Los Gatos City Council
June 3, 2025

IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.

HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:

Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please click this URL to join: https://losgatoscagov.zoom.us/j/86832460276?pwd=Ia9NDUZl5oYre5JW8qtTPoHEgUaEdM.1 Passcode: 592097. You can also type in 868 3246 0276 in the “Join a Meeting” page on the Zoom website at zoom.us and use passcode 592097.

When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.

Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180)
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.

In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.

NOTES: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. If you are unable to participate in real-time, you may email [email protected] with the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment).

Deadlines to submit written comments are:
11:00 a.m. the business day before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item.

SPECIAL MEETING OF THE TOWN COUNCIL AGENDA
JUNE 3, 2025
TOWN COUNCIL CHAMBERS, 110 EAST MAIN STREET,
LOS GATOS, CA 95030
5:15 PM
Matthew Hudes, Mayor
Rob Moore, Vice Mayor
Mary Badame, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member

CALL MEETING TO ORDER

ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).

VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council only on matters listed on the agenda. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)

1. Consider a Recommendation by the Planning Commission to Approve Architecture and Site, Conditional Use Permit, and Subdivision Applications to Demolish Existing Commercial Structures, Construct a Multi-Family Live/Work Development (55 Units), a Conditional Use Permit for a Live/Work Development, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:HEOZ. APNs 424-19-048 and 424-19-049. Located at 15349-15367 Los Gatos Boulevard. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable. Architecture and Site Application S-24-015, Conditional Use Permit Application U-24-006, Vesting Tentative Map Application M-24-008. Property Owner: Jonathan Peck.

Applicant: City Ventures. Project Planner: Sean Mullin.

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.

Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104].

NOTE The ADA access ramp to the Town Council Chambers is under construction and will be inaccessible through June 2025. Persons who require the use of that ramp to attend meetings are requested to contact the Clerk’s Office at least two (2) business days prior to the meeting date.

NOTICE REGARDING SUPPLEMENTAL MATERIALS - Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on the Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
SPECIAL MEETING DATE: 06/03/2025
ITEM NO: 1
DATE: May 30, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider a Recommendation by the Planning Commission to Approve Architecture and Site, Conditional Use Permit, and Subdivision Applications to Demolish Existing Commercial Structures, Construct a Multi-Family Live/Work Development (55 Units), a Conditional Use Permit for a Live/Work Development, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:HEOZ. APNs 424-19-048 and 424-19-049. Located at 15349-15367 Los Gatos Boulevard. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable. Architecture and Site Application S-24-015, Conditional Use Permit Application U-24-006, Vesting Tentative Map Application M-24-008. Property Owner: Jonathan Peck. Applicant: City Ventures. Project Planner: Sean Mullin.

RECOMMENDATION:

Staff recommends that the Town Council accept the Planning Commission’s recommendation to adopt the draft Resolution (Attachment 2) to approve Architecture and Site, Conditional Use Permit, and Subdivision applications to demolish existing commercial structures, construct a multi-family live/work development (55 multi-family residential units), approve a Conditional Use Permit for a live/work development, condominium vesting tentative map, site improvements requiring a Grading Permit, and removal of large protected trees under Senate Bill 330 (SB 330) on property zoned CH:HEOZ, located at 15349-15367 Los Gatos Boulevard.

ITEM NO. 1.

PAGE 2 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
FISCAL IMPACT:

Approving the Architecture and Site, Conditional Use Permit, and Subdivision applications does not impact the Town’s budget.

STRATEGIC PRIORITIES:

The proposed project aligns with the adopted Core Goal of Community Character and the Strategic Priority to preserve the Town’s small-town charm and provide a range of housing opportunities and historic neighborhoods, while diligently maintaining and implementing the Housing Element.

BACKGROUND:

Senate Bill 330
The Housing Crisis Act of 2019, or SB 330, became effective on January 1, 2020, and will remain in effect until it sunsets on January 1, 2030. SB 330 provides an expedited review process for housing development projects and offers greater certainty by allowing an optional vesting opportunity through the Preliminary Application process. Submittal of a Preliminary Application allows a developer to provide a specific subset of information on the proposed housing development ahead of providing the full amount of information required by the Town for a housing development application. Once the Preliminary Application is “deemed submitted” and payment of the permit processing fee is made, a vesting date is established, freezing the applicable fees and development standards that apply to the project while the applicant assembles the rest of the materials necessary for a full application submittal. Eligible projects are exempt from discretionary review and must be consistent with objective zoning and design standards. The statute requires that a final decision be made in no more than five public hearings, including appeals. The SB 330 preliminary application for this project achieved a vesting date of April 30, 2024. The Town Council meeting of June 3, 2025, is the second public hearing for this application.

State Density Bonus Law
State Density Bonus Law (SDBL) created a mechanism to obtain more favorable development requirements for projects with affordable or senior units. To meet the affordable housing goals, developers are entitled to a density bonus that corresponds to specified percentages of units set aside for very-low, low, or moderate-income households. In addition to the density bonus, SDBL provides three additional benefits for qualifying projects:

1. One or more concessions/incentives that provide cost reductions for the development.

Under the law, a concession includes a reduction in site development standards and/or regulations when such regulations potentially make the project economically infeasible for

ITEM NO. 1.

PAGE 3 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
the developer to build. These can include a reduction in site development standards or modification of zoning or architectural design requirements that exceed minimum building standards. The number of allowed concessions/incentives is determined on a sliding scale based on the percentage of units that will be set aside as affordable units and the household income category of those affordable units.

