Item 5 Attachments 1-4ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCES 1247,1366, AND 1955 AND
AMENDING THE ZONING ORDINANCE EFFECTING
A ZONE CHANGE FROM CM:PD TO CM:PD AT
90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
(APNS: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063 )
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to rescind Ordinances 1247,
1366, and 1955 and to change the Zoning at 90 — 160 (Ninety to One Hundred and Sixty) Albright
Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as Exhibit A
and is part of this Ordinance (the "Property ") from CM:PD (Controlled Manufacturing, Planned
Development) to CM:PD (Controlled Manufacturing, Planned Development). APN's 424 -31 -053,
054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063.
SECTION H
The PD (Planned Development Overlay) zone established by this Ordinance (the "PD
Overlay") authorizes the following construction and use of improvements:
1. The development of the Property could include up to a maximum of 485,000 square feet of
office/R &D space (including office serving amenities), one parking garage, surface parking
areas, new access driveways, and new landscaping and open space.
ATTACHKMT 1
�. T T— pI'rntted nn ^ermitted are: erad . 1p
Permitted Uses:
• Office, including corporate, administrative, business, and professional offices, but
excluding medical and dental offices;
Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of materials and
products); and
• Office serving uses designed to primarily serve those employed at the site or visiting the
site for other business purposes, such as: recreational facilities; conference and training
facilities; restaurants, cafeterias, and other eating establishments; health and wellness
facilities; and ancillary uses such as on -site banking, ATMs, private post offices, personal
services (such as dry cleaning pick up), and similar support uses. These office serving
and ancillary uses shall not be available to the general public.
Conditional Uses:
• No conditionally permitted uses are allowed
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan (as
defined in Section V), and/or this ordinance specifically indicate otherwise.
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SECTION IV
Regardless of the type of permit, Architecture and Site Approval is required before any
construction work for the project is performed and before any permit for construction is issued.
Construction permits shall only be issued in a manner complying with Section 29.80.130
(Architecture and Site Approval) of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los Gatos
on June 13, 2013 (21 sheets) constitute the Official Development Plan. The following must be
complied with before issuance of any grading, demolition or construction permits, unless otherwise
stated below.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the performance
standards listed below and the Official Development Plan. Any further changes or
modifications made to the Official Development Plan shall be approved by the Community
Development Director, Development Review Committee, Planning Commission or the Town
Council, depending on the scope of the change(s).
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify,
and hold harmless the Town and its officials in any action brought by a third parry 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
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approval.
3. ARCHITECTURE AND SITE (A &S) APPROVAL REQUIRED: A separate A &S
application shall be required for the project. The A &S application shall be referred to
Planning Commission for a recommendation to Town Council. Town Council shall make the
final determination on A &S applications.
4. COMMERCIAL DESIGN GUIDELINES: A &S applications shall be reviewed for
compliance with the Common Design Guidelines of the Commercial Design Guidelines.
5. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS: A &S applications
shall be reviewed for compliance with applicable sections of the Guidelines and Standards
for Land Use Near Streams.
6. SUBDIVISION REQUIRED: A subdivision map application shall be approved prior to the
issuance of building permits. The Development Review Committee may be the deciding
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body for the tentative map.
7. BUILDING COMPOSITION: The project shall not exceed 485,000 square feet of
office/R &D space, inclusive of any indoor conference facilities, cafeteria, fitness center or
other amenities.
8. BUILDING HEIGHT: The maximum all inclusive height of the buildings shall be as
follows:
• Building 1 — 50' (fifty feet)
• Building 2 — 65' (sixty five feet)
• Building 3 — 65' (sixty five feet)
• Building 4 — 50' (fifty feet)
• Parking Garage 35' (thirty five feet), exclusive of tower elements, elevator overrun
structures, and other similar architectural elements.
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9. SETBACKS: Minimum setbacks are as set forth on Sheet A -04 of the Official Development
Plan (Exhibit B).
10. LOT COVERAGE: Maximum lot coverage for both buildings and parking structures is
limited to 50% of the lot area.
11. OFFICIAL DEVELOPMENT PLANS: The Official Development Plan provides the
permitted development parameters applicable to the property. Final building designs in
compliance with the Official Development Plan shall be determined during the A &S
Approval process.
12. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water Efficiency
Ordinance, whichever is more restrictive. A fee as established by Town Council resolution
shall be paid when the landscape, irrigation plans and water calculations are submitted for
review prior to the issuance of building permit.
13. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and final subdivision map
detailing how the performance standards will be addressed.
14. LANDSCAPE PLAN: The final landscape plan shall be reviewed by a restoration ecologist
for compliance with the Guidelines and Standards for Land Use Near Streams prior to the
issuance of a building permit. All Tree Protection measures recommended by the Consulting
Arborist in reports dated February 18, 2011, December 18, 2012, and January 16, 2013, shall
be followed.
15. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of any permits.
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li. U M TNU-- F , plce t 0, &'p tine of— istlnQ trees and
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shall remain through all phases of construction. Fencing shall be six foot high cyclone (chain
link) attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree protection fencing plan with the construction plans.
17. RECYCLING: Prior to the issuance of a demolition permit, the developer shall provide the
Community Development Director with written notice of the company that will be recycling
the building materials. All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company that will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of material,
shall be submitted to the Town prior to the Town's demolition inspection.
18. PARKING: The minimum parking ratio for the project is 3.3 spaces /1000 square feet. Wheel
stops may be used in the parking garages where deemed appropriate and necessary for safety.
Wheel stops shall not be used in any surface parking areas. Parking spaces shall be double
striped per Town standards.
19. NETWORK ACCESS: Network access shall be provided in the outdoor common areas, to
allow people to work outside.
20. PROJECT PHASING: The project may be constructed in phases. If the applicant/developer
elects to build the project in phases, then any undeveloped site(s) for future phase(s) shall
include provisions for landscaping and other attractive low maintenance improvements, and
security and maintenance of any undeveloped land to be developed under future phases.
21. DEVELOPMENT IMPACT FEES: The developer is required by law to pay development
impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos - Saratoga
Union High School District (LGSUHSD) at the time of the building permit issuance.
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22. LANDSCAPE SCREENING: All buildings and parking structures shall be significantly
buffered from Winchester Boulevard and adjacent properties by the existing and proposed
tree screen as shown on the Planting Plan. All healthy redwoods and other significant trees
along the Winchester Boulevard frontage screen shall be retained except for those that would
be removed with the construction of the new signalized project entry or other required
roadway improvements as shown on the Tree Disposition Plan. The proposed parking
structure would also be screened by the existing vegetation and additional landscaping as
shown on the Planting Plan.
23. PERIMETER TREES: The proposed trees to be planted along the perimeter of the property
shall be planted during the first phase of construction.
24. TREE MAINTENANCE AGREEMENT: The applicant shall enter into a Tree Maintenance
Agreement with the Town for five years for the twelve proposed trees to be transplanted.
Should any of the transplanted trees die, the applicant will be required to replace them with
trees that are 48 -inch box size at a minimum.
25. MITIGATION MEASURE 4.3 -2, PROTECTION OF NESTING SPECIAL - STATUS AND
MIGRATORY BIRDS: In order to avoid impacts to special - status and migratory bird species
during project implementation, the measures outlined below shall be implemented. With the
incorporation of the following measures, significant impacts on these species would be
avoided:
a. The removal of trees and shrubs shall be minimized to the extent feasible.
b. If tree removal, pruning, grubbing and demolition activities are necessary, such activities
shall be conducted outside of the breeding season (i.e., between September 1 and January
31), to avoid impacts to nesting birds.
c. If tree removal, pruning, grubbing and demolition activities are scheduled to commence
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a- e U' rd breedirc Sea50u ri bet`; __ Febru =' 1 and
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preconstruction survey shall be conducted by a qualified biologist no more than two
weeks prior to the initiation of work. The preconstruction survey shall include the project
footprint and up to a 300 -foot buffer, access and sight -lines permitting. If no active nests
of migratory birds are found, work may proceed without restriction and no further
measures are necessary. If work is delayed more than two weeks, the preconstruction
survey shall be repeated, if determined necessary by the project biologist.
d. If active nests (i.e. nests with eggs or young birds present, or hosting an actively breeding
adult pair) of special - status or migratory birds are- detected, the project biologist shall
designate non - disturbance buffers at a distance sufficient to minimize disturbance based
on the nest location, topography, cover, species, and the type /duration of potential
disturbance. No work shall occur within the non - disturbance buffers until the young have
fledged, as determined by a qualified biologist. The appropriate buffer size shall be
determined in cooperation with the CDFW and/or the USFWS. If, despite the
establishment of a non - disturbance buffer it is determined that project activities are
resulting in nest disturbance, work shall cease immediately and the CDFW and the
USFWS shall be contacted for further guidance.
e. If project activities must occur within the non - disturbance buffer, a qualified biologist
shall monitor the nest(s) to document that no take of the nest (i.e., nest failure) will result.
If it is determined that project activities are resulting in nest disturbance, work shall cease
immediately and the CDFW and the USFWS shall be contacted for further guidance.
26. MITIGATION MEASURE 4.3 -3, PROTECTION OF ROOSTING BATS: In order to avoid
impacts to special - status bat species during project implementation, the measures outlined
below shall be implemented. With the incorporation of the following measures, significant
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impacts on these species would be avoided.
a. Prior to the removal or significant pruning of trees and the demolition of 90 Albright Way,
a qualified bat biologist shall assess them for the potential to support roosting bats.
Suitable bat roosting sites include trees with snags, rotten stumps, and decadent trees with
broken limbs, exfoliating bark, cavities, and structures with cracks, joint seams and other
openings to interior spaces. If there is no evidence of occupation by bats, work may
proceed without further action.
b. If suitable roosting habitat is present, the bat biologist shall recommend appropriate
measures to prevent take of bats. Such measures may include exclusion and humane
eviction (see `b" below) of bats roosting within structures during seasonal periods of peak
activity (e.g., February 15 - April 15, and August 15 - October 30), partial dismantling of
structures to induce abandonment, or other appropriate measures.
c. If bat roosts are identified on the site, the following measures shall be implemented:
If non - breeding/migratory bats are identified on the site within a tree or building that is
proposed for removal, then bats shall be passively excluded from the tree or building.
This is generally accomplished by opening up the roost area to allow airflow through
the cavity /crevice, or installing one -way doors. The bat biologist shall confirm that the
bats have been excluded from the tree or building before it can be removed.
If a maternity roost of a special - status bat species is detected, an appropriate non-
disturbance buffer zone shall be established around the roost tree or building site, in
consultation with the CDFW. Maternity roost sites may be demolished only when it
has been determined by a qualified bat biologist that the nursery site is not occupied.
Demolition of maternity roost sites may not be performed during seasonal periods of
peak activity (e.g., February 15 - April 15, and August 15 - October 30).
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• NO additional mitigation for the loss of roostmg bat habitat ic, required.
27. MITIGATION MEASURE 4.3 -6, CREEK PROTECTION: The following measures from the
Town's adopted "Guidelines and Standards for Land Use Near Streams" would ensure that
site construction and operation would not result in indirect adverse effects on the riparian and
aquatic habitats or Los Gatos Creek:
Measures to be Implemented During Project Construction
a. Project construction activities shall be restricted to daylight hours; nighttime work shall
not be permitted.
b. Use of elevated flood lights shall not be perinitted;'any exterior lighting shall be directed
inward and shall not cause the illumination of the adjacent riparian habitat.
c. Dust control must be practiced during demolition and grading.
d. The Town of Los Gatos routinely requires implementation of protective measures for all
projects adjacent to stream courses. For all work adjacent to stream channels, best
management practices (BMPs) shall be implemented to prevent bank erosion,
sedimentation, release of contaminants, and accidental incursion by construction
equipment below the tops of bank. Such measures may include' "installation of silt
fencing, hay bales, straw wattles or other protective devices to prevent the downslope
migration of silt or sediment from the construction site.
Measures to be Implemented During Project Operation
e. Post - construction BMPs incorporated into the project's drainage plan shall comply with
Provision C.3.c of the Municipal Regional Stormwater Permit (see Impact 4.5 -5 in
Section 4.3, Hydrology and Water Quality, for more discussion) to ensure that no
significant adverse effects on water quality of Los Gatos Creek or the adjacent riparian
habitat would result.
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f. Exterior lighting shall be directed inward and shall not cause the illumination of the
adjacent riparian habitat.
g. Restrictions shall be in place to prevent the placement of pet food containers by
employees outdoors in areas accessible to wildlife.
h. Free - roaming domestic pets (e.g., cats, off -leash dogs) of employees shall not be
permitted.
i. All exterior trash receptacles shall be designed and maintained to exclude wildlife.
j. All storm water treatment facilities must be in accordance with local and regional water
quality standards to ensure there is no release of contaminants into the aquatic
environment.
28. MITIGATION MEASURE 4.4 -3a, FILL REMOVAL: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall require the
removal of existing fill materials within proposed building excavations to a lateral distance of
at least 5 feet beyond the building footprint or to a lateral distance equal to the fill depth
below the perimeter footing, whichever is greater. Reuse of the fill materials shall only be
allowed if they meet the requirements for engineered fill specified in the geotechnical report
for the project. Materials such as debris, wood, and trash that do not meet the requirements
shall be screened out of the fill materials and removed from the site. Fill materials shall be
placed in lifts and compacted in accordance with the compaction requirements specified in
the geotechnical report.
While it is preferable to replace all existing fills with engineered fills, those fill materials
extending into planned pavement and flat work areas (e.g. pedestrian concrete and pavers)
may be left in place at the project sponsor's option. However, the project sponsor must
determine that the fills are of low risk for future differential settlement and ensure that the
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upper 12- to 1 °- ' f fill below the subgrade worked and compacted in accordance
_1e 11e5 \ `
with the compaction requirements specified in the geotechnical report.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
29. MITIGATION MEASURE 4.4 -313, ABANDONMENT OF EXISTING UTILITIES: In
accordance with the recommendations of the project geotechnical report, the project sponsor
shall ensure that existing utilities are completely removed from all building areas. A utility
may only be abandoned in place if it would not pose an unacceptable risk, and if approved by
the geotechnical engineer. If abandoned in place, the utility'musvbe completely backfrlled
with grout or sand - cement slurry and the ends outside of the building area must be capped
with concrete. Trench fills must also be removed and replaced with engineered fill with the
trench side slopes flattened to at least 1:1.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
30. MITIGATION MEASURE 4.4 -3C, EXCAVATION SAFETY: In accordance with the
recommendations of the project- geotechnical report, the project sponsor shall ensure that the
below grade excavations within the upper five feet below the building subgrade are sloped at
3:1 (vertical: horizontal) and that those deeper than five feet below the building subgrade as
well as those excavations in pavement and flatwork areas are sloped at a maximum
inclination of 1.5:1. Alternatively, temporary shoring may be used to support the excavations.
The design of the shoring shall be left to the construction contractor's judgment, but shall
comply with the standards set forth in the geotechnical report for the project. A California-
licensed civil or structural engineer must design and be in charge of the temporary shoring
design.
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The shoring shall support adjacent improvements such as utilities, pavements, and buildings.
A pre- condition survey shall be conducted including photographs and installation of
monitoring points for existing site improvements. All sensitive improvements shall be located
and monitored for horizontal and vertical deflections and distress cracking based on the pre -
construction survey. For multi -level excavations, the installation of inclinometers at critical
areas may be required for more detailed deflection monitoring. The monitoring frequency
shall be established and agreed to by the project team prior to start of shoring construction.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
31. MITIGATION MEASURE 4.4 -31), IMPLEMENT RECOMMENDATIONS OF
GEOTECHNICAL REPORT: The project sponsor shall implement all of the
recommendations of the project geotechnical report, and any associated updates or revisions,
related to review of plans and specifications for proposed buildings; demolition observation
and testing; construction observation and testing; site demolition, clearing, and preparation;
subgrade preparation; subgrade stabilization; material for fill; compaction requirements;
trench backfill; site drainage; foundations; concrete slabs and pedestrian pavements;
vehicular pavements; and retaining walls.
32. MITIGATION MEASURE 4.7 -1, ADMINISTRATIVE CONTROLS: Prior to Grading
Permit issuance, the project applicant shall demonstrate to the satisfaction of the Town of Los
Gatos Public Works Department that the project complies with the following:
a. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, construction
activities (including operation of haul and delivery trucks) shall occur between the hours
of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and
holidays. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor
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Shall de.......StSat° to the .,atrsfactton Qf the Tnl }n Q£ T Q� Gatnc Ruhl1e Ll /nrkc
Department, that construction noise shall not exceed 85 dBA outside of the property line.
This shall be accomplished through the use of properly maintained mufflers and other
state - required noise attenuation devices.
b. Property occupants located adjacent to the project boundary shall be sent a notice, at least
15 days prior to commencement of construction of each phase, regarding the construction
schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be
posted at the project construction site. All notices and signs shall be reviewed and
approved by the Town of Los Gatos Public Works Department prior to mailing or posting
and shall indicate the dates and duration of construction activities, as well as provide a
contact name for the contractor's Noise Disturbance Coordinator and a telephone number
where residents can contact that person about the construction process and register
complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public Works
Department, a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator
shall be responsible for responding to any local complaints about construction noise.
When a complaint is received, the Disturbance Coordinator shall notify the Town within
24 -hours of the complaint and determine the cause of the noise complaint (e.g., starting
too early, bad muffler, etc.) and shall implement reasonable measures to resolve the
complaint, as deemed acceptable by the Public Works Department.
d. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences,
convalescent homes, etc.) to the extent feasible and shall be restricted to collector streets
in the project vicinity (i.e. Winchester Boulevard and Lark Avenue).
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e. During construction, stationary construction equipment shall be placed such that emitted
noise is directed away from sensitive noise receivers.
33. MITIGATION MEASURES 4.7 -2, VIBRATION CONTROLS: To prevent cosmetic damage
to existing adjacent structures, the project contractor shall avoid use of large, truck- mounted
vibratory compactors within 15 feet of adjacent structures, and shall not use any equipment
that generates vibration levels that exceed 0.5 in/see PPV, the cosmetic damage threshold for
transient vibration, when measured at the closest residential structures.
34. MITIGATION MEASURE 4.8 -1a, BAAQMD BASIC AND ADDITIONAL
CONSTRUCTION MITIGATION MEASURES: Prior to issuance of any Grading or
Demolition Permit, the Town Engineer and the Chief Building Official shall confirm that the
Grading Plan, Building Plans, and specifications stipulate that the following basic and
enhanced construction mitigation measures shall be implemented as required by BAAQMD
Guidelines while project phases are under construction:
• Water all active construction areas to maintain 12% soil moisture.
• All grading shall be suspended when winds exceed 20 miles per hour.
• All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
• Pave, apply water three times daily, or apply (non - toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging areas at construction sites.
• Hydroseed or apply non -toxic soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more).
• Enclose, cover, water twice daily or apply non -toxic soil binders to exposed stockpiles
(dirt, sand, etc.).
• All visible mud or dirt track -out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. Install sandbags or other erosion
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u "v1m :It,,,rtoffw public madways.
con .,.eas'w es to prevent s. p ..
• Wind breaks and perimeter sand bags shall be used to minimize erosion.
• The amount of simultaneously disturbed surface shall be minimized as much as possible.
• Site access points from public roadways shall be paved or treated to prevent track -out.
• Replace vegetation in disturbed areas as quickly as possible.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
• Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to two minutes. Clear signage shall be provided for
construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to contact at the Town
regarding dust complaints. This person shall respond and take corrective action within 48
hours. The BAAQMD's phone number shall also be visible to ensure compliance with
applicable regulations.
35. MITIGATION MEASURE 4.8 -113, BAAQMD ARCHITECTURAL COATINGS: Prior to
issuance of any Building Permit, the Chief Building Official shall confirm that the Building
Plans and specifications include the following BAAQMD additional construction mitigation
measures (during the application of architectural coatings in Years 3 and 4):
• Use low volatile organic compounds (VOC) (i.e., reactive organic gases [ROG]) coatings
beyond the BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings).
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VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
36. MITIGATION MEASURE 4.8 -1C, HAUL TRUCK VMT LIMITS: The following
limitations shall be adhered to during soil hauling activities (during mass and fine grading)
for construction Years 1 and 2 only in order to ensure NOX emissions would be reduced to
less- than - significant levels:
• Phase 1 (Year 1): Trucks hauling soil during Phase 1, shall not exceed a vehicle miles
traveled (VMT) per day during mass grading of 1,653 miles.
• Phase 2 (Year 2): Trucks hauling soil during Phase 2 shall not travel more than 1,943
VMT. VMT during fine grading shall not exceed 545 miles (NOX mitigation is not
necessary in Year 3).
• Phase 3 (Years 4 and 5): No mitigation is necessary.
Per BAAQMD policy, these travel distance limits are daily averages for a 7 -day week.
VMT's shall be logged weekly and supplied to the Town Engineer and the Chief Building
Official on a monthly basis. These limitations shall be stipulated in construction bids, plans,
and specifications.
37. MITIGATION MEASURE 4.9 -1, GHG REDUCTION MEASURES: Prior to the issuance of
building permits, the applicant shall demonstrate the incorporation of a combination (one or
more) of sustainable project design features that would meet the EIR significance threshold
of 4.6 MT CO2e /sp /year. The applicant's current proposal is to implement the GHG
mitigation measures identified in Table 4.9 -2 of this EIR, which would achieve the
reductions necessary to achieve the 4.6 MT CO2e /sp /year threshold. Those measures shall be
carried out, except that, at the applicant's election and subject to approval by the Community
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Development Director, the applicant may substitute nitPmnflve mPaCiirPC of e.n iiva1Pnt
effectiveness to one or more of the measures identified in Table 4.9 -2. In the event that the
BAAQMD has assigned percent reductions for such alternative measures, such reductions
shall be considered by Town Staff in determining whether such measures truly are equivalent
in their effectiveness to those identified in Table 4.9 -2. The following menu of measures
provides examples of potential alternatives to the measures already accounted for in Table
4.9 -2:
• Include solar photovoltaic or other technology to generate electricity on -site to reduce
consumption from the electrical grid.
• Implement an employee telecommuting program.
• Implement an on -site carpool matching program for employees.
• 100% Increase in Diversity of Land Uses (provide on -site employee amenities).
• Increase Energy Efficiency Beyond Title 24.
• Work with the Bay Area Air Quality Management District ( BAAQMD) to implement
acceptable off -site mitigation. This would involve an agreement with the BAAQMD and
payment of fees or the purchase of carbon credits. The BAAQMD would commit to
reducing the type and amount of emissions identified in the agreement.
38. MITIGATION MEASURE 4.10 -2, HAZARDOUS BUILDING MATERIALS SURVEYS
AND ABATEMENT: Prior to demolition of each building, the project applicant shall
incorporate into contract specifications the requirement that the contractor(s) have a
hazardous building materials survey completed by a Registered Environmental Assessor or a
registered engineer. This survey shall be completed prior to any demolition activities
associated with the project. If any friable asbestos - containing materials or lead - containing
materials are identified, adequate abatement practices, such as containment and/or removal,
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shall be implemented in accordance with applicable laws prior to demolition. Specifically,
asbestos abatement shall be conducted in accordance with Section 19827.5 of the California
Health and Safety Code, as implemented by the BAAQMD, and 8 CCR Section 1529 and
Sections 341.6 through 341.14, as implemented by Cal/OSHA. Lead -based paint abatement
shall be conducted in accordance with Cal/OSHA's Lead in Construction Standard.
Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and
fluorescent light ballasts containing DE HP shall also be removed and legally disposed of in
accordance with applicable laws including 22 CCR Section 66261.24 for PCBs, 22 CCR
Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11 for DEHP.
39. MITIGATION MEASURE 4.10 -3A, UPDATE ENVIRONMENTAL DATABASE
REVIEW: The project applicant shall retain a qualified professional to update the
environmental database review performed as part of the Phase 1 Environmental Site
Assessment no more than three months prior to the start of any construction activities that
would involve disturbance of greater than 50 cubic yards of soil. The qualified professional
shall prepare a report summarizing the results of the environmental database review that
assesses the potential for any identified chemical release sites to affect soil quality at the
proposed project site and identifies appropriate soil analysis to evaluate the potential for soil
contamination at the proposed project site, if needed. In response, the project applicant shall
implement the recommended soil analyses, if any.
