Ord 2025 - Amending the Zoning Ordinance effecting a zone change from C-2 LHP to C-2 PD at 50 University AvenueORDINANCE 2025
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM C -2 LHP TO C-2 PD LHP AT 50 UNIVERSITY AVENUE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning at 50
University Avenue shown on the map which is attached hereto marked Exhibit A and is part of
this Ordinance from C -2 LHP (Central Business District - Landmark Historic Preservation) to C -2
PD LHP (Central Business District - Planned Development - Landmark Historic Preservation).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition of the Steamer's building and numerous accessory structures (shown
on the Official Development Plan, sheet 3) and the partial demolition and
reconstruction of the Old Town Center. The Old Town Center will be considered
demolished by Town Code (definition of demolition of an historic structure) since
more than 25 percent of the front exterior walls will be removed, and more than
50 percent of all exterior walls will be removed. The building however, will not
be demolished and interior walls will remain;
2. Construction of an underground parking garage with retail above, new commercial
building adjacent to St. Luke's Church (20 University Avenue), and
reconfiguration of the parking lot as shown on the Official Development Plan;
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3. Changing the use of the auditorium to a retail use. A theater use is a permitted use
within the existing auditorium, the amphitheater or elsewhere on the site;
4. Landscaping, streets and other improvements shown and required on the Official
Development Plan;
5. a. Relocation of the Steamer's restaurant to another space within the project site,
subject to the conditions of Steamer's most current Conditional Use Permit
[216 seats].
b. The existing restaurants (Wine Cellar - Suite 12 [49 seats]; California Cafe -
Suite 8 [208 seats]; and the Waves (or new tenant) - Suite 1 [91 seats]), are
permitted to remain in the existing Old Town Center building subject to their
conditions of their Conditional Use Permit; any changes to their use or
relocation within the Center on either side of University Avenue or increase
in seating, will require a modification to the applicable Conditional Use
Permit.
6. Uses permitted are those specified in the C -2 (Central Business District) zone by
Sections 29.60.320 (Permitted Uses) and 29.20.185 (Conditional Uses) of the
Town Code, as those sections exist at the time of the adoption of this Ordinance,
or as they may be amended in the future. However, no use listed in Section
29.20.185 is allowed unless specifically authorized by this Ordinance, or by
Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
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SECTION IV
Architecture and Site Approval is required before there are exterior changes to the Old
Town Center, demolition of the Steamer's building and construction work of the parking lot, new
buildings and reconstruction of the Old Town Center is performed, whether or not a permit is
required for the work and before any permit for construction is issued. Construction permits shall
only be in a manner complying with Section 29.80.130 of the Town Code. Interior work of the
Old Town Center is permitted to bring the building up to current Building Code and does not need
Architecture and Site approval. A Building Permit and other applicable permits may be required
for the interior work.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Tentative Map and Development Plans, 20
sheets), are part of the Official Development Plan. The following must be complied with before
issuance of any grading, demolition or construction permits:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. PARCEL. The parcel shall remain as one parcel.
2. HOLD HARMLESS. The developer has requested the Town's approval and has had the
opportunity to review, comment and accept the process and approval. The developer shall
hold the Town harmless from any claim or litigation alleging that this ordinance or
subsequent approvals obtained by the developer for this project was processed, adopted,
or approved in violation of any Federal, State, Town or other local law or regulation of
any kind, and shall pay all costs involved in defending any such claim or litigation,
including attorney fees.
3. PHASING. All buildings may be worked on simultaneously. Twenty Five percent of the
occupancy of Building E shall be held until final occupancy has been given for the existing
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Old Town Center and its two parking lots. A map shall be provided prior to the issuance
of a building permit, indicating the tenant spaces of Building E and which units are
proposed to have their occupancy held. During the final occupancy stage, these held units
may be changed with Town approval.
