the Draft EIR, reflected in
the Final EIR, and included in the project as approved by the Planning Commission on August 10,
2016. The modifications to the Draft EIR were primarily grammatical and spelling corrections.
Some substantive text additions and/or clarifications were added to the Aesthetics, Air Quality, and
Traffic section; however, these modifications did not alter the conclusion that the project will result
3
in less-than-significant impacts associated with these environmental issues. Section 3.0, Changes to
the Draft EIR, in the Final EIR presents a full summary of all changes made to the Draft EIR.
B. Location and Current Use
The project site is an approximately 2.15-acre parcel located at 401 -409 Alberto Way on the
northwest comer of Los Gatos -Saratoga Road and Alberto Way in the Town of Los Gatos in
Santa Clara County (Assessor's Parcel No. 529-23-018). Alberto Way is a t\\'o-lane dead-end street
that parallels State Route 17 and also setves as the easternmost boundary of the project site. The
westerly rear of the site is bordered by a wooded strip of land and the on-ramp to northbound State
Route 17. Access to the project site is provided via three driveways on Alberto Way.
The project site is developed with three, two-story wood frame multi-tenant office buildings \\ith on-
grade parking and daylighted basement areas beneath the buildings. The existing buildings on the
site were constructed in the mid-l 960s and comprise approximately 31,000 square feet . Existing
buildings on the site are 24 to 35 feet in height. Parking is currently provided v~ith paved surface lots .
The site is relatively level and areas oflandscaping are located throughout the site .
C. Purpose and Objectives
CEQA Guidelines section 15124 requires that the "Project Description" portion of a Draft EIR set
forth "[a] statement of the objectives sought by the project." The Draft EIR for the project identified
the following "project objectives."
• Redevelop the site by removing the now obsolete, aging structures and replacing them with
new, two-story Class A steel office buildings utilizing energy efficient, recycled and
sustainable building materials that meet the standards of Leadership in Energy and
Environmental Design (LEED).
• Incorporate high-quality building architecture with design features that both blend '"ith and
compliment the aesthetics, scale, architecture, and character of the surrounding land uses.
• Provide a building type that satisfies the needs, desires, and market demand for high-tech
office users in Class A office space (e.g. larger floor plates, operationally
sustainable/functional buildings, energy efficient systems, and onsite employee amenities).
• Provide for a redeveloped site that fully complies with all applicable General Plan Goals and
Policies, as well as applicable standards and guidelines established by the Municipal Code.
• Create an interactive pedestrian oriented space that is attractive to future employees, tenants,
and visitors to the site.
4
• Retain and augment additional planting to the grove of trees along Los Gatos-Saratoga
Road and the freeway on-ramp.
• Through redevelopment of the site, create an opportunity for enhanced pedestrian and
bicycle connectivity to the existing Town network.
• Utilize building setbacks, landscaping and architectural treatments (materials, colors, and
surfaces) to minimize impacts to the surrounding neighborhoods.
III. Environmental Review Process and Project Approval
The Town distributed a Notice of Preparation (NOP) for a 30-day comment period from April 29,
2016 to June 13, 2016 (see Draft EIR, Appendix A) thereby notifying responsible agencies, trustee
agencies, adjacent local agencies, transportation planning agencies, the public, and other interested
parties of the scoping period and giving them the opportunity to transmit their concerns and
comments on the scope and content of the Draft EIR.
On April 29, 2016, the Town published the Draft EIR for the project, commencing a forty-five (45)
day public review period that ended on June 13 , 2016.
On August 5, 2016, the Town issued the proposed Final EIR for consideration by the Town's
Planning Commission.
On August IO, 2016, the Planning Commission considered the project. After hearing public
testimony and deliberating, the Commission approved the project.
l'V. Record of Proceedings
In accordance with Public Resources Code section 21167 .6, subdivision (e), the record of
proceedings for the Town of Los Gatos' decision on the project includes the following documents:
• The April 2016 Draft EIR and its appendices;
• The June 2016 Final EIR and its appendices;
• All documents cited or referenced in the Draft and Final EIRs;
• The Mitigation Monitoring and Reporting Program for the project;
• All findings and resolutions adopted by the Town of Los Gatos in connection with the
project and all documents cited or referred to therein;
5
• All reports, studies, memoranda, maps, staff reports, or other planning documents relating to
the Project prepared by the TO\vn of Los Gatos relevant to the Town's compliance with the
requirements ofCEQA and the Town's action on the project;
• All documents submitted to the Town by the applicant, by other public agencies or members
of the public in connection with the project, up through the close of the final public hearing
on project before the Planning Commission held on August 10, 2016;
• Any minutes and/ or verbatim transcripts of public meetings and public hearings held by the
TO\vn of Los Gatos in connection with the project;
• Any documentary or other evidence submitted to the Town of Los Gatos at such public
meetings and public hearings;
• Matters of common knowledge to the Town of Los Gatos, including, but not limited to
federal, state, and local laws and regulations ;
• T mvn of Los Gatos 2020 General Plan;
• Town of Los Gatos 2020 General Plan Final Environmental Impact Report;
• Town of Los Gatos General Plan Update Background Report;
• Los Gatos Town Codes;
• Los Gatos Sustainability Plan;
• Any documents expressly cited in these findings, in addition to those cited above; and,
• Any other materials required for the record of proceedings by Public Resources Code section
21167 .6, subdivision (e).
The documents constituting the record of proceedings are available for review by responsible
agencies and interested members of the public: from 8:00 a.m. to 1:00 p.m., Monday through
Friday, at the Los Gatos Community Development Department at 110 East Main Street; from 8:00
a.m. to 5:00 p.m., Monday through Friday, at the Town Clerk office at llO East Main Street; and
during regular business hours, at the Town Library at 100 Villa A venue. The custodian of these
documents is the Community Development Department. This information is provided in
compliance ~ith Public Resources Code section 21081.6 .
The Town's decision makers have relied on all of the documents listed above in reaching their
decisions on the Project even if not every document was formally presented to the decision makers.
Without exception, any documents set forth above not found in the project files fall into one of two
6
categories . Many of them reflect prior planning or legislative decisions of which the Town of Los
Gatos was aware in approving the project. (See City of Santa Cruz v. Local Agency Formation
Commission (1978) 76 Cal.App.3d 381, 391-392; Dominey v. Department of Personnel Administration
(1988) 205 Cal.App.3d 729, 738, fn. 6.) Other documents influenced the expert advice provided to
the Town of Los Gatos staff or consultants, who then provided advice to the Planning Commission
as final decision makers . For that reason, such documents form part of the underlying factual basis
for the Town's decisions relating to approval of the project. (See Pub. Resources Code, § 21167.6,
subd. (e)(lO); Browning-Ferris Industries v. City Council of City of San Jose (1986) 181 Cal.App.3d 852,
866; StanislausAudubon Society, Inc. v. CountyofStanislaus(l995) 33Cal.App.4th144, 153, 155.)
V. Findings Required Under CEQA
Public Resources Code section 21002 provides that "public agencies should not approve projects as
proposed if there are feasible alternatives or feasible mitigation measures available which will
substantially lessen the significant environmental effects of such projects[.)" The same statute
provides that the procedures required · by CEQA "are intended to assist public agencies in
systematically identifying both the significant effects of projects and the feasible alternatives or
feasible mitigation measures which will avoid or substantially lessen such significant effects."
Section 21002 goes on to provide that "in the event [that] specific economic, social, or other
conditions make infeasible such project alternatives or such mitigation measures, individual projects
may be approved in spite of one or more significant effects thereof."
The mandate and principles announced in Public Resources Code section 21002 are implemented,
in part, through the requirement that agencies must adopt findings before approving projects for
which EIRs are required. 1bis mandate to adopt findings is found in Public Resources Code section
21081, subdivision (a), and CEQA Guidelines section 15091, subdivision (a). Under these
provisions, for each significant environmental effect identified in an EIR for a project, the approving
agency must issue a written finding reaching one or more of three permissible conclusions. The first
such finding is that changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified in the Final
EIR. The second permissible finding is that such changes or alterations are within the responsibility
and jurisdiction of another public agency and not the agency making the finding, and that such
changes have been adopted by, or can and should be adopted by, such other agency. The third
potential conclusion is that specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR (CEQA Guidelines, § 15091).
"[F)easible" means capable of being accomplished in a successful manner within a reasonable period
of time, taking into account economic, environmental, social, legal, and technological factors."
(CEQA Guidelines, § 15364)
7
Here, as set forth in Table A, CEQA Findings, the Planning Commission has adopted the first
permissible finding \\ith respect to all significant effects identified in the EIR, concluding that all
such effects can be mitigated to less-than-significant levels. The Planning Commission therefore has
no need to consider the feasibility of any project alternatives. (Pub. Resources Code,§ 21002; Laurel
Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 521 (Laurel Hills); see also
Kings County Fann Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731; and Laurel Heights
Improvement Association v. Regents of the University of California ( 1988) 4 7 Cal.3d 3 7 6, 400-403.)
Under CEQA, where the significant impacts of a project cannot be avoided or substantially lessened,
either by mitigation measures or a project alternative , a public agency , after adopting proper
findings, may nevertheless approve the project if the agency first adopts a "statement of overriding
considerations" setting forth the specific reasons that the agency found the project's benefits
outweigh its unavoidable adverse environmental effects (CEQA Guidelines, § 15093; Pub.
Resources Code, § 21081, subd. (b)). Here, however, as noted above, the Town of Los Gatos has
identified and adopted feasible mitigation measures that mitigate all significant environmental
impacts of the project to less-than-significant levels. Thus, just as the Town is not required to address
the feasibility of alternatives! the Town is also not required to adopt a Statement of Overriding
Considerations for the project.
The Town recognizes the Final EIR incorporates information obtained and produced after the Draft
EIR was completed, and that the Final EIR contains additions, clarifications, and modifications.
The Town has reviewed and considered the Final EIR and all of this information, and finds that the
Final EIR does not add significant new information to the Draft EIR that will require recirculation
of the EIR under CEQA. The new information added to the EIR does not in\·olve a new significant
environmental impact, a substantial increase in the severity of an environmental impact, or a feasible
mitigation measure or alternative considerably different from others previously analyzed that the
project sponsor declines to adopt and that will clearly lessen the significant environmental impacts of
the project. No information indicates that the Draft EIR was inadequate or conclusory or that the
public was deprived of a meaningful opportunity to review and comment on the Draft EIR. Thus,
recirculation of the EIR is not required. The Town finds that the changes and modifications made to
the EIR after the Draft EIR was circulated for public review and comment do not individually or
collectively constitute significant new information as described in Public Resources Code section
21092.1 or the CEQA Guidelines section 15088.5.
VI. Mitigation Monitoring and Reporting Program
Subdivision (a) of Public Resources Code section 21081.6 requires lead agencies to "adopt a
reporting and mitigation monitoring program for the changes to the project which it has adopted or
made a condition of project approval in order to mitigate or avoid significant effects on the
8
environment." For the project, the Town satisfied this obligation by preparing a Mitigation
Monitoring and Reporting Program (MMRP), which is included as Section 4 in the Final EIR. The
MMRP provides a list of all adopted project mitigation measures, identifies the parties responsible
for implementing such measures, and identifies the timing for implementation and monitoring of
each measure. The MMRP is being approved concurrently with the adoption of these Findings of
Fact.
VII. Significant Effects and Mitigation Measures
The Draft EIR identified a number of potentially significant environmental effects (or impacts)
caused or contributed to by the project. All of these effects can be mitigated to less than significant
levels through the adoption of feasible mitigation measures, all of which Town staff has determined
remain necessary, in unchanged form, for the project as approved. The project thus will not result in
any significant and unavoidable impacts . The Town of Los Gatos' findings with respect to the
project's significant and potentially significant effects and mitigation measures are set forth in the
table attached to these findings (Table A to CEQA Findings). The findings set forth in the table are
hereby incorporated herein by reference.
This table does not attempt to describe the full analysis of each environmental impact contained in
the Draft and Final EIRs. Instead, the table provides a summary description of each impact,
describes the applicable mitigation measures identified in the Draft EIR or Final EIR and adopted
by the Town of Los Gatos, and states the Town's findings on the significance of each impact after
imposition of the adopted mitigation measures. A full explanation of these environmental findings
and conclusions can be found in the Draft EIR and Final EIR, and these findings hereby incorporate
by reference the discussions and analyses in those documents supporting the Final EIR's
determinations regarding mitigation measures and the project's impacts and mitigation measures
designed to address those impacts. In making these findings, the Town of Los Gatos ratifies, adopts,
and incoiporates into these findings the analyses and explanations in the Draft EIR and Final EIR,
and ratifies, adopts, and incorporates in these findings the determinations and conclusions of those
documents relating to environmental impacts and mitigation measures, except to the extent any such
determinations and conclusions are specifically and expressly modified by these findings.
VIII. References
EMC Planning Group. Final EIR 401-409 Alberto Way. June 2016.
EMC Planning Group. Draft EIR 401-409 Alberto Way. April 2016.
Architectural Technologies. A Planning Application for 401-409 Alberto Way. February 2016.
9
Table A. Table of Impacts, Mitigation Measures, and CEQA F indings
Environmental
Impact
(Significance Before
Mitigation)
Mitigation Measure Significance
After
Mitigation
Findings of Fact
~~~~.~~~,...~--~=--~""' ... ~~--~~-~~~=--~~---=~--=---= ....... ~ ......... =~~~=-.... ~ .... .-.='"""--=----~--.... ~--~~ .... ~==---=~--~~--~----~~--~~-4
Air Quality
.... "S --·-· • __..... ..... , ........ .-::z.~.·~--~~--~---~--~ ... ,...-~-~=--~ .... -=--=--=--=--=--=--=--=--=--~---""4
Inconsistency with
Clean Air Plan (S)
AQ-1. Final plans for the proposed
building.-; on the site shall be amended to
include a requirement for low NOx
beating systems to be installed in new
buildings on the site.
AQ-2 . Final plans shall be amended to
include a requirement for the installation
of at least four electric charging stations
prior to occupancy, with parking rt.-stricted
to electric or plug-in hybrid vehicles, and
at least one handicapped space shall be
provided with acce ss to a charging station.
LTS Findings: Implementation of Mitigation Measures
AQ-1 and AQ-2 will reduce this impatt to a less-
than-significant level. Pursuant to Pub1i c Resources
Code Section 21081 (a) and CEQA Guidelines
Section 1509 I (a), the Town of Los Gatos hereby
directs that this Mitigation Measure be adopted. The
Town of Los Gatos, therefi.)re, finds that changes or
alterations have been required in, or incorporated
into, the project that avoid the significant
environmental cffo<..1s as identified in the EIR.
Explanation: The pn~jcct's site plan does not folly
address several of the control measure requirements
of the 2010 Clean /\ir Plan. Mitigation Measures
AQ-1 and AQ-2 require low NOx heating systems
and installation of eJcctric charging stations, which
wi11 implement the control measures lacking iu the
projctt's site plan and will eliminate conflicts with
the 2010 Clean Air Plan.