Concessions/incentives may only be denied if the Town has substantial evidence that the concession/incentive would be contrary to state or federal law; does not result in identifiable and actual cost reductions; or would have a “specific, adverse impact” on public health and safety; or on property listed in the California Register, based on objective standards, which cannot be mitigated. “Objective” standards must be verifiable by reference to an external and uniform benchmark.

2. Waivers are reductions or modifications of any development standards and other regulations that would physically preclude the development of a project at the density permitted and with the allowed incentives or concessions. Development standards include, but are not limited to, height limitations, setback requirements, FAR, open space requirements, or parking requirements that apply to a residential development pursuant to any ordinance, general plan element, policy, resolution, or regulation. There is no limit in the number of waivers an applicant can request through SDBL.

A recent case (Banker’s Hill 150 v. City of San Diego) held that a city must offer a waiver or reduction of development standards that would have the effect of physically precluding the construction of a development at the density, or with the requested incentives or concessions permitted by the state density bonus law.

Grounds for the denial of a requested incentive or concession are that the requested incentive or concession would have a specific, adverse impact on health or safety which cannot be mitigated; would be contrary to state or federal law; or would have an adverse impact on property listed in the California Register.

3. Reductions in parking requirements provided based on the number of bedrooms in each unit and the type of project.

The proposed project qualifies for a density bonus and the associated benefits under the SDBL, unless the required findings can be made to deny the concessions and waivers.

Housing Accountability Act – Builder’s Remedy
The California Legislature adopted the Housing Accountability Act (HAA) to "significantly increase the approval and construction of new housing for all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects" [Gov. Code §

ITEM NO. 1.

PAGE 4 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
65589.5(a)(2)(K)]. It is the policy of the state that the HAA "be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing." [Gov. Code § 65589.5(a)(2)(L)]. The "Builder's Remedy" provision of the HAA specifically prohibits a local agency from relying on inconsistency with zoning and general plan standards as a basis for denial of a qualifying housing development project unless the agency has adopted a sixth cycle housing element in substantial compliance with State law by January 31, 2023.

The state Housing and Community Development Department (HCD) has opined, and state law has been revised, to provide that agencies do not have the ability to “self-certify” their Housing Elements. In other words, HCD certification is required.

The Town’s sixth cycle Housing Element was certified by HCD on July 10, 2024. The preliminary application for this project achieved a vesting date of April 30, 2023, prior to state certification of the Town’s Housing Element. Therefore, the project is eligible for the Builder's Remedy; however, the applicant has chosen not to invoke Builder’s Remedy. Therefore, this is not a Builder’s Remedy project and all deviations from the Town’s standards included in the project are requested exclusively through SDBL.

Project Site
The subject property consists of two lots totaling 1.56 acres located on the west side of Los Gatos Boulevard, approximately 160 feet south of the intersection with Garden Lane (Attachment 3, Exhibit 4). The property is a through lot, having frontage on both Los Gatos Boulevard and Garden Lane and the existing commercial developments are accessed from Los Gatos Boulevard. The property is almost completely developed having a variety of trees along the Garden Lane property line and several street trees along Los Gatos Boulevard. The property is relatively flat, with only five feet of elevation change from north to south. The southern lot is developed with the Genuine Automotive service center and the northern lot is developed with a multi-suite commercial building. The property has a General Plan designation of Mixed Use Commercial and is zoned CH:HEOZ, or Restricted Commercial Highway with a Housing Element Overlay Zone (HEOZ). The HEOZ overlay is applied to sites included in the Sites Inventory of the Housing Element and modifies development standards such as density, lot coverage, FAR, and height. The HEOZ became effective on December 21, 2023. The preliminary application under SB 330 was deemed submitted on April 30, 2024, establishing the vesting date for the application. Therefore, the application is subject to the provisions of the HEOZ, including minimum density.

On May 16, 2024, the applicant submitted a formal application, within 180-days of the established vesting date as required by state law.

On February 6, 2025, the applicant submitted application materials that were deemed complete through the Town’s technical review process within the timelines prescribed by state

ITEM NO. 1.

PAGE 5 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
law. On March 5, 2025, the application was deemed consistent with applicable Town standards and ready for consideration through the Town’s public hearing process.

The application includes a Vesting Tentative Map, requiring approval by the Town Council pursuant to Town Code Section 29.10.020. The Town Council will render the final decision on the project.

DISCUSSION:

A. Project Summary:

The applicant proposes demolition of all commercial structures and construction of a multifamily live/work development consisting of 55 units distributed among five separate buildings (Attachment 3, Exhibit 16). The applicant submitted a Project Description Letter (Attachment 3, Exhibit 5) and a Letter of Justification (Attachment 3, Exhibit 6) discussing the project. New private alleys would provide circulation through the site, taking access from two locations on the east side of Garden Lane. A third driveway along Garden Lane would provide access to a guest parking area, connecting to the interior of the development through pedestrian pathways. Only pedestrian access from Los Gatos Boulevard will be provided. The proposed project also includes a right-of-way dedication of three feet along the Garden Lane frontage and frontage improvements along Los Gatos Boulevard and Garden Lane. Of the 55 proposed units, 8 units would be designated as Below Market Price units.

Full discussion and analysis of the project is provided in the April 23, 2025, Planning Commission Staff Report included as Attachment 3.