40. MITIGATION MEASURE 4.10 -313, CONTINGENCY PLAN: The project applicant shall
require the construction contractor(s) to have a contingency plan for sampling and analysis of
potential hazardous materials and for coordination with the Santa Clara County Department
of Environmental Health in accordance with the Voluntary Cleanup Program in the event that
previously unidentified hazardous materials are encountered during construction. If
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..rP.�nncl.. .,wniVln„ntif ed enil rnntami_natinn is irlantified. ner the enntinoencv nlan, the
contractor(s) shall be required to modify their health and safety plan to include the new data,
conduct sampling to assess the chemicals present, and identify appropriate disposal methods.
Evidence of potential contamination includes soil discoloration, suspicious odors, the
presence of underground storage tanks, or the presence of buried building materials.
41. MITIGATION MEASURE 4.11 -2A, ARCHAEOLOGICAL MONITOR: A qualified
archaeologist shall be retained to monitor the site clearing and grading operations in those
areas where buildings will be removed and/or new construction will occur. The archaeologist
shall be present on -site to observe site clearing at a representative sample of building removal
areas until he /she is satisfied that there is no longer a potential for finding buried resources.
In the event that any potentially significant archaeological resources (i.e., potential historical
resources or unique archaeological resources) are discovered, the project archaeologist shall
stop work inside a zone designated by him/her where additional archaeological resources
could be found. A plan for the evaluation of the resource shall be submitted to the
Community Development Director for approval. Evaluation normally takes the form of
limited hand excavation ° and analysis of materials and information removed to determine if
the resource is eligible for inclusion on the California Register of Historic Resources
(CRHR).
42. MITIGATION MEASURE 4.11 -213, IDENTIFICATION OF ELIGIBLE RESOURCES: If
an eligible resource (i.e., an historical resource or a unique archaeological resource) is
identified, a plan for mitigation of impacts to the resource shall be submitted to the
Community Development Department for approval before any additional construction related
earthmoving can occur inside the zone designated as archaeologically sensitive. Whether the
proposed plan is feasible shall be determined by the Community Development Department
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after consideration of the viability of avoidance in light of project design and logistics. In lieu
of avoidance, mitigation could include additional hand excavation to record and remove for
analysis significant archaeological materials, combined with additional archaeological
monitoring of soils inside the archaeologically sensitive zone.
43. MITIGATION MEASURE 4.11 -2C, DISCOVERY OF HUMAN REMAINS: Required
monitoring will also serve to identify and reduce damage to human burials and associated
grave goods. In the event that human remains are discovered, it shall be the responsibility of
the project archaeologist to contact the County Coroner's Office and the Native American
Heritage Commission (NAHC). The NAHC is responsible for naming a Most Likely
Descendant (MLD) who shall represent tribal interests in regards to human remains and
associated grave goods. The MLD shall make recommendations to the Community
Development Director regarding the method for exposure and removal of human burials and
associated grave goods, and shall advise the Community Development Director regarding the
place and method of reburial of these materials.
44. MITIGATION MEASURE 4.11 -3, HALT CONSTRUCTION AND EVALUATE
RESOURCE: Prior to the commencement of construction activities, the project applicant
shall provide for a qualified paleontologist to provide construction personnel with training on
procedures to be followed in the event that a fossil site or fossil occurrence is encountered
during construction. The training shall include instructions on identification techniques and
how to further avoid disturbing the fossils until a paleontological specialist can assess the
site. An informational package shall be provided for construction personnel not present at
the meeting.
In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or micro -
fossil) is found during construction, excavation within 50 feet of the find shall be temporarily
21
halted or diverted until the discovery is evaluated. Upon discovery, the Commnunity
Development Director shall be notified immediately and a qualified paleontologist shall be
retained to document and assess the discovery in accordance with Society of Vertebrate
Paleontology's 2010 Standard Procedures for the Assessment and Mitigation of Adverse
Impacts to Paleontological Resources, and determine procedures to be followed before
construction is allowed to resume at the location of the find. If the Community Development
Director determines that avoidance is not feasible, the paleontologist will prepare an
excavation plan for mitigating the project's impact on this resource, including preparation,
identification, cataloging, and curation of any salvaged specimens.
45. COMMUNITY BENEFIT: Community Benefit is required as offered by the applicant in
Exhibit 9 of Attachment 4 and Attachment 9 of the Town Council Staff Report for their
meeting on May 20, 2013. This includes the applicant's offer to provide $I per constructed
square foot of new office/R &D buildings.
46. KEEP CLEAR: Applicant shall provide "Keep Clear" or other appropriate roadway markings
and signage at the intersection of Charter Oaks Drive and Lark Avenue.
47. SIGNS: No signs shall be visible from Highway 85.
Building Division
48. PERMITS REQUIRED: A separate building permit shall be required for the demolition(s) of
existing buildings and each new office /commercial building and the parking garage structure.
Separate permits are required for electrical, mechanical, and plumbing work as necessary.
49. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the second sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of Approval
22
will be addressed.
50. SIZE OF PLANS: Four sets of construction plans, size 30" x 42" maximum.
51. STREET NAMES, BUILDING & SUITE NUMBERS: Submit requests for new street names
and/or building addresses /suite numbers to the Building Division prior to submitting for the
building permit application process.
52. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted with
the building permit application. This report shall be prepared by a licensed civil engineer
specializing in soils mechanics.
53. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications
and Bay Area Air Quality Management District Applications from the Building Department
Service Counter. Once the Demolition 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.
54. SHORING: Shoring plans and calculations will be required for all excavations which exceed
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 regulations.
55. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
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nM and that the hrnilrlino naA PlPVatinnc and nn -cite retaining wall location- and elevations
r.,p........_. _I .._ .,_�_- ..a =__ ---.__.____
have been prepared according to the approved plans. Horizontal and vertical controls shall be
set and certified by a licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
56. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue -lined (sticky - backed) onto a sheet of the plans. "
57. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) 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.
58. FIRE ZONE: This project will require Class A Roof Assemblies.--.-. -
59. SPECIAL INSPECTIONS: When a special inspection fs 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
60. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet
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2406) shall be part of the plan submittal as the second or third page. The specification sheet
is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print
for a fee.
61. NPDES -C.3 DATA FORMS: Copies of the NPDES C.3 Data Forms (updated based on the
final construction drawings) must be blue -lined in full onto the Plans. In the event that this
data differs significantly from any Planning approvals, the Town may require recertification
of the project's storm water treatment facilities prior to release of the Building Permit.
62. GREEN BUILDING STANDARDS: This project must, at a minimum, be in compliance
with the Nonresidential Mandatory Measures of the 2010 California Green Building
Standards Code and all subsequent Amendments.
63. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be
provided from public transportation stops, accessible parking and accessible passenger
loading zones and public streets or sidewalks to the accessible building entrance that they
serve. The accessible route shall, to the maximum extent feasible, coincide with the route for
the general public. At least one accessible route shall connect all accessible buildings,
facilities, elements and spaces that are on the same site. If access is provided for pedestrians
fi-om a pedestrian tunnel or elevated walkway, entrances to the buildings from each tunnel or
walkway must be accessible.
64. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking
is provided for the public as clients, guests or employees, shall provide handicap accessible
parking. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking, accessible parking spaces
shall be dispersed and located closest to the accessible entrances.
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6g, APPROVALS REQUIRED: The prniect requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Joel Paulson (408) 354 -6879
b. Engineering/Parks & Public Works Department: Maziar Bozorginia (408) 395 -3460
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Bay Area Air Quality Management District: (415) 771 -6000
Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
66. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into stonn
drainage facilities. The storing of goods and materials on the sidewalk and/or the street will
not be allowed unless a special permit is issued. The developer's representative in charge
shall be at the job site during all working hours. Failure to maintain the public right -of -way
according to this condition may result in the Town performing the required maintenance at
the developer's expense.
67. GRADING PERMIT: A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering Division of
the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall
26
include final grading, drainage, retaining wall location, driveway, utilities and interim erosion
control. Grading plans shall list earthwork quantities and a table of existing and proposed
impervious areas. Unless specifically allowed by the Parks and Public Works Director, the
grading permit will be issued concurrently with the building permit. The grading permit is for
work outside the building footprint(s). A separate building permit, issued by the Building
Department at 110 E. Main Street is needed for grading within the building footprint.
68. GRADING PERMIT PHASING: Phased grading permits may be allowed if approved by the
Town Attorney and the Parks and Public Works Director. Phasing may relate to development
phases or to multiple grading permits within a development phase, such as early release of a
grading permit prior to release of the building permit, or for utility relocation. Bonding of
early grading improvements may be required.
69. PILE DRIVING: No pile driving shall be allowed during any phase of construction.
70. TENTATIVE MAP: A tentative map is required, either one tentative map for the proposed
project or more than one tentative map, depending on phasing, prior to submittal for one or
more final or parcel maps. Phased subdivision maps shall be permitted.
71. SUBDIVISION MAP: A final or parcel map shall be recorded. Two copies of the final /
parcel map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any building permits are
issued. Tentative Map planning applications shall be approved for each development phase
before a parcel or final map for that phase is recorded.
72. RIGHT OF WAY VACATION: The Albright Way and Albright Court right of ways shall be
vacated prior to or concurrently with the first subdivision map. Street vacation or issuance of
an encroachment permit shall occur prior to issuance of permits allowing private work to
27
commence in street right of way arras.
73. PUBLIC EASEMENT ABANDONMENT: The initial public easements to be abandoned
shall occur prior to or simultaneously with the street vacation or issuance of an encroachment
permit. Subsequent public easement abandonments may be approved by the Director of Parks
and Public Works.
74. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction security.
75. DEDICATIONS: The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are - issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage and
site entry improvements.
b. Public Service Easements (PSE), as required.
I
c. Ingress- egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Extending from the northerly terminus of Charter Oaks,
through the project site, to Winchester Blvd. sufficient to meet the Fire Department's
requirements. No private vehicle access will be permitted between Charter Oaks to the
project site utilizing this Easement.
76, PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided for each
building stating that the building foundation was constructed in accordance with the approved
plans shall be provided subsequent to foundation construction and prior to construction on the
structure. The pad certification shall address both vertical and horizontal foundation
placement.
77. DESIGN CHANGES: The Applicant's registered Engineer shall notify the Town Engineer, in
writing, at least 72 hours in advance of all differences between the proposed work and the f
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design indicated on the plans. Any proposed changes shall be subject to the approval of the
Town before altered work is started. Any approved changes shall be incorporated into the
final "as- built" drawings.
78. AS- BUILT PLANS: After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as- built" plans
shall again be signed and "wet- stamped" by the civil engineer who prepared the plans,
attesting to the changes. The original "as- built" plans shall be review and approved the
Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans shall be
provided to the Town before the Faithful Performance Security or Occupancy Permit is
released. The AutoCAD file shall include only the following information and shall conform
to the layer naming convention: a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway,
Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool,
Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS- COURT; f) Property Line,
Layer: PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files
must be on the same coordinate basis as the Town's survey control network and shall be
submitted in AutoCAD version 2000 or higher.
79. FINISHED FLOOR ELEVATIONS: Finished floor elevations for all new inhabitable
buildings shall be higher than the 100 -year- water surface elevations identified on Flood
Insurance Rate Maps current at the time of building permit issuance.
80. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review
at the Engineering Division of the Parks and Public Works Department.
81. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
82. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
29
Engineering Inspector at least twenty -frnir (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 rejection of work that went on without inspection.
83. THIRD PARTY INSPECTOR FEES: The applicant shall pay for the inspection of public
street lighting and traffic signal related work. Inspections shall be performed by the Town's
street lighting and traffic signal contractor. An initial deposit of $5,000 shall be made to the
Town prior to issuance of an encroachment or public improvement permit. Inspection will be
on a cost recovery basis and additional inspection fees may be required.
84. SOILS ENGINEER CONSTRUCTION : OBSERVATION: During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing should be documented in an "as- built" letter /report prepared by the
applicants' soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
85. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved prior to
issuance of any permit for each development phase, subject to the discretion of the Town
Engineer.
86. STORMWATER MANAGEMENT PLAN: A storm water management plan shall be
included with each phased grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3 of the amended Santa Clara County NPDES Permit.
The plan shall delineate source control measures and BMP's together with the sizing
calculations. The plan shall be certified by a professional pre - qualified by the Town. In the
30
event that storm water measures proposed for the A &S approval differ significantly from
those certified on the Building/Grading Permit, the Town may require a modification of the
A &S approval prior to release of the Building Permit. The applicant may elect to have the
A &S submittal certified to avoid this possibility.
87. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION
AND MAINTENANCE OBLIGATIONS: The property owner or Owner's Association, as
appropriate, shall enter into an agreement with the Town for maintenance of the stormwater
filtration devices required to be installed on this project by Town's Stormwater Discharge
Permit and all current amendments or modifications. The agreement will specify that certain
routine maintenance, including catch basin cleaning and pavement sweeping, shall be
performed by the property owner or owner's association, as applicable, and will specify
device maintenance reporting requirements. The agreement will also specify routine
inspection requirements, permits and payment of fees. The agreement shall be recorded prior
to release of any occupancy permits.
88. SITE DRAINAGE: All storm drain inlets (public or private) shall be stenciled/signed with
appropriate "NO DUMPING - Flows to Bay" NPDES required language.
89. NPDES 1: On -site drainage systems for all projects shall conform to the requirements of the
Municipal Regional NPDES Permit that is current at the time of A &S approval for each
development phase. Each development phase must provide, at a minimum, sufficient
improvements to treat all development within that phase. Deferral of treatment to future
phases will not be allowed.
90. NPDES 2: Prior to issuance of a building permit for each new building, landscape plans shall
be submitted to Community Development for review and approval to insure that beneficial
landscaping has been incorporated into the design to minimize irrigation runoff and use of
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pesticides and fertilizers.
91. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant
capacity fees for a project phase shall be paid either immediately prior to the recordation of
any subdivision map for that phase, or immediately prior to the issuance of a sewer
connection permit, which ever event occurs first. Written confirmation of payment of these
fees shall be provided prior to recordation of each map or issuance of a building permit.
92. SANITARY SEWER LATERAL: Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line. --
93. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the
backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall
not incur any liability or responsibility for damage resulting fiom a sewer overflow where the
property owner or other person has failed to install a backwater valve, as defined section
103(e) of the Uniform plumbing Code adopted by section 6.50.010 of the Town Code and
maintain such device in a functional operating condition. Evidence of West Valley Sanitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building permit.
94. TRASH ENCLOSURES: Trash enclosures shall be covered and provided with a drain
connected to the sanitary sewer system. No trash enclosure shall be placed between a
building and a residential area.
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95. GREASE TRAPS: Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception, separation or pretreatment of effluent.
96. UTILITIES: All new utilities shall be placed underground.
97. ABOVE GROUND UTILITIES: The applicant shall submit a 75- percent progress print to the
Town for review of above ground utilities including backflow prevention devices, fire
department connections, gas and water meters, off - street valve boxes, hydrants, site lighting,
electrical/communication/cable boxes, transformers, and mail boxes. Above ground utilities
shall be reviewed and approved by the Community Development Director prior to issuance of
any permit for each development phase.
98. UTILITY RELOCATION AND PHASING: Utility and circulation relocation and phasing
plans shall be included in the grading permit application package.
99. PHOTOMETRICS: Site lighting photometics shall be provided with each Architecture and
Site application.
100. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall be
provided prior to recordation of each subdivision map.
101. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town
prior to recordation of each map. The joint tench plans shall include street and/or site
lighting and associated photometrics. A letter shall be provided by PG &E stating that public
street light billing will be by Rule LS2A, and that private lights shall be metered with billing
to the owner. Pole numbers, assigned by PG &E, shall be clearly delineated on the plans.
102. TRENCHING: Trenching within public streets will be allowed subject to the following
requirements:
a. The Town standard "T" trench detail shall be used.
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h. A Town aiP,— ved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium
asphalt. The initial lift(s) shall be of three quarter inch medium asphalt.
d. The Contractor shall schedule a pre - paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slung seal shall extend the
full width of the street and shall extend 5 -feet beyond the longitudinal limits of trenching.
Slurry seal materials shall be approved by the Town Engineering Construction Inspector
prior to placement. Black sand may be required in the slurry mix. All existing striping
and pavement markings shall be replaced upon completion of slurry seal operations.
103. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proportional to the
project's share of transportation improvement needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit application is made. The fee shall be paid before the
building permit is issued. The traffic impact mitigation fee for this project, using the current
fee schedule and addition of 300,000 square -feet of Office Park (TTE Code 750) is $192,960.
The final fee shall be calculated from the final plans using the rate schedule in effect at the
time of the building permit application, using a trip generation rate based on use.
104. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
105, LARK/UNIVERSITY TRAFFIC SIGNAL: Prior to issuance of a building permit or
recordation of any map, the developer shall pay $228,639.11 to reimburse the Town for their
34
fair share contribution towards the construction of a traffic signal at the intersection of
University Avenue and Lark Avenue. The contribution is based on 52- percent of the total
construction and design cost of $397,550.63.
106. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
107. TRAFFIC SIGNAL:_ A new intersection aligned with the existing Courtside driveway on
Winchester Boulevard, and conversion of the existing Albright Way intersection to right -turn
in and out shall be provided with the Phase 1 development. A full traffic signal, signal
interconnection and timing shall be provided prior to issuance of the first certificate of
occupancy.
108. TRAFFIC SIGNAL TIMING AND SYNCHRONIZATION: The applicant shall provide a
proposal from a licensed traffic engineer containing a scope of work for developing a method
of interconnection, coordination, and timing of the traffic signals along Winchester from the
new project signal to Winchester/Wimbledon to Lark/Winchester and on to Lark/University.
New conduit is required in locations where street widening is proposed. The proposal and
method of signal coordination shall be reviewed and approved by Town Engineer. Signal
coordination shall be in place prior to occupancy of Phase 1 building, and re -timed again
once each building has reached a significant level of occupancy. A bond for the signal
coordination up to two times subsequent to the initial work performed prior to occupancy
shall be posted with the Town prior to issuance of each certificate of occupancy.
109. TRAFFIC CIRCULATION STUDIES: As part of each grading permit application, the
developer shall submit design-level circulation plans to address onsite circulation and project
entry points from Winchester Boulevard at each development phase. The plans will identify
the configuration of on -site circulation facilities and project entry points from Winchester
35
Boulevard as needed to support each development -base.
110. TRAFFIC IMPROVEMENTS: The following traffic improvements shall be constructed prior
to issuance of the first certificate of occupancy:
a. New Project Entry. The applicant shall construct a new four -way signalized intersection
to align with the existing Courtside driveway approximately 200 -feet south of Albright
Way. The design shall include, at a minimum, an additional right turn lane entering the
project site, additional Class II bike lane on east side of Winchester Boulevard along
entire project frontage, and two left -turn lanes exiting the project site. The southbound
left turn pock shall be formed using a raised median. The raised median shall extend
north to physically restrict southbound left and U -turns at Albright Way. The northbound
left tam pocket to the Courtside Club shall be extended to 175 -feet (7 car queue) as
recommended in the traffic impact analysis. Handicap ramps, pedestrian crossings,
signing, striping and parking shall be provided in general conformance with the approved
PD plan set.
b. Albright Way at Winchester Blvd. Construct a landscaped island ( "pork chop ") to restrict
vehicular movement to right -in right -out only with turn restriction signage.
c. Frontage Improvements. Paint pole and install LED light fixtures for all existing street
lights at the project frontage.
d. Class II Bike Lanes. Class II bike lanes shall be provided in both the north and south
bound directions on Winchester Boulevard between Wimbledon Drive and the rail
crossing. Median islands shall be modified as needed to accommodate the bike lanes.
e. Dedicated Right Turn Lanes. Winchester Boulevard shall be widened to provide
dedicated right tam lanes at the south entry and new signalized entry. Additional
widening may also be required to provide a right turn lane at Albright Way if determined
REO
to be required by the Director of Parks and Public Works.
f. Striping. The developer shall restripe southbound Winchester Boulevard between the
Courtside entrance and Lark Avenue to provide a dedicated southbound left -turn lane to
eastbound Lark Avenue.
111. FRONTAGE IMPROVEMENTS: 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 approaches, curb ramps, traffic signal, street lighting
(upgrade and/or repaint) etc.
112. BUS PAD: Prior to issuance of the first certificate of occupancy, the developer shall provide
a bus pad on northbound Winchester Boulevard north of Albright Way. The pad shall meet
the following VTA specifications:
a. Handicap access ramps and sidewalk from Albright Way to the bus pad;
b. 10' x 55' concrete bus pad constructed to VTA specifications;
c. Minimum 8' x 40'concrete sidewalk adjacent to the bus stop area;
d. Solar bus stop light mounted on VTA bus stop pole with ADA compliant activation
button;
e. Trees and landscaping should be placed outside the bus stop area to accommodate
passenger /pedestrian movement and provide clearance for vehicles.
113. PUBLIC IMPROVEMENTS: Plans for public improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed by
contract, Faithful Performance Security and Labor & Materials Security before the issuance
of a building permit or the recordation of a subdivision map for each development phase.
The improvements must be substantially completed prior to issuance of the fast certificate of
occupancy, fully complete and accepted by the Town prior to issuance of the final Certificate
37
of occupancy for each development phase.
114. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings,
etc. shall be repaired and replaced to a condition equal to or better than the original condition.
A slurry seal shall be provided across the full lane width in areas of trenching, lane widening,
median modification or construction, and where striping has been ground off. Existing
improvement to be repaired or replaced shall be at the direction- ° of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk - through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
115. PUBLIC AND PRIVATE IMPROVEMENT SECURITY: The applicant shall supply suitable
securities for all public improvements, and private circulation and drainage infrastructure
improvements that are a part of the development in a form acceptable to the Town in the
amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit
for each development phase. Applicant shall provide two (2) copies of documents verifying
the cost of the applicable improvements to the satisfaction of the Engineering Division of the
Parks and Public Works Department.
116. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading permit plan review
process.
-1
117. SOILS REPORT: One copy of the soils report shall be submitted with each grading permit
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. The reports
shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section
6735 of the California Business and Professions Code. Each report shall be peer reviewed by
Town Consultants prior to submittal for permits.
118. SOIL EXPORT: The total soil export volume (sum of all development phases) fiom the site
shall not exceed 22,200 cubic yards. The contractor's project engineer shall send daily
trucking reports to the Engineering inspector during the export operation of each
development phase. Project impacts were evaluated based on the following earthwork
breakdown: Phase 1) 33,000 CY cut to fill, 8,700 CY export; Phase 2) 4,500 CY cut to fill,
10,000 CY export; and Phase 3) 31000 CY cut to fill, 3,500 CY export.
119. HAULING OF SOIL: Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). No more than 10 trucks per hour will be allowed. Prior to the issuance of a building
permit, the developer shall work with the Town Building and Engineering Department
Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow
under periods when soil is hauled on or off the project site. This may include, but is not
limited to provisions for the developer /owner to place construction notification signs noting
the dates and time of construction and hauling activities, or providing additional traffic
control. Coordination with other significant projects in the area may also be required. Cover
all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least
two feet of freeboard.
39
120. SOILS REVIEW: Prior to issuance of each grading permit, the applicant's soils engineer
shall review the final grading and drainage plans to ensure that designs for foundations,
retaining walls, site Fading, and site drainage are in accordance with their recommendations
and the peer review comments. The applicant's soils engineer's approval shall then be
conveyed to the Town either by letter or by signing the plans.
121. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A Notice of
Intent (NOD and Storm Water Pollution Prevention Plan ( SWPPP) shall be submitted to the
San Francisco Bay Regional Water Quality Control Board for projects disturbing more than
one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizing building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town
standard seeding specification, filter berms, check dams, retention basins, etc. Provide
erosion control measures as. needed to protect - - downstream water quality during winter
months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with
applicable measures contained in the amended provisions C.3 and C.14 of the most current
Santa Clara County NPDES MRP Permit.
122. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall - -top of wall elevations and locations
b. Toe and top of cut and fill slopes
M
123. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the
project Applicant shall complete a pavement condition survey documenting the extent of
existing pavement defects using a 35 -mm or digital video camera. The survey shall extend
from the Highway 17 freeway ramps on Lark Avenue along Lark and Winchester to the
Campbell City limits. In addition, a pavement deflection analysis conforming to the same
limits as the photographic survey shall be performed to determine pavement strength. The
results shall be documented in a report and submitted to the Town for review.
124. POSTCONSTRUCTI0N PAVEMENT SURVEY: The project Applicant shall complete a
post construction pavement condition survey and pavement deflection analysis to determine
whether road damage occurred as a result of project construction and whether there were
changes in pavement strength. Rehabilitation improvements required to restore the pavement
to pre - construction condition and strength shall be determined using State of California
procedures for deflection analysis. The results shall be documented in a report and submitted
to the Town for review and approval. The Applicant shall be responsible for completing any
required road repairs prior to release of a certificate of occupancy.
125. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of any grading permit.
126. DEMOLITION: Any existing structures that would straddle a future property line shall be
demolished prior to recordation of the final or parcel map for the applicable phase.
127. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and
in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three times daily, or
41
apply (non - toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration of
the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town.Engineer, or at least once a
day. Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 pair. and shall include at least one late - aftemoon watering to minimize
the effects of blowing dust. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of
the Town. Demolition or earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed 20 MPH. All trucks hauling soil, sand, or other loose debris
shall be covered.
128. DUST CONTROL (SITES > 4 ACRES): The following measures should be implemented at
construction sites greater than four acres in area:
a. Hydroseed or apply (non - toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or. apply (non- toxic) soil binders to exposed stockpiles
(dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as passible.
129. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of contractor and
property owner to make sure that all dirt tracked into the public right -of -way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
42
the Town's storm drains.
130. SIDEWALK CLOSURE: Any proposed blockage or partial closure of the sidewalk requires
an encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
131. SIDEWALK REPAIR: The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard Details.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project.
132. CURB AND GUTTER: The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and gutter
shall be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
133. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with each subdivision map.
134. PRIVATE STREETS: All streets within the development shall be private.
135. CONSTRUCTION NOISE 1: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and
9:00 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. 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
43
not exceed elgh.J -five (85j dBA.
136. CONSTRUCTION NOISE 2: The Director Of Parks and Public Works may allow earlier
start times than specified by Town code if it determined that the work will not cause undue
nuisance to adjacent residential neighborhoods. In the event that noise complaints are
received, the Town code construction hours will be implemented.
137. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement
of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre - construction meeting with the Town
Engineer to discuss the project. conditions of approval, working hours, site maintenance
and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub- contractors have read and understand
them prior to commencing work and that a copy of the project conditions of approval will
be posted on site at all times during construction.
138. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction
management plan that shall incorporate at a minimum. the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction staging
area, construction trailer, and proposed outhouse locations.
139. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours. The
storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless
a special permit is issued by the Engineering Division. The adjacent public right -of -way
shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall
,i
not be washed into storm drainage facilities. The storing of goods and materials on the
sidewalk and/or the street will not be allowed unless a special permit is issued. The
developer's representative in charge shall be at the job site during all working hours. Failure
to maintain the public right -of -way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
140. TRAFFIC CONTROL PLAN: The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic control
plan for incorporation into the construction bid documents (specifications), and this plan will
include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the area.
The schools located on the haul route shall be contacted to help with the coordination of
the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic flow. All
flag persons shall have the capability of communicating with each other to coordinate the
operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one -way operation, specifying dates and hours of
operation.
141. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from the
Town.Engineer (§ 15.40.070).
45
142. CO1'EPWD TRUCKS: All trucks transporting materials to and from the site shall he covered.
143. CC &R's: A copy of the CC &R's shall be submitted for review and approval by the Town
Attorney and Planning Division prior to map recordation.
144. FENCING 1: A fence shall be provided along the project frontage to the rail right of way as
shown in the A &S plan set. The fence shall be complete prior to issuance of the first
certificate of occupancy.
145. FENCING 2: A 6 -foot masonry fence shall be provided between commercial and residential
zones as required by Town Code.
146. ALTERNATIVE TRANSIT: The project shall encourage alternative transportation modes
(carpooling and bicycling) by providing reserved parking for carpools/vanpools,
showers/changing areas for employees, and bicycle parking.
147. BICYCLE PARKING: Bicycle parking shall be provided at a ratio of one bike space to
twenty vehicle parking spaces. Three quarters (75 %) of the bike spaces shall be Cl I and the
remaining quarter (25 %) shall be Cl lI spaces as defined by VTA. The spaces shall be
provided by phase in accordance with the vehicle spaces required for that phase.
148. SCVWD APPROVAL: The following Santa Clara Valley Water District approvals shall be
obtained prior to issuance of building permits:
a. Any work east of the project's east boundary requires an encroachment permit from the
District.
b. Any proposed trail access points must be open to the general public and not be exclusive
to site occupants. New trail connections and trail amenities require District permits. The
District discourages the proliferation of "midblock" access points.
c. Planting of replacement trees on SCVWD property to mitigate on site tree removals is not
permitted.
M
TO THE SATISFACTION OF THE SANTA CLAAA COUNTY FIRE DEPARTMENT:
149. Review of this development proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a
substitute for formal plan review to determine compliance with adopted model codes. Prior
to performing any work the applicant shall make application to, and receive from, the
Building Department all applicable construction permits.
150. FIRE DEPARTMENT ACCESS MINIMUM CLEAR WIDTH: The minimum clear width of
fire department access roads shall be 20 feet. Aerial fire access roads: Buildings or portions
of buildings or facilities exceeding 30 feet in height above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. Overhead utility and power
lines shall not be located within the aerial fire apparatus access roadway. Aerial fire
apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate
vicinity of any building or portion of building more than 30 feet in height. Proximity to
building: At least one of the required access routes meeting these conditions shall be located
within a minimum of 15 feet and a maximum of 30 feet from the building and shall be
positioned parallel to one entire side of the building, as approved by the fire code official.
CFC Sec. 503 See Pages C -1, C -2.1 and C -2.2.
151. ACCESS AND LOADING FACILITIES: Buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an approved fie
apparatus access road (including bridges and culverts) with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fie apparatus weighing
at least 75,000 pounds or as otherwise determined by the fire code official. Minimum clear
47
lieiglif: Vertical clearance over required Velt;CUlar access roads and driveways shall he 73
ill .
feet 6 inches. Grade: Maximum grade shall not exceed 15 %. Turn Radius (circulating):
The minimum outside turning radius is 42 feet for required access roadways. Greater radius
up to 60 feet may be required where the fire department determines that ladder truck access
is required. Circulating refers to travel along a roadway without dead ends. Turning Radius
(Cul -de- sacs): The minimum outside turning radius is 36 feet. Use of cul -de -sacs is not
acceptable where it is determined by the fire department that ladder truck access is required,
unless greater turning radius is provided. CFC Sec. 503 See pages C -1, C -2.1 and C -2.2.
152. EMERGENCY RESPONDER RADIO - COVERAGE: Buildings and structures that cannot
support the required level of radio coverage shall be equipped with a radiating cable system,
a distributed antenna system with FCC certified signal boosters or other system approved by
the fire code official in order to achieve the required adequate radio coverage. CFCJ103.1.1.
153. FIRE SPRINKLERS WHERE REQUIRED: An approved automatic fire sprinkler system
shall be provide throughout all new buildings and structures. Where the provisions of this
code require that a building or portion thereof be equipped throughout with an approved fire
sprinkler system in accordance with this section, the sprinklers -shall be installed throughout
in accordance with NFPA 13 except as provided in Section 903.3.1.1.1 and local standards.
Note: The new owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
modification or upgrade of the existing water service is required. A State of California
licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to this department for review and approval prior to
beginning their work. CFC Sections 903.2.1 through 903`2.18 as adopted and amended by
LGTC.
- - 48
154. POTABLE WATER: Potable water supplies shall be protected from contamination caused by
fire protection water supplies. It is the responsibility of the applicant and any contractors
and subcontractors to contact the water purveyor supplying the site of such project, and to
comply with the requirements of that purveyor. Such requirements shall be incorporated
into the design of any water -based fire protection systems, and/or fire suppression water
supply systems or storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the purveyor of
record. Final approval of the system(s) under consideration will not be granted by this
office until compliance with the requirements of the water purveyor of record are
documented by hat purveyor as having been met by the applicant(s). 2007 CFC See.
903.3.5 and Health and Safety Code 13114.7.
155. HOSE VALVES /STANDPIPES REQUIRED: Buildings shall be equipped with standpipes
designed per NFPA Std. #14, as amended in Chapter 47, and be equipped with 2 -1/2" hose
valves, at location designated by the fire department. Hose valves /standpipes shall be
installed as per the 2010 CFC See. 905, or where emergency access has been deemed
minimal, shall be equipped standpipes designed per NFPA Std. #14, as amended in Chapter
47, and be equipped with 2 -1/2" hose valves, located within the stair enclosure(s). Note
specifically, within parking structure(s) @ stairwells and on podium within courtyard area.
2010 CFC Sec. 905.
156. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to
be determined jointly by the Fie Department and the San Jose Water Company. Fire
hydrants shall be provided along required fire apparatus access roads and adjacent public
streets at location(s) to be determined by the fire department. Maximum hydrant spacing
shall be 500 feet, with a minimum single hydrant flow of 1500 GPM at 20 psi, residual
t
r
press»re. Pn--, to des; gn, the project cr l engL Par shall meet with the lire department water
supply officer to jointly spot the required fire hydrant locations. 2010 CFC Sec. 507,
Appendix B and C and Tables B 106 and C105.1.
157. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall conform to Local
Government Standards and Fire Department Standard Detail and Specifications A -6. 2010
CFC Sec. 503.3.
158. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire service(s) and fire hydrant(s) shall be tested and accepted by the Fine Department, prior
to the start of framing or delivery of bulk combustible materials. Building permit issuance
may be withheld until required installations are completed, tested, and accepted. 2010 CFC
Sec. 501.
159. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department prior to
the start of combustible construction. During construction, emergency access roads shall be
maintained clear, and unimpeded. Note;ahat building permit issuance may be withheld until
installations are completed. Temporary access roads may be approved on a case by case
basis. 2010 CFC Sec. 501.
160. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the street
or road fronting the property. Numbers shall contrast with their background: CFC Sec. 505.
161. NEW COMMERCIAL BUILDING: All new commercial buildings shall comply with
standard specification SI -7 for construction site safety.
50
162. FIRE HYDRANT LOCATION IDENTIFIER: Prior to project final inspection, the general
contractor shall ensure that an approved ( "Blue Dot ") fire hydrant location identifier has
been laced in the roadway, as directed by the fire department,
163. TRAFFIC SIGNAL PREMPTION: Both new and existing traffic signals on Winchester
Boulevard and Lark Avenue must be equipped with signal preemption control devices.
Contact this office to determine which intersections must be so equipped.
51
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 3, 2013, and adopted by the following vote as an ordinance of the Town of Los Gatos
at a meeting of the Town Council of the Town of Los Gatos on June 17, 2013 and becomes effective
30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: \DEV \ORDS\2013\A1brightFinal.docx
52
PL
/,90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
TOWN OF LOS GATOS
Application No. PD -12 -001 "
A.P.N. # 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change From: CM:PD To: CM:PD
Forwarded by Planning Commission
Approved by Town Council Date: June 17, 2013
Clerk Administrator Mayor
Date: April 24, 2013
Ord:
Exhibit A
of Attachment 1
This Page
Intentionally
Left Blank
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCES 1247,1366, AND 1955 AND
AMENDING THE ZONING ORDINANCE EFFECTING
A ZONE CHANGE FROM CM:PD TO CM:PD AT
90 - 160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD
(APNS: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063 )
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to rescind Ordinances
12477 1366, and 1955 and to change the Zoning at 90 — 160 (Ninety to One Hundred and Sixty)
Albright Way and 14600 Winchester Boulevard as shown on the map which is attached hereto as
Exhibit A and is part of this Ordinance (the "Property ") from CM:PD (Controlled
Manufacturing, Planned Development) to CM:PD (Controlled Manufacturing, Planned
Development). APN's 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, 063.
SECTION lI
The PD (Planned Development Overlay) zone established by this Ordinance (the "PD
Overlay ") authorizes the following construction and use of improvements:
1. The development of the Property could include up to a maximum of 550185,000 square
feet of office/R &D space (including office serving amenities), one parking garage,
surface parking areas, new access driveways, and new landscaping and open space.
1
ATTAGMENT 2
2. Uses permitted and conditionally permitted are:
Permitted Uses:
a Office, including corporate, administrative, business, and professional offices, but
excluding medical and dental offices;
e Light manufacturing, light assembly, research and development, wholesaling,
warehousing, and other light industrial uses (including indoor storage of materials and
products); and
o Office serving uses designed to primarily serve those employed at the site or visiting
the site for other business purposes, such as: recreational facilities; conference and
training facilities; restaurants, cafeterias, and other eating establishments; health and
wellness facilities; and ancillary uses such as on -site banking, ATMs, private post
offices, personal services (such as dry cleaning pick up), and similar support uses.
These office serving and ancillary uses shall not be available to the general public.
Conditional Uses:
o No conditionally permitted uses are allowed
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan (as
defined in Section V), and/or this ordinance specifically indicate otherwise.
SECTION IV
Regardless of the type of permit, Architecture and Site Approval is required before any
construction work for the project is performed and before any permit for construction is issued.
Construction permits shall only be issued in a manner complying with Section 29.80.130
(Architecture and Site Approval) of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans received by the Town of Los
Gatos on fJune 13. 2013 X4-9 sheets) constitute the Official Development Plan. The
following must be complied with before issuance of any grading, demolition or construction
permits, unless otherwise stated below.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
I. APPROVAL: This application shall be completed in accordance with all of the
performance standards listed below and the Official Development Plan. Any further
changes or modifications made to the Official Development Plan shall be approved by
the Community Development Director, Development Review Committee, Planning
Commission or the Town Council, depending on the scope of the change(s).
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval.
3
:. ARCHITECTURE AND SITE (A &S) APPROVAL REQUIRED: A separate A &S
application shall be required for the project. The A &S application shall be referred to
Planning Commission for a recommendation to Town Council. Town Council shall
make the final detennination on A &S applications.
4. COMMERCIAL DESIGN GUIDELINES: A &S applications shall be reviewed for
compliance with the Common Design Guidelines of the Commercial Design Guidelines.
5. GUIDELINES AND STANDARDS FOR LAND USE NEAR STREAMS: A &S
applications shall be reviewed for compliance with applicable sections of the Guidelines
and Standards for Land Use Near Streams.
6. SUBDIVISION REQUIRED: A subdivision map application shall be approved prior to
the issuance of building permits. The Development Review Committee may be the
deciding body for the tentative map.
7. BUILDING COMPOSITION: The project shall not exceed 550435.000 square feet of
office/R &D space, inclusive of any indoor conference facilities, cafeteria, fitness center
or other amenities.
3. BUILDING HEIGHT: The maximum all inclusive height of the e ' Phuildings
shall licup to f ,._ stories " aFAas follows:
Building 1 — 50' (fiftv feet)
• Building 2 — 65' (sixty five feet). The fna ?Ei um height eFthe par4da" stra sr„u
bet
• Building 3 — 65' (sixtv five feet)
Building 4 — 50' (fifty feet)
&• Parking Garage 35' (thirty five feet), exclusive of tower elements, elevator overrun
4
structures, and other similar architectural elements. —Kane k }e e - r
hp Parking staiGo'.Q
9. SETBACKS: Minimum setbacks are as set forth on Sheet A -04 of the Official
Development Plan (Exhibit B).
10. LOT COVERAGE: Maximum lot coverage for both buildings and parking structures is
limited to 50% of the lot area.
11. OFFICIAL DEVELOPMENT PLANS: The Official Development Plan provides the
permitted development parameters applicable to the property. Final building designs in
compliance with the Official Development Plan shall be determined during the A &S
Approval process.
12. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code, or the State Model Water
Efficiency Ordinance, whichever is more restrictive. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
13. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and final subdivision
map detailing how the perfonnance standards will be addressed.
14. LANDSCAPE PLAN: The final landscape plan shall be reviewed by a restoration
ecologist for compliance with the Guidelines and Standards for Land Use Near Streams
prior to the issuance of a building pen-nit. All Tree Protection measures recommended by
the Consulting Arborist in reports dated February 13, 2011, December 13, 2012, and
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January 16, 2013. shall be followed.
15. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees
approved for removal prior to the issuance of any permits.
16. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Fencing shall be six foot high
cyclone (chain link) attached to two -inch diameter steel posts drive 18 inches into the
ground and spaced no further than 10 feet apart. Include a tree protection fencing plan
with the constriction plans.
17. RECYCLING: Prior to the issuance of a demolition permit, the developer shall provide
the Community Development Director with written notice of the company that will be
recycling the building materials. All wood, metal, glass, and aluminum materials
generated from the demolished structure shall be deposited to a company that will recycle
the materials. Receipts from the company(s) accepting these materials, noting type and
weight of material. shall be submitted to the Town prior to the Towns demolition
inspection.
18. PARKING: The minimum parking ratio for the project is 3.3 spaces /1000 square feet.
Wheel stops may be used in the parking garages where deemed appropriate and necessary
for safety. Wheel stops shall not be used in any surface parking areas. Parking spaces
shall be double striped per Town standards.
19. NETWORK ACCESS: Network access shall be provided in the outdoor common areas,
to allow people to work outside.
20. PROJECT PHASING: The project may be constructed in phases. If the
applicant'developer elects to build the project in phases, then any undeveloped site(s) for
0
future phase(s) shall include provisions for landscaping and other attractive low
maintenance improvements, and security and maintenance of any undeveloped land to be
developed under future phases.
21. DEVELOPMENT IMPACT FEES: The developer is required by law to pay development
impact fees to the Los Gatos Union School District (LGUSD) and the Los Gatos-
Saratoga Union High School District (LGSUHSD) at the time of the building permit
issuance.
22. LANDSCAPE SCREENING: All buildings and parking structures shall be significantly
buffered from Winchester Boulevard and adjacent properties by the existing and
proposed tree screen as shown on the Planting Plan. All healthy redwoods and other
significant trees along the Winchester Boulevard frontage screen shall be retained except
for those that would be removed with the construction of the new signalized project entry
or other required roadway improvements as shown on the Tree Disposition Plan. The
proposed parking structure would also be screened by the existing vegetation and
additional landscaping as shown on the Planting Plan.
23. PERIMETER TREES: The proposed trees to be planted along the perimeter of the
property shall be planted during the first phase of construction.
24. TREE MAINTENANCE AGREEMENT: The applicant shall enter into a Tree
Maintenance Agreement with the Town for five years for the twelve proposed trees to be
transplanted. Should any of the transplanted trees die, the applicant will be required to
replace them with trees that are 48 -inch box size at a minimum.
25. MITIGATION MEASURE 4.3 -2, PROTECTION OF NESTING SPECIAL - STATUS
AND MIGRATORY BIRDS: In order to avoid impacts to special- status and migratory
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bird species during project implementation, the measures outlined below shall be
implemented. With the incorporation of the following measures, significant impacts on
these species .would be avoided:
a. The removal of trees and sluubs shall be minimized to the extent feasible.
b. If tree removal, pruning, grubbing and demolition activities are necessary, such
activities shall be conducted outside of the breeding season (i.e., between September
1 and January 31), to avoid impacts to nesting birds.
c. If tree removal, pr ring, grubbing and demolition activities are scheduled to
commence during the bird breeding season (i.e., between February i and August 31),
a preconstruction survey shall be conducted by a qualified biologist no more than two
weeks prior to the initiation of work. The preconstruction survey shall include the
project footprint and up to a 300 -foot buffer, access and sight -lines permitting. If no
active nests of migratory birds are found, work may proceed without restriction and
no further measures are necessary. If work is delayed more than two weeks, the
preconstruction survey shall be repeated, if determined necessary by the project
biologist.
d. If active nests (i.e. nests with eggs or young birds present, or hosting an actively
breeding adult pair) of special- status or migratory birds are detected, the project
biologist shall designate non- disturbance buffers at a distance sufficient to minimize
disturbance based on the nest location, topography, cower, species, and the
type /duration of potential disturbance. No work shall occur within the non -
disturbance buffers until the young have fledged, as determined by a qualified
biologist. The appropriate buffer size shall be determined in cooperation with the
0
CDFW and/or the USFWS. If, despite the establishment of a non - disturbance buffer
it is determined that project activities are resulting in nest disturbance, work shall
cease immediately and the CDFW and the USFWS shall be contacted for further
guidance.
e. If project activities must occur within the non- disturbance buffer, a qualified biologist
shall monitor the nest(s) to document that no take of the nest (i.e., nest failure) will
result. If it is determined that project activities are resulting in nest disturbance, work
shall cease immediately and the CDFW and the USFWS shall be contacted for further
guidance.
26. MITIGATION MEASURE 43-3, PROTECTION OF ROOSTING BATS: In order to
avoid impacts to special- status bat species during project implementation, the measures
outlined below shall be implemented. With the incorporation of the following measures,
significant impacts on these species would be avoided.
a. Prior to the removal or significant pruning of trees and the demolition of 90 Albright
Way, a qualified bat biologist shall assess them for the potential to support roosting
bats. Suitable bat roosting sites include trees with snags, rotten stumps, and decadent
trees with broken limbs, exfoliating bark, cavities, and structures with cracks, joint
seams and other openings to interior spaces. If there is no evidence of occupation by
bats, work may proceed without further action.
b. If suitable roosting habitat is present, the bat biologist shall recoimnend appropriate
measures to prevent take of bats. Such measures may include exclusion and humane
eviction (see "c" below) of bats roosting within structures during seasonal periods of
C
peak activity (e. g.. February 15 - April 15, and August 15 - October 30), partial
dismantling of structtues to induce abandonment. or other appropriate measures.
c. If bat roosts are identified on the site, the following measures shall be implemented:
a If non- breeding'migratory bats are identified on the site within a tree or building
that is proposed for removal, then bats shall be passively excluded from the tree or
building. This is generally accomplished by opening up the roost area to allow
airflow through the cavity /crevice, or installing one -way doors. The bat biologist
shall confirm that the bats have been excluded from the tree or building before it
can be removed.
■ If a maternity roost of a special- status bat species is detected, an appropriate non-
disturbance buffer zone shall be established around the roost tree or building site.
in consultation with the CDFW. Maternity roost sites may be demolished only
when it has been determined by a qualified bat biologist that the nursery site is not
occupied. Demolition of maternity roost sites may not be performed during
seasonal periods of peak activity (e.g., February 15 - April 15, and August 15 -
October 30).
■ No additional mitigation for the loss of roosting bat habitat is required.
27. MITIGATION MEASURE 43-6, CREEK PROTECTION: The following measures from
the Town's adopted "Guidelines and Standards for Land Use Near Streams" would
ensure that site construction and operation would not result in indirect adverse effects on
the riparian and aquatic habitats or Los Gatos Creek:
Measures to be Implemented During Project Construction
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a. Project constriction activities shall be restricted to daylight hours; nighttime work
shall not be permitted.
b. Use of elevated flood lights shall not be permitted; any exterior lighting shall be
directed inward and shall not cause the illumination of the adjacent riparian habitat.
c. Dust control must be practiced during demolition and grading.
d. The Town of Los Gatos routinely requires implementation of protective measures for
all projects adjacent to stream courses. For all work adjacent to stream channels, best
management practices (BMPs) shall be implemented to prevent bank erosion,
sedimentation, release of contaminants, and accidental incursion by construction
equipment below the tops of bank. Such measures may include installation of silt
fencing, hay bales, straw wattles or other protective devices to prevent the downslope
migration of silt or sediment from the construction site.