~ ........._.___ _1-.,. _______ .L--------···-·----
Environmental Mitigation Measure Significance Findings of Fact
Impact After
(Significance Before Mitigation
Mitigation)
(DEIR pp. 3-35 and 3-36)
Construction Dust AQ-3 . The project contractor shall LTS Findings: Implementation of Mitigation Measure
Adjacent to Sensitive implement basic dust control measures at AQ-3 will reduce this impact to a less-than-
Receptors (S) all on-site and off-site locations where significant level. Pursuant to Public Resources Code
grading or excavation takes place. The Section 2108l(a) and CEQA Guidelines Section
project contractor shall implement 15091 (a), the Town of Los Gatos hereby directs that
additional dust control measures at all on-this Mitigation Measure be adopted. The Town of
site and off-site locations where grading or Los Gatos, therefore, finds that changes or
excavation takes place within 200 feet of alterations have been required in, or incorporated
residential properties. into, the project that avoid the significant
Basic dust control measures: environmental effects as identified in the EIR.
a. All exposed surfaces (e.g., parking Explanation: Construction of the project will take
areas, staging areas, soil piles, graded place adjacent to existing residences to the project
areas, and unpaved access roads) shall be site and will result in dust emissions (particulate
watered two times per day; matter) that could affect residents in this area.
b. All haul trucks transporting soil,
Mitigation Measure AQ-3 provides controls to limit
sand, or other loose material off-site shall
dust from construction from being transported off-
be covered; site via wind erosion of unpaved surfaces or through
soils tracked-out onto paved roads where particulate
c. All visible mud or dirt track-out matter could enter the air through the motion of
onto adjacent public roads shall be passing cars and trucks. Th.us, AQ-3 will reduce
removed using wet power vacuum street impacts related to construction dust to a less-than-
Environmental Mitigation Measure Significance Findings of Fact
Impact After
(Sigo ificancc Before Mitigation
Mitigation)
~-.---~-~-...=~~ ~-~ .... -=-~ ..... ---r.< .. ~---~~.-.-.-.a-_.........~-..... _._-:. ~""'~~·.-.::..-:.--.'1.2>• .._...= .. ~~~~ ... ~;...i__..~..s_.1E!-.,,._-...;.-....= ..
sweepers at le<L<;t once per day. The use of significant level.
dry power sweeping is prohibited; (DElR, pp. 3-37-3-38.)
d. All vehide speeds on unpaved
road<; shall be limited to 15 mph;
c. All roadways, driveways, and
sidewalks to be paved shall be completed
a'> soon as possible. Building pads shall be
laid as soon as possible after grading
unless seeding or soil binders arc used;
and
f. The projec't contnwtor shall
designate a "disturbance coordinator"
responsible for responding to any locaJ
complaints regarding dust <.:omp1aints . The
project contrac'tor will post a publicly
visible sign with a contact telephone
number for the disturbance coordinator.
The di~1urbance coordinator shall respond
and take corre(.tion action for any
complaint received with 48 hours. The Air
District's phone number shall also be
visible to ensure compliance with
Environmental Mitigation Measure Significance Findings of Fact
Impact After
(Significance Before Mitigation
Mitigation)
applicable regulations.
g. All excavation, grading, and/ or
demolition activities shall be suspended
when average wi nd speeds exceed 20
mph;
h. Vegetative ground cover (e.g., fast-
germinating native grass seed) shall be
planted in disturbed areas as soon as
possible and watered appropriately until
vegetation is established; and
1. Unpaved roads shall be treated
with a three to six inch compacted layer of
wood chips, mulch, or gravel.
Biological Resources
Disturbance of Nesting BI0-1. If noise generation, ground LTS Findings: Implementation of Mitigation Measure
Birds (PS) disturbance, vegetation removal, or other BI0-1 will reduce this impact to a less-than-
construction activities begin during the significant level. Pursuant to Public Resources Code
nesting bird season (February 1 to August Section 21081(a) and CEQA Guidelines Section
31 ), or if construction activities are 15091 (a), the Town of Los Gatos hereby directs that
suspended for at least two weeks and this Mitigation Measure be adopted. The Town of
recommence during the nesting bird Los Gatos, therefore, finds that changes or
Environmental Mitigation M.casurc Significance Findings of Fact
Jmpact After
(SignHicance Before Mitigation
Mitigation)
:iTt~rat~~h;~~~ rc~~7j;-~~~t~'d"'-·-~t"'ll!:;" ... ~~~~~···= ~-......... -~-.-.:a.--=::.-...-...~-...... ~--... ~~----.---.~-~.::r.~ ~--·--.-=--.:.w.~--'\A'i: ... ~
season, then the project. developer shall
retain a qualified bioJogist to condm.t a into, the projec.t that avoid the sib'llificaut
pre-construction survey for nesting hirds. c.nvironmcntal effects as identified in the ElR.
The survey shall be performed within Explanation: Construction activities pcrt'brmcd
suitable nesting habitat areas on and during nesting bird season could result in the dircc.1.
adjacent to the site to <.'nsure that no active loss of nest.s, including eggs and young, or the
nest') would be di!lturbed during prqjec.t abandonment of an active nest. Mitigation Measure
implementation. This survey shall be m 0-1 provides measures to reduce direct and
conduc.tcd no more than two weeks prior indirec.t disturbance of active bird nests during
to the initiation of construction of the project, thus reducing impacts to
disturbance/ construction activities. /\ nesting birds to a less-than-significant level.
report documenting survey result-; and (DEJR, p . 3-57.)
plan for attive bird nest avoidance (if
needed) shall be completed by the
qualified biologist and submitted to the
Town of Los Gatos for review and
approval prior to disturbance and/ or
construct.ion activities.
If no active bird nests are dctec..1cd during
the survey, then project: activities can
proceed as scheduled. However, if an
active bird nest of a native species is
Environmental Mitigation Measure Significance Findings of Fact
Impact After
(Significance Before Mitigation
Mitigation)
detected during the suivey, then a plan for
bird nest avoidance shall be prepared to
determine and clearly delineate an
appropriately-sized, temporary protective
buffer area around each active nest,
depending on the nesting bird species,
existing site conditions, and type of
proposed disturbance and/ or construction
activities. The protective buffer area
around an active bird nest is typically 75-
250 feet, determined at the discretion of
the qualified biologist and in compliance
with applicable project permits.
To ensure that no inadvertent impacts to
an active bird nest will occur, no
disturbance and/ or construction activities
shall occur within the protective buffer
area(s) until the juvenile birds have
fledged (left the nest), and there is no
evidence of a second attempt at nesting, as
determined by the qualified biologist.
Cultural Resources
"Environmental Mitigation Measure Significance Findings of Pact
Impact After
(Significance Before Mitigation
Mitigation)
-·QOl'~~-----=-=-,;::-,.-~_,,..._.,e-..=-----~-·-~~~..-...~ ......... ~~~=~ --~~-~ .......
Disturbance of CU-1 . Prior to tht~ issuance of a grnding LTS Findings: Jmplcmcntation of Mitigation Measure
Archaeological permit, the projec.1's grading plan shall CR-I will reduce this impact to a less-than-
Resources (PS) indicate the requirement for a qualified significant level. Pursuant to Public Resources Code
archaeologist to be present at all times Sect.ion 2108l(a) and CEQA Guidelines Section
during grading and excavation activities I 5091 (a), the Town of Los Gatos hereby dire(..1.s that
on the project site. If archaeological this Mitigation Measure be adopted. The Town of
resources arc uucovercd, work will not Los C ratos, therefore, finds that changes or
continue until the resources have been alterations have been required in, or incorporated
removed and/ or recorded. The Planning into, the project that avoid the significant
Division of the Community Development environmental effects as identified in the EIR.
Department shall be responsible for Explanation: Because unknown significant buried
ensuring the implementation of these archaeological 1 resources could be located on the
mitigation measures. Costs shall be the projctt site, and the project involves deep
responsibility of the dcvcloper(s). excavations, the potential exists for disturbance of
these resources during grading or excavation
activities. Mitigation Measure CR-1 will require
monitoring by a qualified archcologist during
grading and excavation and in the event of a
discovery of an archeologi<.'al resource, work is to be
halted until the resource(s) have been removed
and/ or recovered. Thus, the potentially significant
impac.1 to archaeological resources will he reduced to
·----~-· ·--
Environmental Mitigation Measure Significance Findings of Fact
Impact After
(Significance Before Mitigation
Mitigation)
a less-than-significant level.
(DEIR, pp. 3-72-3-73.)
Disturbance of Human CR-2. If human remains are found during LTS Findings: Implementation of Mitigation Measure
Remains (PS) construction activities, no further CR-2 will reduce this impact to a less-than-
excavation or disturbance of the site or significant level. Pursuant to Public Resources Code
any nearby area reasonably suspected to Section 21081(a) and CEQA Guidelines Section
overlie adjacent human remains shall 15091 (a), the Town of Los Gatos hereby directs that
occur until the archeological monitor and this mitigation measure be adopted. The Town of
the coroner of Santa Clara County are Los Gatos, therefore, finds that changes or
contacted. If it is determined that the alterations have been required in, or incorporated
remains are Native American, the coroner into, the project that avoid the significant
shall contact the Native American environmental effects as identified in the EIR.
Heritage Commission within 24 hours. Explanation: The project site is not known to
The Native American Heritage contain human remains, but excavation during
Commission shall identify the person or construction of project improvements could result in
persons it believes to be the most likely disturbance of unknown human remains. Mitigation
descendent (MLD) from the deceased Measure CR-2 requires that excavation or
Native American . The MLD may then disturbance of the site be halted if human remains
make recommendations to the landowner are found during construction activities until a
or the person responsible for the qualified archaeological monitor and coroner are
excavation work, for means of treating or contacted. Mitigation Measure CR-2 also includes
disposing of, with appropriate dignity, the specific requirements if the remains are determined
Environmental Mitigation Measure Significance Findings of Fact
Impact After
(Significance Before Mitigation
Mitigation)
.~..-~-~-~.-=:-..z-~=-:----;r. ~ ........ ~.-~~·~J~~..ca.;:"=""l l''f"l"1P', 'Jl.~~,.--=~--;;.'9 ~_,,--~::-~.-·~---.·~~-~...,.,.....-1".= ....... ~~=----~==;:o:...-a:.: ___ ._......,;i19
human remains and associated grave to be Native American including contat.ting the
goods as provided in Public Resources Native American Heritage Commission. Thus,
Code section 5097.98. The landowner or implementation Mitigation Measure CR-2 will
his authorized representative shaJl rebury reduce the potential impacts to human remains to a
the Native American human remains and less-than-significant level.
a'isodated grave goods with appropriate (DEIR, pp. 3-73-3-74.)
dignity on the property in a location not
subject to further cfo;t:urbance if: a) the
Native American Heritage Commission is
unable to identify a MLD or the MLD
failed to make a recommendation within
24 hours a1lcr being notified by the
commission; b) the descendent identified
fa.its to make a recommendation; or c) the
landowner or his authorizt~d
representative rejects the recommendation
of the descendent, and the mediation by
the Native Amt..'Tican Heritage
Commission fails to provide measures
acct.t>tablc to the landowner.
The Planning DivL'iion of the Community
Development Dcpartmrnt shall be
-= --
Environmental Mitigation Measure Significance Findings of Fact
Impart After
{Significance Before Mitigation
Mitigation)
responsible for ensuring the
implementation of these mitigation
measures. Costs shall be the responsibility
of the developer{s)
Geology and Soils
Susceptibility to GE0-1. Prior to the approval of building LTS Findings: Implementation of Mitigation Measure
Seismic Ground permits for the project site, the applicant GEO-I will reduce this impact to a less-than-
Shaking and shall be responsible for demonstrating to significant level. Pursuant to Public Resources Code
Liquefaction {PS) the approval of the Building Official that Section 21081{a) and CEQA Guidelines Section
proposed design plans are in conformance 15091 (a), the Town of Los Gatos hereby directs that
with all current California Building Ccxie this Mitigation Measure be adopted. The Town of
standards and that all design measures and Los Gatos, therefore, finds that changes or
site preparation recommendations as alterations have been required in, or incorporated
suggested in the project's geotechnical into, the project that avoid the significant
exploration report prepared by ENGEO environmental effects as identified in the EIR.
{2015) have been incorporated into the Explanation: Ground shaking from earthquakes
project's final design. could be very strong within the region and thus at
the project site . The project site is located in an area
identified in the General Plan EIR and the Seismic
Hazards Zone Map as a seismically-induced
liquefaction zone; thus, sufficiently strong seismic
Environmental Mitigation Mea.~urc Significance Findings of Fact
Impact After
(Significance Before Mitigation
Mitigation)
-...~~~-..=. ·-= ~-.."'T'l-=-.. ~~-..--~~=---s---:u a ~.~..z..a~-.-..~<:::':--..~~.._-u.,,....~-''. '" . . •
shaking could result in liquefaction . Building codes
and engineering standards have been developed to
address the threes to which buildings arc su~jectcd
during earthquakes, and buildings constructed in
accordance with these codes and standards should
withstand earthquakes without severe damage or
significant numbers of injuries or deaths. Mitigation
Measure GE0-1 requires the applicant to
demonstrative compliance with current California
Building Code Standards in addition to all
recommendations fmm the geotcchnical report
prepared for the prqjcct, thus, reducing potential
impacts to a less-than-significant level.
(DEIR, pp. 3-80-3-81.)
--·-·-·----·--·---.. ----------------·----···-·-
Soil lnstability due to GEO-I. Prior to the approval of building LTS Findings: Implementation of Mitigation Measure
Deep Excavations (PS) permits for the project site, the applicant GEO-I will reduce this impact to a less-than-
shall be responsible for demonstrating to significant level. Pursuant to Public Resources Code
the approval of the Huilding Oilicial that Section 2"1081(a) and CEQA Guidelines Section
proposed design plans arc in conformance 15091 (a), the Town of Los Gatos hereby dire{.1S that
with all current California Building Code this Mitigation Measure be adopted. The Town of
standard.:; and that all design measures and 1 Los Clatos, therefore, finds that changes or
____________ ~~c preparation recommendations as L alterations have been required in, or incorporated __
Environmental Mitigation Measure Significance Findings of Fact
Impact After
(Significance Before Mitigation
Mitigation)
suggested in the project's geotechnical into, the project that avoid the significant
exploration report prepared by ENGEO environmental effects as identified in the EIR.
(2015) have been incorporated into the Explanation: The project site is not located within,
project's final design. or near, a landslide hazard area, nor areas of other
known soil instability. However, due to the large
amount of excavation for the project there is the
potential for soil instability. Mitigation Measure
GE0-1 requires implementation of the project's
geotechnical report recommendations including
adequate drainage for retaining walls, backfill
specifications for wet sites, temporary shoring and
dewatering measures, etc. Implementation of these
measures during the construction and design process
will reduce potential impacts related to soil
instability to a less-than-significant level.
(DEIR, pp. 3-80-3-81.)
Susceptibility to GE0-1. Prior to the approval of building LTS Findings: Implementation of Mitigation Measure
Expansive Soils (S) permits for the project site, the applicant GE0-1 will reduce this impact to a less-than-
shall be responsible for demonstrating to significant level. Pursuant to Public Resources Code
the approval of the Building Official that Section 21081(a) and CEQA Guidelines Section
proposed design plans are in confonnance 15091 (a), the Town of Los Gatos hereby directs that
with all current California Building Code this Mitigation Measure be adopted. The Town of
Environmental
Impact
(Significance Before
Mitigation)
Mitigation Measure Significance
After
Mitigation
Finding.4i of Fact
~~~ ·-·-~ ·---~~,~~~·,-. 1-'-~,----"'=--~··· ~-~~ "--standards and that all design measures and Los Gatos, therefore, find-; that changes or
site preparation recommendations as alterations have been required in, or incorp.oratcd
suggested in the projcc.1's gcotechnical into, the pn~ject that avoid the significant
exploration report prepared by EN GEO . environmental effects as identified in the EIR.
(2015) have been incorporated into the
pn~ject's final design.
Explanation: Testing preformed during the pn~jcct's
geotcchnical explomtion indicated a moderate
expansive potential of project site soil<>. Mitigation
Measure GE0-1 requires implementation of the
projec..t's geotedmical report recommendations
induding adequate drainage for retaining walls,
backfill specifications for wet sites, temporary
shoring and dewatcring measures, etc.