B. Planning Commission:

On April 23, 2025, the Planning Commission received the staff report, the applicant’s presentation, and public comments on the proposed project (Attachments 3 through 6).

The Planning Commission voted unanimously to forward a recommendation to the Council to approve the project with the recommendation that the applicant work with staff to consider compliance with the recommendations of the Town’s Consulting Architect and an adjunct recommendation that the Town Council direct staff to develop a method to study the cumulative impacts of all SB 330 projects, including this project.

Consulting Architect’s Recommendations
The Town’s Consulting Architect reviewed the proposed project and provided feedback and recommendations (Attachment 3, Exhibit 7). The Consulting Architect noted the challenge posed by the constraints of the site and the need to meet the minimum density applicable to the property with sympathy to the Town’s small scale and character. The Consulting

ITEM NO. 1.

PAGE 6 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
Architect discussed issues and concerns related to guest parking, internal pedestrian circulation, site edge landscaping, façade massing, setbacks along Los Gatos Boulevard, roof slopes, and façade articulation and materials. The Consulting Architect made recommendations on the following topics:

1. Guest parking and internal pedestrian circulation;

2. Los Gatos Boulevard frontage;

3. Garden Lane frontage;

4. Façade roof slopes; and

5. Façade articulation and materials.

The applicant submitted a letter responding to these recommendations and summarizing design changes that were implemented in response prior to the Planning Commission’s review (Attachment 3, Exhibit 8).

Following the Planning Commission’s recommendation that the applicant further comply with the Town’s Consulting Architect’s recommendations, the applicant submitted a letter summarizing the changes previously made and detailing additional revisions proposed for Building A as a response to the Planning Commission’s recommendation (Attachment 7).

The additional revisions include:
 A massing break of 18” between the two facades can be provided which also creates a break in the roof line;
 A secondary option for the deck to allow for a roof in addition to the original trellis can be provided;
 There are small, but intentional changes at the dormer window at the massing break;  Material changes can be provided so that materials are different between adjacent units; and
 Color variation can be used to add additional individuality for each unit.

Included with Attachment 7 is a sketch showing the proposed revisions to Building A. Staff recommends that the Town Council consider the proposed architectural revisions and, if merit is found with the changes, include the following condition of approval in a motion for approval:

The design revisions included in Attachment 7 to the June 3, 2025, Town Council staff report, shall be implemented prior to issuance of a Building Permit for Building A, located adjacent to Los Gatos Boulevard.

Cumulative Impacts Analysis
On April 23, 2025, the Planning Commission included an adjunct recommendation that the Town Council direct staff to develop a method to study the cumulative impacts of all SB 330

ITEM NO. 1.

PAGE 7 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
projects, including this project. Staff considered recommending that the Town prepare one Supplemental EIR to the Program EIR for the 2040 General Plan that could be relied upon by projects that are tiering from the 2040 General Plan EIR. However, staff is recommending that each development project continue to examine its own cumulative impacts. This will be done in either the initial study, a negative declaration, a mitigated negative declaration, an Environmental Impact Report (EIR), or a Supplemental EIR. 2040 General Plan EIR
The California Environmental Quality Act (CEQA) defines cumulative impacts as two or more individual actions that, when considered together, are considerable or will compound other environmental impacts. Cumulative impacts are the changes in the environment that result from the incremental impact of development of the proposed project and other nearby projects. For example, the traffic impacts of two nearby projects may be insignificant when analyzed separately but could have a significant impact when analyzed together.

Cumulative impact analysis allows an EIR to provide a reasonable forecast of future environmental conditions and can more accurately gauge the effects of a series of projects.

The 2040 General Plan EIR considers cumulative impacts insofar as it considers cumulative development that could occur within the General Plan Area. Therefore, the analysis of project impacts also constitutes the cumulative analysis. In addition to cumulative development within the General Plan Area, the analysis of traffic and related impacts (such as noise) considers the effects of regional traffic growth occurring outside of the General Plan Area. Cumulative impacts are discussed within each topic of Section 4 of the 2040 General Plan EIR, which is available on the Town’s website:
https://www.losgatosca.gov/2138/General-Plan.

The 2040 General Plan includes analysis and discussion within each topic of the cumulative impacts anticipated from the implementation and build out of the development contemplated by the General Plan. In summary, the cumulative analysis for each topic in the 2040 General Plan EIR concludes that implementation and build out of the General Plan would result in no cumulatively considerable impacts; cumulative impacts that would be less than significant; or cumulative impacts that would be less than significant with implementation of applicable goals, policies, programs, and standards. The analysis for one topic in the EIR, Greenhouse Gas Emissions which are inherently cumulative within the region, concluded that there would be significant and unavoidable cumulative impacts and a Statement of Overriding Considerations was adopted with the General Plan EIR.

Modified Initial Study Checklist
The Modified Initial Study Checklist prepared for this project was completed in March 2025 (Attachment 1). The Modified Initial Study Checklist includes a number of project-level technical studies, including: an Air Quality and Greenhouse Gas Assessment; Biological Site

ITEM NO. 1.