Measures to be Implemented During Project Operation
C. Post - construction BMPs incorporated into the project's drainage plan shall comply
with Provision C. 1.c of the Municipal Regional Stonmwater Permit (see Impact 4.5 -5
in Section 4.3, Hydrology and Water Quality, for more discussion) to ensure that no
significant adverse effects on water quality of Los Gatos Creek or the adjacent
riparian habitat would result.
f. Exterior lighting shall be directed inward and shall not cause the illumination of the
adjacent riparian habitat.
g. Restrictions shall be in place to prevent the placement of pet food containers by
employees outdoors in areas accessible to wildlife.
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h. Free - roaming domestic pets (e.g., cats, off -leash dogs) of employees shall not be
pennitted.
i. All exterior trash receptacles shall be designed and maintained to exclude wildlife.
j. All storm .cater treatment facilities must be in accordance with local and re.gional
water quality standards to ensure there is no release of contaminants into the aquatic
environment.
28. MITIGATION MEASURE 4.4 -3a, FILL REMOVAL: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall require the
removal of existing fill materials within proposed building excavations to a lateral
distance of at least 5 feet beyond the building footprint or to a lateral distance equal to the
fill depth below the perimeter footing, whichever is greater. Reuse of the fill materials
shall only be allowed if they meet the requirements for engineered fill specified in the
geotechnical report for the project. Materials such as debris, wood, and trash that do not
meet the requirements shall be screened out of the fill materials and removed from the
site. Fill materials shall be placed in lifts and compacted in accordance with the
compaction requirements specified in the geotechnical report.
While it is preferable to replace all existing fills with engineered fills, those fill materials
extending into planned pavement and flat work areas (e.g. pedestrian concrete and
pavers) may be left in place at the project sponsor's option. However, the project sponsor
must determine that the fills are of low risk for future differential settlement and ensure
that the upper 12- to 18- inches of fill below the subgrade is re- worked and compacted in
accordance with the compaction requirements specified in the geotechnical report.
If there are updates or revisions to the project geotechnical report, the above mitigation
12
requirements shall be revised to match the updated recommendations as necessary.
29. MITIGATION MEASURE 4.4 -313, ABANDONMENT OF EXISTING UTILITIES: In
accordance with the recommendations of the project geotechnical report, the project
sponsor shall ensure that existing utilities are completely removed from all building areas.
A utility may only be abandoned in place if it would not pose an unacceptable risk, and if
approved by the geotechnical engineer. If abandoned in place, the utility must be
completely backfilled with grout or sand- cement slurry and the ends outside of the
building area must be capped with concrete. Trench fills must also be removed and
replaced with engineered fill with the trench side slopes flattened to at least 1:1.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to snatch the updated recommendations as necessary.
30. MITIGATION MEASURE 4.4 -3C, EXCAVATION SAFETY: In accordance with the
recommendations of the project geotechnical report, the project sponsor shall ensure that
the below grade excavations within the upper five feet below the building subgrade are
sloped at 3:1 (vertical:horizontal) and that those deeper than five feet below the building
subgrade as well as those excavations in pavement and flatwork areas are sloped at a
maximum inclination of 1.5:1. Alternatively, temporary shoring may be used to support
the excavations. The design of the shoring shall be left to the construction contractor's
judgment, but shall comply with the standards set forth in the geotechnical report for the
project. A California - licensed civil or structural engineer must design and be in charge of
the temporary shoring design.
The shoring shall support adjacent improvements such as utilities, pavements, and
buildings. A pre- condition survey shall be conducted including photographs and
13
installation of monitoring points for existing site improvements. All sensitive
improvements shall be located and monitored for horizontal and vertical deflections and
distress cracking based on the pre - construction survey. For multi -level excavations, the
installation of inclinometers at critical areas may be required for more detailed deflection
monitoring. The monitoring frequency shall be established and agreed to by the project
team prior to start of shoring construction.
If there are updates or revisions to the project geotechnical report, the above mitigation
requirements shall be revised to match the updated recommendations as necessary.
31. N41TIGATION MEASURE 4.4 -31), IMPLEMENT RECOMMENDATIONS OF
GEOTECHNICAL REPORT: The project sponsor shall implement all of the
recommendations of the project geotechnical report, and any associated updates or
revisions, related to review of plans and specifications for proposed buildings: demolition
observation and testing; constriction observation and testing; site demolition, clearing,
and preparation; subgrade preparation; subgrade stabilization; material for fill;
compaction requirements; trench backfill; site drainage; foundations; concrete slabs and
pedestrian pavements; vehicular pavements; and retaining walls.
33. MITIGATION MEASURE 4.7 -1, ADMINISTRATIVE CONTROLS: Prior to Grading
Permit issuance, the project applicant shall demonstrate to the satisfaction of the Town of
Los Gatos Public Works Department that the project complies with the following:
a. Pursuant to the Town of Los Gatos Municipal Code Section 16 20.035, construction
activities (including operation of haul and delivery trucks) shall occur between the
hours of 5:00 a.m. and 3:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on
weekends and holidays. Additionally, pursuant to Municipal Code Section
14
16 20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los
Gatos Public Works Department, that construction noise shall not exceed 85 dBA
outside of the property line. This shall be accomplished through the use of properly
maintained mufflers and other state - required noise attenuation devices.
b. Property occupants located adjacent to the project boundary shall be sent a notice, at
least 15 days prior to commencement of construction of each phase, regarding the
construction schedule of the proposed project. A sign, legible at a distance of 50 feet
shall also be posted at the project construction site. All notices and signs shall be
reviewed and approved by the Town of Los Gatos Public Works Department prior to
mailing or posting and shall indicate the dates and duration of construction activities,
as well as provide a contact name for the contractor's Noise Disturbance Coordinator
and a telephone number where residents can contact that person about the
construction process and register complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los Gatos Public
Works Department, a qualified "Noise Disturbance Coordinator." The Disturbance
Coordinator shall be responsible for responding to any local complaints about
construction noise. When a complaint is received, the Disturbance Coordinator shall
notify the Town within 24 -hours of the complaint and determine the cause of the
noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement
reasonable measures to resolve the complaint, as deemed acceptable by the Public
Works Department.
d. Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,
residences, convalescent homes, etc.) to the extent feasible and shall be restricted to
M,
collector streets in the project vicinity (i.e. Winchester Boulevard and Lark E venue).
e. During construction, stationary construction equipment shall be placed such that
emitted noise is directed awav from sensitive noise receivers.
;;. MITIGATION MEASURES 4.7 -2. VIBRATION CO \TROLS: To prevent cosmetic
damage to existing adjacent structures, the project contractor shall avoid use of large,
truck - mounted vibratory compactors within 15 feet of adjacent structures, and shall not
use any equipment that generates vibration levels that exceed 0.5 in/sec PPV, the
cosmetic damage threshold for transient vibration, when measured at the closest
residential strictures.
34. MITIGATION MEASURE 4.8-la, BAAQMD BASIC AND ADDITIONAL
CONSTRUCTION MITIGATION MEASURES: Prior to issuance of any Grading or
Demolition Permit, the Town Engineer and the Chief Building Official shall confirm that
1
the Grading Plan, Building Plans, and specifications stipulate that the following basic and
enhanced construction mitigation measures shall be implemented as required by
BAAAQMD Guidelines while project phases are under constriction:
• Water all active constriction areas to maintain 12% soil moisture.
• All grading shall be suspended when winds exceed 20 miles per hour.
• All haul tucks transporting soil, sand, or other loose material off -site shall be
covered.
• Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
• Hvdroseed or apply non -toxic soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
16
■ Enclose, cover, water twice daily or apply non -toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
• All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. Install sandbags or other
erosion control measures to prevent silt runoff to public roadways.
• Wind breaks and perimeter sand bags shall be used to minimize erosion.
The amount of simultaneously disturbed surface shall be minimized as much as
possible.
• Site access points from public roadways shall be paved or treated to prevent track -out.
• Replace vegetation in disturbed areas as quickly as possible.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
■ Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to two minutes. Clear signage shall be provided
for construction workers at all access points.
■ All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to contact at the
Town regarding dust complaints. This person shall respond and take corrective
action within 43 hours. The BAAQMD's phone number shall also be visible to
ensure compliance with applicable regulations.
17
35. MITIGATION MEASURE 4.8-113, BAAQMD ARCHITECTURAL COATINGS: Prior
(
to issuance of any Building Pennit. the Chief Building Official shall confirm that the
Building Plans and specifications include the following BAAQ\4D additional
construction mitigation measures (during the application of architectural coatings in
Years 3 and 4):
• Use low volatile organic compounds (VOC) (i.e.. reactive organic oases [ROG])
coatings beyond the BAAQMD requirements (i.e., Regulation S, Rule 3:
Architectural Coatings).
• VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
36. MITIGATION MEASURE 4.3 -IC, HAUL TRUCK VMT LIMITS: The following
limitations shall be adhered to during soil hauling activities (during mass and fine
gn�ading) for construction Years 1 and 2 only in order to ensure NOX emissions would be
reduced to less - than - significant levels:
a Phase 1 (Year 1): Trucks hauling soil during Phase 1, shall not exceed a vehicle
miles traveled (V \4T) per day during mass grading of 1,653 miles.
a Phase 2 (Year 2): Trucks hauling soil during Phase 2 shall not travel more than 1,943
VMT. VMT during fine grading shall not exceed 545 miles (-NOX mitigation is not
necessary in Year 3).
a Phase 3 (Years 4 and 5): No mitigation is necessary.
Per BAAQMD policy. these travel distance limits are daily averages for a 7 -day week.
VMT's shall be logged weekly and supplied to the Town Engineer and the Chief
Building Official on a monthly basis. These limitations shall be stipulated in constriction
bids, plans, and specifications.
1S
37. MITIGATION MEASURE 4.9 -1, GHG REDUCTION MEASURES: Prior to the
issuance of building permits, the applicant shall demonstrate the incorporation of a
combination (one or more) of sustainable project design features that would meet the EIR
significance threshold of 4.6 MT CO2e /sp /year. The applicant's current proposal is to
implement the GHG mitigation measures identified in Table 4.9 -2 of this EIR, which
would achieve the reductions necessary to achieve the 4.6 MT CO2e /sp /year threshold.
Those measures shall be carried out, except that, at the applicant's election and subject to
approval by the Community Development Director, the applicant may substitute
alternative measures of equivalent effectiveness to one or more of the measures identified
in Table 4.9 -2. In the event that the BAAQMD has assigned percent reductions for such
alternative measures, such reductions shall be considered by Town Staff in determining
whether such measures truly are equivalent in their effectiveness to those identified in
Table 4.9 -2. The following menu of measures provides examples of potential alternatives
to the measures already accounted for in Table 4.9 -2:
Include solar photovoltaic or other technology to generate electricity on -site to reduce
consumption from the electrical grid.
• Implement an employee telecommuting program.
• Implement an on -site carpool matching program for employees.
• 100% Increase in Diversity of Land Uses (provide on -site employee amenities).
• Increase Energy Efficiency Beyond Title 24.
• Work with the Bay Area Air Quality Management District ( BAAQMD) to implement
acceptable off -site mitigation. This would involve an agreement with the BAAQMD
and payment of fees or the purchase of carbon credits. The BAAQMD would commit
19
to reducing the type and amount of emissions identified in the agreement.
38. MITIGATION MEASURE 4.10 -2, HAZARDOUS BUILDING MATERIALS
SURVEY'S AND ABATEMENT: Prior to demolition of each building, the project
applicant shall incorporate into contract specifications the requirement that the
contractor(s) have a hazardous building materials survey completed by a Registered
Environmental Assessor or a registered engineer. This survev shall be completed prior to
any demolition activities associated with the project. If any friable asbestos - containing
materials or lead - containing materials are identified, adequate abatement practices, such
as containment and /or removal, shall be implemented in accordance with applicable laws
prior to demolition. Specifically, asbestos abatement shall be conducted in accordance
with Section 19827.5 of the California Health and Safetv Code, as implemented by the
BAAQMD, and 8 CCR Section 1529 and Sections 341.6 through 341.14. as implemented
by CaPOSHA. Lead -based paint abatement shall be conducted in accordance with
Cal /OSHA's Lead in Construction Standard.
Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and
fluorescent light ballasts containing DEHP shall also be removed and legally disposed of
in accordance with applicable laws including 22 CCR Section 66261 24 for PCBs, 22
CCR Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11
for DEHP.
39. MITIGATION MEASURE 4.10 -3A, UPDATE ENVIRONMENTAL DATABASE
REVIEW: The project applicant shall retain a qualified professional to update the
environmental database review performed as part of the Phase 1 Enviromnental Site
Assessment no more than three months prior to the start of any construction activities that
20
would involve disturbance of greater than 50 cubic yards of soil. The qualified
professional shall prepare a report surmnarizing the results of the enviromnental database
review that assesses the potential for any identified chemical release sites to affect soil
quality at the proposed project site and identifies appropriate soil analysis to evaluate the
potential for soil contamination at the proposed project site, if needed. In response, the
project applicant shall implement the recommended soil analyses, if any.
40. MITIGATION MEASURE 4.10 -313, CONTINGENCY PLAN: The project applicant
shall require the construction contractor(s) to have a contingency plan for sampling and
analysis of potential hazardous materials and for coordination with the Santa Clara
County Department of Environmental Health in accordance with the Voluntary Cleanup
Program in the event that previously unidentified hazardous materials are encountered
during construction. If previously unidentified soil contamination is identified, per the
contingency plan, the contractor(s) shall be required to modify their health and safety
plan to include the new data, conduct sampling to assess the chemicals present, and
identify appropriate disposal methods. Evidence of potential contamination includes soil
discoloration, suspicious odors, the presence of underground storage tanks, or the
presence of buried building materials.
41. MITIGATION MEASURE 4.11 -2A, ARCHAEOLOGICAL MONITOR: A qualified
archaeologist shall be retained to monitor the site clearing and grading operations in those
areas where buildings will be removed and/or new construction will occur. The
archaeologist shall be present on -site to observe site clearing at a representative sample of
building removal areas until he /she is satisfied that there is no longer a potential for
21
finding buried resources. In the event that any potentially significant archaeological
resources (i.e., potential historical resources or unique archaeological resources) are
discovered, the project archaeologist shall stop work inside a zone designated by him leer
where additional archaeological resources could be found. A plan for the evaluation of
the resource shall be submitted to the Community Development Director for approval.
Evaluation normally takes the form of limited hand excavation and analvsis of materials
and information removed to determine if the resource is eligible for inclusion on the
California Register of Historic Resources (CRHR).
42. MITIGATION MEASURE 4.11 -213, IDENTIFICATION OF ELIGIBLE RESOURCES:
If an eligible resource (i.e., an historical resource or a unique archaeological resource) is
identified, a plan for mitigation of impacts to the resource shall be submitted to the
Community Development Department for approval before any additional construction
related earthmoving can occur inside the zone designated as archaeologically sensitive.
NVhether the proposed plan is feasible shall be detennined by the Community
Development Department after consideration of the viability of avoidance in light of
project design and logistics. In lieu of avoidance, mitigation could include additional
hand excavation to record and remove for analysis significant archaeological materials,
combined with additional archaeological monitoring of soils inside the archaeologically
sensitive zone.
43. MITIGATION MEASURE 4.11 -2C, DISCOVERY OF HUMAN REMAINS: Required
monitoring will also serve to identify and reduce damage to human burials and associated
grave goods. In the event that human remains are discovered, it shall be the responsibility
of the project archaeologist to contact the County Coroner's Office and the Native
22
American Heritage Commission (NAHC). The NAHC is responsible for naming a Most
Likely Descendant (MLD) who shall represent tribal interests in regards to human
remains and associated grave goods. The MLD shall make recommendations to the
Cormnunity Development Director regarding the method for exposure and removal of
human burials and associated grave goods, and shall advise the Community Development
Director regarding the place and method of reburial of these materials.
44. MITIGATION MEASURE 4.11 -3, HALT CONSTRUCTION AND EVALUATE
RESOURCE: Prior to the commencement of construction activities, the project applicant
shall provide for a qualified paleontologist to provide construction personnel with
training on procedures to be followed in the event that a fossil site or fossil occurrence is
encountered during construction. The training shall include instructions on identification
techniques and how to further avoid disturbing the fossils until a paleontological
specialist can assess the site. An informational package shall be provided for
construction personnel not present at the meeting.
In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or
micro- fossil) is found during construction, excavation within 50 feet of the find shall be
temporarily halted or diverted until the discovery is evaluated. Upon discovery, the
Community Development Director shall be notified immediately and a qualified
paleontologist shall be retained to document and assess the discovery in accordance with
Society of Vertebrate Paleontology's 2010 Standard Procedures for the Assessment and
Mitigation of Adverse hnpacts to Paleontological Resources, and determine procedures
to be followed before construction is allowed to resume at the location of the find. If the
23
Community Development Director determines that avoidance is not feasible, the
paleontologist will prepare an excavation plan for mitigating the project's impact on this
resource, including preparation, identification, cataloging, and curation of any salvaged
specimens.
45. CONIMUIITY BENEFIT: Con--. -.-, s offered by the applicant in
Exhibit 9 of Attachment - cit:ment 9 of the To i:n Council Staff Report for their
meeting on Mav 20 2013 This includes the apnlicant's offer to provide SI per
constructed square foot of new office R&D buildings.
46 KEEP CLEAR: Applicant shall provide `Deep Clear" or other appropriate roadway
markings and signage at the intersection of Charter Oaks Drive and Lark Avenue.
47. SIGNS: No signs shall be visible from Hi°h[vav S5.
Building Division
445. PERMITS REQUIRED: A separate building permit shall be required for the
demolition(s) of existing buildings and each new office /commercial building and the
parking garage structure. Separate pen-nits are required for electrical, mechanical, and
plumbing work as necessary.
4649. 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.
450. SIZE OF PLANS: Four sets of construction plans, size 30" x 42" maximum.
24
i
48:51. STREET NAMES, BUILDING & SUITE NUMBERS: Submit requests for new street
names and/or building addresses /suite numbers to the Building Division prior to
submitting for the building permit application process.
?9:52. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics.
-50-f- 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.
54-54. SHORING: Shoring plans and calculations will be required for all excavations which
exceed 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 regulations.
-5-21,54FOUNDATION 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
25
specified in the soils report and that the building pad elevations and on -site retaining wal'.
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 el-vation
c. Foundation corner locations
d. Retaining Walis
5356. TITLE 24 ENERGY CONIPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue -lined (sticky- backed) onto a sheet of the plans.
5157. 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 vale 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.
-5 5S. FIRE ZONE: This project will require Class A Roof Assemblies.
56.59. 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 pennit.
The Town Special Inspection foam must be completely filled -out, signed by all requested
parties, and be blue -lined on the constriction plans. Special Inspection forms are
available from the Building Division Service Counter or online at
26 V
www.losgatosca.gov/building
62NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 2406) 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 S2 or
at San Jose Blue Print for a fee.
9.61. NPDES-C.3 DATA FORMS: Copies of the NPDES C.3 Data Forms (updated based on
the final construction drawings) must be blue -lined in full onto the Plans. In the event
that this data differs significantly from any Planning approvals, the Town may require
recertification of the project's storm water treatment facilities prior to release of the
Building Permit.
X62. GREEN BUILDING STANDARDS: This project must, at a minimum, be in compliance
with the Nonresidential Mandatory Measures of the 2010 California Green Building
Standards Code and all subsequent Amendments.
6&63. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site
shall be provided from public transportation stops, accessible parking and accessible
passenger loading zones and public streets or sidewalks to the accessible building
entrance that they serve. The accessible route shall, to the maximum extent feasible,
coincide with the route for the general public. At least one accessible route shall connect
all accessible buildings, facilities, elements and spaces that are on the same site. If access
is provided for pedestrians from a pedestrian tunnel or elevated walkway, entrances to the
27
buildings from each tunnel or walkway must be accessible. ^
6-64. ACCESSIBLE PARKING: The parking lots. as well as the parkin- 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.
6?65. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building pen-nit:
a. Community Development— Planning Division: Joel Paulson (40S) 354 -6379
b. Engineering/Parks R Public Works Department: N/laziar Bozorginia (403) 395 -3460
c. Santa Clara County Fire Department: (403) 373 -4010
d. Nest Valley Sanitation District: (403) 375 -2407
e. Bay Area Air Quality Management District. (415) 771 -6000
Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
6-:66. GENERAL: All public improvements shall be made according to the latest adopted
28 (_/
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special pen-nit 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
perfonning the required maintenance at the developer's expense.
64:67. GRADIiv'G PERMIT: A grading -pen-nit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. The
grading plans shall include final grading, drainage, retaining wall location, driveway,
utilities and interim erosion control. Grading plans shall list earthwork quantities and a
table of existing and proposed impervious areas. Unless specifically allowed by the
Parks and Public Works Director, the grading permit will be issued concurrently with the
building permit. The grading pen-nit is for work outside the building footprint(s). A
separate building permit, issued by the Building Department at 110 E. Main Street is
needed for grading within the building footprint.
gS6S. GRADING PERMIT PHASING: Phased grading permits may be allowed if approved by
the Town Attorney and the Parks and Public Works Director. Phasing may relate to
development phases or to multiple grading permits within a development phase, such as
early release of a grading permit prior to release of the building permit, or for utility
relocation. Bonding of early grading improvements may be required.
29
&-',.-69. PILE DRIVING: No pile driving shall be allowed during any phase of construction.
6":70. TENTATIVE NNIAP: A tentative map is required, either one tentative map for the
proposed project or more than one tentative map, depending on phasing, prior to
submittal for one or more final or parcel maps. Phased subdivision maps shall be
permitted.
71. SUBDIVISION MAP: A final or parcel map shall be recorded. Two copies of the Final /
parcel map shall be submitted to the Engineerir^ Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any building permits are
issued. Tentative Map planning applications shall be approved for each development
phase before a parcel or final map for that phase is recorded.
6472. RIGHT OF WAY VACATION: The Albright Way and Albright Court right of ways
shall be vacated prior to or concurrently with the first subdivision map. Street vacation or
issuance of an encroachment permit shall occur prior to issuance of permits allowing
private work to commence in street right of way areas.
=473. PUBLIC EASEMENT ABANDONMENT: The initial public easements to be abandoned
shall occur prior to or simultaneously with the street vacation or issuance of an
encroachment pen-nit. Subsequent public easement abandonments may be approved by
the Director of Parks and Public Works.
1=74.
ENCROACHMENT PERMIT: All
work in
the public right -of -way will require a
Construction Encroactmment Permit
All work
over S5.000 will require construction
0 �.
security.
7_'.78. DEDICATIONS: The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage
and site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress - egress, storm drainage and sanitary sewer casements, as required.
d. Emergency Access Easement. Extending from tie northerly terminus of Charter
Oaks, through the project site, to Winchester Blvd. sufficient to meet the Fire
Department's requirements. No private vehicle access will be permitted between
Charter Oaks to the project site utilizing this Easement.
q3-L& PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided for
each building stating that the building foundation was constructed in accordance with the
approved plans shall be provided subsequent to foundation construction and prior to
construction on the structure. The pad certification shall address both vertical and
horizontal foundation placement.
74--77. DESIGN CHANGES: The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as- built" drawings.
-7178. AS -BUILT PLANS: After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as- built"
31
plans
shall again be signed and "wet-
stamped"
by the civil engineer who prepared the
plans,
attesting to the changes.
The original
"as- built" plans shall be review and
approved the Engineering Inspector. A tilylar and AutoCAD disk of the approved " as-
built" plans shall be provided to the Town before the Faithfid Performance Security or
Occupancy Permit is released. The AutoCAD file shall include only the following
information and shall contonn to the layer gaming convention: a) Building Outline,
Layer: BLDG - OUTLINE; b) Driveway. Laver: DRIVEWAY; c) Retaining Nall. Laver:
RETAINING WALL; d) Swimming Pool, Layer: SWiM II \G -POOL; e) Tennis Court,
Layer: TE \NIS- COURT; f) Property Line, Laver: PROPERTY -LINE; g) Contours,
Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as
the Town's survey control network and shall be submitted in AutoCAD version 2000 or
hither.