4. TRASH ENCLOSURE /MECHANICAL EQUIPMENT. Trash enclosures and mechanical
equipment shall be located as far from residential receptors as possible. The enclosures
shall be constructed to provide full screening from residential receptor locations. The
location of the trash enclosures will be reviewed during the Architecture and Site approval
process. The quietest and smallest capacity heating, ventilation, and air conditions
equipment that meets design specifications and Town Noise Ordinance standards shall be
used. The roof equipment for Building D shall be restricted to the east end of the building
and the vent exhausts shall be directed toward the Old Town parking lot.
5. ACCESS EASEMENT. If the trash pickup is proposed at Parking Lot 6, an access
easement shall be required to be obtained from the Town, prior to Architecture and Site
approval. If the easement is not granted, the revised trash pickup area shall be considered
during the Architecture and Site approval process which may require redesign and /or
reduction of building square footage.
6. RECYCLING. All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
7. STEAMER'S. The outside seating area for the relocated Steamer's restaurant, will be
reviewed during the Architecture and Site approval process' to ensure it meets all Town
Code and Town policy requirements.
8. CLOSED AREAS. All areas to be closed off within the existing Old Town Center shall
be explicitly documented to ensure that these areas will not and cannot be used in the
future during the Architecture and Site approval process. This documentation of the
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closed areas shall be shown on the Architecture and Site plans and building permit plans.
These areas shall visually be shown to be closed off during final inspection.
9. PLAQUES. The two plaques which currently exist on the building, (the history of Los
Gatos plaque and the dedication to teachers and students plaque), shall be saved and
replaced on the building prior to final occupancy.
10. PARKING SPACES. All parking spaces shall conform to current parking requirement
dimensions. Parking spaces in the underground garage next to columns, walls or similar
obstructions, shall have a minimum width of 9.5 feet. Parking plans will be reviewed
during the Architecture and Site approval process.
11. RESTROOMS. The restrooms located within the buildings, which are not elusively for
an individual office use, shall be available to the general public.
12. BUILDING D. The back wall (south side next to church) shall be painted to match or
harmonize with the existing St. Luke's wall.
13. BUILDING D ACCESS. Access to the space between Building D and the St. Luke's wall
may be securely closed to the public and accessible only to the appropriate and permitted
maintenance /landscaping personnel.
14. WALL. The proposed 10 foot high wall along the south property line adjacent to St.
Luke's Church shall not be constructed. The existing eight foot high wall shall remain.
If the church later decides that the wall is needed, and the applicant wishes to install the
wall, it shall be permitted with the appropriate approvals and permits from the Town.
15. BUILDING E. During the Architecture and Site approval process, Building E shall be
modified as follows:
a. Open up the center pathway. Building could be moved closer to the south
property line to increase width of pathway.
b. Design structure so that it appears to be a collective of individual structures
that abut each other.
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C. The roof design shall be reflective of the individual structures (break -up
rooflines).
d. Corner tower shall be redesigned into a clipped corner design.
e. Provide more variety in the buildings.
16. STORE DELIVERIES. The area behind Building E, adjacent to Parking Lot 6, shall not
be used for deliveries.
17. SIGNS. A sign program shall be submitted as part of the Architecture and Site approval
process. Arched wrought iron signs advertising Old Town are permitted as shown on the
attached Development Plans (Exhibit B). The margin of measurement for tenant signs
may be reduced to a minimum of one inch around all of the words and symbols. The
actual dimensions shall be finalized during the Architecture and Site approval process with
the sign program. Signs identifying business and the Center shall not be either lighted from
the interior or made of translucent materials.
(Engineering Section)
18. 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 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. At the
time of Architecture and Site Approval for the project, conformance with the Streetscape
Plan for Central Business District Improvements (which 'includes benches and trash
receptacles) will be determined and incorporated with the improvements identified below.
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a. University Avenue. Curb, gutter, "Villa Hermosa" sidewalk, curb ramp, driveway
approach, street lights, tie -in paving, removal of mid -block crosswalks, signing,
striping, storm and sanitary sewers, as required.
b. Elm Street. Curb, gutter, "Villa Hermosa" sidewalk, curb ramp, street lights, tie -
in paving, signing, striping, storm and sanitary sewers, as required.