PAGE 8 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
Assessment Report; Arborist Report; Historic Resources Evaluation; Geotechnical Investigation; Phase I and Phase II Environmental Site Assessment; Noise Assessment; and Transportation Analysis. All technical reports were peer reviewed by the Town or the Town’s consultants. The Modified Initial Study Checklist determined that the project’s environmental impacts have been considered in the 2040 General Plan EIR that was certified by the Town. In addition, the analysis determined that the proposed project is within the scope of activities evaluated in the 2040 General Plan EIR and the Environmental Analysis for the 6th Cycle Housing Element. As such, this Modified Initial Study Checklist is the appropriate environmental document for the proposed project, pursuant to CEQA Guidelines Section 15168 and no additional environmental review is necessary.

Section XXI of the Initial Study includes a discussion of cumulative impacts resulting from this project and other large projects approved at the time the document was drafted. The Modified Initial Study Checklist notes that the proposed project, in conjunction with other development within the Town, could incrementally contribute to cumulative impacts in the area. However, the proposed project was included in the future development assumptions evaluated in the 2040 General Plan EIR. The 2040 General Plan EIR evaluated the potential growth for up to 3,738 residential units, and the 6th Cycle Housing Element Update included 2,371 units. The proposed project includes 55 residential units and would be consistent with the project site’s 2040 General Plan land use designation of Mixed-Use Commercial and its CH:HEOZ zoning designation. Therefore, the proposed project’s 55 new residential units were included within the scope of the 2040 General Plan EIR and 6th Cycle Housing Element Update.

As demonstrated in the Modified Initial Study Checklist, the proposed project would be subject to all applicable 2040 General Plan EIR mitigation measures, General Plan policies, Municipal Code standards, and other applicable local and State regulations. The proposed project does not include cumulative impacts that were not analyzed or discussed in the previous EIR. As such, the Initial Study does not include any substantial new information that shows impacts are more severe than previously discussed, and further analysis is not required. Therefore, the proposed project would be consistent with the conclusions of the 2040 General Plan EIR, and is within the scope of activities evaluated in the 2040 General Plan EIR.

ENVIRONMENTAL REVIEW:

The Town Council adopted the 2040 General Plan and certified the 2040 General Plan EIR on June 30, 2022. On April 2, 2024, the Town Council voted to rescind the Land Use Element and Community Design Element of the 2040 General Plan. Therefore, the Town’s current General Plan consists of the Land Use Element and Community Design Element of the 2020 General Plan, and the remaining elements of the 2040 General Plan.

ITEM NO. 1.

PAGE 9 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
CEQA Guidelines Section 15168 provides that a programmatic EIR, in this case, the 2040 General Plan EIR, may serve as the EIR for subsequent activities or implementing actions, provided that it contemplates and adequately analyzes the potential environmental impacts of those subsequent activities. If the Town, as the CEQA Lead Agency, determines, pursuant to Section 15162 of the CEQA Guidelines, no Subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the programmatic EIR, and new environmental documentation would not be required. In addition, as discussed under CEQA Guidelines Section 15168(c)(2), where later activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the programmatic EIR. If additional analysis is required, it can be streamlined by tiering from this programmatic EIR.

In accordance with Sections 15168(c)(2) and 15168(c)(4) of the CEQA Guidelines, a Modified Initial Study Checklist (Attachment 1) was prepared to provide project-level consideration of potential new or more severe significant impacts associated with the proposed project to determine whether the project: 1) is within the scope of activities evaluated in the 2040 General Plan EIR; and 2) would trigger any of the criteria in CEQA Guidelines Section 15162.

The Modified Initial Study Checklist includes a number of project-level technical studies, including: an Air Quality and Greenhouse Gas Assessment; Biological Site Assessment Report; Arborist Report; Historic Resources Evaluation; Geotechnical Investigation; Phase I and Phase II Environmental Site Assessment; Noise Assessment; and Transportation Analysis (Attachment 1). All technical reports were peer reviewed by the Town or the Town’s consultants. The Modified Initial Study Checklist determined that the project’s environmental impacts have been considered in the 2040 General Plan EIR that was certified by the Town, which remains relevant, and the conditions set forth in Section 15162 are not triggered by the proposed project. In addition, the analysis determined that the proposed project is within the scope of activities evaluated in the 2040 General Plan EIR and the Environmental Analysis for the 6th Cycle Housing Element. As such, this Modified Initial Study Checklist is the appropriate environmental document for the proposed project, pursuant to CEQA Guidelines Section 15168 and no additional environmental review is necessary.

As discussed above, this project is tiering off of the EIR that was prepared for the 2040 General Plan. Because the project is consistent with the height, density, and vehicle trips that were analyzed in the 2040 General Plan, its cumulative impacts were already examined in the 2040 General Plan EIR. That discussion can be found in Section XXI of the Initial Study included as Attachment 1. In addition, the Initial Study that was prepared for this project did not identify any cumulative impacts beyond those discussed in the EIR for the 2040 General Plan.

ITEM NO. 1.

PAGE 10 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
PUBLIC COMMENTS:

Project identification signage was installed on the Los Gatos Boulevard and Garden Lane street frontages by October 4, 2024, consistent with Town policy. Visual simulations were completed by the Town’s consultant and posted to the Town’s website by March 20, 2025 (Attachment 3, Exhibit 12). Written notice was sent to property owners and tenants within 1,000 feet of the subject property and notice of public hearing signage was installed on the street frontages by May 12, 2025, in anticipation of the Town Council meeting.

Staff conducted outreach through the following media and social media resources, for both the availability of the visual simulations and notice of the public hearing:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account; and
 The Town’s NextDoor page.

Public comments received by 11:00 a.m., Friday, May 30, 2025, are included as Attachment 8.

