Item 5 Attachments 5-7CONDITIONS OF APPROVAL FOR:
90 -160 Albright Way and 14600 Winchester Boulevard
Planned Development Application PD -12 -001
Architecture and Site Application S -12 -078
Environmental Impact Report EIR -12 -003
Requesting approval to construct the improvements represented in Planned Development
application PD -12 -001 which allows for redevelopment of the existing site with up to 550,000
square feet of new office/R &D buildings, one parking garage and other site improvements. An
Environmental Impact Report (EIR) has been prepared as required by the California
Environmental Quality Act (CEQA). APN's 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054,
059, 060, 063.
PROPERTY OWNER: LG Business Park LLC
APPLICANT: John R. Shenk
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved and noted as received by the Town on April 11, 2013 as modified by the Town
Council on June 3, 2013, subject to Consulting Architect review. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, the Development Review Committee, the Planning Commission, or Town
Council, depending on the scope of the changes.
2. EXPIRATION: The Architecture and Site Application approval will expire two years
from the approval date pursuant to Section 29.20.320 of the Town Code, unless the
approval has been vested.
3. 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.
4. 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.
5. 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.
6. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and final subdivision
1
ATTACEII I 5
map detailing how the conditions of approval will be addressed.
7. 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.
8. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for trees
approved for removal prior to the issuance of any permits.
9. 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 construction plans.
10. 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.
11. 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.
12. 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.
13. 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.
14, PERIMETER TREES: The proposed trees to be planted along the perimeter of the
property shall be planted during the first phase of construction.
15. 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.
16. MITIGATION MEASURE 4.3 -2, PROTECTION OF NESTING SPECIAL - STATUS
AND MIGRATORY BIRDS: In order to avoid impacts to special - status and migratory
2
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 during the bird breeding season (i.e., between February 1 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, 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.
17. 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 impacts on these species would be avoided.
a. Prior to the removal or significant pruning of trees and the demolition of 90 Albright
Way, a qualified bat biologist shall assess them for the potential to support roosting
bats. Suitable bat roosting sites include trees with snags, rotten stumps, and decadent
trees with broken limbs, exfoliating bark, cavities, and structures with cracks, joint
seams and other openings to interior spaces. If there is no evidence of occupation by
bats, work may proceed without further action.
b. If suitable roosting habitat is present, the bat biologist shall recommend appropriate
measures to prevent take of bats. Such measures may include exclusion and humane
eviction (see "o" below) of bats roosting within structures during seasonal periods of
3
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. Matemity 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.
18. 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 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, 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.
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.
4
h. Free - roaming domestic pets (e.g., cats, ofMcash 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.
19. 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
requirements shall be revised to match the updated recommendations as necessary.
20. 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 match the updated recommendations as necessary.
21. 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
5
22.
23.
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 -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.
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 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 detennine 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.
ri
24.
25
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.
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.
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 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
7
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.
26. MITIGATION MEASURE 4.8 -113, BAAQMD ARCHITECTURAL COATINGS: Prior
to issuance of any Building Permit, the Chief Building Official shall confine 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.
27. MITIGATION MEASURE 4.8 -IC, 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.
28. 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.
l:3
• 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.
29. 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, shall be implemented in accordance with applicable laws
prior to demolition. Specifically, asbestos abatement shall be conducted in accordance
with Section 19827.5 of the California Health and Safety Code, as implemented by the
BAAQMD, and 8 CCR Section 1529 and Sections 341.6 through 341.14, as implemented
by Cal/OSHA. Lead -based paint abatement shall be conducted in accordance with
Cal /OSHA's Lead in Construction Standard.
Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and
fluorescent light ballasts containing DEHP shall also be removed and legally disposed of
in accordance with applicable laws including 22 CCR Section 66261.24 for PCBs, 22
CCR Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11
for DEHP.
30. 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.
31. MITIGATION MEASURE 4.10 -3B, CONTINGENCY PLAN: The project applicant
shall require the construction contractor(s) to have a contingency plan for sampling and
analysis of potential hazardous materials and for coordination with the Santa Clara
County Department 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.
6
32. 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).
33. 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 after consideration of the viability of avoidance in light of
project design and logistics. hi 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.
34. 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.
35. 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
10
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.
36. 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 $1 per
constructed square foot of new office/R &D buildings.
37. KEEP CLEAR: Applicant shall provide "Keep Clear" or other appropriate roadway
markings and signage at the intersection of Charter Oaks Drive and Lark Avenue.
38. SIGNS: No signs shall be visible from Highway 85.
Building Division
39. 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.
40. 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.
41. SIZE OF PLANS: Four sets of construction plans, size 30" x 42" maximum.
42. 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.
43. 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.
44. 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.
45. 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,
11
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.
46. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer
or land surveyor shall be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and that the building pad elevations and on -site retaining wall
locations and elevations have been prepared according to the approved plans. Horizontal
and vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
47. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue -lined (sticky- backed) onto a sheet of the plans.
48. 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.
49. FIRE ZONE: This project will require Class A Roof Assemblies.
50. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled -out, signed by all requested
parties, and be blue -lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at
www.losgatosca.gov /building
51. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 24x36) shall be part of the plan submittal as the second or third page. The
specification sheet is available at the Building Division Service Counter for a fee of $2 or
at San Jose Blue Print for a fee.
52. 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.
53. 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.
54. 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
12
entrance that they serve. The accessible route shall, to the maximum extent feasible,
coincide with the route for the general public. At least one accessible route shall connect
all accessible buildings, facilities, elements and spaces that are on the same site. If access
is provided for pedestrians from a pedestrian tunnel or elevated walkway, entrances to the
buildings from each tunnel or walkway must be accessible.