'6-.79FINISITED FLOOR ELEVATIONS: Finished floor elevations for all new inhabitable
buildings shall be higher than the 100 -year water surface elevations identified on Flood
Insurance Rate Maps current at the time of building permit issuance.
77.80. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
?BSI. INSPECTION FEES: Inspection fees shall be deposited wiTh the To-,vn prior to issuance
of any Permit or recordation of the Final ylap.
79-.81 PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting any work pertaining
3 2 �/
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.
X33. THIRD PARTY INSPECTOR FEES: The applicant shall pay for the inspection of public
street lighting and traffic signal related work. Inspections shall be performed by the
Town's street lighting and traffic signal contractor. An initial deposit of $5,000 shall be
made to the Town prior to issuance of an encroachment or public improvement permit.
Inspection will be on a cost recovery basis and additional inspection fees may be
required.
S1-S4. 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 geoteclutical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an "as- built" letter /report
prepared by the applicants' soils engineer and submitted to the Town before final release
of any occupancy pen-nit is granted.
5�. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved
prior to issuance of any permit for each development phase, subject to the discretion of
the Town Engineer.
X36. STORMWATER MANAGEMENT PLAN: A storm water management plan shall be
included with each phased grading permit application for all Group 1 and Group 2
projects as defined in the amended provisions C.J of the amended Santa Clara County
NPDES Permit. The plan shall delineate source control measures and BMP's together
JJ
with the sizing calculations. The plan shall be certified by a professional pre - qualified by
the Town. In the event that storm water measures proposed for the ASS approval differ
significantly from those certified on the Building'Grading Permit, the Town may require
a modification of the A&S apnrovai prior to release of the Building Pen-nit. The applicant
may elect to have the ASS submittal certified to avoid this possibility.
£4-.rS . AGREEMENT FOR STORM WATER BEST NIF:NAGEMENT PRACTICES
INSPECTION AND \I_AINTENANCE OBLIGATIONS: The property owner or
Owner's Association, as appropriate, shall enter into an agreement with the Town for
maintenance of the stonmvater filtration devices required to be installed on this project by
Town's Stonnwater Discharge Permit and all current amendments or modifications. The
agreement will specify that certain routine maintenance, including catch basin cleaning
and pavement sweeping, shall be performed by the property owner or owner's
association, as applicable, and will specify device maintenance reporting requirements.
The agreement will also specify routine inspection requirements, permits and payment of
fees. The agreement shall be recorded prior to release of any occupancy permits.
ASS. SITE DRAINAGE: All stone drain inlets (public or private) shall be stenciled.!signed
with appropriate "NO DUMPING - Glows to Bay" NPDES required language.
S-4-89. NPDES 1: On -site drainage systems for all projects shall conform to the requirements of
I
the Municipal Regional NPDES Permit that is current at the time of ASS approval for
each development phase. Each development phase must provide, at a minimum. Sufficient
improvements to treat all development within feat phase. Deferral of treatment to future
phases will not be allowed.
9790. NPDES 2: Prior to issuance of a building permit for each new building, landscape plans
34
shall be submitted to Community Development for review and approval to insure that
beneficial landscaping has been incorporated into the design to minimize irrigation runoff
and use of pesticides and fertilizers.
SS 41. NEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant
capacity fees for a project phase shall be paid either immediately prior to the recordation
of any subdivision map for that phase, or immediately prior to the issuance of a sewer
connection permit, which ever event occurs first. Written confirmation of payment of
these fees shall be provided prior to recordation of each map or issuance of a building
permit.
5491 SANITARY SEWER LATERAL: Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Install a sanitary sewer lateral clean -out at the property line.
90-.2L-SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.3 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater valve,
as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of
the Town Code and maintain such device in a functional operating condition. Evidence of
35
West Valley Sanitation District's decision on whether a backwater device is needed shall
be provided prior to issuance o a building pen-nit.
9-94. TRASH E \CLOSURES: Trash enclosures shall be covered and provided with a drain
connected to the sanitary sewer system. No trash enclosure shall be placed between a
building and a residential area.
9=_99. GREASE TRAPS: Meet all requirements of the Santa Clara County Healer Department
and Nest Valley Sanitation District for the interception, separation or pretreatment of
effluent.
9--'— 96. UTILITIES: All new utilities shall be placed underground.
94797. ABOVE GROUi\r D UTILITIES: The applicant shall submit a 75- percent progress print
to the Town for review of above ground utilities including back-flow prevention devices,
fire department connections, gas and water meters, off - street valve boxes, hydrants, site
lighting, electrical,'communicatioii /cable boxes, transformers, and mail boxes. Above
ground utilities shall be reviewed and approved by the Community Development Director
prior to issuance of any permit for each development phase.
9-93. UTILITY RELOC'ATiON AND PHASING: Utility and circulation relocation and
phasing plans shall be included in the grading permit application package.
9x99. PHOTOMETRICS: Site lighting photometrics shall be provided with each Architecture
and Site application.
9r100.UTILITY COMPANY REVIEW: Letters from the electric. telephone. cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of each subdivision map.
9&101.JOINT TRENCH PLANS: joint trench plans shall be reviewed and approved by the
3 6
Town prior to recordation of each map. The joint trench plans shall include street and'or
site lighting and associated photometrics. A letter shall be provided by PG &E stating that
public street light billing will be by Rule LS2A, and that private lights shall be metered
with billing to the owner. Pole numbers, assigned by PG&E, shall be clearly delineated
on the plans.
99d02.TRENCHING: Trenching within public streets will be allowed subject to the following
requirements:
a. The To«m standard "T" trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium
asphalt. The initial lift(s) shall be of three quarter inch medium asphalt.
d. The Contractor shall schedule a pre - paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend 5 -feet beyond the longitudinal limits of
trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion
of slurry seal operations.
44)0:103. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee
3 7
proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit application is
made. The Yee shall be paid before the building permit is issued. The traffic impact
mitigation fee for this project, using the current fee schedule and addition of 300.000
square -feet of Office Pz.rk (ITE Code 750) is S192,960. The final fee si:all be calcuiated
from the final plans using the rate schedule in effect at the time of the building permit
application, using a trip generation rate based on use.
,41 104. TRAFFIC [NIPACT C'UIVIUNIT't BENEFIT: The developer is required to
provide Community Benefit based on the Town Traffic Impact Policy.
4-9_' —.105. LARK/UNIV"ERSITY TRAFFIC SIGNAL: Prior to issuance of a building permit
or recordation of any map, the developer shall pay $3_'3.639.1 f to reimburse the Town
for their fair share contribution towards the construction of a traffic signal at the
intersection of University Avenue and Lark Avenue. The contribution is based on 53-
percent of the total construction and design cost of 5397,550.63.
103 -106. PARKIti`G. Any proposed parking restrictions on public streets must be approved
by the LGPD.
41 -107. TRAFFIC SIGNAL: A new intersection aligned with the existing Courtside
drivewav on Winchester Boulevard, and conversion of the existing Albright Way
intersection to right -turn in and out shall be provided with the Phase I development. A
full traffic signal, signal interconnection and timing shall be provided prior to issuance of
the first certificate of occupancy.
40- ;-103. TRAFFIC SIGNAL TIMING AND SYNCHRONIZATION: The applicant shall
3s
provide a proposal from a licensed traffic engineer containing a scope of work for
developing a method of interconnection, coordination, and timing of the traffic signals
along Winchester from the new project signal to Winchester /Wimbledon to
Lark /Winchester and on to Lark/University. New conduit is required in locations where
street widening is proposed. The proposal and method of signal coordination shall be
reviewed and approved by Town Engineer. Signal coordination shall be in place prior to
occupancy of Phase 1 building, and re- tuned again once each building has reached a
significant level of occupancy. A bond for the signal coordination up to two times
subsequent to the initial work performed prior to occupancy shall be posted with the
Town prior to issuance of each certificate of occupancy.
446--109. TRAFFIC CIRCULATION STUDIES: As part of each grading pen-nit
application, the developer shall submit design -level circulation plans to address onsite
circulation and project entry points from Winchester Boulevard at each development
phase. The plans will identify the configuration of on -site circulation facilities and project
entry points from Winchester Boulevard as needed to support each development phase.
40= =110. TRAFFIC IMPROVEMENTS: The following traffic improvements shall be
constructed prior to issuance of the first certificate of occupancy:
a. New Project Entry. The applicant shall construct a new four -way signalized
intersection to align with the existing Courtside driveway approximately 300 -feet
south of Albright Way. The design shall include, at a minimum, an additional right
turn lane entering the project site, additional Class lI bike lane on east side of
Winchester Boulevard along entire project frontage, and two left -turn lanes exiting
the project site. The southbound left turn pock shall be formed using a raised median.
39
The raised median shall extend north to physically restrict southbound left and U- ^
turns at Albright Way. The northbound left turn pocket to the Courtside Club shall be
extended to 1-15-feet (7 car queue) as recommended in the traffic impact analysis.
Handicap ramps, pedestrian crossings, signing, striping= and parking shall be provided
in general conformance with the approved PD plan set.
b. Albright Way at Winchester Blvd. Construct a landscaped island (`pork chop") to
restrict vehicular tmc ement to right -in right -out only with turn restriction signage.
c. Frontage hmprovements. Paint pole and install LED light fixtures for all existing
street lights at the project frontage.
d. Class II Bike Lanes. Class II bike lanes shall be provided in both the north and south
bound directions on Winchester Boulevard between Wimbledon Drive and the rail
crossing. Median islands shall be modified as needed to accommodate the bike lanes.
e. Dedicated Right Tom Lanes. Winchester Boulevard shall be widened to provide
dedicated right turn lanes at the south entry and new signalized entry. Additional
widening may also be required to provide a right turn lane at Albright Way if
determined to be required by the Director of Parks and Public Works.
f Striping. The developer shall restripe southbound Winchester Boulevard between the
Courtside entrance and Lark Avenue to provide a dedicated southbound left -turn lane
to eastbound Lark Avenue.
40&111. FRONTAGE INIPROVE.NIENTS: Applicant shall be required to h.;prove the
project's public frontage to current Town Standards. These improvements may include
but not limited to curb, gutter, sidewalk. driveway approaches, curb ramps, traffic signal.
street lighting (upgrade and/or repaint) etc.
40 G
4112. BUS PAD: Prior to issuance of the first certificate of occupancy, the developer
shall provide a bus pad on northbound Winchester Boulevard north of Albright Way. The
pad shall meet the following VTA specifications:
a. Handicap access ramps and sidewalk from Albright Way to the bus pad;
b. 10' x 55' concrete bus pad constructed to VTA specifications;
c. Minimum 3' x 40'concrete sidewalk adjacent to the bus stop area;
d. Solar bus stop light mounted on VTA bus stop pole with ADA compliant activation
button;
e. Trees and landscaping should be placed outside the bus stop area to accommodate
passenger /pedestrian movement and provide clearance for vehicles.
4?!113. PUBLIC IMPROVEMENTS: Plans for public improvements shall be prepared
by a California registered civil engineer, reviewed and approved by the Town, and
guaranteed by contract, Faithful Performance Security and Labor & Materials Security
before the issuance of a building pen-nit or the recordation of a subdivision map for each
development phase. The improvements must be substantially completed prior to issuance
of the first certificate of occupancy, fully complete and accepted by the Town prior to
issuance of the final Certificate of Occupancy for each development phase.
4- -114. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not limited to:
curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers,
thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal
to or better than the original condition. A slurry seal shall be provided across the full lane
41
width in areas of trenching, lane widening, median modification or construction, and
where striping has been ground off. Existing improvement io be repaired or replaced shall
be at the direction of the Engineering Construction Inspector, and shall comply vN n all
Title 24 Disabled Access provisions. Developer shall request a walk- throu-It with the
Engincering Construction Inspector before the start of construction to verifv existim,
conditions.
-1 .ill. PUBLIC A \D PRIVATE IMPROVEME \T SECURITY: The applicant shall
supply suitable securities for all public improvements, and private circulation and
drainage infrastructure improvements that are a part of the development in a form
acceptable to the Town in the amount of 100% (perfonnance) and 100% (labor and
material) prior to issuance of any permit for each development phase. Applicant shall
provide two (2) copies of documents verifying the cost of the applicable improvements to
the satisfaction of the Engineering Division of the Parks and Public Works Department.
14.3..1 16. RETANING 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
pen-nit plan review process.
444-117. SOILS REPORT: One copy of the soils report shall be submitted with each
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wail design and erosion
control. The reports shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6i35 of the California Business and Professions Code. Each
report shall be peer reviewed by Town Consultants prior to submittal for permits.
42
44- -.113. SOIL EXPORT: The total soil export volume (sum of all development phases)
from the site shall not exceed 22,200 cubic yards. The contractor's project engineer shall
send daily trucking reports to the Engineering inspector during the export operation of
each development phase. Project impacts were evaluated based on the following
earthwork breakdown: Phase 1) 33,000 CY cut to fill, 3,700 CY export; Phase 2) 4,500
CY cut to fill, 10,000 CY export; and Phase 3) 3,000 CY cut to fill, 3,500 CY export.
4- L6-.119. HAULING OF SOIL: Hauling of soil on or off -site shall not occur during the
morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00
p.m. and 6:00 p.m.). No more than 10 trucks per hour will be allowed. Prior to the
issuance of a building permit, the developer shall work with the Town Building and
Engineering Department Engineering Inspectors to devise a traffic control plan to ensure
safe and efficient traffic flow under periods when soil is hauled on or off the project site.
This may include, but is not limited to provisions for the developer /owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand, and other
loose debris or require all trucks to maintain at least two feet of freeboard.
1':120. SOILS REVIEW: Prior to 'issuance of each grading permit, the applicant's soils
engineer shall review the final grading and drainage plans to ensure that designs for
foundations, retaining walls, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant's soils engineer's
approval shall then be conveyed to the Town either by letter or by signing the plans.
44- &:121. EROSION CONTROL: Interim and final erosion control plans shall be prepared
43
and submitted to the Engineering Division of the Parks fi Public Works Department. A
Notice of hitent (NOI) and Stonn Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximurn of two weeks is allowed berween 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 constriction 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 basin-, 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 the most current Santa Clara County NPDES NIRP Permit.
449-,L22. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer qualified to practice land
surveying, for the following items:
a. Retaining wall- -top of wall elevations and locations
b. Toe and top of cut and till slopes
130-123. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading
Pen-nit, the project Applicant shall complete a pavement condition survcy documenting
the extent of existing pavement defects using a 35 -mm or digital video camera. The
survey shall extend from the Highway 17 freeway ramps on Lark Avenue along Lark and
Winchester to the Campbell City limits. In addition, a pavement deflection analysis
44
conforming to the same limits as the photographic survey shall be performed to
determine pavement strength. The results shall be documented in a report and submitted
to the Town for review.
' 124. POSTCONSTRUCTION PAVEMENT SURVEY: The project Applicant shall
complete a post construction pavement condition survey and pavement deflection
analysis to determine whether road damage occurred as a result of project construction
and whether there were changes in pavement strength. Rehabilitation improvements
required to restore the pavement to pre - construction condition and strength shall be
determined using State of California procedures for deflection analysis. The results shall
be documented in a report and submitted to the Town for review and approval. The
Applicant shall be responsible for completing any required road repairs prior to release of
a certificate of occupancy.
?- 33125. TREE REMOVAL: Copies of all necessary tree removal permits shall be I
provided prior to issuance of any grading permit.
42_-:3-.126. DEMOLITION: Any existing structures that would straddle a future property line
shall be demolished prior to recordation of the final or parcel map for the applicable
phase.
12-16L27- DUST CONTROL: Blowing dust shall be reduced by timing construction
activities so that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as possible. Further,
water trucks shall be present and in use at the construction site. All portions of the site
subject to blowing dust shall be watered as often as deemed necessary by the Town,, or a
minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access
45
roads, parting areas, and staging areas at construction sites in order to insure proper
control of blowing dust for the duration of the project. Watering on public streets shall
not occur. Streets will be cleaned by street sweepers or by hand as otter 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 3 a.m. and 5 p.m. and shall
include at least one 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 20
MPH. All tnrcks hauling soil, sand, or other loose debris shall be covered.
4-25 125. DUST CONTROL (SITES > 4 ACRES): The following measures should be
implemented at construction sites greater than four acres in area:
a. Hydroseed or apply (non - toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
4-2&L2 9. SILT A`-D MUD IN PUBLIC RIGHT- OP -WA"Y: It is the responsibility of
contractor and property owner to make sure that all dirt tracked into the public right -of-
way is cleaned up on a daily basis. Mud, silt, concrete and other constriction debris
46
SHALL NOT be washed into the Town's storm drains.
-1'".1=0. SIDEWALK CLOSURE: Any proposed blockage or partial closure of the
sidewalk r_quires 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.
46131. SIDEWALK REPAIR: The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constricted per Town
Standard Details. The limits of sidewal, repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
439132. CURB AND GUTTER: The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constricted per Town Standard Details. The limits of curb and
gutter repair will be detennined by the Engineering Construction Inspector during the
construction phase of the project.
438:133. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and
responsibilities of involved parties shall accompany each private easement. The
easements and associated agreements shall be recorded simultaneously with each
subdivision map.
494:134. PRIVATE STREETS: All streets within the development shall be private.
43?1L35. CONSTRUCTION NOISE 1: Between the hours of 5:00 a.m. to 3:00 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
47
ievel exceeding eighty -five (85) dBA at twenty -five (25) feet If the device is located
within a structure on flee 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.
1??.l ?6. CONSTRUCTION NOISE 2: The Director Of Parks and Public Works may allow
earlier start times than specified by Town code if it determined that the work will net
cause undue nuisance to adjacent residential neighborhoods. In the event that noise
complaints are received, the Town code construction hours will be implemented.
4;4- ?. PRECO: >STRUCTION - MEETING: Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre - construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub - contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
,"5.1:8. CONSTRUCTION btANAGE;vIE \T PLAN: The Applicant shall submit a
construction management plan that sha!1 incorporate at a minimum the Earth Movement
Plan, Traf is Control Plan. Project Schedule, site security fencing, employce parking,
construction staging area, construction trailer, and proposed outhouse locations.
4- 3§..i9. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at a!1
times during the course of construction. Superintendence of construction shall be
48
diligently performed by a person or persons authorized to do so at all times during
working hours. The storing of goods and /or materials on the sidewalk and/or the street
will not be allowed unless a special permit is issued by the Engineering Division. The
adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end
of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing
of goods and materials on the sidewalk and/or the street will not be allowed unless a
special permit is issued. The developer's representative in charge shall be at the job site
during all working hours. Failure to maintain the public right -of -way according to this
condition may result in the Town performing the required maintenance at the developer's
expense.
?.140. TRAFFIC CONTROL PLAN: The project sponsor will be required to work with
the Engineering Division of the Parks and Public Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one -way operation, specifying dates and hours of
MG
operation. r
- S 14L COti'STRUCTION STREET PARKING: No vehicle liming a
manufacturer`s rated gross vehicle weight exceeding ten thousand (10,000) pounds shall
be allowed to park on the portion of a street which abuts proper ",v in a residential zone
without prior approval from the Town Engineer (ys 15.40.070).
4=- 3 -1-'.? COVERED TRUCKS: All trucks transporting materials to and from the site shall
be covered.
4 14_. CCxR's: A copy of the CC &R's shall be submitted for review and approval by
the Town Attorney and Planning Division prior to map recordation.
44L:144. FENCING l: A fence shall be provided along the project frontage to the rail right
of way as shown in the A& S plan set. The fence shall be complete prior to issuance of the
first certificate of occupancy.
4- 12A46. FENCING 2: A 6 -foot masonry fence shall be provided between commercial and
residential zones as required by Town Code.
44_x.146. ALTERNATIVE TRANSIT:
The project
shall encourage
alternative
transportation modes (carpooling and
bicycling) by
providing reserved
parking for
carpools /vanpools. showers/changing areas for employees, and bicycle parki•tg.
i 4-?4 -147. BICYCLE PARKING: Bicycle parking shall be provided at a ratio of one bike
space to twenty vehicle parking spaces. Three quarters (750/'0) of the bike spaces shall be
Cl I and the remaining quarter (25 %) shall be CI II spaces as defined by VTA. The spaces
shall be provided by phase in accordance with the vehicle spaces required for that phase.
4x-3:143. SCVWD APPROVAL: The following Santa Clara Valley Water District
60 ��
approvals shall be obtained prior to issuance of building permits:
a. Any work east of the project's east boundary requires an encroachment permit from
the District.
b. Any proposed trail access points must be open to the general public and not be
exclusive to site occupants. New trail connections and trail amenities require District
permits. The District discourages the proliferation of "midblock" access points.
c. Planting of replacement trees on SCVWD property to mitigate on site tree removals is
not permitted.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
44§:149. Review of this development proposal is limited to acceptability of site access and
water supply as they per to fire department operations, and shall not be construed as
a substitute for formal plan review to determine compliance with adopted model codes.
Prior to performing any work the applicant shall make application to, and receive from,
the Building Department all applicable construction permits.
414,4150. FIRE DEPARTMENT ACCESS MINIMUM CLEAR WIDTH: The minimum
clear width of fire department access roads shall be 20 feet. Aerial fire access roads:
Buildings or portions of buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway. Aerial fire apparatus access roads shall have a minimum unobstructed
width of 26 feet in the immediate vicinity of any building or portion of building more
51
than 30 feet in height. Proximity to building: At least one of the required access routes
meeting these conditions small be located Nvithin a minimum of 15 feet and a maximum
of 30 feet from the building and shall be positioned parallel to one entire side of the
building, as approved by the fire code official. CFC Sec. 503 See Pages C- 1. C -2.1 and
C-2.2.
x:151, ACCESS A \D LOADI NG FACILITIES: Buildings or portions of buildings
hereafter constricted shall be accessible to 'ire department apparatus by way of an
approved fire apparatus access road (including bridges and culverts) with an asphalt,
concrete or oilier approved driving surface capable of supporting the imposed load of
fire apparatus weighing at least 75,000 pounds or as otherwise determined by the fire
code official. Minimum clear hei4ht: Vertical clearance over required vehicular access
roads and driveways shall be 13 feet 6 inches. Grade: ?- aximu m grade shall not exceed
15 %. Turn Radius (circulating): The minimum outside turning radius is 42 feet for
required access roadways. Greater radius up to 60 feet may be required where the fire
department determines that ladder truck access is required. Circulating refers to travel
along a roadivav without dead ends. Turnim- Radius (Cul -de- sacs): Tile minimum
outside turning radius is 36 feet. Use of cul -de -sacs is not acceptable where it is
determined by the fire department that ladder truck access is required, unless greater
turning radius is provided. CFC Sec. 503 See pages C -1. C -2.1 and C -22.
- 119152. ENIERGE\CY RESPO_vDER RADIO COVERAGE: Buildings and siruc,uras
that cannot support the required level of radio coverage shall be equipped with a
radiating cable system, a distributed antenna system with FCC certified signal boosters
52 G
or other system approved by the fire code official in order to achieve the required
adequate radio coverage. CFCJ 103.1.1.
k5g153. FIRE SPRINKLERS WHERE REQUIRED: An approved automatic fire
sprinkler system shall be provide throughout all new buildings and structures. Where
the provisions of this code require that a building or portion thereof be equipped
throughout with an approved fire sprinkler system in accordance with this section, the
sprinklers shall be installed throughout in accordance with NFPA 13 except as provided
in Section 903.3.1.1.1 and local standards. Note: The new owner(s), occupant(s) and
any contractor(s) or subcontractor(s) are responsible for consulting with the water
purveyor of record in order to determine if any modification or upgrade of the existing
water service is required. A State of California licensed (C -16) Fire Protection
Contractor shall submit plans, calculations, a completed permit application and
appropriate fees to this department for review and approval prior to beginning their
work. CFC Sections 903.2.1 through 903.2.13 as adopted and amended by LGTC.
4-5-1-154. POTABLE WATER: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that purveyor.
Such requirements shall be incorporated into the design of any water -based fire
protection systems, and /or fire suppression water supply systems or storage containers
that may be physically connected in any manner to an appliance capable of causing
contamination of the potable water supply of the purveyor of record. Final approval of
the system(s) under consideration will not be granted by this office until compliance
53
with the requirements of the water pua'evor of record are documented by hat purveyor
as having been met by the apphcant(s). 2007 CFC Sec. 903.3.6 and Heaith and Safety
Code 13114.7.