CONCLUSION:

A. Summary
The applicant is requesting approval of Architecture and Site, Conditional Use Permit, and Subdivision applications to demolish existing commercial structures, construct a multifamily live/work development (55 multi-family residential units), approve a Conditional Use Permit for a live/work development, condominium vesting tentative map, site improvements requiring a Grading Permit, and removal of large protected trees under Senate Bill 330 (SB 330) on property zoned CH:HEOZ, located at 15349-15367 Los Gatos Boulevard.

As detailed above, the application was submitted and is being processed under SB 330, and the applicant has requested a number of waivers to Town standards pursuant to SDBL. On April 23, 2025, the Planning Commission forwarded a recommendation of approval to the Town Council with the recommendation that the applicant work with staff to consider compliance with the recommendations of the Town’s Consulting Architect and an adjunct recommendation that the Town Council direct staff to develop a method to study the cumulative impacts of all SB 330 projects, including this project.

ITEM NO. 1.

PAGE 11 OF 11
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: May 30, 2025
B. Recommendation
Staff recommends the Town Council adopt the draft Resolution (Attachment 2) to make the required findings and approve the Architecture and Site, Conditional Use Permit, and Subdivision applications subject to the Conditions of Approval (Attachment 2, Exhibit A).

C. Alternatives
Alternatively, the Council can:

1. Approve the applications with additional and/or modified conditions; or

2. Continue the matter with specific direction; or

3. Deny the applications and make the required findings for denial.

ATTACHMENTS:

1. Final Initial Study – March 2025
(available online at https://www.losgatosca.gov/DocumentCenter/Index/2223)

2. Draft Resolution making the required findings and approving the applications subject to the Conditions of Approval (included as Exhibit A)

3. April 23, 2025, Planning Commission Staff Report, with Exhibits 2 through 16

4. April 23, 2025, Planning Commission Addendum, with Exhibit 17

5. April 23, 2025, Planning Commission Desk Item, with Exhibit 18

6. April 23, 2025, Planning Commission Verbatim Minutes

7. Applicant’s Response to Planning Commission Recommendations

8. Public comments received by 11:00 a.m., Friday, May 30, 2025

ITEM NO. 1.

ATTACHMENT 1
Final Initial Study – March 2025
(available online at https://www.losgatosca.gov/DocumentCenter/Index/2223)

ITEM NO. 1.
1 of 8
Draft Resolution Adoption Date

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING ARCHITECTURE AND SITE APPLICATION S-24-015,
CONDITIONAL USE PERMIT U-24-006, AND
VESTING TENTATIVE MAP APPLICATION M-24-006

FOR A REQUEST TO DEMOLISH EXISTING COMMERCIAL STRUCTURES, CONSTRUCT A MULTI-FAMILY LIVE/WORK DEVELOPMENT (55 UNITS),

A CONDITIONAL USE PERMIT FOR A LIVE/WORK DEVELOPMENT,

A CONDOMINIMUM VESTING TENTATIVE MAP, SITE IMPROVEMENTS REQUIRING A

GRADING PERMIT, AND REMOVAL OF LARGE PROTECTED TREES UNDER SENATE BILL 330 (SB 330) ON PROPERTY ZONED CH:HEOZ.

PROPERTY LOCATION: 15349-15367 LOS GATOS BOULEVARD
APNS: 424-19-048 AND 424-19-049
ARCHITECTURE AND SITE APPLICATION: S-24-015
CONDITIONAL USE PERMIT APPLICATION: U-24-006
SUBDIVISION APPLICATION: M-24-008
PROPERTY OWNER: JOHNATHAN PECK
APPLICANT: CITY VENTURES
WHEREAS, the applicant, City Ventures, proposes to demolish existing commercial structures, construct a multi-family live/work development (55 multi-family residential units), Conditional Use Permit for a live/work development, condominium vesting tentative map, site improvements requiring a Grading Permit, and remove large protected trees under Senate Bill 330 (SB 330);
WHEREAS, the project includes an Architecture and Site Application (S-24-015), Conditional Use Permit Application (U-24-006), and Vesting Tentative Map Application (M-24- 006);
WHEREAS, on April 23, 2025, the Planning Commission held a public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Planning Commission considered all testimony and materials submitted, including the packet of materials contained in the Planning Commission Agenda Report for their meeting on April 23, 2025, along with any and all subsequent reports and materials prepared concerning this application, and forwarded a recommendation of approval to the Town Council with the recommendation that the applicant work with staff to consider compliance with the recommendations of the Town’s Consulting Architect and an adjunct recommendation that the Town Council direct staff to develop a method to study the cumulative impacts of all SB 330 projects, including this project; WHEREAS, this matter came before the Town Council for public hearing on June 3, 2025, and was regularly noticed in conformance with state and Town law; Draft Resolution to be
modified by Town
Council deliberations
and direction.