55. 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.
56. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Joel Paulson (408) 354 -6879
b. Engineering/Parks & Public Works Department: Maziar Bozorginia (408) 395 -3460
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Bay Area Air Quality Management District: (415) 771 -6000
Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR:
Engineering Division
57. GENERAL: All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued. The developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right -of -way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
58. 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 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.
13
59. 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.
60. PILE DRIVING: No pile driving shall be allowed during any phase of construction.
61. 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.
62. 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.
63. 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.
64. 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.
65. 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.
66. DEDICATIONS: The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage
and site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress- egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Extending from the northerly terminus of Charter
Oaks, through the project site, to Winchester Blvd. sufficient to meet the Fire
Department's requirements. No private vehicle access will be permitted between
Charter Oaks to the project site utilizing this Easement.
67. 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.
68. 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
14
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.
69. 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; 1) 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.
70. 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.
71. 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.
72. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
73. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
74. 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.
75. 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.
76. 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.
15
77. 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 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.
78. 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.
79. SITE DRAINAGE: All storm drain inlets (public or private) shall be stenciled /signed
with appropriate "NO DUMPING - Flows to Bay" NPDES required language.
80. 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.
81. NPDES 2: Prior to issuance of a building permit for each new building, landscape plans
shall be submitted to Community Development for review and approval to insure that
beneficial landscaping has been incorporated into the design to minimize irrigation runoff
and use of pesticides and fertilizers.
82. 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.
83. 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.
84. 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
16
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater valve,
as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of
the Town Code and maintain such device in a functional operating condition. Evidence of
West Valley Sanitation District's decision on whether a backwater device is needed shall
be provided prior to issuance of a building permit.
85. 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.
86. 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.
87. UTILITIES: All new utilities shall be placed underground.
88. 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.
89. UTILITY RELOCATION AND PHASING: Utility and circulation relocation and
phasing plans shall be included in the grading permit application package.
90. 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.
91. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the
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.
92. TRENCHING: Trenching within public streets will be allowed subject to the following
requirements:
a. The Town standard "T" trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium
asphalt. The initial 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 slung
17
mix. All existing striping and pavement markings shall be replaced upon completion
of slurry seal operations.
93. 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 (ITE 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.
94. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
95. LARK/UNIVERSITY TRAFFIC SIGNAL: Prior to issuance of a building permit or
recordation of any map, the developer shall pay 5228,639.11 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 52- percent of the
total construction and design cost of $397,550.63.
96. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
97. 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 I development. A full traffic signal,
signal interconnection and timing shall be provided prior to issuance of the first
certificate of occupancy.
98. 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 LarkfWinchester
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.
99. TRAFFIC CIRCULATION STUDIES: As part of each grading permit application, the
developer shall submit design -level circulation plans to address onsite circulation and
project entry points from Winchester Boulevard at each development phase. The plans
will identify the configuration of on -site circulation facilities and project entry points
from Winchester Boulevard as needed to support each development phase.
100. 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
IV',
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 turn pocket to the Courtside Club shall be
extended to 175 -feet (7 car queue) as recommended in the traffic impact analysis.
Handicap ramps, pedestrian crossings, signing, striping and parking shall be provided
in general conformance with the approved PD plan set.
b. Albright Way at Winchester Blvd. Construct a landscaped island ( "pork chop ") to
restrict vehicular movement to right -in right -out only with 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 H bike lanes shall be provided in both the north and south
bound directions on Winchester Boulevard between Wimbledon Drive and the rail
crossing. Median islands shall be modified as needed to accommodate the bike lanes.
e. Dedicated Right Turn Lanes. Winchester Boulevard shall be widened to provide
dedicated right turn lanes at the south entry and new signalized entry. Additional
widening may also be required to provide a right turn lane at Albright Way if
determined to be required by the Director of Parks and Public Works.
f. Striping. The developer shall restripe southbound Winchester Boulevard between the
Courtside entrance and Lark Avenue to provide a dedicated southbound left -turn lane
to eastbound Lark Avenue.
101. 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.
102. 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.
103. PUBLIC IMPROVEMENTS: Plans for public improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed
by contract, Faithful Performance Security and Labor & Materials Security before the
issuance of a building permit or the recordation of a subdivision map for each
development phase. The improvements must be substantially completed prior to issuance
of the first certificate of occupancy, fully complete and accepted by the Town prior to
issuance of the final Certificate of Occupancy for each development phase.
104. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace
19
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.
105. 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 pait 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.
106. 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.
107. 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.
108. SOIL EXPORT: The total soil export volume (sum of all development phases) from the
site shall not exceed 22,200 cubic yards. The contractor's project engineer shall send
daily trucking reports to the Engineering inspector during the export operation of each
development phase. Project impacts were evaluated based on the following earthwork
breakdown: Phase 1) 33,000 CY cut to fill, 8,700 CY export; Phase 2) 4,500 CY cut to
fill, 10,000 CY export; and Phase 3) 3,000 CY cut to fill, 3,500 CY export.
109. 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.
20
110. 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.
111. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of the most current Santa Clara County NPDES MRP Permit.
112. 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
113. 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.
114. 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.
115. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior
to issuance of any grading permit.
116. 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.
21
117. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the
Town Engineer, or at least once a day. Watering associated with on -site construction
activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least
one late - 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
trucks hauling soil, sand, or other loose debris shall be covered.
118. 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.
119. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of contractor
and property owner to make sure that all dirt tracked into the public right -of -way is
cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL
NOT be washed into the Town's storm drains.
120. 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.
121. 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.
122. 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.
123. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities
22
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with each subdivision map.
124. PRIVATE STREETS: All streets within the development shall be private.
125. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty -five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty -five (85) dBA.
126. 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.
127. 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.
128. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent
public right -of -way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued. The developer's representative in charge shall be at the job site during
all working hours. Failure to maintain the public right -of -way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
129. 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
23
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.
130. 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).
131. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
132. 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.
133. 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.
134. FENCING 2: A 6- foot masonry fence shall be provided between commercial and
residential zones as required by Town Code.
135. 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.
136. 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 II spaces as defined by VTA. The spaces shall be
provided by phase in accordance with the vehicle spaces required for that phase.
137. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
138. 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.
139. 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
24
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 See. 503 See Pages C -1, C -2.1 and C -2.2.
140. ACCESS AND LOADING FACILITIES: Buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of an approved fire
apparatus access road (including bridges and culverts) with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire apparatus
weighing at least 75,000 pounds or as otherwise determined by the fire code official.
Minimum clear height: Vertical clearance over required vehicular access roads and
driveways shall be 13 feet 6 inches. Grade: Maximum grade shall not exceed 15 %. Turn
Radius (circulating): The minimum outside turning radius is 42 feet for required access
roadways. Greater radius up to 60 feet may be required where the fire department
determines that ladder 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 Seepages C -1, C -2.1 and C -2.2.
141. 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.
142. 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.
143. 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
25
supply of the purveyor of record. Final approval of the system(s) under consideration
will not be granted by this office until compliance with the requirements of the water
purveyor of record are documented by hat purveyor as having been met by the
applicant(s). 2007 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
144. HOSE VALVES /STANDPIPES REQUIRED: Buildings shall be equipped with
standpipes designed per NFPA Std. #14, as amended in Chapter 47, and be equipped with
2 -1/2" hose valves, at location designated by the fire department. Hose valves /standpipes
shall be installed as per the 2010 CFC Sec. 905, or where emergency access has been
deemed minimal, shall be equipped standpipes designed per NFPA Std. #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) at stairwells and on podium
within courtyard area. 2010 CFC Sec. 905.
145. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department'and' the San Jose Water Company. Fire
hydrants shall be provided along required fire apparatus access roads and adjacent public
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
pressure. Prior to design, the project civil engineer shall meet with the fire department
water supply officer to jointly spot the required fire hydrant locations. 2010 CFC Sec.
507, Appendix B and C and Tables B106 and C105.1.
146. 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.
147. 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.
148. 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 may be approved on a case by
case basis. 2010 CFC Sec. 501.
149. 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.
150. NEW COMMERCIAL BUILDING: All new commercial buildings shall comply with
standard specification SI -7 for construction site safety.
151. 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 placed in the roadway, as directed by the Fire Department.
FM
152. 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.
N:1DE V \CONDITNS\2013\A1brightA &STC. doc
27
This Page
Intentionally
Left Blank
REQUIRED FINDINGS & CONSIDERATIONS FOR:
July 10, 2013
17265 Wedgewood Avenue
Architecture and Site Application 5 -12 -094
Requesting approval to demolish a pre -1941 single - family residence and to construct a new
residence on property zoned R -1:8. APN 409 -14 -008.
PROPERTY OWNER/APPLICANT: Kamran Shafiei
WIMITILTM
Required finding for CEQA:
The project is Categorically Exempt pursuant to Section 15303 of the State Environmental
Guidelines as adopted by the Town.
Required findings for demolition:
As required by Section 29.10.09030(e) of the Town Code for the demolition of a single family
residence:
1. The Town's housing stock will be maintained as the house will be replaced.
2. The structure has no historic significance.
3. The property owner does not desire to maintain the structure as it exists; and
4. There is no economic utility to the structure; remodeling would be infeasible due to
the condition of the structure.
Required Compliance with Residential Design Guidelines:
The project is in compliance with the Residential Design Guidelines for single - family homes.
CONSIDERATIONS
Required considerations in review of applications:
As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture
and site application were all made in reviewing this project.
NADEV MINGS\2013 \17265 Wedgewood.dm
This Page
Intentionally
Left Blank
CONDITIONS OF APPROVAL FOR:
90 -160 Albright Way and 14600 Winchester Boulevard
Planned Development Application PD -12 -001
Architecture and Site Application S -12 -078
Environmental Impact Report EIR -12 -003
Requesting approval to construct the improvements represented in Planned Development
application PD -12 -001 which allows for redevelopment of the existing site with up to 550,000
square feet of new office/R &D buildings, one parking garage and other site improvements. An
Environmental Impact Report (EIR) has been prepared as required by the California
Environmental Quality Act (CEQA). APN's 424-31 -053, 054, 063, 424 -32 -038, 045, 049, 054,
059,060,06-3.
PROPERTY OWNER: LG Business Park LLC
APPLICANT: John R. Shenk
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved and noted as received by the Town on April 11,201^)-. as modified by the Town
Council on June 3. 2013, subject to Consulting Architect review. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, the Development Review Committee, the Planning Commission, or Town
Council, depending on the scope of the changes.
2. EXPIRATION: The Architecture and Site Application approval will expire two years
from the approval date pursuant to Section 29.20320 of the Town Code, unless the
approval has been vested.
3. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and ]told 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.
4. 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.
5. 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.
6. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit and final subdivision
ATTACMIENT 6
map detailing how the conditions of approval will be addressed.