C. Mullen Avenue. Curb, gutter, "Villa Hermosa" sidewalk, curb ramp, driveway
approach, street lights, tie -in paving, signing, striping, storm and sanitary sewers,
as required.
19. HYDRAULIC CALCULATIONS. At the time of the final design of the project, existing
and post - project hydraulic calculation for the project area and associated drainage
conveyance facilities between the project and Los Gatos Creek. The hydraulic calculation
should include calculations to confirm the preliminary findings of the EIR.
20. MID -BLOCK CROSSWALK. The existing mid -block cross walks shall be removed. No
new mid -block crosswalk shall be installed. The only marked crosswalk to the site shall
be at the Elm Street /University Avenue intersection and across Mullen Avenue at
University Avenue.
21. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before issuance
of the building permit.
22. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
proportional to the project's share of transportation improvements needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit application is
made. The number of trips used in the calculations will be the net additional trips as
shown in Table 5 -8 of the E.I.R. by Geier & Geier, dated September 1996. The fee shall
be paid before issuance of the building permit. The traffic impact mitigation fee for this
project using the current fee schedule is $89,280. The final fee shall be calculated from
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the final plans using the rate schedule in effect at the time of the building permit
application.
23. CHRISTMAS SHOPPING CONSIDERATIONS. Construction shall be scheduled or other
measures implemented, to minimize construction impacts during the Christmas shopping
season.
24. DEWATERING PLAN. Prior to issuance of a building permit, the project applicant shall
prepare a dewatering plan specifying how groundwater would be handled when
encountered during excavation, how temporary excavations would be protected from
groundwater saturation and how permanent foundations would be kept dry from
groundwater as well as from surface water runoff.
25. EROSION CONTROL PLAN. The project applicant shall prepare and implement an
erosion control plan in conformance with the Town and California Regional Water Quality
Control Board requirements prior to issuance of a building permit. The plan shall account
for existing drainage conditions since most runoff generated on the sunken parking lot site
during the excavation phase would be too low to drain to adjacent storm drains and would
require pumping.
26. STREET LIGHTING. The project applicant shall prepare and submit to the Town during
the Architecture and Site approval process, a street lighting program and plan for all
streets surrounding the proposed project site.
27. TRAFFIC DIVERTER. At the time of Architecture and Site Application, various methods
of preventing Old Town related traffic from using Edelen Avenue from Mullen Avenue
shall be explored. The method of traffic diversion chosen shall also be approved by
Central Fire Protection District.
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE
SERVICES:
28. TREE CARE. All tree care activities shall be accomplished by a licensed, competent tree
care firm as approved by and under the supervision of the Director of Parks, Forestry &
Maintenance Services.
29. PROTECTIVE FENCING. Prior to any construction or Building Permits being issued,
the applicant shall meet with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing trees. Such fencing is to
be installed prior to, and be maintained during construction.
30. NEW TREES. Newly planted trees shall be double- staked, using rubber tree ties and shall
be planted prior to acceptance of the subdivision.
31. IRRIGATION. No irrigation or planting shall be permitted under the dripline of existing
native trees. All newly planted material shall be irrigated by an in- ground irrigation
system.
32. CONSTRUCTION. No construction or grading shall take place within the dripline of
existing trees.
33. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the
dripline of existing trees shall have aeration tubes installed.
34. LANDSCAPE PLAN. A precise landscaping plan shall be submitted at the Architecture
and Site Approval stage of development. Planting on the south back of Building D shall
be done in cooperation with St. Luke's Church.
35. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance as per Chapter 26 Article IV of the Town Code. A review fee based on current
resolution shall be paid when the landscape, irrigation plans and water calculations are
submitted for review. Plans and fees must be submitted prior to issuance of a building
permit.
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36. ARBORIST REQUIREMENTS. The following measures from the Coate study (1996)
shall be enforced to minimize damage to the three Oak trees:
a. The foundation which is installed ten feet from the fence, beginning 50 feet
east of the curb, must be of pier and beam foundation design, not standard
L- footing.
b. If an additional wall is installed adjacent to the existing property line wall,
it shall also be of a pier and grade beam foundation design with the beam
laid on top of the existing grade.