Implementation of these measures during the
construction and design process of the pn~jecl
reduces potential impacts rdatcd to expansive soils
to a less-than-significant lcvcL
(DEIR, pp. 3-80-3-81-)
~~---~---~~~--·~~~~~~~~~~~~~~~~~--.l-~~~~~~~~L-~~~~_:_~~~
Hazards and Hazardous Materials
1--·-·-•·--·-\. ···~----'-r"="""""'"'~~---~~J..-.~·--··-= .. -.-;,.. -.~ -·-----·-
Potential to Release
Tfazardous Materials
into the Environment
HAZ-1.Prior to any demolition activities
on the projcc..t site, an asbestos and lcad-
bascd paint survey shall he performed to
LTS Findings: Implementation ofMitigation Measure
1 IAZ-1 will reduce this impac.1 to a less-than-
significant level. Pursuant to Public Resources Code
b:: _ ' • -· ._.,.,............,,... __ ---.-~~•• -...l~r~.1•=.:: .. 11s.:~·~--...~--w.·-..:--.•.-..-. ._ .... I.._ • .._..,......:.&A~W ----!'-.-..... =™r~-.I
Environmental Mitigation Measure Significance Findings of Fact
Impact After ·
(Significance Before Mitigation
Mitigation)
(PS) determine if any additional waste removal Section 2108l(a) and CEQA Guidelines Section
activities would be required. The selected 15091 (a), the Town of Los Gatos hereby directs that
project contractor shall implement all site this Mitigation Measure be adopted. The Town of
specific measures and recommendations Los Gatos, therefore, finds that changes or
identified within the site's asbestos and alterations have been required in, or incorporated
lead-based survey. Compliance with the into, the project that avoid the significant
asbestos and lead-based paint survey environmental effects as identified in the EIR.
during site demolition activities shall be Explanation: The existing office buildings may
demonstrated to the satisfaction of the contain asbestos and/ or lead-based paint which
Town Engineer. could be released into the environment during
demolition. Mitigation Measure HAZ-1 requires an
. asbestos and lead-based paint survey to be
completed prior to any demolition activities and, if
present, implementation of recommendations
contained therein, which will reduce potential
impacts related to the release of hazardous materials
to a less-than-significant level.
(DEIR, p. 3-105.)
Traffic and Transportation
Potential to Increase T-3 Off-site improvement plans shall LTS Findings: Implementation of Mitigation Measure T-
Hazards due to Design show that parking on southbound Alberto 3 will reduce this impact to a less-than-significant
Environmental
Impact
(Significance Befhrc
Mitigation)
Mitigation Measure Significance
After
Mitigation
.Findings of Pact
~~---·-··-~~-~~·~P.-~ · ~r~~=-""n·-~---~~~~~~-~~==~~--~=~·=-~ Features Based on Site Way between the two project driveways level. Pursuant tu Public Resources Code Section
A ccess and Site shall be prohihited to ensure sight distance 2108 l(a) and CEQA Guidelines Section 15091 (a),
Distance (S) is not obscured. the Town of Los (I atos hereby directs that this
Mitigation Measure be adopted . The Town of Los
Gatos, therefore, finds that changes or alterations
have been required in, or incorporated into, the
projc(t that avoid the significant environmental
eftccts as identified jn the EIR.
Explanation: Parked vehicles block drivers' views at
the south exit-only driveway, thereby obstruc.ting
visibility of southbound vehicles on Alberto Way,
and block drivers' views of northbound vehicles at
the north full-access driveway. Implementation of
Mitigation Measure T-3 wiH prohibit parking
between the two proj el.t driveways thereby reducing
potential ha:t.ards related to blocked drivers' visibility
to a less-than-si!.,111ificant level.
·-·· ...... J----·--------··--· ----·-···-----·-···---.L..··-·------·-··--·'--·----·-···-----··-------..-· ·····--·--·····
Notes: 1.:rs -Le ss-Than-Significant PS ==-Potent ially SigniJkant S ~: Significant -·--· ····-·-·----·---. -····· ... --------··--··-----.----·· . ·-·-----------------------------------------------
Source: E MC P lanning Group Inc. 2016
PLANNING COMMISSION – December 13, 2017
CONDITIONS OF APPROVAL
401-409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
Environmental Impact Report EIR-16-001
Requesting approval to demolish three existing office buildings and construct a new,
two-story office building with underground parking on property zoned CH. APN 529-
23-018.
APPLICANT: Shane Arters, LP Acquisitions, LLC
PROPERTY OWNER: CWA Realty
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 and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business ope ration shall be approved by the
Community Development Director, DRC or the Planning Commission 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. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
4. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los
Gatos Community Development Department must be obtained prior to commencement
of use.
5. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department
must be obtained prior to the commencement of any new or change of use.
6. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year, the approval lapses pursuant to
Section 29.20.340 of the Zoning Ordinance.
7. VIEW GLASS: View glass shall be used in all second floor windows on the northern facing
façade
8. LEED CERTIFICATION: Prior to building permit issuance the applicant shall submit a
complete LEED for New Construction checklist showing the project is designed to meet a
LEED Gold level.
9. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjac ent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
EXHIBIT 6
10. OPEN SPACE ACCESS: The open space shown in the development plans shall be made
available for use by the public.
11. SURFACE PARKING ACCESS: The surface parking spaces shown in the development plans
shall be made available for use by the public outside of the stated normal business hours
of 7 AM to 6 PM, Monday through Friday.
12. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the sit e.
13. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
14. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, identified in the Arborist’s report dated
September 26, 2015, on file in the Community Development Department. A Compliance
Memorandum shall be prepared by the applicant and submitted with the building permit
application detailing how the recommendations have or will be addressed. These
recommendations must be incorporated in the building permit plans, and completed prior
to issuance of a building permit where applicable.
15. TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Refer to tree fencing requirements and other
protection measures identified in the Arborist Reports prepared by Deborah Ellis dated
September 26, 2015, on file in the Community Development Department. Include a tree
protection plan with the construction plans.
16. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
17. WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
18. LANDSCAPING: Prior to issuance of a Certificate of Occupancy all landscaped must be
complete.
19. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
20. AIR QUALITY 1: Final plans for the proposed buildings on the site shall be amended to
include a requirement for low NOX heating systems to be installed in new buildings on the
site.
21. AIR QUALITY 2: Final plans shall be amended to include a requirement for the installation
of at least four electric charging stations prior to occupancy, with parking restricted to
electric or plug-in hybrid vehicles, and at least one handicapped space shall be provided
with access to a charging station.
22. AIR QUALITY 3: The project contractor shall implement basic dust control measures at all
on-site and off-site locations where grading or excavation takes place. The project
contractor shall implement additional dust control measures at all on-site and off-site
locations where grading or excavation takes place within 200 feet of residential
properties.
Basic dust control measures:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered;
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited;
d. All vehicle speeds on unpaved roads shall be limited to 15 mph;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used; and
f. The project contractor shall designate a "disturbance coordinator” responsible for
responding to any local complaints regarding dust complaints. Th e project contractor
will post a publicly visible sign with a contact telephone number for the disturbance
coordinator. The disturbance coordinator shall respond and take correction action for
any complaint received with 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
g. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed 20 mph;
h. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established; and
i. Unpaved roads shall be treated with a three to six inch compacted layer of wood chips,
mulch, or gravel.
23. BIOLOGY 1: If noise generation, ground disturbance, vegetation removal, or other
construction activities begin during the nesting bird season (February 1 to August 31), or if
construction activities are suspended for at least two weeks and recommence during the
nesting bird season, then the project developer shall retain a qualified biologist to conduct
a pre-construction survey for nesting birds. The survey shall be performed within suitable
nesting habitat areas on and adjacent to the site to ensure that no active nest s would be
disturbed during project implementation. This survey shall be conducted no more than
two weeks prior to the initiation of disturbance/construction activities. A report
documenting survey results and plan for active bird nest avoidance (if needed ) shall be
completed by the qualified biologist and submitted to the Town of Los Gatos for review
and approval prior to disturbance and/or construction activities.
If no active bird nests are detected during the survey, then project activities can procee d
as scheduled. However, if an active bird nest of a native species is detected during the
survey, then a plan for bird nest avoidance shall be prepared to determine and clearly
delineate an appropriately-sized, temporary protective buffer area around each active
nest, depending on the nesting bird species, existing site conditions, and type of proposed
disturbance and/or construction activities. The protective buffer area around an active
bird nest is typically 75-250 feet, determined at the discretion of the qualified biologist
and in compliance with applicable project permits.
To ensure that no inadvertent impacts to an active bird nest will occur, no disturbance
and/or construction activities shall occur within the protective buffer area(s) until the
juvenile birds have fledged (left the nest), and there is no evidence of a second attempt at
nesting, as determined by the qualified biologist.
24. CULTURAL RESOURCES 1: Prior to the issuance of a grading permit, the project’s grading
plan shall indicate the requirement for a qualified archaeologist to be present at all times
during grading and excavation activities on the project site. If archaeological resources are
uncovered, work will not continue until the resources have been removed and/or
recorded. The Planning Division of the Community Development Department shall be
responsible for ensuring the implementation of these mitigation measures. Costs shall be
the responsibility of the developer(s).
25. CULTURAL RESOURCES 2: If human remains are found during construction activities, no
further excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains shall occur until the archeological monitor and the
coroner of Santa Clara County are contacted. If it is deter mined that the remains are
Native American, the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided in Public
Resources Code section 5097.98. The landowner or his authorized representative shall
rebury the Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturban ce if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being notified by the commission; b) the
descendent identified fails to make a recommendation; or c) the landowne r or his
authorized representative rejects the recommendation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide measures
acceptable to the landowner.
The Planning Division of the Community Development Department shall be responsible
for ensuring the implementation of these mitigation measures. Costs shall be the
responsibility of the developer(s).
26. GEOLOGY & SOILS 1: Prior to the approval of building permits for the project site, the
applicant shall be responsible for demonstrating to the approval of the Building Official
that proposed design plans are in conformance with all current California Building Code
standards and that all design measures and site preparation recommendations as
suggested in the project’s geotechnical exploration report prepared by ENGEO (2015)
have been incorporated into the project’s final design
27. HAZARDS AND HAZARDOUS MATERIALS 1: Prior to any demolition activities on the project
site, an asbestos and lead-based paint survey shall be performed to determine if any
additional waste removal activities would be required. The selected project contractor
shall implement all site specific measures and recommendations identified within the
site’s asbestos and lead-based survey. Compliance with the asbestos and lead-based paint
survey during site demolition activities shall be demonstrated to the satisfaction of the
Town Engineer.
28. TRANSPORTATION & TRAFFIC 1: Prior to the issuance of a building permit for construction
of the proposed project on the site, the applicant shall enter into a construction
agreement with the Town of Los Gatos to implement improvements for the restriping of
Alberto Way to include a dedicated right-turn lane and a shared left-through lane. Costs
for these improvements will be determined by the Town’s traffic consultant.
29. TRANSPORTATION & TRAFFIC 2: Prior to the issuance of a building permit for construction
of the proposed project on the site, the applicant shall enter into a construction
agreement with the Town of Los Gatos to provide a bike box on Alberto Way at the
intersection with Los Gatos-Saratoga Road, as well as the detached sidewalks with a
landscape buffer on Alberto Way along the project site frontage, and on the north side of
Los Gatos-Saratoga Road between Alberto Way and the State Route 17 northbound on-
ramp.
30. TRANSPORTATION & TRAFFIC 3: Off-site improvement plans shall show that parking on
southbound Alberto Way between the two project driveways shall be prohibited to
ensure sight distance is not obscured.
31. 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.
32. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
33. PERMITS REQUIRED: A separate Building Permit will be required for the two level Parking
Garage podium structure and a separate Building Permit shall be required for each
office/commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
34. 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.
35. SIZE OF PLANS: Four sets of construction plans, size 24” x 36” minimum, 30” x 42”
maximum.
36. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
37. 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.
38. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications and
Bay Area Air Quality Management District Applications from the Building Department
Service Counter. Once the Demolition Forms have been completed, all signatures
obtained, and written verification from 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 from the Town.
39. SHORING: Shoring plans and calculations will be required for all excavations which exc eed
four (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 regulation s.
40. 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
41. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed) onto a sheet of the plans.
42. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 -inches above the
elevation of the next upstream manhole.
43. FIRE ZONE: This project will require Class A Roof Assemblies.
44. 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
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
45. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara
County Valley Nonpoint Source Pollution Control Program Sh eet (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.
46. 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 require
recertification of the project’s storm water treatment facilities prior to release of the
Building Permit.
47. GREEN BUILDING STANDARDS: This project must, at a minimum, be in compliance with
the Nonresidential Mandatory Measures of the current California Green Building
Standards Code (CGBSC) and all subsequent Amendments.
a. Bicycle Parking: Per CGBSC Section 5.106.4.1.1 provide twenty (20) permanently
anchored bicycle racks (= 5% of motorized vehicle parking) for short-term bicycle
parking or ten (10) two-bike capacity racks. Per CGBSC Section 5.106.4.2 provide
secure bicycle lockers for twenty (20) bicycles (= 5% of motorized vehicle parking).
Note: Providing showers, changing rooms, and clothes lockers in each building is a
voluntary amenity to be considered.
b. Designated Parking: Per CGBSC Section 5.106.5.2 provide designated parking for any
combination of low-emitting, fuel-efficient, and carpool/van pool vehicles as shown in
Table 5.106.5.2 which equals 8% of the proposed parking or a minimum of 32 spaces.
c. Electric Vehicle Charging Stations: Per CGBSC Section 5.106.5.3, during construction
provide electric vehicle supply equipment and electrical components as listed to
facilitate the future installation of (or provide for during construction) electric vehicle
charging stations. Per CGBSC Table 5.106.5.3.3, 12 electric vehicle charging stations
spaces are required for this project or 3% of the total parking spaces.
48. 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
from each tunnel or walkway must be accessible.
49. 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.
50. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development/Planning Division: Jennifer Armer at (408) 399-5706
b. Engineering/Parks & Public Works Department: Mike Weisz at 395-5340
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
f. 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.
51. ADVISORY COMMENTS:
a. Allowable Area calculations shall be provided for each building per California Building
Code Chapter 5.
b. Per California Building Code Section 1027.5 Exit Discharge Access to a public way, from
the Shared Courtyard Amenity Area, it appears that there will be difficulty providing a
direct and unobstructed access to the public way or the ability to provide a safe
dispersal area in compliance with the Exception requirements.
c. For the balconies, the occupant load will be calculated at 15 square feet per occupant.
Please consider dividing the balconies with permanent railings to limit the balcony
areas to less than 750 square feet in order to avoid the requirement for two compliant
exits in anticipation of unknown future tenant improvement layouts.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
52. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right -of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction 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 th e street will not be allowed
unless an encroachment permit is issued by the Engineering Division of the Parks and
Public Works Department. 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 issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Developer's expense.
53. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the To wn Engineer.
54. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Developer to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and Electric
(PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of
Transportation (Caltrans). Copies of any approvals or permits mu st be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing
any permit.
55. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
the Town on a yearly basis. In addition to general coverage, the policy must cover all
elements encroaching into the Town’s right-of-way.
56. PUBLIC WORKS INSPECTIONS: The Developer or their representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right -of-way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
57. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of the 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. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and sha ll comply with all Title 24
Disabled Access provisions. The Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
58. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The
property owner shall enter into an agreement with the Town for all existing and proposed
private improvements within the Town’s right-of-way. The Owner shall be solely
responsible for maintaining the improvements in a good and s afe condition at all times
and shall indemnify the Town of Los Gatos. The agreement must be completed and
accepted by the Director of Parks and Public Works, and subsequently recorded by the
Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of
any permits. Please note that this process may take approximately four (4) weeks.
59. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
60. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and/or 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.
61. 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.
62. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any permits.
63. PUBLIC WORKS INSPECTOR: The Developer shall fund a full time public works inspector,
selected by the Town of Los Gatos, for the duration of the grading operations. The
Applicant will be charged on a time and materials basis. A deposit for the full amount, to
be estimated by the Town based on the Contractor’s approved schedule, shall be paid
prior to issuance of the demolition permit.
64. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Applicant.
65. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading permit application (with grading plans) shall be made to
the Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall location(s),
driveway, utilities and interim erosion control. Grading plans shall list earthwork
quantities and a table of existing and proposed impervious areas. Unless specifically
allowed by the Director of Parks and Public Works, the grading permit will be issued
concurrently with the building permit. The grading permit is for work outside the building
footprint(s). A separate building permit, issued by the Building Department on E. Main
Street, is needed for grading within the building footprint.
66. DRIVEWAY: The driveway conforms to existing pavement on Alberto Way shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
67. DRAINAGE STUDY: Prior to the issuance of any grading permits, a drainage study of the
project evidencing that the proposed drainage patterns will not overload the existing
storm drain facilities shall be submitted to and approved by the Town Engineer.
68. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits,
whichever comes first, the Applicant shall: a) design provisions for surface drainage; and
b) design all necessary storm drain facilities extending to a satisfactory point of disposal
for the proper control and disposal of storm runoff; and c) provide a recorded copy of any
required easements to the Town.
69. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
70. 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 th e
following items:
a. Retaining wall: top of wall elevations and locations.
b. Toe and top of cut and fill slopes.
71. 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 condit ions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencing any work, and that a copy of the
project conditions of approval will be posted on -site at all times during construction.
72. ON-SITE CONSTRUCTION ACTIVITIES: The Applicant shall make accommodations within
their construction documents to provide sufficient area for construction staging area(s),
materials storage area(s), construction trailer(s), and activities and materials pertaining to
construction staging, phasing, sequencing and shoring to occur to the greatest extent
possible within the boundary of the subject property. A plan for the layout of these items
shall be prepared as a part of the construction management plan for review and approval
by the Town prior to the issuance of any grading or building permits.
73. 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.
74. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any permits are issued:
a. Alberto Way: Right-of-way within Alberto Way for public street purposes as delineated
on the plans prepared by Kier & Wright shall be dedicated in fee.
b. Public Service Easement (PSE): Five (5) feet wide, along the Alberto Way frontage.
75. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
76. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be
conducted for the project to determine the surface and sub -surface conditions at the site
and to determine the potential for surface fault rupture on the site. The geotechnical
study shall provide recommendations for site grading as well as the design of foundations,
retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility
trenching and pavement sections. All recommendations of the investigation shall be
incorporated into project plans.
77. SOILS REVIEW: Prior to issuance of any permits, the Applicant’s engineers shall prepare
and submit a design-level geotechnical/geological investigation for review and approval
by the Town. 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.
Approval of the Applicant’s soils engineer shall then be conveyed to the Town either by
letter or by signing the plans.
78. 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 shall be documented in an “as-built” letter/report prepared by
the Applicant’s soils engineer and submitted to the Town before final release of any
occupancy permit is granted.
79. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design -level geotechnical/geological
investigation as prepared by the Applicant’s engineer(s), and any subsequently required
report or addendum. Subsequent reports or addendum are subject to peer review by the
Town’s consultant and costs shall be borne by the Applicant.
80. IMPROVEMENTS AGREEMENT: The Applicant shall enter into an agreement to construct
public improvements that are part of the development in a form acceptable to the Town
in the amount of 100% (performance) and 100% (labor and materials) prior to issuance of
any permit. The Applicant shall provide two (2) copies of documents verifying the cost of
the public improvements to the satisfaction of the Engineering Division of the Parks and
Public Works Department. A copy of the recorded agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department prior to the issuance of
any permit.
81. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town
prior to recordation of a map. The joint trench plans shall include street and/or site
lighting and associated photometrics. A letter shall be provided by PG&E stating that
public street light billing will by Rule LS2A, and that private lights shall be metered with
billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
82. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed and
approved prior to issuance of any permit.
83. WATER METER: The existing water meters, currently located within the Alberto Way right -
of-way, shall be relocated within the property in question, directly behind the public right-
of-way line. The Applicant shall repair and replace to existing Town standards any portion
of concrete flatwork within said right-of-way that is damaged during this activity.
84. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Developer.
Plans for those improvements shall be prepared by a California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance
Security and Labor & Materials Security before the issuance of a building permit or the
recordation of a map. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
a. Alberto Way:
i. Install new curb, gutter, detached sidewalk with landscaped planting strip, street
lights, signing, striping, and storm drainage as directed by the Town Engineer.
ii. Remove and replace the existing pavement section along the project frontage with
a traffic-appropriate engineered structural pavement section from centerline to
the lip of gutter on the project (west) side.
iii. Provide a 2-inch grind and overlay from centerline to the east side of the street/lip
of gutter.
iv. Provide two (2) travel lanes, an exclusive right-turn lane 210 feet in length and a
shared left-thru lane, and a bike lane exiting Alberto Way.
v. Provide a bike lane between the two travel lanes on southbound Alberto Way.
vi. Install a bike box on Alberto Way at the intersection with Los Gatos-Saratoga Road.
vii. Install ADA-compliant curb ramps at the intersection of Alberto Way and Los
Gatos-Saratoga Road.
b. Los Gatos-Saratoga Road:
i. Install new curb, gutter, detached sidewalk with landscaped planting strip, street
lights, signing, striping, and storm drainage as directed by the Town Engine er.
ii. Install ADA-compliant curb ramps for the pedestrian crosswalk on Los Gatos-
Saratoga Road at the SR-17 northbound on-ramp. Install high visibility crosswalk
stripes and pedestrian warning lights as approved by Caltrans.
iii. Provide a 2-inch grind and overlay from the median island to the new lip of gutter
along the project frontage.
iv. Widen the north side of Los Gatos-Saratoga Road and remove & replace the
existing median island along Los Gatos-Saratoga Road to provide for a future bike
lane and a left-turn pocket, 250 feet in length, for eastbound Los-Gatos Saratoga
Road traffic turning onto northbound Alberto Way.
v. Provide pedestrian crosswalk improvements crossing the California State Route 17
northbound on-ramp, such as high-visibility crosswalk stripes, rectangular rapid
flashing beacons, a yield line and/or appropriate signage, etc. as approved by
Caltrans and the Town Engineer.
85. GREEN INFRASTRUCTURE MEASURES: Projects which propose work within the Town’s
right-of-way, including but not limited to pavement restoration, street widening,
construction of curb, gutter and/or sidewalk, right -of-way dedication, etc., will be
evaluated by Staff to determine its potential for the implementation of Green
Infrastructure measures and associated improvements.
86. FRONTAGE IMPROVEMENTS: The Applicant shall be required to improve the project’s
public frontage to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), traffic signal(s),
street lighting (upgrade and/or repaint) etc. The improvements must be completed and
accepted by the Town before a Certificate of Occupancy for any new building can be
issued.
87. ADA COMPLIANCE: The Applicant shall be required to meet all ADA standards, which must
be completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued. This may require additional construction measures as directed by
the Town.
88. ON-STREET PARKING: On-street parking along the project’s Alberto Way frontage shall be
prohibited after the construction and installation of public improvements. Additionally,
new red curb shall be painted along the eastern curb of Alberto Way (northbound
direction) at the Best Western frontage.
89. UNDERGROUND PARKING GARAGE DRAINAGE: Water from the underground parking
garage shall not be discharged onto the public street. The Applicant shall design a floor
drainage system for the garage that collects all drainage and conveys runoff to the
sanitary sewer system. Connecting said drainage system to the storm drain system is not
permitted.
90. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain
stormwater runoff to vegetated drainage swales, filter strips, and/or other treatment
devices that can be integrated into required landscaping areas and traffic islands prior to
discharge into the storm drain system and/or public right-of-way. The amount of
impervious area associated with parking lots shall be minimized by utilizing design
features such as providing compact car spaces, reducing stall dimensions, incorporating
efficient parking lanes, and using pervious pavement where feasible. The use of
permeable paving for parking surfaces is encouraged to reduce runoff from the site. Such
paving shall meet Santa Clara County Fire Department requirements and be structurally
appropriate for the location.
91. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable television
service. The Applicant is required to obtain approval of all proposed utilit y alignments
from any and all utility service providers before a Certificate of Occupancy for any new
building can be issued. The Town of Los Gatos does not approve or imply approval for
final alignment or design of these facilities.
92. SIDEWALK REPAIR: The Developer shall repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. All new and existing
adjacent infrastructure must meet current ADA standards. Sidewalk repair shall match
existing color, texture and design, and shall be constructed per Town Standard Details.
New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified
that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole
expense and no additional compensation shall be allowed therefore. The limits of
sidewalk repair will be determined by the Engineering Construction Inspector during the
construction phase of the project. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
93. CURB AND GUTTER REPAIR: The Developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. All
new and existing adjacent infrastructure must meet Town standards. New curb and
gutter shall be constructed per Town Standard Details. New concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of
the project. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
94. DRIVEWAY APPROACH: The Developer shall install two (2) Town standard commercial
driveway approaches. The new driveway approaches shall be constructed per Town
Standard Plans and must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. New concrete shall be free of stamps,
logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall
be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore.
95. CURB RAMPS: The Developer shall construct one (1) curb ramp in compliance with ADA
Standards which must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. New concrete shall be free of stamps,
logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shal l
be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore.
96. CALTRANS APPROVAL: The Developer shall be responsible for obtaining design approval(s)
and construction encroachment permit(s) from Caltra ns for any improvements within the
Caltrans right-of-way.
97. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
98. FRONTAGE IMPROVEMENTS (SIGNALIZED INTERSECTION): The Applicant shall upgrade
existing traffic signals to current Town standards including, and may not be limited to:
a. LED vehicular and pedestrian signal indication
b. LED safety and intersection lighting
c. ADA-compliant pedestrian push buttons
d. 12” signal heads
e. Emtrac fire preemption device
f. Service pedestal
g. New service pedestal at intersection (remove the existing service pedestal at the
south end of the Best Western and install new conduit from the existing service to th e
new service pedestal)
h. Video detection system and cameras
i. Signal controller
j. Traffic signal interconnect
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
99. FRONTAGE IMPROVEMENTS (STREET LIGHTS): The Applicant shall replace existing street
light poles with new street light poles and LED light fixtures. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
100. TRAFFIC IMPROVEMENTS (LOS GATOS-SARATOGA ROAD/ALBERTO WAY INTERSECTION
IMPROVEMENT): Extend the left turn lane in eastbound Los Gatos -Saratoga Road to 250
feet in length. Re-construct the median island and necessary roadway configuration to
accommodate the extended left turn lane and to provide for future bike lane. Plans shall
be prepared by developer’s design consultants and submitted to Town Engineer for
approval prior to construction. Applicant is required to designate necessary right of way
for the required widening. The improvements must be completed and accepted by the
Town before a Certificate of Occupancy for any new building can be issued.
101. TRAFFIC IMPROVEMENTS (SIGNAL INTERCONNECT FROM ALBERTO WAY TO LOS GATOS
BOULEVARD): Install signal interconnect conduit from Alberto Way to the existing empty
conduit approximately 300 feet east of Alberto Way. Repair said existing empty conduit if
necessary and as directed by the Town Engineer. Install conduits at Los Gatos
Boulevard/Los Gatos-Saratoga Road as needed for entering existing controller cabinet.
Install new signal interconnect cable in the new and existing conduits from Alberto
Way/Los Gatos-Saratoga Road to the existing signal controller cabinet at Los Gatos
Boulevard/Los Gatos-Saratoga Road. Install necessary communication equipment inside
existing controller cabinets at Alberto Way/Los Gatos-Saratoga Road and Los Gatos
Boulevard/Los Gatos-Saratoga Road for transmitting controller data and live video. Install
necessary signal interconnect equipment to complete functional signal communication.
102. THIRD PARTY STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Developer shall
pay a fee in the amount of $3,000.00 for Town’s inspection of street lights and traffic
signal-related work installed by the Developer. The fees shall be due at time of building
permit application.
103. TRANSPORTATION MANAGEMENT PLAN (TDM): The Developer shall prepare a
Transportation Demand Management Plan for the Town of Los Gatos approval prior to
the issuance of a building permit. The TDM shall include the measures such as and not
limited to bicycle facility provisions, shower facilities, transit passes and subsidies, carpool
incentive, designated car share parking, shower and changing rooms, cash incentives,
transit passes and subsidies, carpool incentives, reserved car share parking, guaranteed
ride-home, etc., an annual monitoring report, and other measures that may be required
by the Town Engineer. The TDM shall also include a TDM coordinator and identify the
requirement and targets for an annual TDM effectiveness report to the Town of Los
Gatos.
104. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s traffic impact policy.
105. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit is issued. The fee shall be paid before issuance of a
building permit. The traffic impact mitigation fee for this project using the current fee
schedule is estimated at $526,768.00. The final fee with credits for complete street
improvements along Los Gatos-Saratoga Road shall be calculated from the final plans
using the rate schedule in effect immediately prior to building permit issuance.
106. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’s rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of
a street which abuts property in a residential zone without prior to approval from the
Town Engineer.
107. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public (Town) streets
without written approval from the Town Engineer.
108. TRAFFIC CONTROL PLAN: A traffic control plan is required and mu st be submitted and
approved prior to any work in the public right-of-way. This plan shall include, but not be
limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All
flag persons shall have the capability of communicating with each other to coordinate
the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
109. CALTRANS APPROVAL OF TRAFFIC CONTOL PLANS: The Developer shall be responsible for
submitting the proposed traffic control plans to Caltrans for approval for any work within
the Caltrans right-of-way or that may affect traffic on Los Gatos-Saratoga Road (California
State Route 9).
110. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour pl ans shall be submitted for
review and approval by the Town Engineer prior to beginning of any work.
111. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
112. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of a building permit, the Developer shall work with the Town Building
Department and Engineering Division Inspectors to devise a traffic control plan to ensure
safe and efficient traffic flow under periods when soil is hauled on or off of 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.
113. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 8:00 p.m.,
weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may a uthorize,
on a case-by-case basis, alternate construction hours. The Applicant shall provide written
notice twenty-four (24) hours in advance of modified construction hours. Approval of this
request is at discretion of the Town.
114. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends 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 from the source. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible. The noise level at any point outside
of the property plane shall not exceed eighty-five (85) dBA.
115. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan sheet (full-size) within the plan
set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan,
Project Schedule, site security fencing, employee parking, construction staging area,
materials storage area(s), construction trailer(s), concrete washout(s) and proposed
outhouse location(s). Please refer to the Town’s Construction Management Plan
Guidelines document for additional information.
116. CALTRANS: Prior to the start of any work along or within Caltrans rights-of-way and/or
easement, the Developer shall obtain necessary encroachment permits for the proposed
work. A copy of approved encroachment permit is required to be submitted to the
Engineering Division of the Parks and Public Works Department prior to permit issuance.
117. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised b y West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. A Sanitary Sewer Clean-out is required for each property at the property line, or
at a location specified by the Town.
118. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more
which are part of a larger common plan of development which disturbs less than one (1)
acre are required to obtain coverage under the construction general permit with the State
Water Resources Control Board. The Applicant is required to provide proof of WDID# and
keep a current copy of the storm water pollution prevention plan (SWPPP) on the
construction site and shall be made available to the Town of Los Gatos Engineering
Division of the Parks and Public Works Department and/or Building Department upon
request.
119. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all material, equipment and/or
operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
120. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the stormwater development runoff requirements. Every
Applicant shall submit a stormwater control plan and implement conditions of approval
that reduce stormwater pollutant discharges through the construction, operation and
maintenance of treatment measures and other appropriate source control and site design
measures. Increases in runoff volume and flows shall be managed in accordance with the
development runoff requirements.
121. SITE DESIGN MEASURES: All projects shall incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
122. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is
recommended that the landscape architect ensure that the characteristics of the selected
plants are similar to those of the plants listed for use in bioretention areas in Appendix D
of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Stormwater Handbook.
123. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and 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 proj ects
disturbing more than one (1) acre. A maximum of two (2) 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 applicable measures contained in the
amended provisions C.3 and C.14 of most current Santa Clara County National Pollutant
Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Monitoring for
erosion and sediment control is required and shall be perfo rmed by the Qualified SWPPP
Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by the Construction
General Permit. Stormwater samples are required for all discharge locations and projects
may not exceed limits set forth by the Construction General Permit Numeric Action Levels
and/or Numeric Effluent Levels. A Rain Event Action Plan (REAP) must be developed
forty-eight (48) hours prior to any likely precipitation even, defined by a fifty (50) percent
or greater probability as determined by the National Oceanic and Atmospheric
Administration (NOAA), and/or whenever rain is imminent. The QSD or QSP must print
and save records of the precipitation forecast for the project location area from
(http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and
sampling test data. A rain gauge is required on-site. The Town of Los Gatos Engineering
Division of the Parks and Public Works Department and the Building Department will
conduct periodic NPDES inspections of the site throughout t he recognized storm season
to verify compliance with the Construction General Permit and Stormwater ordinances
and regulations.