7. 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 18, 2011, December 18, 3012, and
January 16. 2013. shall be followed.
S. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained fur trees
approved for removal prior to the issuance of any permits.
9. 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 construction plans.
10. 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.
II. 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.
12. 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.
13. 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.
14. PERIMETER TREES: The proposed trees to be planted along the perimeter of the
property shall be planted during the first phase of construction.
1.5. 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.
16. 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 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, 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.
17. 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 recommend 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
3
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 tip 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. Matemity 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.
18. 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 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, 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 Stonmvater 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.
4
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.
19. 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
requirements shall be revised to match the updated recommendations as necessary.
20. MITIGATION MEASURE 4.4 -313, ABANDONMENT OF EXISTING UTILITIES: In
accordance with the recommendations of the project geoteclmical 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 shiny 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.
21. 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
5
23
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 survcy. 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 -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.
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 5:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on
weekends and holidays. Additionally, pursuant to Municipal Code Section
16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Town of Los
Gatos Public Works Department, that construction noise shall not exceed 35 dQA
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., starring too early, bad muffler, etc.) and shall implement
reasonable measures to resolve the complaint, as deemed acceptable by the Public
Works Department.
6
24.
25.
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 constriction equipment shall be placed such that
emitted noise is directed away from sensitive noise receivers.
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/sec PPV, the
cosmetic damage threshold for transient vibration, when measured at the closest
residential structures.
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
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 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
7
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.
26. MITIGATION MEASURE 4.3 -1 B. BAAQMD ARCHITECTURAL COATINGS: Prior
to issuance of any Building Permit, the Chief Building Official shall confine that the
Building Plans and specifications include the following BAAQMD additional
constriction 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 S, Rule 3:
Architectural Coatings).
• VOC content of architectural coatings shall not exceed 150 grams VOC per liter of
coating.
27. MITIGATION MEASURE 4.S -1C, HAUL TRUCK VMT LIMITS: The following
limitations shall be adhered to during soil hauling activities (during mass and fine
grading) for constriction Years 1 and 2 only in order to ensure NOX emissions would be
reduced to less -than- significant levels:
• Phase I (Year 1): Tricks 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. i
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.
2S. 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 CO2elsp /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 carved 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.
M
• 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.
29. MITIGATION MEASURE 4.10 -2, HAZARDOUS BUILDNG 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, shall be implemented in accordance with applicable laws
prior to demolition. Specifically, asbestos abatement shall be conducted in accordance
with Section 19827.5 of the California Health and Safety Code, as implemented by the
BAAQMD, and 8 CCR Section 1529 and Sections 341.6 through 341.14, as implemented
by Cal /OSHA. Lead -based paint abatement shall be conducted in accordance with
Cal /OSHA's Lead in Construction Standard.
Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and
fluorescent light ballasts containing DEHP shall also be removed and legally disposed of
in accordance with applicable laws including 22 CCR Section 66261.24 for PCBs, 22
CCR Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11
for DEHP.
30. 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 swmnarizing 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.
3i. MITIGATION MEASURE 4.10 -3B, CONTINGENCY PLAN: The project applicant
shall require the construction contractor(s) to have a contingency plan for sampling and
analysis of potential hazardous materials and for coordination with the Santa Clara
County Department 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.
6
??. 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 hclshe is satisfied that there is no longer a potential for
fmdin!z 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 him7ter
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 nonnalIv 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).
33. 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 constriction
related earthrmoving 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.
34. 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.
35. 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 fitrther avoid disturbing the fossils until a paleontological
specialist can assess the site. An infannational package shalt 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 constntction, excavation within 50 feet of the find shall be
temporarily halted or diverted until the discovery is evaluated. Upon discovery, the
10
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 anv salvaged
specimens.
36. COMMUNITY BENEFIT: Community Benefit is re uired as offered by the applicant in
Exhibit 9 of Attachment 4 and Attachment 9 of the Town Council Staff Report for their
meeting on Mav -20. 2013. This includes the applicant's offer to provide Sl ner
constructed square foot of new office/R&D buildings
37. KEEP CLEAR: Applicant shall provide "Keep Clear" or other appropriate roadway
markings and sienage at the intersection of Charter Oaks Drive and Lark Avenue.
38. SIGNS: No signs shall be visible from Highcaav 85.
Building Division
3639. 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.
3?110. 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.
3$:41. SIZE OF PLANS: Four sets of construction plans, size 30" x 42" maximum.
39 49. 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.
40A3. 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.
44:44. 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 T# 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 Pen-nit
from the Town.
4?j. 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,
11
adjacent property or the public right -of -way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cali OSHA regulations.
446. 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 die recommendations as
specified in the soils report and that the building pad elevations and on -site retaining v =. ail
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: V
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
.- 47. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue -lined (sticky - backed) onto a sheet of the plans.
4yAS. 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.
?6-19. FIRE ZONE: This project will require Class A Roof Assemblies.
4 -7,50. 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 appro al 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
4&51. NONPOINT 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.
4M2. 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 trea.ment facilities prior to release of the
Building Permit.
38:53. 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.
34-54. 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
12
entrance that they serve. The accessible route shall, to the maximum extent feasible,
coincide with the route for the general public. At least one accessible route shall connect
all accessible buildings, facilities, elements and spaces that are on the same site. If access
is provided for pedestrians from a pedestrian tunnel or elevated walkway, entrances to the
buildings from each tunnel or walkway must be accessible.
5=45?. 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.
556. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Plamting Division: Joel Paulson (408) 354 -6879
b. Engincering/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
54.57. 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 stoma 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.