ATTACHMENT 2

ITEM NO. 1.
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WHEREAS, on June 3, 2025, the Town Council held a public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on June 3, 2025, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, the Town Council was able to make the findings required to approve the Architecture and Site, Conditional Use Permit, and Subdivision applications.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos does the following:

1. The following findings are made by the Town Council of the Town of Los Gatos. The facts and evidence that support these findings are contained and explained in the record of proceedings for the proposed project, including without limitation the Initial Study and the staff reports for the Planning Commission and Town Council hearings.
(A) Finding required for the California Environmental Quality Act (CEQA):
(1) Additional environmental review of the proposed project is not required pursuant to CEQA Guidelines Sections 15183: Subsequent EIRs and 15168:

Program EIR, since the proposed project’s environmental impacts were adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as applicable. The proposed project is consistent with the development density established by the Housing Element Overlay Zone (HEOZ), which was included in the 2040 General Plan Environmental Impact Report (EIR) that was certified by the Town. CEQA Guidelines Section 15168 provides that a programmatic EIR, in this case the 2040 General Plan EIR, may serve as the EIR for subsequent activities or implementing actions, provided that it contemplates and adequately analyzes the potential environmental impacts of those subsequent activities.

In accordance with Sections 15168(c)(2) and 15168(c)(4) of the CEQA Guidelines, a Modified Initial Study Checklist was prepared to provide project-level consideration of potential new or more severe significant impacts associated with the proposed project to determine whether the project: 1) is within the scope of activities evaluated in the 2040 General Plan EIR; and 2) would not trigger any of the criteria in CEQA Guidelines Section 15162. The Modified Initial Study Checklist determined that the project’s environmental impacts have been considered in the 2040 General Plan EIR that was certified by the Town, which remains relevant, and the conditions

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set forth in Section 15162 are not triggered by the proposed project. In addition, the analysis determined that the proposed project is within the scope of activities evaluated in the 2040 General Plan EIR and the Environmental Analysis for the 6th Cycle Housing Element. As such, the Modified Initial Study Checklist is the appropriate environmental document for the proposed project, pursuant to CEQA Guidelines Section 15168 and no additional environmental review is necessary.
(2) Regarding impacts that are not peculiar to the parcel or to the proposed project, that have been addressed as a significant effect in the prior EIRs, or that can be substantially mitigated by the imposition of uniformly applied development policies or standards, an additional EIR need not be prepared for the proposed project solely on the basis of such impacts. (3) Applicable feasible mitigation measures specified in the Mitigation Monitoring and Reporting Programs (MMRP) for the 2020 General Plan EIR and/or the 2040 General Plan EIR, as applicable, will be imposed on the project through the Conditions of Approval.
(B) Finding required for consistency with the Town’s Applicable General Plan:

Pursuant to SB 330, the Town’s General Plan applicable to the proposed project consists of the 2020 General Plan Land Use and Community Design Elements and the 2040 General Plan excluding those two Elements, all as in effect on the date the applicant submitted its SB 330 preliminary application. The applicable General Plan Land Use Element designates the project site as Mixed Use Commercial, which permits a residential use in a mixed use project. The applicant proposes a multi-family live/work development, which is a type of mixed-use residential development and is consistent with the Town’s applicable General Plan.
(C) Findings required to deny a Subdivision application:

As required by Section 66474 (a) through (g) of the State Subdivision Map Act, the map shall be denied if any of the findings listed in that Section are made.

None of the findings could be made to deny the application.

Instead, the Town Council makes the following affirmative findings:
• That the proposed map is consistent with all elements of the applicable General Plans.
• That the design and improvement of the proposed subdivision is consistent with all elements of the applicable General Plans.
• That the site is physically suitable for the type of development. • That the site is physically suitable for the proposed density of development.

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• That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
• That the design of the subdivision and type of improvements is not likely to cause serious public health problems.
• That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
(D) Findings required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:

The Town Council, on the basis of the evidence submitted at the hearing, grants the conditional use permit as specifically authorized by the provisions of the Town Code, finding that:
(1) The proposed use is desirable to the public convenience because it provides additional residential dwelling units and live/work opportunities in the Town; (2) The proposed use would not impair the integrity of the zone, in that the proposed use is allowed in the CH zone with approval of a Conditional Use Permit;
(3) The proposed use would not be detrimental to public health, safety, or general welfare, as the conditions placed on the permit and existing regulations would maintain the welfare of the community; and (4) The proposed use is in conformance with the Town Code and applicable General Plans.
(E) Findings required for compliance with the Zoning Regulations:

The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) with the concession and waivers requested pursuant to State Density Bonus Law.
(F) Findings required for compliance with the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development:

The project meets the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development with the waivers requested pursuant to State Density Bonus Law.
(G) Findings required for granting a concession or incentive and waivers pursuant to State Density Bonus Law:

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(1) Government Code Section 65915 Findings for Denial of a Requested Concession(s) or incentive(s):
(a) The Town shall grant concession(s) or incentive(s) requested by the applicant unless the Town makes a written finding, based upon substantial evidence, of any of the following:
(i) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(ii) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(iii) The concession or incentive would be contrary to state or federal law.
(iv) The Town makes none of the above findings and therefore grants the requested concession.
(2) Government Code Section 65915(a)(2) Findings for Denial of Requested Waivers:
(a) The Town shall grant waivers to the Town’s development standards requested by the applicant unless the Town makes a written finding, based upon substantial evidence, that the development standard for which the waiver is requested would not physically preclude the construction of the development at the densities and with the concession permitted through Density Bonus Law.
(b) The Town does not make the above finding and therefore grants the requested waivers.
(H) Findings required for consistency with California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law:

As required for approval of a development of any parcel with fewer units by income category than was identified in the Town’s Housing Element for that parcel:

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(1) The project provides fewer Very Low, Low, and Moderate Income units than anticipated in the Housing Element Sites Inventory, but more Above Moderate Income units, producing a net cumulative surplus of nine units for the site. Nonetheless, the project allows the Town to maintain positive surplus capacity in its Housing Element overall and in each income category.