4-2— .. HOSE VALVES /STAy:DPIPE.S ::SQUIRED: Buildings shall be equipped with
standpipes desitmed per `:FPA Std. 414, as amended in Chapter =:7, and be equipped
with 2 -1/2" hose valves, at location designated by the fire department. hose
valves!standpipes shall be instated as per the 2010 CFC Sec 906, or where emergency
access has been deemed minimal, shall be equipped standpipes designed per NFPA Std.
r14, as amended in Chapter 417, and be equipped with 3 -1'2" hose valves, located within
the stair enclosure(s). Note specifically, within parking structure(s) ce, stairwells and on
podium within courtyard area. 2010 CFC See. 906.
4s:166. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at
location(s) to be determined jointly by the Fire Department and the San Jose Wafer
Company. Fire hydrants shall be provided along required fire apparatus access roads and
adjacent public streets at tocation(s) to be determined by fire fire department. Maximum
hydrant spacing shall be 600 feet. with a minimum single hydrant flow of 1600 GPVl at
20 psi. residual pressure. Prior to design, the project, civil engineer shall meet with the
fire department water supply officer to jointly spot the required fire hydrant locations.
2010 CFC Sec. 607. Appendix B and C and Tables B 106 mid C105.1.
4- X4:167. FIRE LANE AARKI \G REQUIRED: Provide marking for all roadways tti -,hin
the project. Markings shall be per fire department specifications. Installations shall
conform to Local Government Standards and Fire Department Standard Detail and
Specifications A -6. 2010 CFC Sec. 603.3.
64 G
13}158. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit issuance may be withheld until required installations are completed,
tested, and accepted. 2010 CFC Sec. 501.
I--5(-159. TIMING OF REQUIRED, ROADWAY INSTALLATIONS. Required access
roads, up through first lift of asphalt, shall be installed and accepted by the Fire
Department prior to the start of combustible construction. During construction,
emergency access roads shall be maintained clear and unimpeded. Note that building
permit issuance may be withheld until installations are completed. Temporary access
roads maybe approved on a case by case basis. 2010 CFC Sec. 501.
4-5? 160. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed
on all new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. Numbers shall contrast with their
background. CFC Sec. 505.
13&161. NEW COMMERCIAL BUILDING: All new commercial buildings shall comply
with standard specification SI -7 for construction site safety.
134:162. FIRE HYDRANT LOCATION IDENTIFIER: Prior to project final inspection,
the general contractor shall ensure that an approved ( "Blue Dot ") fire hydrant location
identifier has been laced in the roadway, as directed by the fire department,
Ib&163. TRAFFIC SIGNAL PREMPTION: Both new and existing traffic signals on
Winchester Boulevard and Lark Avenue must be equipped with signal preemption
55
control deices. Contact this office to determine which intersections must be so
equipped.
56
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on ;June 3. 2013, and adopted by the following vote as an ordinance
Of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on
,June 17. 2013 and becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV\0RDS '2013 -M4-g eA1hnghtTC.docx
57
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RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND MAHING
CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN CONNECTION WITH A REZONING TO CM:PD FOR PROPERTY
LOCATED AT 90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD.
APNS: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, AND 063
ENVIRONMENTAL IMPACT REPORT EIR -12 -003
PLANNED DEVELOPMENT APPLICATION: PD -12 -001
ARCHITECTURE AND SITE APPLICATION S -12 -078
WHEREAS,
A. The applicant, John R. Shenk, proposes to rezone property located at 90 -160
Albright Way and 14600 Winchester Boulevard from CM:PD to CM:PD for the development
of up to 550,000 square feet of new office/R &D space (including office - serving amenities),
one parking garage, surface parking areas, new access driveways, and new landscaping and
open space. The Albright Office Park Project includes Planned Development Application
PD -12 -001, Architecture and Site Application S -12 -078, and Environmental Impact Report
EIR -12 -003.
B. A Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the
Albright Office Park Project was issued on August 3, 2012.
C. A public scoping meeting was held on August 27, 2012, to receive comments
regarding the scope of issues to be addressed in the EIR.
D. A Draft Environmental Impact Report (Draft EIR) to analyze potential impacts
associated with the Albright Office Park Project was prepared and issued for agency and
public review and comment on January 29, 2013, for a 45 day review period.
1
ATTACHMENT 3
E. The Planning Commission held a duly noticed public hearing on February 27,
2013, at which time the Commission received public comments regarding the Draft FIR for
the Albright, Office Park Project.
F. ` Pursuant to the California Environmental Quality Act and the implementing
Guidelines adopted therefore,( "CEQA "), the Town prepared a Final Environmental Impact
Report (Final FIR), incorporating responses to comments on the DEIR which was issued on
April 12, 2013.
G. The Planning Commission held a duly noticed public hearing on April 24, 2013,
at which time the Commission considered the public testimony, the staff report prepared for
that meeting ( "Staff Report"), and all other documentation related to the Albright Office Park
Project, and recommended denial of the Planned Development application to the Town
Council for the Albright Office Park Project.
H. The Town Council held a duly noticed public hearing on May 20, 2013, at which
time the Town Council considered the public testimony, the Staff Report, and all other
documentation related to the Albright Office Park Project and continued the item to June 3,
2013
I. The Town Council held a continued public hearing on June 3, 2013, at which time
the Town Council further considered additional public testimony, the Staff Report, and all
other documentation related to the Albright Office Park Project.
J. At the public hearing on June 3, 2013, the Town Council modified the applicant's
proposed "project by: reducing the height of Building 1 and Building 4 to a maximum all
inclusive height of 50' (fifty feet); reducing the maximum height of the parking garage to 35'
2
(thirty five feet) exclusive of tower elements, elevator overrun structures, and other similar
architectural elements; reducing the maximum square footage of the Planned Development
project to 485,000 square feet; not permitting any freeway visible signs; and requiring the
applicant to provide "Keep Clear" or other appropriate roadway markings and signage at the
intersection of Charter Oaks Dive and Lark Avenue.
K. Public Resources Code §21081, subdivision (a), requires a public agency, before
approving a project for which an EIR has been prepared and certified, to adopt findings
specifying whether mitigation measures and, in some instances, project alternatives,
discussed in the EIR, have been adopted or rejected as infeasible.
L. The Town need not make findings rejecting alternatives described in the EIR if all
of the project's significant impacts will be mitigated to a less than significant level by
mitigation measures, which is the case with the Albright Office Park Project.
M. The Town Council, reflecting the advice of Town Staff, expert consultants, the
Planning Commission, and extensive input from the community, has expressed its intention
to approve the Albright Office Park Project.
N. In taking this course, the Town Council has acted consistent with the CEQA
mandate to look to project mitigations and/or alternatives as a means of lessening or avoiding
the environmental effects of projects as proposed.
O. All of the potentially significant environmental effects associated with the
Albright Office Park Project, as approved, have been mitigated to less than significant levels
through the inclusion of mitigation measures proposed in the Final EIR.
3
P. The Town Council in approving the project as proposed intends to adopt all I
mitigation measures as set forth in the Mitigation Monitoring and Reporting Program for the
Albright Office Park Project (the "Program "), which is attached to this Resolution as Exhibit
a
Q. The Town Council recognizes the Town's obligation, pursuant to the Public
Resources Code § 21081.6 subdivision (a), to ensure the monitoring of all adopted mitigation
measures necessary to substantially lessen or avoid the significant effects of the project. Such
monitoring will occur pursuant to the adopted Program.
R. The location and custodian of the documents or other materials which constitute
the record of proceedings upon which the Town Council's decision is based is in the office of
the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030.
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, that
the Town Council hereby certifies the Final EIR, adopts the Mitigation Monitoring and
Reporting Program attached hereto as Exhibit A, and adopts the Findings of Fact attached hereto
as Exhibit B. In certifying the Final EIR, the Town Council specifically finds that (1) the
document has been completed in compliance with CEQA (2) the document was presented to the
Town Council as the decision - making body of the lead agency, and the Council has reviewed
and considered the information contained therein; and (3) the Final EIR reflects the Town's
independent judgment and analysis.
4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 17th day of June, 2013, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DE V\RESOS\2013\AlbrightCEQAFinal.docx
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MITIGATION MONITORING AND REPORTING PROGRAM
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s MITIGATION MONITORING AND REPORTING PROGRAM
DATE: April 1, 2013
f' PROJECT: Albright Office Park, Albright Way
sus PD -12 -001, 5 -12 -078
� h � -- . Y
JVlttt opMeasur
4.3 Biological Resources
Implemen--:
tation
M c
�TZY25 onsi)xilr
Timing R. --
Vlonitorin
4.3 -2, Protection of Nesting Special- status and Migratory Birds: In
Required as
Directors of
Prior to
order to avoid impacts to special - status and migratory bird species during
a condition
Community
issuance of any
project implementation, the measures outlined below shall be
of
Development
Grading Permit.
implemented. With the incorporation of the following measures,
approval.
and Parks and
significant impacts on these species would be avoided.
Public Works
Ensure these
a. The removal of trees and shrubs shall be minimized to the extent
measures are
feasible.
incorporated
b. If tree removal, pruning, grubbing and demolition activities are
into project
necessary, such activities shall be conducted outside of the breeding
plans.
season (i.e., between September 1 and January 31), to avoid impacts
to nesting birds.
Monitoring:
c. If tree removal, pruning, grubbing and demolition activities are
Prior to and
scheduled to commence during the bird breeding season (i.e., betwee
during
February 1 and August 31), a preconstruction survey shall be
construction.
conducted by a qualified biologist no more than two weeks prior to
the initiation of work. The preconstruction survey shall include the
project footprint and up to a 300 -foot buffer, access and sight -lines
permitting. If no active nests of migratory birds are found, work may
proceed without restriction and no further measures are necessary. If
work is delayed more than two weeks, the preconstruction survey
shall be repeated, if determined necessary by the project biologist.
d. If active nests (i.e. nests with eggs or young birds present, or hosting
an actively breeding adult pair) of special -status or migratory birds
are detected, the project biologist shall designate non - disturbance
buffers at a distance sufficient to minimize disturbance based on the
nest location, topography, cover, species, and the type /duration of
potential disturbance. No work shall occur within the non-
disturbance buffers until the young have fledged, as determined by a
qualified biologist. The appropriate buffer size shall be determined '
cooperation with the CDFW and/or the USFWS. If, despite the
establishment of a non - disturbance buffer it is determined that project
activities are resulting in nest disturbance, work shall cease
immediately and the CDFW and the USFWS shall be contacted for
further guidance.
e. If project activities must occur within the non - disturbance buffer, a
qualified biologist shall monitoring the nest(s) to document that no
take of the nest (i.e., nest failure) will result. If it is determined that
project activities are resulting in nest disturbance, work shall cease
immediately and the CDFW and the USFWS shall be contacted for
further guidance.
4.3 -3, Protection of Roosting Bats: In order to avoid impacts to
Required as
Directors of
Prior to
special- status bat species during project implementation, the measures
a condition
Community
issuance of Tree
outlined below shall be implemented. With the incorporation of the
of
Development
Removal Permit
following measures, significant impacts on these species would be
approval.
and Parks and
and Demolition
avoided.
Public Works
Permit for 90
a. Prior to the removal or significant pruning of trees and the demolition
Albright Way
of 90 Albright Way, a qualified bat biologist shall assess them for the
and any
potential to support roosting bats. Suitable bat roosting sites include
Grading Permit.
e MITIGATION MONITORING AND REPORTING PROGRAM
` DATE: April 1, 2013
PROJECT: Albright Office Park, Albright Way
SOS 6AS0
M -12 -001, S -12 -0700
"
illga d
Implemcu-
taio
Timing &
1onitorii ng
trees with snags, rotten stumps, and decadent trees with broken limbs,
exfoliating bark, cavities, and structures with cracks, joint seams and
Ensure these
other openings to interior spaces. If there is no evidence of
measures are
occupation by bats, work may proceed without further action.
incorporated
b. If suitable roosting habitat is present, the bat biologist shall
into project
recommend appropriate measures to prevent take of bats. Such
plans.
measures may include exclusion and humane eviction (see "c" below)
of bats roosting within structures during seasonal periods of peak
Monitoring:
activity (e.g., February 15 - April 15, and August 15 - October 30),
Prior to and
partial dismantling of structures to induce abandonment, or other
during
appropriate measures.
construction.
c. If bat roosts are identified on the site, the following measures shall be
implemented:
• If non - breeding/migratory bats are identified on the site within a
tree or building that is proposed for removal, then bats shall be
passively excluded from the tree or building. This is generally
accomplished by opening up the roost area to allow airflow through
the cavity/crevice, or installing one -way doors. The bat biologist
shall confirm that the bats have been excluded from the tree or
building before it can be removed.
• If a maternity roost of a special - status bat species is detected,. an
appropriate non - disturbance buffer zone shall be established aroun
the roost tree or building site, in consultation with the CDFW.
Maternity roost sites may be demolished only when it has been
determined by a qualified bat biologist that the nursery site is not
occupied. Demolition of maternity roost sites may not be
performed during seasonal periods of peak activity (e.g., February
15 - April 15, and August 15 - October 30).
• No additional mitigation for the loss of roosting bat habitat is
required.
4.3 -6, Creek Protection: The following measures from the Town's
Required as
Directors of
Ensure these
adopted "Guidelines and Standards for Land Use Near Streams' would
a condition
Community
measures are
ensure that site construction and operation would not result in indirect
of
Development
incorporated
adverse effects on the riparian and aquatic habitats or Los Gatos Creek:
approval.
and Parks and
into project
Measures to be Implemented During Proiect Construction
Public Works
plans.
a. Project construction activities shall be restricted to daylight hours;
nighttime work shall not be permitted.
Monitoring:
bring and after
b. Use of elevated flood lights shall not be permitted; any exterior
construction.
lighting shall be directed inward and shall not cause the illumination
of the adjacent riparian habitat.
c. Dust control must be practiced during demolition and grading.
d. The Town of Los Gatos routinely requires implementation of
protective measures for all projects adjacent to stream courses. For all
work adjacent to stream channels, best management practices (BMPs)
shall be implemented to prevent bank erosion, sedimentation, release
of contaminants, accidental incursion by construction equipment
below the tops of bank. Such measures may include installation of
silt fencing, hay bales, straw wattles or other protective devices to
prevent the downslope migration of silt or sediment from the
s uF MITIGATION MONITORING AND REPORTING PROGRAM
DATE: April 1, 2013
PROJECT: Albright Office Park, Albright Way
PD -12 -001, S -12 -078
Implemen- Tmung.S -.
.lIitigation Measure - -
_ _ ration. ! Recnonsibility L %Tnnitnr.
construction site.
Measures to be Implemented During Proiect Operation
e. Post - construction 13MPs incorporated into the project's drainage pla
shall comply with Provision C.3.c of the Municipal Regional
Stormwater Permit (see Impact 4.5 -5 in Section 4.3, Hydrology and
Water Quality, for more discussion) to ensure that no significant
adverse effects on water quality of Los Gatos Creek or the adjacent
riparian habitat would result.
f Exterior lighting shall be directed inward and shall not cause the
illumination of the adjacent riparian habitat.
g. Restrictions shall be in place to prevent the placement of pet food
containers by employees outdoors in areas accessible to wildlife.
h. Free - roaming domestic pets (e.g., cats, off -leash dogs) of employees
shall not be permitted.
i. All exterior trash receptacles shall be designed and maintained to
exclude wildlife.
j. All storm water treatment facilities must be in accordance with local
and regional water quality standards to ensure there is no release of
contaminants into the aquatic environment.
4.4 Geology, Soils, and Seismicity
4.4 -3a, Fill Removal: In accordance with the recommendations of the
Required as
Directors of
project geotechnical report, the project sponsor shall require the removal
a condition
Community
of existing fill materials within proposed building excavations to a lateral
of
Development
distance of at least 5 feet beyond the building footprint or to a lateral
approval.
and Parks and
distance equal to the fill depth below the perimeter footing, whichever is
Public Works
greater. Reuse of the fill materials shall only be allowed if they meet the
requirements for engineered fill specified in the geotechnical report for
the project. Materials such as debris, wood, and trash that do not meet
the requirements shall be screened out of the fill materials and removed
from the site. Fill materials shall be placed in lifts and compacted in
accordance with the compaction requirements specified in the
geotechnical report.
While it is preferable to replace all existing fills with engineered fills,
those fill materials extending into planned pavement and flat work areas
(e.g. pedestrian concrete and pavers) may be left in place at the project
sponsor's option. However, the project sponsor must determine that the
fills are of low risk for future differential settlement and ensure that the
upper 12- to 18- inches of fill below the subgrade is re- worked and
compacted in accordance with the compaction requirements specified in
the geotechnical report.
If there are updates or revisions to the project geotechnical report, the
above mitigation requirements shall be revised to match the updated
recommendations as necessary.
Mitigation Measure 4.4 -3b, Abandonment of Existing Utilities: In
accordance with the recommendations of the project geotechnical report,
the project sponsor shall ensure that existing utilities are completely
removed from all building areas. A utility may only be abandoned in
Prior to
issuance of any
Grading Permit.
Monitoring:
Ensure that all
recommenda-
tions of the
project
geotechnical
report are
properly
implemented
including
proper
characterization
of
undocumented
fill materials.
MITIGATION MONITORING AND REPORTING PROGRAM
0*0vtS DATE: A pril 1, 2013
PROJECT: Albright Office Park, Albright Way
evs rD -12 -001, 00- 12-07/5
are
Implemen-
-. tation
-
i ResponsibHih
Timing &_
-: - Monitoring
place if it wouldhot pose an unacceptable risk, and if approN ed by the
geotechnical engineer. If abandoned in place, the utility must be
completely backfilled with grout or sand- cement slurry and the ends
outside of the building area must be capped with concrete. Trench fills
must also be removed and replaced with engineered fill with the trench
side slopes flattened to at least 1:1.
If there are updates or revisions to the project geotechnical report, the
above mitigation requirements shall be revised to match the updated
recommendations as necessary.
Mitigation Measure 4.4 -3c, Excavation Safety: In accordance with the
recommendations of the project geotechnical report, the project sponsor
shall ensure that the below grade excavations within the upper five feet
below the building subgrade are sloped at 3:1 (vertical:horizontal) and
that those deeper than five feet below the building subgrade as well as
those excavations in pavement and flatwork areas.are sloped at a
maximum inclination of 1.5:1. Alternatively, temporary shoring maybe
used to support the excavations. The design of the shoring shall be left to
the construction contractor's judgment, but shall comply with the
standards set forth in the geotechnical report for the project. A
California - licensed civil or structural engineer must design and be in
charge of the temporary shoring design.
The shoring shall support adjacent improvements such as utilities,
pavements, and buildings. A pre- condition survey shall be conducted
including photographs and installation of monitoring points for existing
site improvements. All sensitive improvements shall be located and
monitored for horizontal and vertical deflections and distress cracking
based on the pre- construction survey. For multi -level excavations, the
installation of inclinometers at critical areas may be required for more
detailed deflection monitoring. The monitoring frequency shall be
established and agreed to by the project team prior to start of shoring
construction.
If there are updates or revisions to the project geotechnical report, the
above mitigation requirements shall be revised to match the updated
recommendations as necessary.
Mitigation Measure 4.4 -3d, Implement Recommendations of
Geotechnical Report: The project sponsor shall implement all of the
recommendations of the project geotechnical report, and any associated
updates or revisions, related to review of plans and specifications for
proposed buildings; demolition observation and testing; construction
observation and testing; site demolition, clearing, and preparation;
subgrade preparation; subgrade stabilization; material for fill;
compaction requirements; trench backfill; site draina .ge; foundations;
concrete slabs and pedestrian pavements; vehicular pavements; and
retaining walls.
4.7 Noise and Vibration
4.7 -1, Administrative Controls: Prior to Grading Permit issuance, the -
Required as
Directors of
Prior to
project applicant shall demonstrate to the satisfaction of the Town of
a condition
Community
issuance of any
Los Gatos Public Works Department that the project complies with the
of
Development
Grading Permit.
following:
approval. -
and Parks and
MTTIGATION MONITORING AND REPORTING PROGRAM
DATE: April 1, 2013
t PROJECT: Albright Office Park, Albright Way
goy. ��os PD -12 -001, S -12 -078
a. Pursuant to the Town of Los Gatos Municipal Code Section
Required as
Public Works
Ensure these
16.20.035, construction activities (including operation of haul and
a condition
Community
issuance of any
delivery trucks) shall occur between the hours of 8:00 a.m. and 8:00
of
Development
measures are
incorporated
p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and
approval,
and Parks and
into project
holidays. Additionally, pursuant to Municipal Code Section
Public Works
plans
16.20.035(2) the Contractor shall demonstrate, to the satisfaction of
these measures
the Town of Los Gatos Public Works Department, that construction
Monitoring:
noise shall not exceed 85 dBA outside of the property line. This
Prior to and
shall be accomplished through the use of properly maintained
during
mufflers and other state - required noise attenuation devices.
construction.
b. Property occupants located adjacent to the project boundary shall be
sent a notice, at least 15 days prior to commencement of
construction of each phase, regarding the construction schedule of
the proposed project. A sign, legible at a distance of 50 feet shall
also be posted at the project construction site. All notices and signs
shall be reviewed and approved by the Town of Los Gatos Public
Works Department prior to mailing or posting and shall indicate the
dates and duration of construction activities, as well as provide a
contact name for the contractor's Noise Disturbance Coordinator
and a telephone number where residents can contact that person
about the construction process and register complaints.
c. The Contractor shall provide, to the satisfaction of the Town of Los
Gatos Public Works Department, a qualified "Noise Disturbance
Coordinator." The Disturbance Coordinator shall be responsible for
responding to any local complaints about construction noise. When
a complaint is received, the Disturbance Coordinator shall notify the
Town within 24 -hours of the complaint and determine the cause of
the noise complaint (e.g., starting too early, bad muffler, etc.) and
shall implement reasonable measures to resolve the complaint, as
deemed acceptable by the Public Works Department.
d. Construction haul routes shall be designed to avoid noise sensitive
uses (e.g., residences, convalescent homes, etc.) to the extent
feasible and shall be restricted to collector streets in the project
vicinity (i.e. Winchester Boulevard and Lark Avenue).
e. During construction, stationary construction equipment shall be
placed such that emitted noise is directed away from sensitive noise
receivers.
4.7 -2, Vibration Controls: To prevent cosmetic damage to existing
Required as
Directors of
Prior to
adjacent structures, the project contractor shall avoid use of large, truck-
a condition
Community
issuance of any
mounted vibratory compactors within 15 feet of adjacent structures, and
of
Development
Grading Permit.
shall not use any equipment that generates vibration levels that exceed
approval,
and Parks and
0.5 in/sec PPV, the cosmetic damage threshold for transient vibration,
Public Works
Ensure that
when measured at the closest residential structures.
these measures
are incorporated
into project
plans.
Monitoring:
During
wn o0 1•IITIGATION MONITORING AND REPORTING PROGRAM
DATE: April 1, 2013
PROJECT: Albright Office Park, Albright Way
PD -12 -001, S -12 -078
Implemen- Timing &
.�u.r,.,�..,n�r..••.�Ya - tction-- Responsibility I Monitoring.
4.8 Air Quality
4.8 -1a, BAAQMD Basic and Additional Construction Mitigation
Measures: Prior to issuance of any Grading or Demolition Permit, the
Town Engineer and the Chief Building Official shall confirm that the
Grading Plan, Building Plans, and specifications stipulate that the
following basic and enhanced construction mitigation measures shall be
implemented as required by BAAQMD Guidelines while project phases
are under construction:
• Water all active construction areas to maintain 12% soil moisture.
• All grading shall be suspended when winds exceed 20 miles per
hour.
• All haul trucks transporting soil, sand, or other loose material off -
site shall be covered.
• Pave, apply water three times daily, or apply (non - toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites.