5a 5S. 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 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.
13
X6:59. GRADING PERMIT PHASING: Phased grading permits may 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 pen-nit prior to release of the building permit, or for utility
relocation. Bonding of early grading improvements may be required.
60. PILE DRIVING: No pile dri6nt_ shall be allowed during any phase ofconstruction.
�ZQ-61. 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 fin 21 0_' unreel maps. Phased subdivision maps shall be
permitted.
{ A4:62. 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.
t ^ 51. 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.
6: -64. 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.
62-765. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. Alt work over 55,000 will require construction
security.
666. DEDICATIONS: The following shall be dedicated on each subdivision map. The
dedications shall be recorded before any permits are issued.
a. Winchester Boulevard. Right of way as needed to accommodate required frontage
and site entry improvements.
b. Public Service Easements (PSE), as required.
c. Ingress- egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Extending from the northerly terminus of Charter
Oaks, through the project site, to Winchester Blvd. sufficient to meet the Fire
Department's requirements. No private vehicle access will be permitted between
Chatter Oaks to the protect site utilizing this Easement.
64,67. 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 certillcaiion shall address both vertical and
horizontal foundation placement.
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.
66.69. 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) Temris 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.
67-M 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.
671. 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.
69:72. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
TWj PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting any work pertaining
to on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
X74. 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.
X76. 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 dccemented 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.
x:76. 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.
15
=;-:7;
STORMWATER \IANAGENIENT PLAN: A stonn water management plan shall be
included with each phased grading permit application for all Group I and Group 2
projects as defined in the amended provisions C.3 of the amended Santa Clara County
NPDES Pen-nit. The plan shall delineate source control measures and BMP's together
with the siziniz calculations. The plan shall be certified by a professional pre - qualified by
the Town. In the event that storm water measures proposed for the AF.S approval differ
si niticantly from those certified on the Bui'tdimwGrading 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 ARS submittal certified to avoid this possibility.
=�77S.
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 stomiwater filtration devices required to be installed on this project by
Town's Stornwater 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.
6,79.
SITE DRAINAGE: All storm drain inlets (public or private) shall be stenciled/signel
with appropriate "NO DUMPING - Flows to Bav' NPDES required language.
,"SO.
NPDES l: 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.
S S1.
NPDES 2: Prior to issuance of a building permit for each new building, landscape plans
shall be submitted to Community Development for review and approval to insure that
beneficial landscaping has been incorporated into the design to minimize irrigation runoff
and use of pesticides and fertilizers.
=4:52.
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
pen-nit.
W.S3.
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.
4-&4.
SANITARY SEWER BACKWATER VALVE: Drainage piping serling fixtures which
have flood level finis less than twelve (12) inches (3304.5 mm) above the elevation of the
nest upstream nnanhole 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
appro vec! type backwater valve. Fishues above such elevation shall not discharge through
the back�,vater valve. unless first approved by the Administrative (See. 6.50.0_5). The
16
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
Nest Vallev Sanitation District's decision on whether a backwater device is needed shall
be provided prior to issuance of a building pen-nit.
S=.S2. 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.
9�7 GREASE TRAPS: Meet all requirements of the Santa Clara County Health Department
and Nest Valley Sanitation District for the interception, separation or pretreatment of
effluent.
84717. UTILITIES: All new utilities shall be placed underground.
SASS. 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 pen-nit for each development phase.
867S9. UTILITY RELOCATION AND PHASING: Utility and circulation relocation and
phasing plans shall be included in the grading permit application package.
5 -7:90. UTILITY COMPANY REVIE`V: '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.
5 &91. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the
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.
59:92. TRENCHING: Trenching within public streets will be allowed subject to the following
requirements:
a. The Town standard "T" trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
c. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium
asphalt. The initial 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
17
mix. All existing striping and pavement markin,s shall be replaced upon completion
of slurry seal operations.
9S . TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proponiona! 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 inade.
The fee shall be paid before the building pen-nit 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 (ITE Code 750) is 5192.960. The final fee shall be calculated from the Final
plans using the rate schcdulc in effec! at the time of the building permit application, using
a trip generation rate based on use.
S. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
9=95. LARK/UNIVERSITY TRAFFIC SIGNAL: Prior to issuance of a building permit or
recordation of any map, the developer shall pay S22S,639.11 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 52- percent of the
total construction and design cost of S397,550.63.
996. PARKING. Any proposed parking restrictions on public streets must be approved by the
LGPD.
94,97. 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 f development. A full traffic signal,
signal interconnection and timing shall be provided prior to issuance of the first
certificate of occupancy.
99S. 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 I 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.
995. 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 identity the configuration of on -site circulation facilities and project entry points
from Winchester Boulevard as needed to support each development phase.
9T100.TRAFFIC IMPROVENIENTS: The following traffic improvements shall be constructed
Dior 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
IS
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 turn pocket to the Courtside Club shall be
extended to 175 -feet (7 car queue) as recommended in the traffic impact analysis.
Handicap ramps, pedestrian crossings, signing, striping and parking shall be provided
in general conformance with the approved PD plan set.
b. Albright Way at Winchester Blvd. Construct a landscaped island ( "pork chop ") to
restrict vehicular movement to right -in right -out only with 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 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.
9S,.101.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.
99:10!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.
400:103. PUBLIC IrMPROVEMENTS: 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 R Materials Security
before the issuance of a building permit or the recordation of a subdivision map for each
development phase. The improvements must be substantially completed prior to issuance
of the first certificate of occupancy, fully complete and accepted by the Town prior to
issuance of the final Certificate of Occupancy for each development phase.