C. When pavement is removed from any area beneath the canopy of one of
these trees, the pavement must be removed by breaking the pavement up
with a jackhammer or by manual labor, and the broken pieces shall be
loaded into a skip loader which is standing on undisturbed pavement.
Roots which are exposed in the top three inches of soil, with removal of
that pavement, shall be protected from compaction or other damage.
d. Under no circumstances shall equipment be allowed to drive on the exposed
soil once the pavement has been removed until protection has been installed
over the newly exposed roots.
e. The protective surfaces shall include a four inch layer of tree chips over
any surface beneath the tree canopy which is newly exposed.
f. If it becomes necessary to drive construction equipment over any of those
newly exposed areas, 1.5 inch plywood sheets shall be laid over a five inch
layer of tree chips to prevent compaction of the soil by equipment wheels.
g. As part of the contract specifications for the general contractor and all
subcontractors, construction personnel shall not be allowed to prune any of
the Oak tree limbs or branches located direly above construction. An
arborist certified by the International Society of Arboriculture shall be
called to prune the canopy of the trees over the parking lot before
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construction begin begins, if any conflicts arise between actual
construction and the tree at later stages of construction, only the arborist
shall be allowed to do additional pruning to solve the problem. All pruning
must follow Western Chapter, International Society of Arboriculture
Pruning Standards.
h. The two Oak trees located closest to University Avenue shall be fertilized
by injecting a liquid fertilizer mix into all areas beneath the canopies of
these trees, including that on the south side, of the existing wall. The
fertilizer shall be composed of Greenbelt 22 -14 -14 soluble fertilizer mixed
at four pounds of fertilizer per 100 gallons of water, and injected at 10
.gallons of this mix per one inch of trunk diameter into all areas beneath the
canopy in exposed soil or through bricks where that becomes the only
method by which fertilizer can be supplied to the root zone.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
37. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All
work shall conform to the applicable Town ordinances. Adjacent public right -of -way shall
be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not
be washed into storm sewers. The storing of goods and materials on the sidewalk and /or
street will not be allowed unless a special permit is issued. The developer's representative
in charge shall be at the job site during all working hours. Failure to maintain the public
right -of -way according to this condition may result in the Town performing the required
maintenance at the developer's expense.
38. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Construction Inspector at least twenty -four (24) hours before starting any
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work pertaining to on -site drainage facilities, grading, or paving; and all work in the
Town's right -of -way. Failure to do so will result in rejection of work that went on without
inspection.
39. EROSION CONTROL (COMMERCIAL). Interim and final erosion control plans shall
be prepared and submitted to the Engineering Development Section of the Planning
Department. On sites over 5 acres, at Notice of Intent (NOI) and Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the Region Water Quality Control Board.
Grading activities shall be limited to the period of least rainfall (April 15 to October 1).
A maximum of two weeks is allowed between clearing of an area and stabilizing /building
on this area if grading that is allowed to go on during the rainy season. In addition, straw
bales and plastic sheeting shall be stored on -site for emergency control, if needed. Install
filter berms, check dams, retention basins, silt fences, and straw bale dikes as needed on
the project site, to protect downstream water quality during winter months.
40. UTILITIES. The developer shall install all utility service, including telephone, electric
power, and other communications lines underground, as required by Town Code
§27.50.015(b).
41. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to, curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, or signs shall be repaired and replaced to a condition equal to or
better than the original condition. Existing improvements to be repaired or replaced shall
be at the direction of the Engineering Construction Inspector, and shall comply with all
Title 24 Disabled Access provisions. Developer shall request a walk - through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
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42. CURB RAMPS. The developer shall construct three or four (3 or 4) curb ramps
according to State Standard Drawings at the crosswalks at University Avenue /Elm Street,
University Avenue /Mullen Avenue and the University Avenue entrance. The exact
number will be determined at the time of Architecture and Site Approval. The actual
"Case" as shown on the standard to be used will be decided by the Engineering
Construction Inspector during the construction phase.