124. 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 (3)
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 shall 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 (1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
125. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
permits, all pertinent details of any and all proposed stormwater management facilities,
including, but not limited to, ditches, swales, pipes, bubble-ups, dry wells, outfalls,
infiltration trenches, detention basins and energy dissipaters, shall be provided on
submitted plans, reviewed by the Engineering Division of the Parks and Public Works
Department, and approved for implementation.
126. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
127. STORMWATER DISCHARGE: New buildings shall provide a covered or enclosed area for
dumpsters and recycling containers. The area shall be designed to prevent water run-on
to the area and runoff from the area. Areas around trash enclosures and recycling areas
shall not discharge directly to the storm drain system. Any drains installed in or beneath
dumpsters and compactors shall be connected to the sanitary sewer. The Applicant shall
contact the local permitting authority and/or sanitary district with jurisdiction for specific
connection and discharge requirements.
128. WATER FEATURES: The proposed fountain feature shall have a connection to the sanitary
sewer system, subject to West Valley Sanitation District’s authority and standards, to
facilitate draining events. Discharges from this feature shall be directed to the sanitary
sewer and are not allowed into the storm drain system.
129. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to
public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to
Bay” NPDES required language. On-site drainage systems for all projects shall include one
of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit.
These include storm water reuse via cisterns or rain barrels, directing runoff from
impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to
be used they shall be placed a minimum of ten (10) feet from the adjacent property line
and/or right-of-way. No improvements shall obstruct or divert runoff t o the detriment of
an adjacent, downstream or down slope property.
130. STORM WATER MANAGEMENT PLAN: A storm water management shall be included with
the grading permit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-
2015-0049, NPDES Permit No. CAS612008. The plan shall delineate source control
measures and BMPs together with the sizing calculations. The plan shall be certified by a
professional pre-qualified by the Town. In the event that the storm water measures
proposed on the Planning approval differ significantly from those certified on the
Building/Grading Permit, the Town may require a modification of the Planning approval
prior to release of the Building Permit. The Applicant may elect to have the Planning
submittal certified to avoid this possibility.
131. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the
storm water management plan: “The biotreatment soil mix used in all stormwate r
treatment landscapes shall comply with the specifications in Attachment L of the MRP.
Proof of compliance shall be submitted by the Contractor to the Town of Los Gatos a
minimum of thirty (30) days prior to delivery of the material to the job site using the
Biotreatment Soil Mix Supplier Certification Statement.”
132. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment
soils provider is required and shall be given to Engineering Division Inspection staff a
minimum of thirty (30) days prior to delivery of the material to the job site. Additionally
deliver tags from the soil mix shall also be provided to Engineering Division Inspection
staff. Sample Certification can be found here:
http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL.
133. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner shall enter into an agreement with the
Town for maintenance of the stormwater filtration devices required to be installed on this
project by the Town’s Stormwater Discharge Permit and all current amendments or
modifications. The agreement shall specify that certain routine maintenance shall be
performed by the property owner and shall specify device maintenance reporting
requirements. The agreement shall also specify routine inspection requirements, permits
and payment of fees. The agreement shall be recorded, and a copy of the recorded
agreement shall be submitted to the Engineering Division of the Parks and Public Works
Department, prior to the release of any occupancy permits.
134. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner 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.
135. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and provided
with area drains connected to the sanitary sewer per current NPDES requirements before
a Certificate of Occupancy for any new building can be issued. Temporary trash
enclosures are exempt from this condition. Connecting said drainage system to the storm
drain system is not permitted.
136. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. 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 penalties and/or
the Town performing the required maintenance at the Developer's expense.
137. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Immediately upon approval of
any permit, the Applicant shall initiate a weekly neighborhood email notification program
to provide project status updates. The email notices shall also be posted on a bulletin
board placed in a prominent location along the project perimeter.
138. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
N:\DEV\CONDITIONS\2017\Alberto 401-409_remand.doc
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE : 11/07 /2017
ITEM NO: 1
MINUTES OF THE TOWN COUNCIL MEETING
OCTOBER 3, 2017
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday,
October 3, 2017, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marice Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council
Member Steve Leonardis, Council Member Barbara Spector.
Absent: None
PLEDGE OF ALLEGIANCE
Hana Wright led the Pledge of Allegiance. The audience was invited to participate.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Council Member Steve Leonardis had nothing to report.
Council Member Marcia Jensen met with several members of the community and attended
the Council Policy Committee meeting.
Mayor Marico Sayoc attended Safe Routes to School meeting, Silicon Valley Association of
Realtors meeting, Rolling Hills Neighborhood meeting, Youth Park Day honoring six youth
that will be leading the holiday parade .
Vice Mayor Rob Rennie attended Ad Hoc Parking Committee, VTA Board Workshop, Joint
VTA/BART Board meeting, VTA SR-85 Policy Advisory Board, Silicon Valley Clean Energy
Board meeting, Cities Association meeting, Youth Park Day, and Eat, Drink Los Gatos Event.
Council Member Barbara Spector attended Ad Hoc Parking and Infrastructure Committee
meeting and met with members of the business community.
Manager Matters
Announced recruitment for Adult Commissioners has begun and the deadline to apply is
Friday, October 27, 5:00 p.m.
110 E. Main Street Los Gatos, CA 95030 • 408-354-6832
www .losgatosca .gov
EXHIBIT . 7
PAGE 2 OF 5
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF SEPTEMBER 19, 2017
DATE: SEPTEMBER 20, 2017
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Closed Session Meeting minutes of September 19, 2017
2. Approve Council Meeting minutes of September 19, 2017.
3. Authorize the Town Manager to enter into a third amendment to the agreement with Granlcus, Inc.
for the Granicus Service Agreement and Peak Agenda Management software support and related
services to extend the term to June 30, 2019 with additional compensation not to exceed
$43,158 .75.
4. Adopt a resolution approving the parcel map for 360 Bella Vista Avenue RESOLUTION 2017-056
MOTION:
VOTE :
Motion by Council Member Jensen to approve the Consent Items
recusing herself from Item four. Seconded by Vice Mayor Rennie.
Motion passed unanimously for items one through three, and passed
4-0 for item four with Council Member Jensen recused
VERBAL COMMUNICATIONS
Jeff Loughridge
Commented on development issues and needs of the Town.
Angelia Doerner
Commented on development projects in relation to Highway 9.
Bob Burke
Commented on traffic concerns
Carolyn D.
Commented on offering art lessons to Los Gatos youth.
PUBLIC HEARINGS
5. 40.1-409 Alberto Way -Architecture and Site Application S-15-056, Conditional Use Permit
Application U-15-009, and Environmental Impact Report EIR-16-001. Property Owner: CWA
Realty. Applicant/Appellant: LP Acquisitions, LLC. Considering an appeal of a Planning
Commission decision denying a request to demolish three existing offi ce buildings and
construct a new, two-story offi ce building with below grade and at grade parking on
property zoned CH. APN 529-23-018. (CONTINUED FROM September 19, 2017 -The Town
Council opened and closed the Verbal Public Comment for this item at the September 19,
2017 Town Council Meeting. Staff Reports and Attachments can be found on our website
under the September 19, 2017 Town Council Agenda)
Council discussed the matter
PAGE30F5
SUBJECT: MINUTES OF THE TOWN COUNCIL MEETING OF SEPTEMBER 19, 2017
DATE: SEPTEMBER 20, 2017
Public Hearing Item #5 -continued
MOTION:
VOTE:
MOTION:
VOTE:
MOTION:
VOTE :
Motion by Council Member Jensen to continue the public hearing to a
date certain with new information submitted that says the applicant will
or will not offer the following: 1. Reduce second story by 4000 square
feet. 2 . Recess windows on second story 3. Increase of public space on
North end with easement or restriction that retains publicly accessible
open space 4. Use of view glass 5. Increase landscaping 6. LEED
certification to gold AND each of these accompanied by an analysis from
staff. Include an indication of Cal Trans' opinion as to the traffic
mitigation items that .effect Cal Trans. As well as any other information
the appellant would provide . Seconded by Vice Mayor Rennie.
Failed 3-2 with Mayor Sayoc, Council Member Leonardis, and Council
Member Spector opposing.
Motion by Council Member Jensen to remand to Planning Commission
with the following direction: Determine whether the applicant will or will
not offer the following: 1. Reduce second story by 4000 square feet. 2.
Recess windows on second story 3. Increase of public space on North end
with easement or restriction that retains publicly accessible open space
4. Use of view glass 5. Increase landscaping 6. LEED certification to
gold AND each of these accompanied by an analysis from staff. Include
an indication of Cal Trans' opinion as to the traffic mitigation items that
effect Cal Trans. As well as any other information the appellant would
provide .. Seconded by Vice Mayor Rennie.
Failed 3-2 with Mayor Sayoc, Council Member Leonardis, and Council
Member Spector opposing.
Motion by Council Member Spector to remand back to Planning
Commission due to the receipt of additional information . Seconded by
Council Member Leonardis.
Motion passed unanimously.
Meeting went to recess at 8:55 p.m.
Meeting reconvened at 9:05 p .m.
This Page
Intentionally
Left Blank
RESOLUTION 2017·056
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A DEOSIO:N OF THE PLANNING COMMISSION
DENYING A REQUEST TO DEMOLISH.THRBIHOOSTING OPFICE BUILDINGS
AND CONSTRUCT A NEW,TWO·STORY OFFICE BUILDING WITH BELOW
GRADE AND AT GRADE PARklNG ON PROPERTY ZONED CH AND REMANDING THE
MATTER TO THE PLANNING COMMISSION FO.R FURTHER CONSIDERATION •.
APN: 529-23-018
ARC81TECTUREAND SJTEAPPLlCATION: S-15·056
CONDITIONAL USE PE~lT APPil<J\TION u .. tS-009
ENVIRO!YMENTALIMJ>A(:T '.REPORTEIR-16-001
PROPERTY LOCATION: 401-409 ALBERTO WAY
PROPERTY OWNER: CWA REALTY
APPUCANT /CONTACT ' PERSON: SHANE ARTERS, LP ACQUISITIONS, LLC
WHEREAS, on August 10, 2016, August 24! 2016, October 26, 2016, January 11, 2017,
March 22, 2017, April 12, 2017; and May 10, 2017~ the Planning Commission held public
hearings and considered a request to demolish three existing office buildings for the: purpose of
constructhig a new two-stnry Office building with below· grade and atgrade parking on property
zoned CH.
WHEREAS, ·on May 10; 2017, the Planning Commls,sion denied the Architecture and Site
and ccinditional Use Permit appUcatf(>n$.
WH£REAS1 on May ·19, 2017, the appltcantfil~d an appeal ohhe d«ision ofthe
Planning Commission denying a request to demolish three existing office bu'ilding$, construction
of a ne.w two-story office building with below grade and at grade parking.
WHEREAS, this matter came before the Town Council for public hearing on September
19, 2017, and was regularly noticed in conformance with Stat~ and Town law.
EXHIBIT 8
Resolution 2017-056 October 3, 2017
WHEREAS, the Town Council received testimony and d~umentary evidencf! frc;>m the
;JppeUants and all. interested per~ns who wished to t~stify ot submit doc&,1ments. Th~ T.own
Council considered alt testlmtJny ~hd matertats submitted! lncJUdi.ng the record O.f the Planning
Commission proceedings and tile packet of m.aterJal. contained in the CouncU Agenda Report for
their meeting on September 19, 2017, along with any and aUsijbse<1ueot reports ~md material:S
prepared con(:emiog this ap.plicati.on,
WHEREAS, the Town Council ~htin.ued the hearing to October 3~ 2017 fo.r questions
and discussion .
WHEREAS, Couoc:il m~kes the following flnding; fn accordanc~ with Town Q>de section
29.20.300': New informatlo11 wa$ sobmittecfto the. Council durhig the appeal ~rocess that was
not readUy and · reasonably available for submission to the commission.
NOW~ THEREFORE, &E: IT RESOLVED:
_l. The appeal of the decision l)f the Ptannlng Co~mis-sion denyf ng a requestt<>
~ .
demolish three existing office buildings and construction of a new tw.o-story offite building with
below grade and at grade parkins on property zoned CH Is granted and the appUcatlon~ are
rem~nded to the P.lanning Commission for further consi9t?ratjqn.
2. The de~isio.n constitutes a fin.al admitilStr~tive d~ision pursuant to. c;'.cxJe of .Civil
Procedure section 1094.6 as adopted by sectiOn 1.10.085 of the To:Wn Code of the Town of Los
Gat9s. Any application for judicial. relief from this d~tision must be sou.sht within the time
limits and pursuant to the· procedures establi~hed by Code of Civil Procedure section 1094.6, or
such shorter time as requi~ed by $te and federallaw.
Resolution 2017-056 October 3t 2oi 7
PASSED AND ADOPTED at a regutar meetlng of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of Octo.ber, 2017, by the following vote:
CO.UNCR MEMBERS:
AVES: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council
Member Steven Leonardis, Council Membf:'!r Barbara Spector
NAYS: None·
ABSENT: None
ABSTAIN: None
SIGN'ED:
MAYOR OF THE TOWN OF Cos GATOS
LOS GATOS, CALIFORNIA
DATE: 10 j l I ·;
ATTEST:
~~~·
ClERk ADM!NtSTRATOR OF THE TOWN OF LOS GATOS
LOSGATOS,~t~ORNIA
DATE: lb IJ1ll'l I
Resolution 2017,.056 October 3,. 2017
LP ACQYISITIONS
REAL ESTATE DEVELOPMENT
November 7, 2017
Ms. Jennifer Armer, Associate Planner
Town of Los Gatos
Community Development Department
110 E. Main Street
Los Gatos, CA 95031
Phone: (408) 354-6872
Email: jarmer@losgatosca.gov
RE: 405 Alberto Way
Architecture and Site Application S-15 -056
Conditional Use Permit Application U-15-009
APN 529-23-018
Thank you for scheduling the above-referenced project for the upcoming Planning Commission
hearing on December 13, 2017. We are pleased to submit our revised plans for 405 Alberto
Way in response to the Town Council's direction from its October 3, 2017 meeting.
PROJECT STATUS
LP Acquisitions, LLC submitted the following applications: Architecture and Site Application 2-
15-056, Conditional Use Permit Application U-15-009, and Environmental Impact Report EIR -16-
001 for a request to demolish three existing office buildings and the development of a new,
two-story office building with below-grade and at-grade parking (the "Project") on the property
formerly identified as 401-409 Alberto Way (405 Alberto Way) (the "Site11
}.
During the Planning Commission's review of the Project, we made quite a few design changes
to address the Commission's and public's comments. Such changes were considered highlights
and were received positively by the Planning Commission. For example, we replaced the
proposed building foundation with a concrete superstructure in order to significantly reduce
the building height by 5.5 feet on the north side and 6.0 feet on the south side.
We also eliminated the tower elements in response to the Planning Commission and neighbors'
concerns that the elements were too prominent, and we eliminated the second-floor exterior
balcony on the north (Las Casitas) side of the building. All second-floor exterior balconies face
Alberto Way thereby enhancing the design hierarchy of the building to create more definition
between the ground and second floor design elements. LP Acquisitions retained the Mission
style architecture which maintains the small-town feel of other, nearby commercial
developments in Los Gatos and resembles the massing focus on the ground floor and the
human scale of the other existing buildings in the immediate neighborhood.
535 M iddlefield Roa d , Suite 190, M en lo Pa r k, CA 940 25 I 650.326.1600 EXHIBIT. 9
APPLICANT RESPONSE LETTER
And hi response to both the Town and neighbor concerns with respect to traffic and safety on
Alberto Way, and consistent with the Town's Complete Street Ordinance, we are proposing to
dedicate a portion of the site for the purpose of widening and straightening Alberto Way,
allowing for the addition of both a bike lane in front of the property and an extended right turn
lane onto Saratoga-Los Gatos Road (Route 9). We identified locations for detached sidewalk
improvements on both the Alberto Way and Saratoga-Los Gatos Road (Route 9) street
frontages, and are proposing to install new curb, ramps and crosswalk at the Saratoga-Los
Gatos Road (Route 9) to the Uighwa)' 17 OA ramp. finally, we incl1:1ded a signal interconnect
between Alberto Way/Los Gatos-Saratoga intersection and the Los Gatos Blvd/Los Gatos-
Saratoga intersection to expedite traffic flow and to improve safety.