4,01 -104. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or
19
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 slung seal shall be provided across the full lane
width in areas of trenching. lane widening, median modi5cation 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
En- ;neer:ng Constriction Inspector before the start of constriction to verify existing
conditions.
142—J PUBLIC AtiD PRIVATE iMPROVENIENNT 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.
4:106. RETAINING WALLS: A building permit, issued by the Building Department at
110 E. wain Street, may be required for site retaining walls. Waits are not reviewed or
approved by the Engineering Division of Parks and Public Works during the grading
permit plan review process.
4- 9i10i. SOILS REPORT: One copy of the soils report shall be submitted with each
/
grading pen-nit application. The soils report shall include specific criteria and standards
e
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.
4- 8103. 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 tricking 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, 31700 CY export; Phase 2) 4,500
CY cut to till, 10,000 CY export; and Phase 3) 3.000 CY cut to fill, 3,500 CY export.
40&!09. HAULING OF SOIL: Hauling of soil on or off -site shall not occur during 'lie
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 ofi the project site.
This may include, but is not limited to provisions for the developer /owner to place
constriction notification signs noting the elates 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.
/
20
-1-= -110. 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'; soils engineer's
approval shall then be conveyed to the Town either by letter or by signing the plans.
44-S, Ll 1. EROSION CONTROL: Interim and final erosion control plans shall be prepared
and submitted to the Engineering Division of the Parks R Public Works Department. A
Notice of Intent (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 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 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 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 C3 and C.14 of the most current Santa Clara County NPDES MRP Permit.
499.11 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
44-0 113. 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.
441 -114. 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.
44 115. TREE REMOVAL: Copies of all necessary tree removal permits shall be
provided prior to issuance of any grading permit.
44- 3:116. 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
21
phase.
P? 11 r. 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
subiect to blowing dust shall be watered as often as deemed necessary by the to�tin, or a
minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access
roads, parking areas, and staging areas at construction sites in order to insure proper
control of blowing dust for the duration of the project. Watering on public streets shall
not o- cur. Streets wi1'. 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
activity shall take place between the hours of 3 a.m. and 5 p.m. and siinl!
construction
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 worlaveek to the satisfaction of the Town. Demolition or
earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 20
biPH. All trucks hauling soil, sand, or other loose debris shall be covered.
X1113. 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 clays 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 unpaged roads to 15 mph.
( /
d. Install sandbags or oilier erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
?> 119. SILT AND ?`IUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of
contractor and property owner to make sure that all dirt tracked into the public right -of-
way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris
SHALL NOT be washed into the Town's storm drains.
14- ==:120. 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.
4-&121. 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 time project.
4-122. CURB AND GUTTER: The developer shall repair and replace to existing Town
standards any curb and guiter dan.aged 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.
1 =0123. 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.
12:.124. PRIVATE STREETS: All streets within the development shall be private.
12 =.125. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m.,
weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or
repair activities shall be allowed. No individual piece of equipment shall produce a noise
level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located
within a structure on the property, the measurement shall be made at distances as close to
twenty -five (25) feet from the device as possible. The noise level at any point outside of
the property plane shall not exceed eighty -five (85) dBA.
4-2-3-126. 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.
421127. 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.
4?I28. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all
times during the course of construction. Superintendence of construction shall be
diligently performed by a person or persons authorized to do so at all times during
working hours. The storing of goods and/or materials on the sidewalk and/or the street
will not be allowed unless a special permit is issued by the Engineering Division. The
adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end
of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing
of goods and materials on the sidewalk and /or the street will not be allowed unless a
special permit is issued. The developer's representative in charge shall be at the job site
during all working hours. Failure to maintain the public right -of -way according to this
condition may result in the Town performing the required maintenance at the developer's
expense.
4129. TRAFFIC CONTROL PLANT: 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
23
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic floNN.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
c. Prior to constriction, advance notification of all affected residents and emergency
sel%'ices shall be made regarding one -way ot}cration, specifying dates and hours of
operation.
!Q. CONSTRUCTION STREET PARKLtiG: No vehicle having a
manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall
be :'!_owed to Park on the portion of a street which abuts property in a residential zone
without prior approval from the To,.vn Engineer (s 15 40.070).
=� L' i. COVERED TRUCKS: All trucks transporting materials to and from the site shall
be covered.
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.
'. "^.133. 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 complex prior to issuance of the
first certificate of occupancy.
494414. FENCING 2: A 6 -foot masonry fence shall be provided between commercial and
residential zones as required by Town Code.
- 1- 3?135. ALTERNATIVE TRANSIT: The project shall encourage alternative
transportation modes (carpooling and bicycling) by providing reserved parking for
carpools/vanpoois, showers /changing areas for employees; and bicycle parking.
433.136. BICYCLE PARKING: Bicycle parking shalf 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 II spaces as defined by VTA. The spaces
shall be provided by phase in accordance with the vehicle spaces required for that phase.
4-_-�47. 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 encroaclur ent 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
pennits. 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 pennitted.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
49-&-13L8. 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.
46:139. FIRE DEPARTMENT ACCESS MINIMUM CLEAR WIDTH: The minimum
clear width of tire department access roads shall be 20 feet. Aerial fire access roads:
24
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 See. 50' ) See Pages C -1, C -2.1 and
C -2.2.