The remaining capacity of the Housing Element is adequate to meet the requirements of Section 65583.2 and to accommodate the Town’s share of the regional housing needs assessment (RHNA) pursuant to Section 65584.

As required by Government Code Section 65863, the following No Net Loss findings are made:
(a) Remaining sites identified in the Housing Element are adequate to meet the Town’s remaining RHNA for the planning period by income category.

Findings: The remaining capacity of the Housing Element sites are adequate to meet the Town’s remaining RHNA with approval of this project. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project. (b) Include a quantification of the remaining unmet need for the jurisdiction’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level.

Findings: The remaining unmet need for the Town’s RHNA at each income level and the remaining capacity of the Housing Element is provided in the table below. The remaining capacity at each income level of the Housing Element and overall is greater than the remaining unmet RHNA need at each income level and overall. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

Remaining RHNA and Housing Element Capacity
Units by Income Category
Very Low Low Moderate Above
Moderate
Total
Remaining RHNA 537 284 306 439 1,566
Remaining Capacity
of Housing Element
589 326 340 808 2,063

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(I) Considerations required in review of Architecture and Site applications:

As required by Section 29.20.150 of the Town Code, the applicable considerations in review of an Architecture and Site application were all made in reviewing this project.

2. The Town Council of the Town of Los Gatos approves Architecture and Site Application (S-24-015), Conditional Use Permit Application (U-24-006), and Vesting Tentative Map Application (M-24-008) to demolish existing commercial structures, construct a multi-family live/work development (55 multi-family residential units), approve a Conditional Use Permit for a live/work development, condominium vesting tentative map, site improvements requiring a Grading Permit, and remove large protected trees under Senate Bill 330 (SB 330) on property zoned CH:HEOZ, located at 15349-15367 Los Gatos Boulevard subject to the attached Conditions of Approval included as (Exhibit A).

3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.

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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of June, 2025, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
___________________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
____________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

ITEM NO. 1.

TOWN COUNCIL – June 3, 2025

CONDITIONS OF APPROVAL
15349 – 15367 Los Gatos Boulevard
Architecture and Site Application S-24-015
Conditional Use Permit Application U-24-006
Subdivision Application M-24-008
Consider a Request for Approval to Demolish Existing Commercial Structures, Construct a Multi-Family Live/Work Development (55 Units), a Conditional Use Permit for a Live/Work Development, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:HEOZ. APNs 424-19- 048 and 424-19-049. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable.

PropertyOwner:Jonathan Peck
Applicant: City Ventures
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:

Planning Division

1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect on June 30, 2023, and these conditions of approval conform to those ordinances, policies, and standards. This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, Development Review Committee, Planning Commission, or the Town Council depending on the scope of the changes.

2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

3. BELOW MARKET PRICE (BMP) UNITS: The developer shall provide eight (8) for-sale BMP units [four (4) low income units and four (4) moderate income units per the letter of justification letter dated February 6, 2025] to be sold at a price that is affordable to the target household income range, as required by the Town’s applicable BMP Program Guidelines and the applicable BMP Resolution. As part of the affordable housing agreement, a deed restriction shall be recorded prior to the issuance of any building permits for residential units, stating that the BMP unit must be sold and maintained as a below market price unit in perpetuity pursuant to the Town’s BMP Ordinance and Guidelines.

EXHIBIT A

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4. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building permits for residential units, the developer shall enter into an Affordable Housing Agreement with the Town for provision of the required BMP units and to facilitate their sale pursuant to the BMP Program Guidelines and BMP Resolution in place at the time of building permit issuance.

5. PHASING OF THE CONSTRUCTION OF BMP UNITS: The BMP units shall be constructed and Certificate of Occupancies secured in proportion with or prior to the construction of the market rate units.

6. OUTDOOR LIGHTING: Prior to final inspection, exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.

7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of Building and/or Grading Permits. Per Town Code Section 26.20.010 and Chapter 29, Article 1, Division 2, the developer shall obtain a tree removal permit prior to the removal of protected trees on private or Town property. The project developer shall abide by any tree replacement ratios and/or inlieu payments, tree protection measures, and best management practices required by the tree removal permit and/or within the tree removal plan as shown on Sheet C-3 consistent with the arborist report.

8. EXISTING TREES: All existing trees shown on sheet C-3 and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.

9. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits, the developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department.

These recommendations must be incorporated in the Building Permit plans and completed prior to issuance of a building permit where applicable and shall remain through all phases of construction.

10. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed as shown on the Tree Protection Plan (Sheet T-5) of the approved plans prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.

11. TREE STAKING: Prior to final inspection, all newly planted trees shall be doublestaked using rubber tree ties.

12. LANDSCAPING: Prior to issuance of the Certificate of Occupancy for the 55th unit, all landscaping must be completed.

13. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance (WELO), whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of Building and/or Grading Permits. This is a separate submittal from your Building Permit. A

ITEM NO. 1.
review deposit based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. A completed WELO Certificate of Completion Appendix C) is required prior to final inspection/certificate of occupancy.

14. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of final action on the applications.

15. ROOFTOP EQUIPMENT: Prior to final inspection, any new or modified roof mounted equipment shall be fully screened by being below the parapet.