• Hydroseed or apply non -toxic soil stabilizers to inactive
construction areas (previously graded areas inactive for ten days or
more).
• Enclose, cover, water twice daily or apply non -toxic soil binders to
exposed stockpiles (dirt, sand, etc.).
• All visible mud or dirt track -out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. Install sandbags or other erosion control measures to prevent
silt runoff to public roadways.
• Wind breaks and perimeter sand bags shall be used to minimize
erosion.
• The amount of simultaneously disturbed surface shall be minimised
as much as possible.
• Site access points from public roadways shall be paved or treated to
prevent track -out.
• Replace vegetation in disturbed areas as quickly as possible.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible.
• Idling times shall be minimized either by shutting equipment off
when not in use or reducing the maximum idling time to two
minutes. Clear signage shall be provided for construction workers
at all access points.
• All construction equipment shall be maintained and properly tuned
in accordance with manufacturer's specifications. All equipment
shall be checked by a certified mechanic and determined to be
running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to
contact at the Town regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The
R AAil7vM'c phone number shall also be visible to ensure
Required as
Director of
Prior to
a condition
Community
issuance of any
of
Development
Grading Permit,
approval.
Demolition
-
Permit, or
Building
Permit.
Ensure these
measures are
incorporated
into project
plans.
Monitoring:
During
construction.
wx uF MITIGATION MONITORING-AND REPORTING PROGRAM
DATE: April 1, 2013
PROJECT: Albright Office Park, Albright Way
cos a PD -12 -001, S -12 -078
with applicable regulations.
4.8 -1b, BAAQMD Architectural Coatings Mitigation Measures:
Prior to issuance of any Building Permit, the Chief Building Official
shall confirm that the Building Plans and specifications include the
following BAAQMD additional construction mitigation measures
(during the application of architectural coatings in Years 3 and 4):
• Use low volatile organic compounds (VOC) (i.e., reactive organic
gases [ROG]) coatings beyond the BAAQMD requirements (i.e.,
Regulation 8, Rule 3: Architectural Coatings).
• VOC content of architectural coatings shall not exceed 150 grams
VOC per liter of coating.
4.8 -1c, Haul Truck VMT Limits: The following limitations shall be
adhered to during soil hauling activities (during mass and fine grading)
for construction Years 1 and 2 only in order to ensure NOx emissions
would be reduced to less - than- significant levels:
• Phase 1 (Year 1): Trucks hauling soil during Phase 1, shall not
exceed a vehicle miles traveled (VMT) per day during mass grading
of 1,653 miles.
• Phase 2 (Year 2): Trucks hauling soil during Phase 2 shall not
travel more than 1,943 VMT. VMT during fine grading shall not
exceed 545 miles (NOx mitigation is not necessary in Year 3).
• Phase 3 (Years 4 and 5): No mitigation is necessary.
Per BAAQMD policy, these travel distance limits are daily averages
for a 7 -day week. VMT's shall be logged weekly and supplied to the
Town Engineer and the Chief Building Official on a monthly basis.
These limitations shall be stipulated in construction bids, plans, and
specifications.
4.9 Greenhouse Gases
4.9 -1, GHG Reduction Measures: Prior to the issuance of building
Required as
Director of
Prior to
permits, the applicant shall demonstrate the incorporation of a
a condition
Community
issuance of any
combination (one or more) of sustainable project design features that
of
Development
Building
would meet the EIR significance threshold of 4.6 MT CO,e/sp /year.
approval.
Pe1mitr.
The applicant's current proposal is to implement the GHG mitigation
measures identified in Table 4.9 -2 of this EIR which would achieve the
Ensure that
reductions necessary to achieve the 4.6 MT CO,e /sp /year threshold.
necessary
Those measures shall be carried out, except that, at the applicant's
measures are
election and subject to approval by the Community Development
incorporated
Director, the applicant may substitute alternative measures of
into project
equivalent effectiveness to one or more of the measures identified in
plans to ensure
Table 4.9 -2. In the event that the BAAQMD has assigned percent
that the GHG
reductions for such alternative measures, such reductions shall be
significance
considered by Town Staff in determining whether such measures truly
threshold is
are equivalent in their effectiveness to those identified in Table 4.9 -2.
met.
The following menu of measures provides examples of potential
alternatives to the measures already accounted for in Table 4.9 -2:
• Include solar photovoltaic or other technology to generate electricity
on -site to reduce consumption from the electrical grid.
• hnolement an emnlovee telecommutinv nrnoram
MN aF DHTIGATION MONITORING AND REPORTING PROPROGRAM .
DATE: April 1, 2013
PROJECT: Albright Office Park, Albright Way
goy; os PD- i2 -OO1, S- 12 -07 °0
I Ingflcmeu- ',
� Lnun, &
Mitigationlleasure tahon ResponsihilirN
AIonitorinl",
_ _ _ _
* Implement an on -site carpool matching program for er.=
• 100% Increase in Diversity of Land Uses (provide ou- i i. =_ ployee `
amenities)
• Increase Energy Efficiency Beyond Title 24
• Work with the Bay Area Air Quality Management District
( BAAQMD) to implement acceptable off -site mitigation. This would
involve an agreement with the BAAQMD and payment of fees ,or; the
purchase of carbon credits. The BAAQMD would commit to reducing
the type and amount of emissions identified in the agreement.
4.10 Hazards and Hazardous Materials
4.10 -2, Hazardous Building Materials Surveys and Abatement:
Required as
Directors of
Prior to
Prior to demolition of each building, the project applicant shall
a condition
Community
issuance of any
incorporate into contract specifications the requirement that the
of
Development
Demolition
contractor(s) have a hazardous building materials survey completed by
approval.
and Parks and
Permit.
a Registered Environmental Assessor or a registered engineer. This
Public Works
survey shall be completed prior to any demolition activities associated
Ensure these
with the project. If any friable asbestos - containing materials or lead-
measures are
containing materials are identified, adequate abatement practices, such
incorporated
as containment and/or removal, shall be implemented in accordance
into project
with applicable laws prior to demolition. Specifically, asbestos
plans and
abatement shall be conducted in accordance with Section 19827.5 of
contract
the California Health and Safety Code, as implemented by the
specifications.
BAAQMD, and 8 CCR Section 1529 and Sections 341.6 through
341.14, as implemented by CaVOSHA. Lead -based paint abatement
shall be conducted in accordance with Cal/OSHA'S Lead in
Construction Standard.
Any PCB - containing equipment, fluorescent light tubes containing
mercury vapors, and fluorescent light ballasts containing DEHP shall
also be removed and legally disposed of in accordance with applicable '
laws including 22 CCR Section 66261.24 for PCBs, 22 CCR Section .
66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter
11 for DEHP.
4.10 -3a, Update Environmental Database Review. The project
Required as
Directors of
Prior to
applicant shall retain a qualified professional to update the
a condition'
Community
issuance of any
environmental database review performed as part of the Phase 1
of
Development
Grading Permit.
Environmental Site Assessment no more than three months prior to the
approval.
and Parks and
start of any construction activities that would involve disturbance of
Public Works
Ensure these
than 50 cubic yards of soil. The qualified professional shall
measures are
greater
prepare a report summarizing the results of the environmental database
incorporated
review that assesses the potential for any identified chemical release
into project
sites to affect soil quality at the proposed project site and identifies..
plans "and
appropriate soil analysis to evaluate the potential for soil contamination
contract
at the proposed project site, if needed. In response, the project
specifications.
applicant shall implement the recommended soil analyses, if any.
4.10 -3b, Contingency Plan. The project applicant shall require the
construction contractors) to have a contingency plan for sampling and
analysis of potential hazardous materials and for coordination with the
Santa Clara County Department of Environmental Health in accordance
with the Voluntary Cleanup - Program in the event that reviously
wx ,. MITIGATION MONITORING AND REPORTING PROGRAM
DATE: April 1, 2013
PROJECT: Albright Office Park, Albright Way
)os nrt PD -12 -001, 5 -12 -078
�; Implemen- 3`. _ Tinting & _
.Mitigation Measure tation `'- Res onsibili Monitoring.
unidentified hazardous materials are encountered during construction. If
previously unidentified soil contamination is identified, per the
contingency plan, the contractor(s) shall be required to modify their
health and safety plan to include the new data, conduct sampling to
assess the chemicals present, and identify appropriate disposal methods.
Evidence of potential contamination includes soil discoloration,
suspicious odors, the presence of underground storage tanks, or the
presence of buried building materials.
n
wx oa nIITIGATION MONITORING AND REPORTING PROGRAM
DATE: April 1, 2013
PROJECT: Albright Office Park, Albright Way
r�s s��os PD -12 -001, S -12 -075
4.11 Cultural Resources
4.11 -2a, Archaeological Monitor: A qualified archaeologist shall be Required as Director of
retained to monitor the site clearing and grading operations in those a condition Community
areas where buildings will be removed and/or new construction will I of Development
occur. The archaeologist shall be present on -site to observe site approval.
clearing at a representative sample of building removal areas until
he /she is satisfied that there is no longer a potential for finding buried
resources. In the event that any potentially significant archaeological
resources (i.e., potential historical resources or unique archaeological
resources) are discovered, the project archaeologist shall stop work
inside a zone designated by him/her where additional archaeological
resources could be found. A plan for the evaluation of the resource
shall be submitted to the Community Development Director for
approval. Evaluation normally takes the form of limited hand
excavation and analysis of materials and information removed to
determine if the resource is eligible for inclusion on the California
Register of Historic Resources (CRHR).
4.11 -2b, Identification of Eligible Resources. If an eligible resource
(i.e., an historical resource or a unique archaeological resource) is
identified, a plan for mitigation of impacts to the resource shall be
submitted to the Community Development Department for approval
before any additional construction related earthmoving can occur inside
the zone designated as archaeologically sensitive. Whether the
proposed plan is feasible shall be determined by the Community
Development Department after consideration of the viability of
avoidance in light of project design and logistics. In lieu of avoidance,
mitigation could include additional hand excavation to record and
remove for analysis significant archaeological materials, combined with
additional archaeological monitoring of soils inside the _
archaeologically sensitive zone.
4.11 -2c, Discovery of Human Remains. Required monitoring will also
serve to identify and reduce damage to human burials and associated
grave goods. In the event that human remains are discovered, it shall be
the responsibility of the project archaeologist to contact the County
Coroner's Office and the Native American Heritage Commission
(NAHC). The NAHC is responsible for naming a Most Likely
Descendant (MI.D) who shall represent tribal interests in regards to
human remains and associated grave goods. The MLD shall make
recommendations to the Community Development Director regarding the
method for exposure and removal of human burials and associated grave
goods, and shall advise the Community Development Director regarding
the place and method of reburial of these materials.
Monitoring:
During
construction.
4.11 -3, Halt Construction and Evaluate Resource: Prior to the
Required as
Director of
Monitoring:
commencement of construction activities, the project applicant shall
a condition
Community
During
provide for a qualified paleontologist to provide construction personnel
of
Development
construction.
with training on procedures to be followed in the event that a fossil site
approval.
or fossil occurrence is encountered during construction. The training
shall include instructions on identification techniques and how to further
avoid disturbing the fossils until a paleontological specialist can assess
the site. An informational package shall beprovided for construction
10
wa nF MITIGATION MONITORING AND REPORTING PROGRAM
DATE: April 1, 2013
� PROJECT: Albright Office Park, Albright Way
11`os PD -12 -001, S -12 -078
personnel not present at the meeting.
In the event that a paleontological resource (fossilized invertebrate,
vertebrate, plan or micro- fossil) is found during construction, excavation
within 50 feet of the find shall be temporarily halted or diverted until the
discovery is evaluated. Upon discovery, the Community Development
Director shall be notified immediately and a qualified paleontologist
shall be retained to document and assess the discovery in accordance
with Society of Vertebrate Paleontology's 2010 Standard Procedures for
the Assessment and Mitigation of Adverse Impacts to Paleontological
Resources, and determine procedures to be followed before construction
is allowed to resume at the location of the find. If the Community
Development Director determines that avoidance is not feasible, the
paleontologist will prepare an excavation plan for mitigating the
project's impact on this resource, including preparation, identification,
cataloging, and curation of any salvaged specimens.
11
This Page
Intentionally
Left Blank
I MA 2.11011M.
CEQA FINDINGS OF FACT
Tlzis Page
Intentionally
Left Blank
CEQA FINDINGS OF FACT
of the
TOWN COUNCIL OF
THE TOWN OF LOS GATOS
for the
ALBRIGHT OFFICE PARK
June 17, 2013
i. in ai ouuctiori
As approved by the Town Council on June 3, 2013, the Albright Office Park project ( "the
Project ") will involve the development of up to 485,000 square feet of office/research &
development (R &D) space (including office- serving amenities), one parking garage,
surface parking areas, new access driveways, and new landscaping and private open
space. The Project will require the removal of ten existing buildings totaling
approximately 250,000 square feet of office/R &D space and entail the construction of up
to four new larger office/ R &D buildings at full build out, for a total net increase of
235,000 square feet of office/R &D space.
The Town of Los Gatos ( "Town "), as lead agency, prepared a Draft Environmental
Impact Report (EIR) for the Project in January, 2013 (State Clearinghouse No.
2012082020)'. This document was made available for review on January 29, 2013, for a
forty-five (45) day review period. Accordingly, written comments were solicited until
March 14, 2013. The Town of Los Gatos prepared responses to comments on the Draft
EIR, and published both comments and responses to comments in the April 2013 Final
EIR, which was posted on the Town's website on April 11, 2013.
These findings have been prepared in accordance with 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.).
H. Proiect Description
As reflected in the Project Description in the Draft EIR, the Project applicant originally
proposed to develop up to 550,000 square feet of office /research and development (R &D)
space (including office - serving amenities), one parking garage, surface parking areas,
new access driveways, and new landscaping and privamrope -h- space on the subject:" ",-`r=
property located at 90 -160 Albright Way and 14600 Winchester Boulevard. The site is
located in the northern part of the Town of Los Gatos, immediately east of Winchester
Boulevard and south of the State Route 85 (SR 85) freeway. As noted above, the Project
will require the removal of ten existing buildings totaling approximately 250,000 square
feet of office/R &D space and allow the construction of up to four new larger office/R &D
buildings at full build out. As the Project was proposed in the Draft EIR, implementation
of the Project would have resulted in a net increase of 300,000 square feet of office/R &D
space. As the Project was finally approved by the Town Council, however, this amount
was reduced to a total net increase of only 235,000 square feet. The Albright Way loop
road will be eliminated to accommodate the new buildings, and new driveways will be
constructed to provide access to the new buildings as well as to provide emergency
'See Cal. Code Regs., tit. 14, section 15367 for a definition of "lead agency."
vehicle access. The driveways will serve the parking lots and one new parking garage.
(Draft EIR, p. 2 -1.)
The Project applicant proposed a new Planned Development (PD) overlay zone to replace
the existing CM: PD (Controlled Manufacturing, Planned Development) zoning
designation on the property. The PD overlay would allow the development of the site for
expanded office/R &D space (including office - serving amenities). The PD overlay zone
is a specially tailored development tool that designates site - specific zoning regulations
consistent with the General Plan, sets development standards for a site, and establishes
site design guidance. The PD overlay zone is intended to ensure orderly planning and
quality design that will be in harmony with the existing or potential development of the
surrounding neighborhood. The development of the Albright Project site will comply
with the standards and guidelines established in the PD overlay, as determined by the
Town through the Architecture and Site ( "A &S ") approval process. (]bid.)
The PD overlay requires A &S approval, in conformance with the use and development
standards and design guidance in the PD Overlay, prior to construction of new buildings.
(]bid.)
A. Location
The subject property is located at 90 -160 Albright Way and 14600 Winchester Boulevard
in the northern part of the Town of Los Gatos, immediately east of Winchester Boulevard
and south of the State Route 85 (SR 85) freeway. Winchester Boulevard and a Union
Pacific Railroad right -of -way bound the Project site on the west, while SR 85 bounds the
northern side of the property. The Los Gatos Creek Trail, which separates the property
from and runs along Los Gatos Creek, bounds the property on the east, and the Charter
Oaks residential neighborhood bounds the project site on the south. The headquarter
offices of the Santa Clara County Fire Department are adjacent to the south side of the
14600 Winchester Boulevard office building, and adjoin the southwestern site boundary.
(Draft EIR, p. 3 -l.)
The Project site consists of ten developed parcels within the Los Gatos Business Park at
the intersection of Albright Way and Winchester Boulevard. Albright Way is a loop road
providing the principal access to the property; however, vehicular access to the Project
site is also available via a driveway on Winchester Boulevard at the southwest corner of
the site. The subject property is developed with ten one -story and two two -story office/
R &D buildings, along with associated driveways, parking areas, and landscaping. The
buildings were constructed on the site in the 1970s and 1980s. The rear parking lot for
151 Albright Way adjoins the paved Los Gatos Creek Trail, which extends northward
under SR 85 to downtown San Jose and southward past the Charter Oaks residential
subdivision, connecting to Vasona Reservoir, and eventually ending at Lexington
3
Reservoir. Vasona Reservoir is located approximately 0.6 miles to the south of the
project site. (]bid.)
The Project site is bounded on the north by SR 85, with offices and residential
development immediately north of this freeway. The Vasona Light Rail station is
proposed for a site also located immediately north of the freeway and the Valley
Transportation Authority has acquired all required right -of -way to extend the existing rail
line to this location. The Santa Clara Valley Water District has jurisdiction over the Los
Gatos Creek and the Los Gatos Creek Trail, which adjoin the project site on its eastern
boundary. Across the Water District's property from the site, there is a mobile home
facility, the Bonnie View Park and a remnant orchard parcel. Single - family attached
homes (townhornes) of the Charter Oaks neighborhood adjoin the southern perimeter of
the project site. The headquarter offices of the Santa Clara County Fire Department are
adjacent to the south side of the 14600 Winchester Boulevard office building. West of
Winchester Boulevard and 100 to 150 feet from the subject property are the Courtside
., ,.
Club facilities, residences on Smitli'Ranch Clourt; and vacant parcels adjoiiung the
southbound off -ramp from SR 85 to Winchester Boulevard. Union Pacific railroad
property and tracks are located along a portion of the western property boundary between
the project site and Winchester Boulevard. (Draft EIR, pp. 3 -1, 3 -5.)
B. 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 proposed project." The
Town's Draft EIR "for the Albright Project identified "project objectives" for both the
project applicant and the Town. The following are the applicant's objectives:
1. Develop a project that is consistent and compatible with the existing land uses in
the surrounding afea:
2. Develop an office/R&D park of sufficient size and quality that enable it to attract
and accommodate large corporate tenants.
3. Develop an office/R&D park of sufficient density to. take advantage of the site's
proxinuty to the existing and planned transit facilities.
4. Design office /R &D buildings that satisfy modem tenant demands for site
configurations, amenities, and efficient/effective employee collaboration space.
5. Provide adequate parking spaces. to accommodate the operations of the new
occupants as well -as adequate spaces for business invitees.
6. Construct an environmentally sensitive design with green building techniques.
4
7. Develop office/R &D buildings that maximize on -site open space through project
massing and sensitive design.
8. Develop a project that will create construction jobs and employment opportunities
in the Town of Los Gatos.
9. Develop a project of sufficient density to support the proposed project amenities,
and to be fmanceable and financially feasible.
In issuing the Draft EIR, the Town did not want to prejudge the proposed project by
embracing the applicant's project objectives at the outset of the environmental review
process. Instead, in order to be able to respond to the applicant's proposal in light of the
Town's own legislative policies, the Town staff chose to formulate the Town's own
project objectives based on what staff believed were key relevant policies from the
Town's 2020 General Plan.
Because the project site is located within the part of the Town subject to the Vasona Light
Rail (VLR) Element of the General Plan, the Town's objectives reflect the goals and
policies of that Element. The Town's objectives also reflect some important goals and
policies of the Environment and Sustainability Element of the General Plan. The Town's
objectives are listed below:
1. Encourage a mix of commercial, office, light industrial and recreational uses
within the Vasona Light Rail area, especially in areas less suited to residential
development due to noise (Policy VLR -3.3).
2. Work with developers and agencies to ensure that the Vasona Junctibn sub -area
(located just north of the project site) is developed in a manner that takes full
advantage of the mass transit opportunities afforded by the Vasona Light Rail
(Policy VLR -9.2).
3. Encourage site plans in the Vasona Light Rail area to be designed to minimize
traffic impacts and preserve sufficient open space (Policy VLR -6.2)
4. Facilitate and encourage pedestrian activity through the siting, scale, and design of
buildings in relationship to each other (Policy VLR -6.3).
5. Provide opportunities for a variety of non - residential land uses within the Vasona
Light Rail area (Goal VLR -4) and limit impacts of non - residential development
projects on existing residential uses (Policy VLR -4.2).
6. Orient development to take advantage of the amenities of Los Gatos Creek and the
Creek Trail (Policy VLR -5.2).
Contribute to the Town's efforts to reduce overall greenhouse. gas (GHG)
emissions to 1990 levels by 2020 (Goal ENV -14) by reducing use of non-
renewable energy resources and expanding the use of renewable resources and
alternative fuels (Goal ENV -16), and promoting green buildings that minimize
consumption of energy and natural resources (Goal ENV -17).
8. Encourage the use of energy conservation techniques and technology in order to
improve energy conservation (Policy ENV- 16.1).
9. Encourage new development to incorporate measures that reduce, energy use
through solar orientation by taking 4dvantage of shade, prevailing winds,
landscaping, and sun screens. (Policy ENV- 16.6).
10. Require new construction to use energy and resource- efficient and ecologically
sound designs, technologies, and building materials, as well as recycled materials
to promote, sustainability (Policy ENV ,17.1).
11. Encourage reductions in the use of nonrenewable resources in building
construction, maintenance, and operations (Policy ENV - 17.3).
(DEIR, pp. 3 -5 to 3 -8.)
III. Environmental Review Process and Proiect Approval
On August 2, 2012, the Town published a; Notice of Preparation (NOP) for the Draft
EIR(see DEIR, 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 FIR.
On January 29, 2013, the Town published the Draft EIR for the Albright Project,
commencing a 45 -day public review period that ended on March 14, 2013.
On April 11, 2013, the Town issued the proposed Final EIR for consideration by the
Town's Planning Commmission and, subsequently, by the Town Council.
On April 24, 2013, the Planning Commission considered the Project, acting in an
advisory capacity. After hearing public testimony, the Commission determined to
recommend denial of the Project as proposed.
On May 20, 2013, and June 3; 2013, the Town Council considered the Project. After
receiving public testimony and deliberating, the Council approved the Project with the
following modifications: (i) the total permitted square footage was reduced from 550,000
to 485,000; (ii) the maximum heights on Buildings 1 and 4 were reduced to a total of 50
feet each (including mechanical equipment on the roofs), allowing for three stories in
each building rather than four, as proposed; (iii) the maximum height of the parking
garage was reduced to 35 feet (not counting tower elements, elevator overrun structures,
and other similar architectural elements); and (iv) signage visible from the freeway was
prohibited. The Council's Architecture and Site approval was conditioned on the
subsequent approval by the Town's consulting architect of design modifications to
accommodate these changes. The Council also indicated a willingness, in the future, to
entertain a request from the applicant to build the parking garage partly or fully
underground, but the Council recognized that additional environmental review and
discretionary approvals would be necessary for such a change. The Project is not required
to build underground parking, and will function effectively, with adequate parking, in the
absence of underground parking.
IV. 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 Record of Proceedings from Los Gatos Citizens for Responsible Development
et al. v. Town of Los Gatos et al. (Santa Clara County Superior Court Case No.