.110. ACCESS AND LOADING FACILITIES: Buildings or portions of buildings
hereafter constructed shall be accessible to fire department apparatus by way of an
approved fire apparatus access road (including bridges and culverts) with an asphalt,
concrete or other approved driving surface capable of supporting the imposed load of fire
apparatus weighing at least 75,000 pounds or as otherwise determined by the fire code
official. Minimum clear height: Vertical clearance over required vehicular access roads
and driveways shall be 13 feet 6 inches. Grade: Maximum grade shall not exceed 15 %.
Turn Radius (circulating): The minimum outside turning radius is 42 feet for required
access roadways. Greater radius up to 60 feet may be required where the fire department
determines that ladder 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. 50' ) See pages C -1, C-2.1 and C -2.2.
4- 141. 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 antemia 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.
-1-3-3:142, 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.
44-0 -143. 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
25
the site of such project. and to comply with the requirements of that purveyor. Such /
requirements shall be incorporated into the desigm of any water -based fire protection 1- -
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 ufiice until compliance with the requirements of
the water purveyor of record are documented by hat purveyor as having been met by tite
applicant(s). 2007 CFC Sec. 9033.5 and Health and Safety Code 13114.7.
441.1 ±s. HOSE VALVES /STANDPIPES REQUIRED: Buildings shall be equipped v,ith
standpipes designed per NFPA Std, 7'14, as -- nendcd in Chapter 41, 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 3010 CFC Sec. 905, or where emergency access has been
deemed minimal, shall be equipped standpipes designed per NFPA Std. f14, 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) at stairwells and on podium
within courtvard area_ 2010 CFC Sec. 905.
14=,L45. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at
location(s) to be determined jointly by the Fire Department and the San Jose Water
Company. Fire hydrants shall be provided along required fire apparatus access roads and
adjacent public 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 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 i- \
CFC Sec. 507, Appendix B and C and Tables B106 and C 105.1. e
146. FIRE LAi E MARKING REQUIRED: Provide marking for all roadways within
the project. Markings shall be per fire department specifications. Installations shall
conforn to Local Govenmuent Standards and Fire Department Standard Detail and
Specifications A -6. 2010 CFC See. 5033.
444:147. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of
required fire service(s) and lire 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. 20! 0 CFC Sec. 501.
445145. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access
roads, up through first lift of asphalt, shall be installed and accepted by tine Fire
Department prior to the start of combustible construction. During construction,
emergency access roads shall be maintained clear and unimpeded. Mote that 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.
4149. 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 prupertv. Numbers shall contrast NN their
background. CFC Sec. 505.
44--k-1510. NEW COMMERCIAL BUILDING: All new commercial buildings shall comply
with standard specification ST-71 for construction site safety.
26
14-8--lil 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 placed in the roadway, as directed by the Fire Department.
4-�151- TRAFFIC SIGNAL PREMPTIOV: 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.
N>,DEV \CONDITNS'?� 2013 AlbriehtMSTC.doc
27
This Page
Intentionally
Left Blank
From: John Shepardson [mailto:shepardsonlaw(abme com]
Sent: Friday, June 07, 2013 12:12 PM
To: Council
Subject: Albright Questions (Cost to improve 5 intersections only 900K ?)
Dear Mayor Spector and Council Members:
Greetings on this beautiful day in Los Gatos ... we have much to be grateful for
living where we do.
Questions I had that would be helpful in understanding the dynamics of the Albright
project:
1. My understanding is something like $900K was set aside by the developer for traffic
intersection or roadway work. How much was the exact amount? How much work needs to be
done? Do we have a breakdown of the cost to improve each intersection? I'm concerned that the
Town will end up paying much more for the work required by the 485K build out by the
developer. Did the developer provide any estimates? Does the Town plan to do any more
budgeting? What if the cost to do the do work is say 2M, and only 900K has been
received? Can we ask the developer to pick up the additional 1.1M?
2. Underground parking. Under the approved plan, I gather the developer is not required to
do it, right? Is additional EIR work required by the parking structure or underground parking?
3. Has the Town considered whether the development size creates a private or public
nuisance?
4. What is the status on the roads at Albright? Did we give them away, or do we still own
them? What are they worth?
5. There has been debate as to whether or not the project's land use approval was about
Netflix. Council Member Jensen indicated it was not, and Member Pirzynski emphatically
responded that it was about Netflix. If we adopt his view, then it is quite important to know if
Netflix would be willing to accept 2 -Story or 3 -Story buildings. Has anyone inquired as to
whether it would accept less than 4- stories? If so, what is the answer? Perhaps normally this
would be irrelevant to the discussion of land use. However, since Netflix's desire to expand is
publicly on the table (and Member Pirzynski affirmed its relevance), I think these are important
questions worthy of raising, and getting answers to ASAP. Of course, if Netflix refuses to
provide the those answers, that is their call.
6. The 4 -1 decision agreed to four 3 -story buidlings, and two 3 -story buildings. As I
understand it, one of the buildings is close to the freeway, and next to Netflix existing buildings.
It seems to me that if they can work and "collaborate" in a 3 -story building near the freeway, that
they can possibly do the same in the other buildings. If so, we could reduce the impacts by
another approximately 70K, while giving Netflix what they will accept. Win - Win.:)
ATTACHMENT 7
7. In a sense, this development has become all about Netflix, and nothing about the
developer. We assume Netflix's presence will make everything right. Mr. Pau's experience in
Sunnyvale, and his failure to build out at the old Lincoln Mercury site was not raised by anyone
as cause for concern. What is the status of Sand Hill's project at Gateway on LG Blvd. I gather
the schools could use the money from the development. When is the commercial to be built at
Swanson, since there is money for the schools from that as well. The residential appears to have
started first, and linking commercial and residential development together may have been been
better for the Town's coffers. Developer profit and Town goals appear to vary on this issue.