43. AS -BUILT PLANS. After completion of the construction of all work in the public right-
of -way or public easements, the original plans shall have all changes (change orders and
field changes) clearly marked. The "As- built" plans shall again be signed and "wet -
stamped" by the engineer who prepared the plans, attesting to the changes. The original
"As- built" plans shall be reviewed and approved the Engineering Inspector. A photo
Mylar of the approved "As- built" plans shall be provided to the TOWN before the release
of the Faithful Performance Security.
44. DRIVEWAY APPROACH. The developer shall install four (4) Town Standard
Commercial driveway approaches in the locations shown on the Official Development
Plan. The new driveway approaches shall be constructed per Town Standard Detail S -5.
45. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit and will require construction security.
46. GARAGE ACCESS RAMP. The garage access ramp shall be widened to 30 feet. This
will facilitate ingress and egress from the garage and allow the placement of a parking
control station in the future. The ramp shall be clearly signed to prohibit pedestrian use.
47. BUILDING "E" PARKING. The underground garage can be used for construction
worker parking once the Town Building Official has finaled the private use of the garage.
In addition, the entrance to the parking garage shall be monitored at all time that it is open
(e.g., guard, gate, etc.) to ensure it is not used by the public prior to the issuance of a
Certificate of Occupancy for Building "E".
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48. PARKING CONTINGENCY PLAN. The applicant shall prepare a construction worker
parking contingency plan, to be implemented if directed to do so by the Town, to have
construction workers park off -site. The plan shall include designation of a specific off -site
location for all construction worker parking. This location shall not be within the Central
Business District (C -2 zone) unless Town Council gives the authorization to a specific site,
and workers shall be shuttled from the off -site location. The parking contingency plan
shall be approved by the Director of Building and Engineering Services prior to the
issuance of a building permit.
49. CONSTRUCTION DELIVERIES. All construction deliveries shall be restricted to the
hours between 9:00 a.m. and 3:00 p.m. to minimize school and downtown impacts. The
applicant should monitor construction activities to ensure that traffic flow along University
are not adversely affected by materials /equipment deliveries. At no time shall street
blockages be permitted that would impact the mobility of emergency service vehicles.
50. PEDESTRIAN ACCESS. Construction activities shall be planned and implemented so as
to minimize disruption to pedestrian and vehicular traffic. The sidewalk shall be kept open
on at least one side of each street at all times.
51. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West
Valley Sanitation District at the developer's expense and approved by the Town of Los
Gatos before they are used or reused. Install sanitary sewer lateral clean -outs at the
property line.
52. GREASE TRAPS. Meet all requirements of the County Health Department and West
Valley Sanitation District for the interception, separation, or pretreatment of effluent for
all existing and new uses.
53. NOISE REDUCTION. Equipment used for project construction shall utilize control
techniques (improved mufflers, equipment redesign, use of silencers, ducts and mufflers)
in order to minimize construction noise impacts. Construction noise shall be minimized
by requiring the project contractors to agree with the following measures:
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a. If the Noise Ordinance noise standard cannot be met at the Mullen Avenue
property boundary or along the church boundary, temporary wooden
fencing shall be erected during construction along that boundary.
b. A member of the project applicant's team shall be appointed to enforce
construction hours allowed by Town Ordinance. The project applicant
shall introduce this person to the Town staff and have this person accessible
to the Town during all site preparation and construction activities.
C. Elimination of unnecessary idling of equipment.
d. Good maintenance and lubrication procedures shall be used on all
construction equipment to reduce operating noise.
54. HAZARDOUS MATERIALS PLAN. A management plan for hazardous materials shall
be prepared by the developer. This management plan shall identify all suspected
hazardous materials (including contaminated soils, groundwater, PCBs, lead -based paints,
asbestos) and specify applicable regulations that would determine appropriate handling and
disposal of hazardous materials. The management plan shall provide detailed
quantification of the types and quantities of asbestos. The plan shall also provide
guidelines for the handling and disposal of lead -based paints. When handling and
disposing of lead -based paints, appropriate measures shall be required to ensure
compliance with applicable state hazardous waste and OSHA regulations (worker safety).