After two years of processing and revising the Project to further reduce the size of the Project
and provide for these design changes, the Planning Commission nonetheless denied the Project
at its May 10, 2017 meeting on the basis that the Project was still too big. Following the May,
101 2017 denial, we appealed the Commission's action to the Town Council to review and
overturn the Planning Commission's denial of the Project. At its meeting of September 19,
2017, the Town Council accepted public comments on our appeal and began its deliberations
regarding the Project. While the Council appreciated some of the revisions and design features
incorporated into the Project to further reduce the square footage to 83,000 square feet ("the
Second Redesign"), the Council ultimately decided on October 3, 2017 to remand the Project
back to the Planning Commission due to the receipt of additional Information and with a
request to further reduce the size of the Project to 74,260 square feet ("the Third Redesign).
We are submitting a Third Redesign of our Project plans to respond to the Council's direction to
further reduce the size of the Project and provide additional design changes as further
addressed below. All of the previous design changes remain in the design plans for the
proposed Third Redesign.
SUMMARY OF ARCHITECTURAL CHANGES:
Since the October 3, 2017 Town Council meeting, LP Acquisitions initiated a comprehensive
effort to redesign our Project for the third time in response to both the Town and
neighborhood comments and concerns. Based on the feedback we received from the Town
Council and the neighborhood, we revised the architecture to incorporate the following key
design modifications:
• We reduced the Project to 74,260 sf in accordance with the Council's direction and
reduced the building massing to achieve a further reduction in the size and scale of the
building.
• LP Acquisitions and ArcTec met with the Town Staff on October gth in order to obtain
their input and direction in the redesign process. As part of this effort, we presented
the additional building size reduction, and Planning Department staff indicated that LP
2
APPLICANT RESPONSE LITTER
Acquisitions' Third Redesign plan would be consistent with the EIR's Reduced Scale
Alternative of 74,260 square feet.
• The proposed 74,260 sf Project would reduce the overall parking spaces from 332 to
298, which ls a reduction of 30 garage parking stalls and 4 surface parking stalls. The
reduction in garage parking stalls results in a smaller building footprint with a
corresponding reduction in excavation. The reduced excavation results in
commensurate reductions in the cost of earth movement and off-haul during the
construction proeess. Please see the attaehed "Re\lised ProjeGt CoRstn.ictloA Export
Details for 405 Alberto Way which indicates that the proposed Third Redesign will now
require an estimated 50,671 cubic yards of cut and all construction staging can occur on
site. According to the general contractor, the rough order of magnitude (ROM) savings
for earth movement and off-haul alone would be as follows:
• Concrete structure savings (reduced SF): Basement+elevated deck+Podium =
11,517 SF x $45/SF = $ 518,265 savings
• Offhaul savings (reduced volume): Basement (S,105 SF x 22 ft = 112,310 CF I 27
CF/CY= 4,160 CY x $35/CY = $ 145,600 savings
• Miscellaneous basement savings (shoring, waterproofing, MEP/F):
Basement+elevated deck+Podium = 11,517 SF x $30/SF = $ 345,510 savings
• Reduced square footage for the Building Shell: Building reduced SF 8, 740 SF x
$250/SF = $2,185,000 savings
With all of the reductions in square footage and reduced grading and off-haul, the Third Re-
Design would result In a reduction in costs of approximately $3.2M to $3.SM.
Consequently, with the reduction in grading and construction costs, the Third Redesign
would be feasible.
• The Third Redesign preserves 38 of the 42 at-grade parking spaces.
• The Third Redesign reflected In the 74,260 square foot building shifts the building away
from the northern property line by an additional 30 feet (56 feet in total, taking into
consideration the 15 feet required setback plus an additional 11 feet proposed from the
Second Redesign earlier this Spring); consequently, the additional building reduction of
8,740 sq. ft (83,000 less 74,260) on the northern side of the property now provides for
more expansive mountain view corridors that will be visible from both the street and
adjacent properties across Alberto Way.
• The Third Redesign also creates more open space on the northern side of the building
for a large dog park and an amenity area for tenants and visitors.
3
APPLICANT RESPONSE LETTER
• Lastly, the Third Redesign repositions the building entrance to the center of the site
allowing the surface parking to be placed more evenly throughout the Project site than
under the prior design. This repositioning also creates more open space at the
southeast corner of the property for an additional amenity area open to tenants and
visitors.
The cumulative design and redesign modifications we have proposed over the last 24 months
are designed to respond to the Planning Commission, Town Council and public's comments.
The proposed modifications described abovQ are feasible and represent minor revisions and
clarifications to the overall project description that will not add significant new information to
the Town of Los Gatos 401-409 Alberto Way Draft and Final Environmental Impact Report (EIR).
This Information will not require recirculation of the EIR because the proposed modifications
will further lessen impacts that the Town previously found to be less than-significant as
reflected in the EIR's discussion of the Reduced Scale Alternative. Further the changes
incorporated into the Project would not involve a new significant environmental impact, a
substantial increase in the severity of a prior environmental impact, or a feasible mitigation
measure or alternative that we declined to adopt and that will clearly lessen any project
impacts. No information provided in our submittal indicates that the Draft EIR was inadequate
or conclusory or that the public was deprived of a meaningful opportunity to review and
comment on the EIR .
SUMMARY OF COUNCIL DIRECTION TO THE APPLICANT FROM OCTOBER 3, 2017 PUBLIC
HEARING
The following summarizes key commen~s from the Town Council and members of the public
that were received after the Council meeting, followed by our response to the comment
referred to as, the "Applicant Response."
Town Council Comment: Provide an open space easement/public space (PAPS) for both the
dog area on the north side and the new area on the south side adjacent to the parking lot;
Applicant Response: LP Acquisitions agrees to provide open space I public space for a dog area
on the north side and an additional new open space area on the south side adjacent to the
parking lot available for use by the tenants and the public/neighbors on an informal basis.·
Town Council Comment: Reduce square footage to EIR alternative level of 74,260 square feet.
Applicant Response: Please refer to the summary of architectural changes set forth above. As
indicated in the summary above, the reduction in square footage is consistent with the EIR
Reduced Scale Alternative contained in the EIR . Consequently, the EIR fully evaluated the
environmental impacts associated with the Third Redesign proposal.
Town Council Comment: Use Viewglass or similar product to create automatic dimming of the
glass in the evening to meet neighborhood light standards
4
APPLICANT RESPONSE LITTER
Applicant Response: The Third Redesign includes Viewglass for building window treatment in
order to maintain privacy and reduce lighting impacts to nearby residents.
Town Council Comment: Try to do something with the entry.
Applicant Response: Please refer to the revised east elevation. The main entry retains the
elegant two-story element and canopy over the main entry doors to help identify the main
entry of the bt1ilding. The entry has beel'I further hflpre'Jed h•t pro¥iding a more s•tmmetriGal
look on either side of the main entry element. Equal-sized punched window openings are
located on the ground and second floor on each side of the main entry and the dimension of
the two-story vertical walls on each side of the main entry are now identical. The change in the
main entry design provides for a more easily identifiable main entry and also better frames the
main entry than under the Second Redesign.
Town Council Comment: Recess the window further on the second floor to create detail.
Applicant Response: The northern fa~ade of the building has been pulled back one full column
bay (30 feet) on the north side so the window line is now further away from the northern
property line that abuts the neighboring residential property to the north. Recessed punched
windows and trellis features at each punched window opening have been retained from the
previous design. As the building is now narrower when viewed from Alberto Way, the
repetition of windows on each different fa~ade element has been reduced, giving the building a
more elegant look and feel from the prior design.
Town Council Comment: Design and build the building to LEED Gold level;
Applicant Response: The site and building will be designed to LEED Gold equlvalency.
Town Council Comment: Increase tree sizing in the front to shield the building sooner from the
neighborhood.
Appllcant Response: Please refer to the revised landscape plans. We increased the tree sizes
In the Second Redesign in several key locations along the Alberto Way side of the building.
Town Council Comment: Provide a condition to allow overflow parking in the surface lot area
in off-business hours.
Applicant Response: LP Acquisitions agrees to a condition of approval allowing for nearby
residents to use the Project surface lot parking spaces after business hours.
Town Council Comment: Schedule weekly traffic meetings during construction.
5
APPLICANT RESPONSE LETTER
Applicant Response: The Third Redesign reduces the size and footprint of the underground
parking structure with a corresponding decrease in the overall parking count by 34 spaces. The
reduction in the footprint of the structure and the corresponding reduction in parking spaces
provides for an area on the Project site to serve as construction staging, in accordance with the
Planning Commission's request in the Second Redesign of the Project. The on-site construction
staging area reduces the amount of export off-haul during excavation. Please see the attached
"Revised Project Construction Export Details for 405 Alberto Way'' and 11 Revised Project
Construction Details for 405 Alberto Way which further describe the revisions. Additionally, the
prepesed Censtruction Plan, v1hich will be formal!·; sybmitted for review by the Town CoLmcil
during the permit review stage, provides for weekly construction management meetings with
the neighbors.
Fowler Comment Letter: Describe the expected hours for potential tenants. (Fowler letter)
Applicant Response: The proposed hours of operation for tenants in the building are from 7am
to 6pm Monday through Friday.
Fowler Comment letter: Provide information regarding the "high demand" for Class A office
space in Los Gatos. Where is the demand coming from, Los Gatos or elsewhere?
Applicant Response: The current Class A office vacancy rate in Los Gatos is less than 1.5%, as
indicated in the report generated by Colliers. Please see the attached "Colliers Los Gatos Office
Class A Snapshot". Such a low vacancy rate indicates that there Is an enormous demand for
more Class A office in Los Gatos. The Tech industry is driving the increased office demand in
the Silicon Valley with an emphasis on bringing jobs close to housing.
Fowler Comment Letter: Explain why the project objectives could not be met by a building less
than 83,000 square feet.
Applicant Response: We provided extensive information In our prior correspondence to the
Town explaining why the 74,260 square foot building was determined to be infeasible. With
the further adjustments to the building design and reduction in excavation, we have been able
to substantially redl:'ce the costs of construction for the 74,260 square foot building so that it
would be feasible from a cost and technological perspective as further explained above.
Town Council Comment: Please clarify the Caltrans encroachment permit process and when
Caltrans will provide input regarding the proposed improvements within Caltrans right-of-way.
Applicant Response -In the attached letter dated November 1, 2017 (the "Hexagon Letter"),
Hexagon summarizes the Caltrans encroachment permit process. The proposed widening of
Los Gatos-Saratoga Road with the offsite improvements requested by the Town Council will
encroach on Caltrans right-of-way, and will therefore require an encroachment permit from
Caltrans. Caltrans submitted its comment letter dated June 13, 2016 to the DEIR (see
attachment to the Hexagon letter). Pursuant to Caltrans' Encroachment Permits Manual, in
•.
6
APPLICANT RESPONSE LITTER
order for Caltrans to approve the off-site Improvement along Los Gatos-Saratoga Road, LP
Acquisitions must apply for an encroachment permit from Caltrans. Once the Project is
approved by the Town Council, the Project will submit an encroachment permit application
with the design plans and specifications to Caltrans for its review. In its review of the
application, Caltrans will work with the applicant and Town staff to review and finalize the
design plans. After Caltrans approves the design plans, Caltrans will issue an encroachment
permit for the construction of the offsite improvements.
Town Cot1ncfl Comment: PrepaFe a brief eMplanatien of he•N the transportation and cir:culatior:i
and parking issues were previously evaluated in the EIR for the project, the 83,000 sf revised
plan, and the reduced scale alternative and the 74,260 sf project would not result in new
significant impacts.
Applicant Response: Hexagon prepared several technical letters addressing the Project's traffic
impacts and the impacts of the 83,000 square foot buildings reflected in the Second Redesign.
Hexagon's letter to the Town was peer revised by the Town's traffic consultant and determined
to be adequate. Further, since the 74,260 square foot Third Redesign is consistent with the
Reduced Scale Alternative evaluated in the EIR, the Third Redesign would not result in any
additional traffic impacts compared to those previously evaluated for the Project.
Town Council Comment: Provide technical information as necessary to address the
geotechnical aspects of a smaller building footprint and parking garage and how this was
addressed in the EIR and subsequent peer reviewed geotechnical reports.
Applicant Response -ENGEO previously prepared an extensive design-level Geotechnlcal
Evaluation for the Project, which was peer-reviewed by AMEC Foster Wheeler. ENGEO's
response letter to the peer review comments was accepted by the Town and was used by the
Town's EIR consultant to support the analysis In the Town's EIR. The EIR evaluated the
geotechnical Issues for the proposed Project, and the reduced scale alternative. Subsequently,
ENGEO provided responses to public comments as a part of LP's Supplemental Responses Letter
dated as of May 9, 2017 with regard to the 83,000 square foot revised plan. ENGEO's
comments were peer-reviewed by AMEC, and AMEC concurred with ENGEO's supplemental
response letter to the public comments and affirmed the feasibility of the project from a
geologic and geotechnical standpoint. Pursuant to its Supplemental Response dated November
1, 2017 which is attached to this letter, ENGEO has reviewed the reduced 74,260 square foot
proposed Project, the revised below-grade parking, and the overall'reduced footprint. Based
on such reductions, ENGEO has concluded that the revisions are expected to further reduce the
already negligible potential impacts to surrounding properties. The geotechnical aspects of the
Project have been thoroughly assessed and the proposed changes do not result in any new
significant impacts, and support the analysis contained in the EIR.
Additional Fowler Comment Letter: Request for complete information about water table on
the 405 Alberto Way site and more borings.
7
APPLICANT RESPONSE LETTER
Applicant Response -Please see the attached EN GEO November 6, :·.c :rl Response t~; Public
Comments. As previously state d the design groundwater lev el of 12 feet below existing grade is
recommended in the project geotechnicaJ·report, which was peer-review ed by AMEC Foster
Wheeler as well as the neighbor's engi neeri ng representative, Geissler Engineering who
concurred with the recommended design groundwater l:.~vd of 12 feet below existing grade.
We appreciate.the Town's consideration of our third revised proposal and look forward to the
Planning Commission's action regarding our Project at its December 13 , 2017 meeting.
Sincerely,
Sh an e Arters
cc: Ra ndy Lam b
D a n Ki r by
Jolie Houst o n
Alicia Guerra
Gary Black
nme Zhou
Uri Eliahu
Bob Bo ech e
8
Lp ACQ!JISITIONS
REAL ESTATE DEVELOP ME NT
Revised Project Construction "Export" Details for 405 Alberto Way
Updated and Revised November 3, 2017
Based on the original design submitted to the Town on July 13, 2016, this project
required a total of 69,700 cubic yards of cut; thus, resulting in 6,970 truck trips or 8
weeks of off haul. Then we resubmitted to the Town on March 17, 2017 and the revised
redesign required a total of 53,451 cubic yards of cut; thus, resulting in approximately
4,859 to 5,345 t:rnck trips or 5.5 to 6 weeks of off haul.
With the proposed new redesign of this projec~ this project will now require a total of
50,671 cubic yards of cut and all construction staging can occur on site. One large dump
truck can carry 10 cubic yards or 11 cubic yards (with a small diaper trailer); therefore,
4,606 to 5,067 truck trips would be generated. Based on construction industry standards,
200 Joads a day would take 23 work days plus a few more days for the potential of slow
production. Therefore, it is reasonable to expect that the total export of 50,671 cubic
yards would take 23-26 work days, M-F or 4 .6 to 5.2 weeks. This results in an additional
reduction of 1 week of off haul. See attached haul routes.
In conclusion, our proposed size of the structure has now been reduced to 74,260 sf and
the below grade parking garage has also been reduced too. Tue redesigned project is also
referred to as the EIR's Reduced Scale Alternative. We estimate that construction
export/off haul to be approximately 5 weeks, down from 8 weeks.