8. "In the fourth quarter of 2012, the Company entered into a facilities lease agreement to
expand its Los Gatos headquarters to a nearby site. The ten year lease term will commence after
the construction of the buildings is complete. Future minimum lease payments associated with
this lease are $63.4 million as of December 31, 2012 and are included below." (emphasis added)
From Netflix's 2012 Annual Report. My question is: Is the lease on the first building only
obligate Netflix if all the buildings are simultaneously built out, as the Annual Report seems to
indicate? Isn't this important information particularly if we assume the project is all about
Netflix? Can we get a copy of the leases and options?
9. I remain concerned about Netflix's commitment to the interests of Los Gatos, and the
environment. Since the EIR clearly stated the environmentally superior option was 350K square
feet of office space, why didn't it publicly support this option? No doubt its talented staff new of
this fact, and yet never mentioned in the press or at the TC council meetings. In fact, to the
contrary they supported a much less desirable build out of 550K. It appears than gave priority
to its profits than the environment. Is this what we want? The claim that the project was not
"feasible" was not credible and disrespectful to the Town. Of course if we tolerate and reward
misleading information, then we encourage it, and have only ourselves to blame.
10. Why weren't private views considered in the EIR? Isn't there clear case law that it is
required?
Thank you for your attention to this matter
John:)
JOHN A. SHEPARDSON, ESQ.
59 N. Santa Cruz Avenue, Suite Q
Los Gatos, CA 95030
T: (408) 395 -3701
F: (408) 395 -0112
From: John Shepardson [mailto:sheoardsonlaw(a)me com]
Sent: Tuesday, June 11, 2013 10:56 AM
To: BSpector; Council; Greg Larson
Subject: Albright
Mayor Spector:
One, EASEMENTS. What is the status on the Town's easements on the property
site? What is the fair
market value of them? Does the approval merely transfer them, or is there another
action that the Town must take?
Two, CLARITY ON ROI. Can we obtain a copy of the actual Netflix lease with the
developer so
we can better calculate the ROI? Since the project is about Netflix according to Council Member
Pirzynski, it seems to make sense to get it. The developers represented 350K was not feasible
ecause of a 6.3% ROI. If the ROI was actually higher, and actually above 7 %, then it appears
the staff was misled in making its recommendation that 350K was not feasible, and the
developers were
incorrect when they so asserted. With a proper staff recommendation, naturally
there would a stronger position before the Council and in the public for the environmentally
superior alternative of 350K. I would hope none of us would want the environmentally
best use of the land to be denied because of a ROI error by the developers.
Three, DEFECTIVE NOTICE. Were the developers required to post on the property site
the continued hearing date?
What is the effect of not posting it?
Four, UNDERGROUND PARKING. Are we sure the existing EIR covers underground
parking?
Five, NEW REGULATIONS. Do the additional traffic impacts meet the new
Greenhouse regulations?
Six, MONEY TO SCHOOLS. How much additional monies to schools will take place
going forward?
The property was purchased for 55M. The buildout totals to something like 325M. As those
improvements
are made, how much additional property tax will be generated? Is the taxed capped at an annual
basis of something
like 2 %?
Seven, CHANGE LOS STANDARD. Is it possible to change the acceptable traffic level
of service standards
for the Town?
Eight, LEGAL OPINION. Can the Town provide me with a legal opinion on the validity
of PDs not requiring an amendment to the
General Plan?
Thank you for your attention to this matter.
John:)
JOHN A. SHEPARDSON, ESQ.
59 N. Santa Cruz Avenue, Suite Q
Los Gatos, CA 95030
T: (408) 395 -3701
F: (408) 395 -0112
From: John Shepardson [mailto:shepardsonlawCo)me.corn
Sent: Wednesday, June 12, 2013 7:07 PM
To: Council; BSpector; Steve Leonardis; Diane McNutt; Joe Pirzynski; Marcia Jensen
Subject: ALBRIGHT 2ND READING (Reconsideration)
Reconsideration, brought by me, and not as a representative
of any group.
JS:)
JOHN A. SHEPARDSON, ESQ.
59 N. Santa Cruz Avenue, Suite Q
Los Gatos, CA 95030
T: (408) 395 -3701
F: (408) 395 -0112
xv.y
a
t ¢'
r
i
RA
L•?)
U.
uj
0
0 0 0
!�.
M
MINN
. �
I
#.#
�
�
�1
: }
�1
A/
1�
�<
�i
. �
w
OW
#?
A
:
�}
�\
«%
�}
I ` �,
�,
$2
. �.
#<
\#
^■
4,
�
^#
9i I~
�^
� 1
:�.
III
,�.
W
.�:
2�
� Will
m
ro"
9
WE
1[jr
- 11
PAO;
Li
" 140.
At
W45-21
i r!liwi
1000
2 0
e ^�
I,-
F
tares
[.,
i
t
t
t
i
�a%s3ag�ti
{
\3R}
it
�4�tR
c*_i=
P
s��
e'
h
m
g
#..'
'- x'�A�rii
2
aCZ"
SC -: r..�:N:
.. L.r.—
�i 4 ,pwit{
�� i
I!z
3
f
}
z f
YY
1�
L*
�al
i
°a44R'
4
4
Wr
wag �4
®
-elf,
LIPS%
IW
h't ��.
-- �yr;_t;..a
✓s:Srr,
i
-h
i
x'
,k
1va'r
m
Mi
o�
US
rf es