111 CV 209214);
• The January 2013 Draft EIR and its appendices;
• The April 2013 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;
• All reports, studies, memoranda, maps, staff reports, or other planning documents
relating to the Project prepared by the Town of Los Gatos relevant to the Town's
compliance with the requirements of CEQA and the Town's action on the Project;
All documents sub-i,uited to the Town u y y the applicant, b other p �g__ ublic agencies or
. en
members of the public in connection with the Project, up through the close of the
final public hearing on Project before the Town Council held on June 17, 2013;
• Any minutes and/or Verbatim transcripts of public meetings and public hearings
held by the Town 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;
• Any and all resolutions adopted by the Planning Commission and the Town
Council of the Town of Los Gatos regarding the Project, and all staff reports,
analyses, and summaries related to the adoption of those resolutions;
• Matters of common knowledge to the Town of Los Gatos, including, but not
limited to federal, state, and local laws and regulations;
• Town of Los Gatos 2020 General Plan;
s 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 fmdings, 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 110 East Main Street; and during regular business hours, at the Town
Library at 100 Villa Avenue. The custodian of these documents is the Community
Development Department. This information is provided in compliance with 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 categories. Many of them reflect prior planning or
legislative decisions with which the Town of Los Gatos was aware in approving the
proposed 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 Town Council 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 proposed project. (See Pub. Resources Code, § 21167.6, subd. (e)(10); Browning -
Ferris Industries v. City Council of City of San Jose (1986) 181 Cal.App.3d 852, 866;
Stanislaus Audubon Society, Inc. v. County ofStanislaus (1995) 33 Cal.AppAth 144, 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 would 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. This 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,
9
S:rrh If — agent_, The t�yirri potential conrhlsio" is that sneritir economic; legal �nrial;
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.)
Here, as set forth in Table A to CEQA Findings, the Town Council has adopted the first
permissible finding with respect to all significant effects identified in the EIR, concluding
that all such effects can be mitigated to less than significant levels. The Town Council
therefore has no need to consider the feasibility of any project alternatives. (Pub.
Resources Code, § 21002; Laurel Hills Ho?neowners Association v. City Council (1978)
83 Cal:App.3d515, 521 (Laurel Hills); see also Kings County Farn Ball-eau v. City of
Hanford (1990) 221- Ca1.App.3d 692, 730 -731; and Laurel Heights bnprovement
Association v. Regents of the University of California (1988) 47 Ca1.3d 376, 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:
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 initigate or avoid
significant effects on the environment." For the Albright Project, the Town satisfied this
obligation by preparing a Mitigation Monitoring and Reporting Program (MMRP), which
was attached as Appendix L to 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 implementing each pleasure. The MMRP is being
approved concurrently with the adoption of these Findings of Fact.
10
VII. Significant Effects and Mitigation Measures
The Draft EIR identified a number potentially significant environmental effects (or
impacts) that the Project will cause or contribute to. 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
finally approved though they were originally prepared with the originally proposed
Project in mind. 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 Projects' impacts and mitigation measures
designed to address those impacts. In making these findings, the Town of Los Gatos
ratifies, adopts, and incorporates 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.
oil
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RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND MAIQN G
CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN CONNECTION WITH A REZONING TO CM:PD FOR PROPERTY
LOCATED AT 90 -160 ALBRIGHT WAY AND 14600 WINCHESTER BOULEVARD.
APNS: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, AND 063
ENVIRONMENTAL IMPACT REPORT EIR -12 -003
PLANNED DEVELOPMENT APPLICATION: PD -12 -001
ARCHITECTURE AND SITE APPLICATION S -12 -078
WHEREAS,
A. The applicant, John R. Shenk, proposes to rezone property located at 90 -160
Albright Way and 14600 Winchester Boulevard from CM:PD to CM:PD for the development
of up to 550,000 square feet of new office/R &D space (including office - serving amenities),
one parking garage, surface parking areas, new access driveways, and new landscaping and
open space. The Albright Office Park Project includes Planned Development Application
PD -12 -001, Architecture and Site Application S -12 -078, and Environmental Impact Report
EIR -12 -003.
B. A Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the
Albright Office Park Project was issued on August 3, 2012.
C. A public seeping meeting was held on August 27, 2012, to receive comments
regarding the scope of issues to be addressed in the EIR.
1
ATTACIMENT 4
D. A Draft Environmental Impact Report (Draft EIR) to analyze potential impacts r
associated %vine the Albright Office Park Project was prepared and issued for agency and
public revie1.v and comment on January 29, 2013, for a 45 day review period.
E. The Planning Commission held a duly noticed public hearing on February 27 ,
2013, at which time the Commission received public comments regarding the Draft EIR for
the Albright Office Park Project.
F. Pursuant to the California Environmental Quality Act and the implementing
Guidelines adopted therefore ( "CEQA "), the Town prepared a Final Environmental Impact
Report (Final EIR), incorporating responses to comments on the DEIR which was issued on
April 12, 2013.
G. The Planning Commission held a duly noticed public hearing on April 24, 2013,
at which time the Commission considered the public testimony, the staff report prepared for
that meeting ( "Staff Report"), and all other documentation related to the Albright Office Park
Project, and recommended denial of the Planned Development application to the Town
Council for the Albright Office Park Project.
K The Town Council held a duly noticed public heating on \day 20, 2013, at which
time the Town Council considered the public testimony, the Staff Report, and all other
documentation related to the Albright Office Park Project and continued the item to .iune ?.
2013.
I. The Town Council held a continued public hearing on June 3. 2013. at which time
the Town Council further considered additional public testimony, the Staff Report, and all
other documentation related to the Albright Office Park Proiect.
2
J. At the public hearing on June 3. 2013 the ToN "n Council modified the applic nt's
proposed project by reducing the height of Building 1 and Building 4 to a maximum all
inclusive height of 50' (fifty feet): reducing the maximum height of the parking garage to '5'
(thirty five feet) exclusive of to ,--r element; elevator oierrun structure; and other similar
architectural elements: reducing the maximum square footage of the Planned Development
project to 485.000 square feet: rot permitting anv freeway visible sig s: and requiring h
applicant to rovide "Keep Clear" or other aopro riate roadwav markings and sigtiage at the
intersection of Cha er Oaks Dive and Lark Avenue
K. Public Resources Code §21031, subdivision (a), requires a public agency, before
approving a project for which an EIR has been prepared and certified, to adopt findings
specifying whether mitigation treasures and, in some instances, project alternatives,
discussed in the EIR, have been adopted or rejected as infeasible.
L. The Town need not make findings rejecting alternatives described in the EIR if all
of the project's significant impacts will be mitigated to a less than significant level avoided
or substantially lessened by mitigation measures, which is the case with the Albright Office
Park Project.
M. The Town Council, reflecting the advice of Town Staff, expert consultants, the
Planning Commission, and extensive input from the community, has expressed its intention
to approve the Albright Office Park Project.
N. In taking this course, the Town Council has acted consistent with the CEQA
mandate to look to project mitigations and/or alternatives as a means of lessening or avoiding
the environmental effects of projects as proposed.
3
O. Alt of the potentially significant environmental effects associated with the
Albright Office Park Project, as approved, have been taIti_ ieil -' - ,'ar-_7 le,-Is
tl:.. inciusio "i: of iT.it `''„ttio:; measures proposed in
the Final E1R.
P. The Toivn Council in approving the proiect as proposed intends to adopt all
mitigation measures as set forth in the Mitigation Monitoring and Rcporting Program for the
Albright Office Park Project (the "Program"" which is attached to this Resolution as Exhibit
A.
Q. The Town Council recognizes the Town's obligation, pursuant to the Public
Resouices Code 2108 1.6 subdivision (a), to ensure the monitoring of all adopted mitigation
measures necessary to substantia!ly lessen or avoid the significant effects of the project. Such
monitoring will occur pursuant to the adopted Program.
R. The location acid custodian of the documents or other materials which constitute
the record of proceedings upon which the Town Council's decision is based is in the office of
the Town Clerk, 110 E. plain Street, Los Gatos, CA 9030.
4
NOW, THEREFORE, BE IT RESOLVED, AND IT IS HEREBY RESOLVED, that
the Town Council herebv certifies the Final FIR. adopts the Mitigation Monitoring and
Reporting Pronam attached hereto as Exhibit A and adopts_: the Findings of Fact
=`.hick are attached hereto ;hi; as Exhibit B. In C-1- . th,- Final EIR. the Town
Council soecificalle finds that (1) the document has been compte'ed in compliance -'Xitn CEOA:
?( ) the document was presented to the Tlv %-n Council as the decis on making body of the lead
agencv. and the Council has reviewed and considered the information contained therein: and 3)
the Final EIR reflects the Tolrn's independent judgment and anak-sis.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 17th day of June, 3013, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TONVN OF LOS GATOS
LOS GATOS. CALIFORNIA
N: DEV`,.RESOS''013 A1b1iehtCEQARed1ine.docx
EXHIBIT B
CEQA FI-\DI \GS OF FACT
This Page
Intentional /v
Left Blank
CEQA FINDINGS OF FACT
of the
TOWN COUNCIL OF
THE TOWN OF LOS GATOS
for the
ALBRIGHT OFFICE PARK
June 17, ?013
L Illtrod"clion
As approved by the Town Council on June 3. 2013. rThe Albright Office Park project
("the Project ") will involve the development of up to X35.000 square feet of
office /research & development (R &D) space (including office - serving amenities), one
Parking garage. surface parking areas, new access driveways, and new landscaping and
private open space. The Project will require the removal of ten existing buildings totaling
approximately 250,000 square feet of office /R &D space and entail the construction or up
to four new larger office/ R &D buildings at full build out. for a total net increase of
x.000 square feet of office.R? &D space.
The Town of Los Gatos ( "Town "), as lead agency, prepared a Draft Enviromnental
Impact Report (EIR) for the Project in Tanuary, 2013 (State Clearinghouse No.
2012082020). This document was made available for review on Tanuary 29, 2013, for a
forty -five (45) day review period. Accordingly, written comments were solicited until
March 14, 2013. The Town of Los Gatos prepared responses to continents on the Draft
EIR, and published both continents and responses to comments in the April 2013 Final
EIR, which was posted on the Town's website on April 11, 2013.
These findings have been prepared in accordance with 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. Proiect Description
As reflected in the Proiect Description in the Draft EIR. tThe Pproiect applicant
originally proposeds to develop up to X05504 -5,000 square feet of office /research and
development (R &D) space (including office - serving amenities), one parting garage,
surface parking areas, new access driveways, and new landscaping and private open
space on the subject property located at 90 -160 Albright Way and 14600 Winchester
Boulevard. The site is located in the northern part of the Town of Los Gatos, immediately
east of Winchester Boulevard and south of the State Route 85 (SR 85) freeway. As noted
above, the Project will require the removal of ten existing buildings totaling
approximately 250,000 square feet of office /R &D space and allow the construction of up
to four new larger office /R &D buildings at full build out. As the Proiect was proposed in
the Draft EIR. P-rejeet- implementation of the Proiect would have resulted in a net increase
C 300 =x,000 square feet of offrc: IRS-D space. As the Proiect was finally approved
by the Town Council. however. this amount was reduced to a total net increase of oniv
_35.000 square feet. The Albright Way loop road will be eliminated to accommodate the
new buildings, and new driveways will be constructed to provide access to the new
' See Cal. Code Regs., tit. 14, section 15367 for a definition of "lead agency."
buildings as well as to provide emergency vehicle access. The driveways will serve the
parking lots and one new parking garage. (Draft EIR, p. 2 -1.)
The Project applicant proposed a new Planned Development (PD) overlay zone to replace
the existing CM: PD (Controlled ivlanufacturina, Planned Development) zoning
designation on the property. The PD overlay would allow the development of the site for
expanded office/R &D space (including office- serving amenities). The PD overlay zone
is a specially tailored development tool that designates site - specific zoning regulations
consistent with the General Plan, sets development standards for a site, and establishes
site design guidance. The PD overlay zone is intended to ensure orderly planning and
quality design that will be in harmony with the existing or potential development of the
surrounding neighborhood. The development of the Albright Project site will comply
with the standards and guidelines established in the PD overlay, as determined by the
Town through the Architecture and Site ( "A &S ") approval process. (Ibid.)
The PD overlay requires A &S approval, in conformance with the use and development
standards and design guidance in the PD Overlay, prior to construction of new buildings.
(Ibid.)
A. Location
The subject property is located at 90 -160 Albright Way and 14600 Winchester Boulevard
in the northern part of the Town of Los Gatos, immediately east of Winchester Boulevard
and south of the State Route 85 (SR 85) freeway. Winchester Boulevard and a Union
Pacific Railroad right -of -way bound the project site on the west, while SR 85 bounds
the northern side of the property. The Los Gatos Creek Trail, which separates the
property from and runs along Los Gatos Creek, bounds the property on the east, and the
Charter Oaks residential neighborhood bounds the project site on the south. The
headquarter offices of the Santa Clara County Fire Department are adjacent to the south
side of the 14600 Winchester Boulevard office building, and adjoin the southwestern site
boundary. (Draft EIR, p. 3 -1.)
The project site consists of ten developed parcels within the Los Gatos Business Park at
the intersection of Albright Way and Winchester Boulevard. Albright Way is a loop road
providing the principal access to the property; however, vehicular access to the Pproject
site is also available via a driveway on Winchester Boulevard at the southwest comer of
the site. The subject property is developed with ten one -story and two two -story office/
R &D buildings, along with associated driveways, parking areas, and landscaping. The
buildings were constructed on the site in the 19'70s and 1980s. The rear parking lot for
151 Albright Way adjoins the paved Los Gatos Creek Trail, which extends northward
under SR 85 to downtown San Jose and southward past the Charter Oaks residential
subdivision, connecting to Vasona Reservoir, and eventually ending at Lexington
3
Reservoir. Vasona Reservoir is located approximately 0.6 miles to die south of the
protect site. (Ibid.)
The Pf roject site is bounded on the north by SR Si. with offices and residential
develoonient immediately iiortii of this free�eay. -The Vasona Licht Rail station is
proposed for a site also located imined!ately north of the free %, and t11e Valle
Transportation Authority has acquired all required right -oi to extend the existing rail
'line to this location. The Santa Clara Valley Water Distric >. c indiction over the Los
Gatos Creel_ and the Los Gatos Creek: Trail. Nvhich adjoin !' "site on its east::
Across tl :c Districts property fi—o n 1`1 _ a inobile Honig
:[1\. Lriy. tile, B� inie N ie.. Pain aal a reil]P:aiit o1'Chal "il I. .. _ _ � :.i..ilV a :ache -'11
ponies (totvtihomes) of the Ch_:.er Oats neighborhood' =oin ti, nuthem perimeter of
the project site. The Headquarter offices of the Santa Clara C'oun l=ire Department are
adjacent to the south side of the 14600 Winchester Boulevarei ofEce building. West of
Winchester Boulevard and 100 to 150 feet from the subjcc: are the Conrtside
Club facilities, residences on Sin' Ranch Court, and vacnr. _.: c:n adjoining the
southbound off -ramp frorn SR S5 to Winchester Boulevard. :, on Pacific railroad
property mitt tracks are located along a portion of the weste:u property boundary bett•, een
the project site and Winchester Boulevard. (Draft EIR. hp. ; -1. ; -5.)
B. Purpose and Objectives
CEQA Guidelines section 15124 requires that the `Project Description' portion of a Draft
EIR set forth [all statement of the objectives sought by the proposed project." The
To«"n's Draft EIR for the Albright Project identified "project objectives" for both the
project applicant and the Town. The following are the applicant's objectives:
1, Develop a proiect that is consistent and compatible with the existing tand t,.ses ui
the surrounding area.
Develop an office,'R&D park of sufficient size and quality that enable it to attract
and acconiniodate large corporate tenants.
Develop an office; Rif D park of sufficient density to take advantage of the site
proximity to the existing and planned transit facilities.
Design office R&D buildings that satisfy nlodeni tenant demands for site
configurations. amenities, and efficient'effective employee collaboration space.
1. Provide adequate parkins spaces to acconiniodate the operation's of the new
occupants as well as adequate spaces for business invitees.
6. Construct an environmentally sensitive desi ni with green building techniques.
Develop office /R &D buildings that maximize on -site open space through project
massing and sensitive design.
S. Develop a project that will create construction jobs and employment opportunities
in the Town of Los Gatos.
9. Develop a project of sufficient density to support the proposed project amenities,
and to be fnanceable and financially feasible.
In issuing the Draft EIR, the Town did not want to prejudge the proposed project by
embracing the applicant's project objectives at the outset of the environmental review
process. Instead, in order to be able to respond to the applicant's proposal in light of the
Town's own legislative policies, the Town staff chose to formulate the Town's own
project objectives based on what staff believed were key relevant policies from the
Town's 2020 General Plan.
Because the project site is located within the part of the Town subject to the Vasona Light
Rail (VLR) Element of the General Plan, the Town's objectives reflect the goals and
policies of that Element. The Town's objectives also reflect some important goals and
policies of the Environment and Sustainability Element of the General Plan. The Town's
objectives are listed below:
Encourage a mix of commercial, office, light industrial and recreational uses
within the Vasona Light Rail area, especially in areas less suited to residential
development due to noise (Policy VLR -33).
Work with developers and agencies to ensure that the Vasona Junction sub -area
(located just north of the project site) is developed in a manner that takes full
advantage of the mass transit opportunities afforded by the Vasona Light Rail
(Policy VLR -9.2).
3. Encourage site plans in the Vasona Light Rail area to be designed to minimize
traffic impacts and preserve sufficient open space (Policy VLR -6.2)
4. Facilitate and encourage pedestrian activity through the siting, scale, and design of
buildings in relationship to each other (Policy VLR -6.3).
5. Provide opportunities for a variety of non - residential land uses within the Vasona
Light Rail area (Goal VLR -4) and limit impacts of non - residential development
projects on existing residential uses (Policy VLR -4.2).
6. Orient development to take advantage of the amenities of Los Gatos Creek and the
Creek Trail (Policy VLR -5.2).
7. Contribute to the Town's efforts to reduce overall greenhouse has (GHG)
emissions to 1990 levels by 2020 (Goal ENV -14) by reducing use of non- -
renewable energy resources and expanding the use of renewable resources and
alternative fuels (Goal ENV- [6). and promoting green buildings that minimize
consumption of energy and natural resources (Goal ENV - l7).
S. Encourage the use of energy conservation techniques and technology in order to
improve energy conservation (Policy ENV - 16.1).
9. Encourage new development to ir_:opor:3te measures that reduce energy use
through solar orientation by taking advantage of shade, prevailing winds.
landscaping, and sun screens (Policy ENV- 16.6).
W. Require new construction to use energy - and resource - efficient and ecologically
sound designs, technologies. and building materials, as well as recycled materials
to promote sustainability (Policy E`:V=17.!).
11. Encourage reductions in the use of nonrenewable resources in building
constriction, maintenance, and operations (Policy ENV -173).
(DEIR, pp. 3 -5 to 3 -8.)
III. ) nvironmen(al Reviww Process and Project Approval
On August 2, 2012, the Tov. n published a'votice of Preparation (NOP) for the Draft
EIR(see DEIR, Appendix A), thereby notifying responsible agencies, trustee agencies,
adjacent local agencies, transportation planning agencies, the public, and other interested
parties of the seeping period and giving them the opportunity to transmit their concerns
and comments on the scope and content of the Draft EIR.
On January 29, 2013, the Town published the Draft EIR for the Albright Project,
conmtencing a 45 -day public review period that ended on March 1, , 2013.
On April 11, 201' ), the Town issued the proposed Final EIR for consideration by the
Town's Planning Commission and, subsequently, by the Town Council.
On April 24 2013. the Planning Commission considered the Proiect, acting in an
advisory capacity. After hearing public testimony. the Commission determined to
reconunend denial of the Project as proposed.
On Mav 20. 2013. and June 3. 2013. the Town Council considered the Proiect. After
receiving public testimony and deliberating. the Council approved the Project with the
following modifications: 1j) the total permitted square footage was reduced from 550.000
to 48.000: (ii) the maximum heights on Buildings I and 4 were reduced to a total of 50
feet each ( including mechanical equipment on the roofs) allowing for three stories in
each budding rather than four as proposed: (iii) the maximum height of the parking
garage was reduced to 35 feet (not counting tower elements. elevator overrun structures.
and other similar architectural elements): and (iv) signage risible from the freeway w as
prohibited. The Council's Architecture and Site approval was conditioned on the
subsequent approval by the Town's consulting architect of design modifications to
accommodate these changes. The Council also indicated a willingness. in the future- to
entertain a request from the applicant to build the parking garage party or full
underground. but the Council recognized that additional environmental review and
absence of underground parking
IV. 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 Record of Proceedings from Los Gatos Citizens for Responsible Development
et al. v. Town of Los Gatos et al. (Santa Clara County Superior Court Case No.
111 CV 209214);
• The January 2013 Draft EIR and its appendices;
• The April 2013 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;
• All reports, studies, memoranda, maps, staff reports, or other planning documents
relating to the Project prepared by the Town of Los Gatos relevant to the Town's
compliance with the requirements of CEQA and the Town's action on the Project;
e 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 Town Council held on E. =June 17.
2013;
Any minutes and/or verbatim transcripts of public meetings and public hearings
held by the Town of Los Gatos in connection with the Project;
e Any documentary or other evidence submitted to the Town of Los Gatos at such
public meetings and public hearings;
e Any and all resolutions adopted by the Planning Conunission and the Town
Council of the Town of Los Gatos regarding the Project, and all staff reports,
analyses, and summaries related to the adoption of those resolutions;
Matters of common knowledge to the Town of Los Gatos, including, but not
limited to federal, state, and local laws and regulations;
e Town ,,f Los Gatos 2020 General Plan-,
e Town of Los Gatos 2020 General Plan Final Environmental Impact Report;
e Town of Los Gatos Gcn ral Piaa IT Background Rcpoa:
e Los Gatos Town Codes;
—Los Gatos Sustainabitity Plan;
o Any documents expressly cited in these findings, in addition to those cited above;
and
e Any other materials required for the record of proceedings by Public Resources
Code section 2 t 167.6, 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 110 East :stain Street; and during regular business hours, at the Town
Library at 100 Villa Avenue. The custodian of these documents is the Conununity
Development Department. This information is provided in compliance with 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 categories. Many of them reflect prior planning or
legislative decisions with which the Town of Los Gatos was aware in approving the
proposed project. (See City of Santa Cru v. Local Agency Formation Commission
(1978) 76 Cal.App.3d 381, 391 -392; Dontiney v. Department ofPersonttel
Administration (1988) 205 Ca1.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 Town Council 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 proposed project. (See Pub. Resources Code, § 21167.6, subd. (e)(10); Brolt-ning-
Ferris Industries v. City Council of Citv of San Jose (1986) 181 Ca1.App.3d 852, 866;
Stanislaus Audubon Society, Inc. v. County of Stanislaits (1995) 33 Cal.AppAth 144, 153,
155.)
V. Findings Required Under CEOA
Public Resources Code section 21002 provides that "public agencies should not approve
projects as proposed if there are feasible alteratives or feasible mitigation measures
available which would 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 treasures, 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. This 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
9
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 hishly 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.)
Here, as set forth in Table A to CEQA Findings, the Town Council has adopted the first
permissible finding with respect to all significant effects identified in the EIR, concluding
that all such effects can be mitigated to less than significant levels. The Town Council
therefore has no need to consider the feasibility of any project alternatives. (Pub.
Resources Code, § 21002: Laurel Hills Homeoirners Association r. City Council (1978)
8' ) Ca1.App.3d 515, 521 (Laurel Hills); see also Kings County Farm Bureau v. City of
Hanford (1990) 221 Cal.App3d 692, 730 -731; and Laurel Heights Improvement
Association v. Regents of the University of California (1988) 47 Cal.3d 376, 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.
VL Mitigation i\fonitoring 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 environment." For the Albright Project, the Town satisfied this
obligation by preparing a Mitigation Monitoring and Reporting Program (MMRP), which
was attached as Appendix L to the Final EIR. The MMRP provides a list of all adopted
ift
project mitigation measures, identifies the parties responsible for implementing such
measures, and identifies the timing for implementing 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 potentially significant environmental effects (or
impacts) that the Project will cause or contribute to. All of these effects can be mitigated
to less than significant levels through the adoption of feasible mitigation measures. all of
N,,Bich Toivn staff has determined remain necessary. in unchanged form. for the Project as
finally approved though they were originally prepared with the originally proposed
Project in mind. 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 Projects' impacts and mitigation measures
designed to address those impacts. In making these findings, the Town of Los Gatos
ratifies, adopts, and incorporates 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.
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