535 Middlefield Road, Suite 190, Menlo Park, CA 94025 I 650.326.1600
I
t; , ~"'. •
·:.~ :··::"'
Lil~ ll •l tn. Cdlltlht
/l,)'lCJ.,I
G gt.
Lfnl G.ti ~ C<m1uu
h~O<:IDI
LP ACQ!JISITIONS
REAL ESTATE DE V ELOPMENT
Revised Project Construction Details for 405 Alberto Way
Updated and Revised November 3, 2017
General Construction Timeline:
• Project construction will occur.in a single phase with construction commencing in
summer 2018.
• All construction staging to occur on site.
• The construction timeframe is 14 to 16 months including all phases from the start of
demolition to the completion of all site work.
• Strict Safety measures will be implemented (i.e. minimum of 2 flagmen positioned on
Alberto Way during grading and construction, and weekly Community Meetings open to
all residents) will ensure rapid ingress/egress of emergency veh icles on Alberto Way and
open communication of all Construction processes to residents.
Site Grading:
• The project will require excavation and shoring to accommodate a 2-story underground
parking structure.
• See attached export details and route map of dump-truck travel.
• The General Contractor will implement Dust Control Measures which meet the Town
standards.
• Estimated timeline for excavation, grading and shoring is 2.75 months.
Underground Garage Construction:
• This phase will include digging footi ngs, preparing the pad, installing drainage and
undergrounding, and waterproofing.
• This phase will also include installation of rebar and structural materials to
accommodate the concrete floors and sides of the parking structure.
• The top of the parking structure will be the foundation of the building.
• Our General Contractor will work closely with our Structural, Civil and Geotechnical
engineers to incorporate the highest construction standards to meet building codes .
• · Estimated timeline for this phase is 4 months.
Core & Shell Building Construction:
• This phase will include structural, flooring, skin and roof.
• All connections to public utilities.
• Estimated timeline for this phase is 6 to 7 .25 months.
Site Work:
• On -site finished hardscape, concrete sidewalks and paving.
• Landscape including all trees and plants.
• Outside meeting area arbors and dog park.
• Estimated timeline is 1 to 2 months.
Offsite Work:
• This work will be done duri ng the Core & Shell work noted above.
• Estimated timeline for completion is concurrent with Core & Shell.
Completion of Construction
• This proj ect is estimated t o be complet ed by late Fall 2019.
I.OS Gatns Offl~ Class A
Available Space
Total Toe1I
Dini ct Stmlnsa Direct 6ub!ea5• AvaUJl~le Awila~ Bulldm>g
Q .... .u. 0.to Vaoant Vaaant Oocupl&d Occllflad lpaco Space Riii Bau
03-17 0 ... 17 1,HD 0 S,150 4,739 \1,888 U2'11o H7,l40
Sop.17 1,1199 0 8.150 0 7,149 O.BO'llo 897,&40
AUIJ-17 1,999 0 5 ,150 0 7.149 O.Bll"Ao 897,MO
02-17 Ju\.17 1,899 D S.150 0 7.149 0.80% 897.840
Jun-17 1,999 0 0 0 1,1199 0.22% 914,D!IO
Ma)'-17 3,098 0 1.999 0 5,097 D.56% 914,090
01-17 ... pl'-17 0 0 0 0 0 0.00% 914,090
Mar-17 0 0 0 0 0 0.00'llo 856.3'40
Fet>-17 0 0 D 0 D O..DO'llo 855,340
Total Available Space Rate
1.<I0'.11[. ==--------==~/ 1.20%
!
::1· r-~~~~~~~~~~~--·~~2.~-
~ I
I
0.-' -·---
04-18 Jan-17 D 0 0 0 0 O.DO'llo !55,s411
010-111 0 D D Z,137 2,137 0.33% !55,340
0.20ll /., _________ _
Nov-16 0 0 0 Z,137 2.137 0.33% 855,s.40
03-16 Ocl-1! n : 0 2,137 2,137 0.33'% 655,MO
0.00% ~;;;-~:::;;---;;::::;;-~:'.::"---::~-:-:---::--:-·-----~-~-~-~--Ol:l-1t Nov-18 Cco-18 .Jon.17 Fol>-17 -.11 Apr-17 Mlrf-17 Jlo>-17 Jul-17 Aac-17 Sep-17 Od-17
Loi Gatos Offic• Cius A
Absorption
Grau Abaarptlon • Not Aboorpfion 300.000..---------------------------------------
Gross ~
Gn>&& Not Absorp6on Ahorplil>R
l 250,000
Quarter Dall Dalla Rang• Ab.ollfpiion ADsorplion Quarter Quartar
03-17 Od-17 B/1117 11> 10/1/H 0 0 4,829 0 200~00+-------~---------I
Sop.17 Bn/17 11>11/1/17 0
A119-17 711117 II> 111117 4,821: 0 150.000
02-17 Ju\.17 fl/1117 lo 7/1/17 0 0 0 -5,097
Jun--17 5/1117 ID 11/1/17 0 ·1,999
Ma}"17 411117 ID !111/17 0 ·3,098
100.000 . ~
01-17 Apr-17 311117 la '411117 258.750 258,750 :tSl,750 ~.750
Mar-17 211/17 to 3/1117 0 D 50.000----------------
Fol>-17 1/1/17 to '111/17 0 D
04-11 Jan-17 1211118 to 1/1117 2.557 0 2.587
011<>18 1111/16 to 1211116 0 0
Nov·16 10/1/15 "'11/1116 0 0
03-18 Ocl-16 !111116 "' 1C/1116 0 0 17,298 2,298
0 I I I '
-50,000
Od-11 Nov-16 Dee>-• Jon.17 Fel>-17 .._.17 .t.pr-17 Moy-17 Jun·17 Jul-17 AUl>-17 Sop-17 Cl<:t-17
Las Gatos Office C!aas A
Waightad AW111IJI Aslting Rents Weigtll8d Average Asking Rents
'8.00 ~,---------------------------------------
..
Weighlec!
a ... ,, •• Date Rant in FS
03·17 Ocl-17 Sll.115
Sap-17 &6.46
Auq-17 S5."5
Q:!.17 Ju~17 S5All
Jun-17 13.96
M•y-17 H.lia
01-17 Apt-17 S0.00
M•l'-17 SO.CD
Feb-17 $0.00
04-18 Jen-17 SO.DO
O.c-16 $3.115
Nov-1& B.115
03-18 Oct-16 13..15
i . ·-----:~ /-V \ __ ~ \ I . \ I :I I
Ol:l-11 Nay.18 0•<>-11 J.,.17 Fol>-17 --17 Apr-17 lllloy-17 .lln-17 Ju~1T Aull-17 S•p-17 DCl-17
Comc•:i. antemelonal • pleilSad m bl: able ID ,nwlde N move inlormallaft. and in so doing belie¥• .. vlldl~. Hclwl:vcr, M cannat guerantt:• its RC&HCY ar take ruponafbllft!/ ..,. ils me.
U(XA~OH T~ANSPO~TATION (OHSU l TANT S, IN<.
Mr . Randy Lamb
Lam b Partners
535 Middlefield Road , Su ite 190
Me nl o Park, CA 94025
Subject: Overview of Ca/trans Encroachment Permit Process for Off-Site
Improvements
Dea r Mr. LH(:b:
H3~~annn ·rr:-.;nspOii:ation Co nsultants, '.nt:, has !ir.'-:p::t1 n d this bt.'.f )i. to provide a hig~1··l::i11;:-il (fl!~1vinw
•Jf H·J::J {~8iirnns ~nCl"~.}~~ci lii·]~·H 1£ p·~nr~1;· !J! Ol:U~3~; ·;~(':' !",;·~,~ oft··~-~Hg ;n lpi'V\1~1!'1 ~~:~! !~'.B p1·{.1 ~)(l!~f;C; by (~;a -10 ·i ...
/~·OB J\lbari.0 VVr..y rime .::, projt-ic•'. In Ln3 Or.iio::;, Gi::llifon ;ir-:i. /\t ·ths 1-.-_;qumfi :·.1r l'f;w1 ~ :~t.•Jrf, i:I'"!~) proj::-Jct
prvr·~·ir;o:;; io 1r1!don t·~-~; Ge:1i:c~.; .. ~·i1.:iraiog:-~ Ho~d (l· liQhvv;:iy ~)) al<:rn1 Hs fron~,,;~~. ·to pr,lvick! roci\ • i'o;·
f!Ji:tm.~ bik'~ l ;;.mr.:~>. ~m.J t..:i r:;ibuild ·ihe ~ido1Nfi l!< gr;. u det<.;r:t1~:d Walk. ·nw:X·) imprcv:e;nonts Wlil
r::;qui 1 ·~~ ui i ;::m\:;ro::1Ghff1rmt p~m; 1it from G1?.ltrut1~; bac.n1 i !">:~ 'i:i l'<JY ar;:i in ti :c~ 1 ;~.1ltrnns r i!-]hl~of~w".ly.
c~iltr:-im µmvk:bd::: COiHff1m1t lette,-on t.h f; f;l.:a~ (d::.itcd June ·10, ~~o·ic. ~·e<i aHavhmant ), which
~hc·wod ~h~~~3 i•np;·ov.~1ni-)1";1:r,, ::im:i !:lpra~r,~d to bi-i in ~'''P:X>ri (~~t li:.~lst ~:10y n11~~r1:.id no obj~••~tirn1~1).
in °i'act, C~1Hr~1 n ,.; niqur!::;;t<Jd ih;;1( 1j·y1 µir.i}:-;c;\ r1;rlhnr i:;nht:!l'!G(\ p:1r;G:;:irltm lH~7t;~:y b11 tlddinf,! fb:-u.:,]·i)ng
l.;-e::::1 <:cn~ to ~;,,<:) ci ·0~sw<c1l!t t h~it i::ro0s::iG the 11 Gr!.hbo! md i-Hr:;i :lN'.:1y 'i"f nn-·rnrnp i'r•:!i111.m: Gr::ii:•Jt>··
Saratoga Road.
Per Caltrans Encroachment Permits Manua/1, the process for C1:1itr:.:in~ approval of the off-site
improvement along Los Gatos-Saratoga Road is that the project, once approved by Town of Los
Gato s, submits an encroachment permit application with design plans to Caltrans. Caltrans will
work with the applicant and Town staff to review and fi nali ze the design plans. When the design
plans are approved by Caltrans, an enc roachment permit will be issued for the constructior..
If you have any questions, please do not hesitate to call.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS , INC .
:.~o.i-y I\. ,,:Jlnck
President
Attachment: 401-409 Alberto Way Office Development I )rojm:t -Draft Environmental Impact
Report, written by Patricia Maurice, d11imJ June i~l. 2016 .
1 Sae we bsite http:/Jwww.dot.ca.gov/trafficoos/ep/manual.html. acc essed on l\!ov ember 1, 2017
4 North Second Street, Suite 400 • San Jose, Ca llfornia 95113 • phone -10~'.971 .6100 • i":3l: 408.971.6102 • www.i1<.?::(r.t>1s.r.•.;m
Jun 13 2016 3 :25P" HP LASERJET FR~
l!A!I. QfCtJ 'fQIN16d'f.1ftlNIA s.ran;.DtJllPOITA!IOJC AHNt'y
DEPARI'MENT or TRANSPORTATION
DisnlCT4
P.a . 80XlH60 ·
OAXl.Al«J. CA .. ~
PHOM! (SlO) 2"·5521
FAX (SID)21M5st
TN TU
www.dDe.c&pv
luno 13 , 2016
Ma. Jcmim Armer
Communlty Development DeJtartmcnt
Town o(Los Oaioa
110 B. Main Street
Los Gatos, CA 95030
Dear Ml. Armer:
p.1
JQMDtpA MQWN% r..,.,
SCLVAR063
SCUV AR/PM VAR
SCH# 201Sl22041
411-4ff Alberto Way Otllee DneloP..eat Project-Draft l'AMremnatal lmIMCf Report
'lbank you for continuina to include the California Department of Transportation (Caltnlll) in
the envirOD!Dldal mview process for the above-refarmccd psojed. Caltrans' De\v mission,
vision, md pals slpal a modemiutlon Of Olr lppl'OICh to California 11 S1ate TransponatiOD
Network (SlN), in which we seek to rccl\loe statewide vehicle mUCs traveled (VMT) and
inaeuc non-auto modes or active traatJOrtation. Caltran1 plan1 to increase non-auto mode
shares by 2020.through 1riplfng bicycle. md doubling bo4b pedestrian and tnmlt. Also, tbelre
t.-gets support the Metropolitan Transpartation Commissioa's (MTC) Suminable Communities
Stratesy (SCS), which promotes the increase of nolHUto mode Bbare1 by ten percentage: points
and a decrease in automobile VMT par oapita by tea peRCDt. Ourcommentl are bued on the
Draft Bnvirolllmmlal ImplCt Rcpon (DEIR). Pleue alao refer to the previOUI commart lcttcn on
tbia project and incorpo1atcd haein.
Project U11~
TM propolCd project is loon:d immediately~ to tbe northbound cm·nmp fi'om St11e
Rout. (SR) 911.os Gato• Smrtop Road to SR t 7 in. Jhc northeut qumrant of1he ~ It
'1¥0Uld domolim the existinc 93,SOO IC(Ull'O-foot (sf) general office complex and replace it with a
93,SOO sf aeneraJ office pomplex. Access to the project aitc would be provided via twO
driveways located on Alberto Way .
L#tl lflMcy .
As the lead.agency, the Town of Los Gatos (ToWll) is ~nsible for all project mitigation,
including any needed improvements to State highways. 1he project's fair share contn"bution,
finmciq. scheduliq. implementation dlpoNibilitics and lead agen~ monitoriq 1hould bo
fillly df.lcuaed 1br all proposed mitiption meuurct.
Jun 13 2016 3:25PH HP LASERJET FAX
Ms. Jennifer Arm.erll'own of Los Gatos
J~ll.2016
Page2
J>qff~ btlp•m
p.2
1. 'This development will add trips greater. than one peaceat of capacity on aoUlhboUDd SR 17
during AM and PM peak houri, 80 will 1igmficantly impact the STN ed require mitigation.
For example, the noithbound (NB) SR. 171Saratoga Loa Oatoa Road diagonal on-ramp and
the aouthbound (SB) SR 17/Suatoga Los Gatos Road loop an-ramp have existing ramp
meteriq equipment installed and are to be further metered in the future with mecering ratca
typically between 240 .and 900 vehicles per hour. These additional trips will significantly
impact the capacities of these ramps.
2. A closed circuit television (CCTV) oemera, ramp metering, and other traffic monitoring are
iu5talled in the area of the Saratoga Los Oatos Road (SR 9) on-ramp to NB SR. 17. The
proposed development bas the potential to impact these i~lltions, putlcularly the conduit
which NAS to the service connections at Alberto Way. Please refer to the Al-Built plans for
BA 150264, l St 364, and othu Klevant EAs and field vorify locations of the installations and
conneQtions, as e1tisting conditions may have changed (e.a •• the recent Bridge Rail
Replacement Project, EA IA3404).
l'dicl6 ~ Redllcti.fllr
Caltrans encourages the City to locate future housing. jobs. and employec~relatcd services near
m&Jor mass transit centers with connecting streets configmed to facilitate Walkina and biking ..
This would promote mass transit use thereby reducing regional VMT 8Dd traffic impacts.
1. Transportation Demand Maoagement (TOM) prognms should be documented with annual
monitoring rep;>rb by a onsite 1DM coordinator to demonstrato effectiveneu. Soagcstcd
TDM strategics include working with the Santa Clara Valley Transportation Authority
(VTA) to doq'case headway times and improve way.finding on bus lines to provide a better
coimectiou between the project and regioaal destinations and providing:
• Secured bicycle storage fKilitics.
• Pi)C·it bicycle~ 1tation(1).
• Bieycles for employee uses io aeceu local mo'\ll'Ces,
• Amenities, a.aces1 and COJUlectiom, incmpotate wide sfdewafb.
• ~ chansiog roomt and clothing locbn.
· • 10 percent vehicle parking reduction.
• Catpool aad olCln·fucl parkiq spacce.