The plan shall include plans for site safety /worker protection, sampling and investigation,
and disposal /remediation for materials which exceed regulatory action levels and are
determined to be hazardous. For suspected hazardous materials (contaminated soil and
groundwater) which may be encountered during construction, contingency plans for site
safety /worker protection, sampling and investigation, and disposal /remediation shall be
included; these shall be based on soil and groundwater sampling and testing that have
been completed to date. The plan shall be filed with the Town and all other appropriated
agencies. Appropriate contract specifications shall be imposed on construction contractors
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for proper handling and disposal of hazardous materials consistent with the required
management plan. The developer shall complete an asbestos survey of the Steamer's
building prior to demolition. The developer shall ensure that all existing asbestos
containing materials are removed, closed off or encapsulated by a licensed abatement
contractor prior to site preparation for renovation, rehabilitation and removal of any
materials or fixtures. This will include undertaking a physical examination of the project
site to determine the amount of each type of material to be closed off, encapsulated or
removed, and mapping areas where asbestos containing materials are to be closed off,
encapsulated and /or removed. An inspection and maintenance program shall be developed
for any areas closed off or encapsulated to prevent any fiber release.
55. HAZARDOUS MATERIAL PREPARATION. During demolition and excavation
activities, the developer shall be prepared for the potential of encountering hazardous
materials in areas not already characterized. The developer shall be alerted for visible
evidence of hazardous materials, such as soil discoloration, suspicious odors, or presence
of underground tanks, piping or other buried building materials and shall provide for the
collection of grab samples in the area of suspected contamination.
56. GROUNDWATER. If groundwater is encountered during project construction and
dewatering is required, the developer shall undertake sampling and testing of the
encountered groundwater in accordance with the contingency sampling and investigation
plan. If groundwater is found to contain contaminants which exceed regulatory action
levels, it may not be discharged into the existing storm drain system. Removal and
handling of the contaminated groundwater shall be done in a manner acceptable to the
Regional Water Quality Control Board, the Town and other jurisdictional agencies. Once
more detailed project plans become available, the Town may choose to require the
developer to submit a Notice of Intent (NOI) to the California Regional Water Quality
Control Board prior to construction. If required, the NOI letter shall include mapping,
NASHARMATY1216.12 16
potential pollutant lists, and a detailed description of drainage factors regarding the project
site during construction.
57. ELEVATOR CONTAMINANTS. The existence of contaminants in soil beneath the
existing elevator room shall be determined and appropriate remediation shall be completed
as required by applicable federal, state and local regulations. Appropriate contract
specifications shall be imposed on construction contractors for proper handling and
disposal of hazardous materials consistent with the required management plan.
58. PCB'S. The developer shall request PG &E to test the two transformers for PCBs and if
present, PCBs shall be removed and disposed of properly.
59. NOTIFICATION REQUIREMENTS. The developer shall comply with notification
requirements under applicable Federal regulations regarding hazardous air pollutants,
including asbestos, in accordance with Section 19827.5 of the California Health and Safety
Code (adopted January 1, 1991).
60. EXISTING BASEMENT. While the existing hazard posed in the crawl hole basement
area of Building B is not an impact of the proposed project, this area shall be immediately
be closed off or abated and the soil decontaminated by a licensed abatement contractor
(prior to initiation of any work on the proposed project). In the event the crawl hole
basement of this area is permanently closed off, an inspection and maintenance program
shall be developed to prevent any fiber release.
61. ASBESTOS EXPOSURE. All necessary measures shall be implemented to protect
operating merchants, employees and customers from exposure to asbestos.
62. BAAQMD. To comply with BAAQMD nuisance abatement rules, the following dust
(PM10) control measures shall be included as conditions of the grading permit:
a. Water all active construction areas at least twice daily.
b. Cover all trucks hauling soil, sand, and other loose debris or require all
trucks to maintain at least two feet of freeboard.
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C. Apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
d. Sweep (preferably with water sweepers) all paved access roads, parking
areas and staging areas at construction sites.
e. Sweep streets daily (preferably with water sweepers) if visible soil material
is carried onto adjacent public streets.
63. GEOLOGIC HAZARDS CHECKLIST. The developer shall submit to the Town a
Geologic Hazards Checklist, as outlined by the California Department of Conservation
Division of Mines and Geology, and appropriate geotechnical design studies demonstrating
that the probable lateral forces experienced at the project site from a seismic event have
been taken into consideration in the design and construction plans for the proposed project.
These studies shall address building foundation design for the parking garage and
Buildings D and E as well as for any seismic retrofit found to require new or upgraded
foundations in Buildings A and B. Project plans for seismic retrofitting of Buildings A
and B shall demonstrate conformance with 1994 Uniform Building Code requirements
(including 1995 California amendments) and /or recommendations made by Boley
Consulting Engineers, whichever requirements are determined to be appropriate by the
Town.
64. SEISMIC RETROFIT. The developer shall provide plans or designs for structural repairs
in order to seismically retrofit the existing buildings. Such plans or designs shall include
any and all foundations needed to support each location of seismic retrofitting. Proposed
plans shall conform to the current Uniform Building Code, with California amendments
in effect in Town.
65. BUILDING CODE. Project plans shall demonstrate conformance with current Uniform
Building Code requirements (including California amendments in effect in Town) and /or
recommendations made by Boley Consulting Engineers (whichever requirements are
determined to be appropriate by the Town) to repair and upgrade the structures in order
NASIIARDATY1216.12 18
to integrate the structural system and to make Buildings A and B capable of providing
resistance to gravity and seismic loads.
66. The westerly wall of the underground garage under Building E shall contain a structurally
designed section or sections that would structurally accommodate being knocked out for
access to and from a possible future below -grade parking level on Town Parking Lot
No. 6.
TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT
67. SPRINKLERS. Fire sprinkler system shall be modified as necessary for Buildings A, B
and C. An automatic fire sprinkler system shall be installed in Buildings D and E and the
parking garage.
68. HYDRANTS. Additional fire hydrants may be required. This will be determined during
the Architecture and Site approval process.
TO THE SATISFACTION OF THE CHIEF OF POLICE
69. LIGHTING. The stairwells and building recesses shall have proper lighting with
illumination no less than five foot candles at five feet off the ground. If telephones are
provided, they shall be located in the open courtyard, not hidden away behind walls.
TO THE SATISFACTION OF SANTA CLARA COUNTY WATER DISTRICT
70. DRAINAGE. There shall be no overbank drainage into the Los Gatos Creek from grading
the site. Storm runoff shall be collected via an onsite storm drain system and distributed
to an existing city storm drain system or an outfall into the creek. If an outfall is desired,
it shall be designed in accordance with District guide sheets.
NASHARMATY 1216.12 19
71. PERMIT. A District permit is required for any construction adjacent to or within the Los
Gatos Creek.
CIX4 "Cork iiAJ
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on December 2, 1996, and adopted by the following vote as an ordinance of the Town
of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on December 16, 1996.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Jan Hutchins, Randy Attaway
Vice Mayor Linda Lubeck
NAYS: None
ABSENT: Mayor Joanne Benjamin
ABSTAIN:
SIGNED: - '
VICE MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
NASHARMATY1216.12 20
50 UNIVERSITY AVE
EXHIBIT A
. WN Or L 0--) -8 G-�&T 0,6
To
Application No. z -"-1 Change of zoning map
amending the Town Zoning Ordinance.
CK Zone Change
Q Prezonin2
from C - 2 LMP
to _C - PO BHP s�
to n
RECOMMENDED by Planning Commission date 11 / 13 /ft
Approved by Tow ou - cjl date 16<ec4mAr I6,1W6 Ord.
Town Clerk Ma or c� ®�,� b�
Add'it'ional large
attachments or
exhibits have not
been scanned.
Please see
original file for
reference.