• Transportation and wmmutc information kiosk.
• Outdoor patios, out.doOr areas, f\lmiture, pedestrian palhways, picnic and recreational
areas.
• Nearby walkable amenities.
• Membership in a transportation management asaociation.
• Kicka0ffcommuterevent at full occ:upa:n~.
• Employee transportation coordinator.
• Tnmsit subsidies and/or tnmiit passes to all employees.
• Emer1cmcy ~de Home program.
"PTflllttk II •• ""'hlilfQb/e, ,,,tqlll/M lllllf ~(fllf lrtWpOl'1fltilfl
,1.)4tt11a to rlflt*'" C.l(on1l1 ~ .conollt)' l1fi tw.bJJtry ••
Jun 13 2016 3:25PM HP LASERJET FAX
Ms. Jennifer Anner/Town of Los Galo&
lune 13, 2016
Page3
p.3
• Transit and trip planning reaomces.
• Caipool md vanpool ride·matabina support.
• Bicycle route m1ppJn1 resourcos and' Jncea.tM.ze bicyde parJcin.c, UJIWndlin& of
residential padciJig. and providing transit passea and/or transit 1ubsidies 10 tesidmts.
These ~growth approac.hel are consistent 'With the MTC 1s Rqional Tr~rtation
Plaa/SCS ao-1• and wwld meet Caltrma Stndepc Mmqement Plan.
2. The project will in.ensue pedostriara demand Ind. proposes to reconstruct the curb ramps ond
sidewalks, u well as stripe a new crosswalk, at tlat cutbowul Saratoga Loa Galos Road to
the NB Sit. 17 on-ramp. Caltnna recomrnenda the now Q'Otswalk consist of higb .. visibility.
ladder-style markinp. The project developer should also coordmate with Caltrans aad the
Town to provide a rectangular rapid ftashing be.Con at this location. in order to inciease
motorist awarenesa of pedestrians mvssing the roadway.
3. The project proposes to provide 39S p1tkina sp1ccs. although a development of 1h.i1 scalc and
scope 11 required to pro~e 372 spaces according to the Town'• municipal code. In order to
discourage driving. thereby reducing VMT and impacts to the STN; we msommend that the:
pro~ c:onsider a recluetion in paddag supply. bclucina pmfdnc supply ca encourage
altemate forms of transportation, reduc:e regional VMT •and luaen filtura tnftic impacts on.
SR. 17, SR.·9. md tbe S1N. Please rc6r to ''Refonuina Perkin&' Policies to Support Smart
Orowfh," a MTC study funded by Caltrans1 for sample parking ratios and ltrategies that
support c:Glllpacl growth.
Tl'l/lk 1,,,,_·Feu
Olven.1be prql•'sGOD1ribution to mea ~c and Its proximity to SR 17 and SR 9, the project
s.bould contn°bute fair shme traffic impact fees to the planned SR 17 ramp meferin& future
awciliary llKB. and other improvements to SR 17 and SR 9 to mitigate theae impacts. Tbcsc
contn"butions would be used to lessen future tra1fic congestioll and improve tnmit in the project
viainity.
Vol1t11tBY CMtJ16lltlon l'rtl6rt1m
We cncouragc the City to participate in the VTA ,s voluntary contribution program and plan for
the impact of filture arowth on tho regional transpo11&Uon system. For oxampl~ VTA is
ildrimted in lludying the SR 17 corridor md 1eouring funding for the stud)'. Contributions by the
City funding regional tran&parlation progmms would improve the tdnlportation system by
n:ducing congestion and improvin1 mobility on major roadways throughout the San FranciJco
Bay Arca.
TN.[/lt: C.llllwl Pl•n
Since it is ~that vehicular, bicycle, and pedes1rian traffic will be impacted during the
consbuction of the proposed project requiring traffic restrictions and detours, a CaJtran&-
approved Traffic Control Plan (TCP) is required to avoid project-related impacts to the STN. The
TCP mat alto comply with the requiremaits of oonetpOlleting juiiediotions. In addition.
pedestrian access through the construction zone 1nust be In accordance with the Americans with
Jun 13 2016 3:25PM HP LASERJET FA~
Ma. Jennifer Armer/Town of Los Oatos
June 13. 2016
Page4
p.4
Disabilities Ad (ADA) regulations (see Caltrans' Temporary P1de1tritm Facillti" Handbook for
maintaining pedestrian access and meeting ADA mquinments during construction at:
www.dolc:a.plbq/oonstruc/safetyff emporary _Pcdeltrian_Pa.cilities_Handbook.pdt) (see also
Caltrans' Tnftic Operations Policy Directive 11-01 "Accommoduina Bicyclists in Temporary
Traffic Conuol Zones'• at: www.dot.ca.govlhqltnffops/policyll l..Ol.pclf). All curb ramps and
peclestrUID facilities located within the limits of the project 1ro required to be brought up to
current ADA standards as part of this project.
For further TCP assitbmc.e, please contact the Caltranl Di11rict 4 Office of Tn.ftio Management
Operations at (StO) 286-4579. Purthcr traffic management infonnation is available at the
following website: ·
www .dot.ca.gov/hqltraftbpsltra1itltmp_lcs/index.htm.
Enc1Wcllment Pandt
Please be advised that any work or traffic eontrol that encroaches onto the Stale right-of-way
(ROW) requires an encroachment petmit that is iuued by Caltrans. To apply, a completocl
encroachment permit application, environmental docummtatiori, and five (S) &eta of plans clearly
indicating State R.OW must be submitted to: David Salladay, Diatrict Office Chief, Office of
Permits, California Department of Transportation, District 4, P.O. Box 23660, Oaklmd, CA
94623-0660. Traffic-related mitigation musures should be incorporated into the construction
plans ·prior to the encroachment pomUt proceas. See this webtite for moie information:
www.dot.ca.gov/hqltmffopsldevelopserv/permits.
Should YoU have any questions reaarding this letter, pleue contact Brian Ashurst at (S 1 O) 286·
ssos or brian.ashunt@dot.ca.gov.
Sincerely,
PATRICIA MAURICE
District Brandi Chief
Local Development -Intergovernmental Review
c: Scott Morgan. State Clearinghouse
Robe.rt Swierk, Santa Clara Valley Transportation Authority (VTA) .,.. electronic copy
Robert Cunningham, Santa. Clara Valley Transportation Authority (VTA) -eleetronic copy
"/l~vlf# ti •• lfftltllutk. "'1fl10tff tlllt/(//lcit"' "51fr(l0f'/fltitltl
.r,vm• 111 allioirc~ Ca/flcrllhr'uC01tM1-1 ll¥06~"
-·Expect E-:xcellence ·--
November 2, 2017
Ms. Alicia Guerra
Buchalter Nemer
55 Second Street, Suite 1700
San Francisco, CA 94105
Subj ect: 401-409 Alberto Way
Los Gatos, California
NOVEMBER SUPPLEMENTAL RESPONSE
Dear Ms. Guerra:
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
Project No.
12175.000.000
At your request, we prepared this supplemental response letter for your project at 401-409 Alberto
Way in Los Gatos, California. Specifically, we are responding to potential project modifications
and related geotechnical items.
We p reviously prepared a design-level geotechnical report for the project (Reference 3), which
was peer reviewed by AMEC Foster Wheeler (AMEC, Reference 1 ). Our response letter to the
AMEC peer review comments (Reference 4) was accepted by the Town of Los Gatos. We
subsequently prepared a supplemental response-to-comment letter (Reference 5), which was
also peer reviewed by AMEC (Reference 2). As stated in Reference 2, AMEC concurred with our
supplemental response letter to the public comments and affitmed the feasibility of the subject
project from a geologic and geotechnical standpoint.
We understand the proposed size of the structure has been reduced to approximately 74,260
square feet. In addition, the below-grade parking has also been reduced and the footprint of
structure has been pulled into the site increasing the distance between the structure and property
boundary. These revisions are expected to further reduce the already negligible potential impact
to surrounding properties.
The geotechnical aspects of the project site have been thoroughly assessed and the proposed
changes do not result in any new significant impacts and support the analysis contained in the
EIR for the project.
If you have any questions regarding the contents of this letter, please do not hesitate to contact
us.
Scott .Johns, PE
Attachment: Selected References
SUBJECT TO ATfORNEY DIRECTION -ATIORNEY WORK PRODUCT
6399 San Ignacio Avenue, Suite 150 •San Jose, CA 95119 • (408) 574-4900 • Fax(888) 279-2698
www.engeo .com
·-----·---~· ~,, ~ l]GEO
EKpec: Exce llence ·-··
SELECTED REFERENCES
I. AM EC ; Peer Review -Geotech nical Exploration Report; 401 /\i::?~~!~c1 W-cc,y , : n;: Gatos ,
Californ ia ; Novemb e r 4 , 201 5. A M EC Proj ect No. 0 0 84491 9 60 .
2. AMEC Foster Wheeler; Geotechnical Peer Review ; 4 0 1-409 Alberto W ay , : . .1.).)1 G atos,
Californ ia ; April 28 , 2017. A M EC Proj ect No. 084491960.
3 . ENGEO; Geotech n ical Ex ploration; 40 1 A lberto Way , Los Gatos, California ; .Ju.ly 1 7, ~:n ~:_.:
(Revised Augu st 13, 2015). E NGEO Project No. 12175.000.000.
4 . ENGEO; Response t o AMEC Fo st er Wheeler Peer Review Co mments; 401 A lberto W ay , Los
Gatos, California ; Jan uary 11, 201 6 . ENGE O Project No . 12175.000.0 00.
5 . ENGEO; Supplemental Response to Public Comments; 401-4 09 /\!i'K'i'k Way, L os G::ii.o r0
Califo rn ia; A p ril 19 , 2017. ENGEO Project No. 12175.000 .000.
SUBJECT TO ATTO RN EY O:RECTl ON -ATTORNEY WO RK PRODUCT
12175.000.000
November 2, 2017
Expect Excellence·
November 6, 2017
Ms. Alici a Guerra
Buchalter Nemer
55 Seco nd Street, Suite 1700
San Fran ci sco, CA 94105
Subj ect: 401-·409 Alberto Way
Los Gatos, California
NOVEMBER Siii RESPONSE TO PUBLIC COMMENTS
Dear Ms. Guerra :
GEOTECHNICAl.
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCT!ON SERVICES -·-·--------
Project No.
12175.000.000
At your request, we prepared this supplemental response Jetter for you r project at 401 ~409 Alberto
Way in Los Gatos , California .
Ms. Loretta Fowler, Secretary, Committee on Alberto Way Development sent two emails to the
Town of Los Gatos, attention Jennifer Armer, between November 3 and November 5, 2017, titled
"Request for complete information about water table on the 405 site." Our response to
Ms. Fowler's comment is as follows:
M s. Fowler Comment 1
We at The Commons request that new borings be made on tne 401-409 Alberto Way site and the
readings provided to us and to the Planning Commission. In its initial report, ENGEO failed to
address the question of whether the neighboring properties would be adversely affected by the
excavation of a two level underground garage on that site. The ENGEO report of 711712015 stated
that three exploratory borings were done on 6/27 but data on the water table was given for only
the two boring sites on the south side. We have 1'9Bson to believe that the water table is much
higher on the north end of the site, and we want the water table readings there, which will require
new borings. This is a very serious issue for the neighbors on Alberto Way and we believe ENGEO
has not convincingly addressed It. Peer reviewer Amee Foster Wheeler did not catch this problem
even though our expert Dr. Peter Geissler pointed it out.
Before the next Planning Commission hearing, we would like the Town to require that these
borings on the north side of the site be done and tl1e readings from them produced
to document the depth of the water table. We residents of Alberto Way feel that our properties are
at risk and neither the developer's agent ENGEO nor the town's peer reviewer has given due
consideration to our concerns.
Thanks for looking into this, Jennifer. We have a different take. Figure 2 in ENGEO's Appendix C
does show the borings: 83 on the north end and B 1 and 2 on the south end of the site. In the
Boring Logs in Appendix A of this report, 81 went down 15 feet and encountered no groundwater.
82 went down farther and at 21 feet encountered groundwater. But 83 did not measure depth to
groundwater due to "caving when removing augers." As I said, we are skeptical and our concern
is bolstered by the Santa Clara District Water maps for the area. So, we would like a new boring
and readings from the north part of the site, where ENGEO says there is potential for liquefaction,
by the way.
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... -..
6399 San Ignacio Avenue, Suite 150 ° San Jose, CA 95119 Q (408) 574-4900 •Fax (888) 279-2698
www.engeo.com
Buchalter Nemer
401-409 Alberto Way, Los Gatos
NOVEMBER 6th RESPONSE TO PUBLIC COMMENTS
ENGEO Response to Comment 1
12175.000.000
November 6, 2017
Page 2
ENGEO responded to a similar comment in April 2017 (Reference 5). As previously stated in
Reference 5, the design groundwater level of 12 feet below existing grade recommended in the
project geotechnical report represents a historic high groundwater level obtained from maps
published by the State of California. The California State map used in design Incorporates data
provided by the Santa Clara Valley Water District as well as additional sources. Because the
project incorporates historic high groundwater levels in design, and not the deeper than historic
groundwater depths observed during drilling, additional borings as requested by the commenter
are not required.
Peer reviewer AMEC Foster Wheeler and the neighbor's engineering representative , Geissler
Engineering (Reference 6, Executive Summary and Groundwater Hydrology sections), concurred
with the recommended design groundwater level of 12 feet below existing grade.
If you have any questions regarding the contents of this letter, please do not hesitate to contact
us.
Sincerely
ENGEO Incorporated
Scott Johns, PE
rhb/sj/jk/dt
Attachment: Selected References
SUBJECT TO ATIORNEY DIRECTION -ATTORNEY WORK PRODUCT
Buchalter Nemer
401-409 Alberto Way, Los Gatos
NOVEMBER 6th RESPONSE TO PUBLIC COMMENTS
ENGEO Response to Comment 1
12175.000.000
November 6, 2017
Page 2
ENGEO responded to a similar comment in April 2017 (Reference 5). As previously stated in
Reference 5, the design groundwater level of 12 feet below existing grade recommended in the
project geotechnical report represents a historic high groundwater level obtained from maps
published by the State of California. The California State map used in design Incorporates data
provided by the Santa Clara Valley Water District as well as additional sources. Because the
project incorporates historic high groundwater levels in design, and not the deeper than historic
groundwater depths observed during drilling, additional borings as requested by the commenter
are not required.
Peer reviewer AMEC Foster Wheeler and the neighbor's engineering representative , Geissler
Engineering (Reference 6, Executive Summary and Groundwater Hydrology sections), concurred
with the recommended design groundwater level of 12 feet below existing grade.
If you have any questions regarding the contents of this letter, please do not hesitate to contact
us.
Sincerely
ENGEO Incorporated
Scott Johns, PE
rhb/sj/jk/dt
Attachment: Selected References
SUBJECT TO ATIORNEY DIRECTION -ATTORNEY WORK PRODUCT
SELECTED REFERENCES
1. AMEC; Peer Review -Geotechnical Exploration Repo1i; 401 Alberto Way, Los Gatos,
Ca!lfornia; November4, 2015. AMEC Project No. 0084491960.
2. AMEC Foster Wheeler; Geotechnical Peer Review; 401-409 Alberto Way, Los Gatos,
California; April 28, 2017. AMEC Project No. 084491960.
3. ENGEO; Geotechnical Exploration; 401 Alberto Way, Los Gatos, California; July 17, 2015
(Revised Aug ust 13, 2015). ENGEO Project No. 12175.000.000.
4. ENGEO; Response to AMEC Foster Wheeler Peer Review Comments; 401 Alberto Way, Los
Gatos, C'..alifornia; January 11, 2016. ENGEO Project No. 12175.000.000.
5. ENGEO; Supplemental Response to Public Comments; 401-409 Alberto Way, Los Gatos,
California; April 19, 2017. ENGEO Project No. 12175.000.000.
6. Geissler Engineering; Hydrology Report; 401-409 Alberto Way, Los Gatos, California, 95032;
dated March 31, 2017
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12175.000.000
November 6, 2017
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