16. PUBLIC ART: The applicant shall comply with the requirements of Chapter 25, Article VII of the Town Code.

17. WORKER ENVIRONMENTAL AWARENESS TRAINING: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to, special-status bats, and nesting birds and raptors. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which disturbance activities will occur shall be explained.

Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. A letter report documenting the completion of training shall be prepared and submitted to Town of Los Gatos, where it shall be kept on file.

18. SPECIAL-STATUS BAT SPECIES: The following measures shall be implemented to avoid loss of or harm to special-status bat species consistent with the Due Diligence Biological Site Assessment Report prepared for the proposed project:
a. A qualified biologist shall conduct a survey for special-status and common bat species within the project site and a zone of influence around the project site. The survey shall include all stands of trees and all tree hollows on the project site, and examination of any suitable openings for bats in trees or under loose bark for indirect evidence of bat use such as the presence of accumulations of invertebrate remains and/or the presence of excrement (guano) on the ground beneath such openings that would indicate roosting activity. All eaves and openings in the on-site buildings proposed for demolition shall be examined for evidence of bats. b. If bats or signs of bats are found on-site, tree trimming and/or removal shall only be conducted during seasonal periods of bat activity: between August 31 and October 15, when bats would be able to fly and feed independently, and between March 1 and April 15 to avoid hibernating bats, and prior to the formation of maternity colonies.
c. Any trees that will be removed, and that the biologist has identified as having potentially suitable bat roost habitat, shall be removed using a twoday phased removal method:
i. On day one, in the afternoon, limbs and branches shall be removed using chainsaws only. Limbs with cavities, crevices, and deep bark fissures shall

ITEM NO. 1.
be avoided.
ii. On day two, the rest of the tree shall be removed under the direct supervision of the qualified biologist.
d. If tree removal must occur outside of the seasonal activity periods (i.e., between October 16 and February 28/29, or between April 16 and April 30), a qualified biologist with at least two years of experience surveying for bats shall conduct preconstruction surveys within 14 days of commencement of construction activities. If the qualified biologist finds evidence of bat presence during the surveys, then the biologist shall develop a plan for removal and exclusion, in conjunction with the California Department of Fish and Wildlife (CDFW).

19. PROTECTED NESTING BIRDS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, and consistent with the Due Diligence Biological Site Assessment Report prepared for the proposed project, preconstruction nesting bird surveys shall be conducted by a qualified biologist no more than seven days prior to any vegetation removal or ground disturbance/earthwork that would be conducted during the nesting season (February 1 through September 1) that could disturb nesting birds (i.e., ground vibrations from grading equipment). If active bird nests are identified on-site during preconstruction surveys, a non-disturbance buffer shall be established around the nesting site(s) until the young have fledged. The size of the non- disturbance buffer shall be determined by a qualified biologist depending upon the nesting birds’ sensitivity to disturbance, with buffers typically 75 feet wide for nesting passerine birds and up to 300 feet wide for nesting raptors.

20. AIR QUALITY: No permanent natural gas infrastructure shall be permitted as part of the project plans; no natural gas shall be made available through permanent natural gas infrastructure. The project shall be all electric.

Final plans for the development shall be reviewed by the Town Community Development Department prior to issuance of a building permit to ensure this performance standard is incorporated into the project design. Verification of development consistent with this performance standard shall be assured prior to approval of occupancy permits.

21. PHASE II ESA: Consistent with the Phase II ESA prepared for the project, the soil beneath the automobile service bays affected by volatile organic compounds (VOCs), measuring approximately 40 feet by 30 feet, shall be excavated to a depth of at least 10 feet. The excavated soil shall undergo confirmation soil vapor sampling following completion of soil excavation/aeriation activities and grading in order to determine whether residual vapor impacts, if any, warrant the installation of vapor mitigation systems (i.e., vapor barriers and passive venting systems) under the proposed residential construction. If soil vapor sampling determines that soil treatment would be needed, and treatment cannot be provided on-site, the soil shall be hauled off-site to a landfill. The result of the soil sample testing and the mitigation measures to be implemented shall be provided to the Town Community Development Department prior to forms/steel inspection.

22. CULTURAL/ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS: Prior to issuance of a tree removal, demolition, and/or grading permit for the project, a Secretary of the

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Interior-qualified archaeologist shall prepare a tribal cultural resources monitoring plan, in consultation with a culturally-affiliated Native American tribe(s). The plan shall be reviewed and approved by the Community Development Director. The plan shall include (but not be limited to) the following components:
a. Preconstruction training program for all construction and field workers involved in site disturbance: On-site personnel shall attend a mandatory pre-project training led by a Secretary of the Interior-qualified archaeologist, who shall invite a Native American representative. The training will occur prior to any ground disturbing activities and issuance of tree removal permits. The training will outline the general cultural sensitivity of the area and the procedures to follow in the event cultural materials and/or human remains are inadvertently discovered. The archaeologist will provide the following documentation to the Town of Los Gatos Planning Division: date (or dates) of the training, signatures of construction personnel at the training session(s), and materials used in the training. The applicant shall provide a copy of the contract to the Planning Division, prior to issuance of tree removal, demolition, Building, and/or Grading Permits.
b. Specifically, where monitoring will be conducted and under what circumstances, based on soil types, geology, distance to known sites, and other factors;
c. Person(s) responsible for conducting monitoring activities, including a request to the culturally-affiliated Native American tribe(s) for a tribal monitor; d. Person(s) responsible for overseeing and directing the monitor; e. How the monitoring shall be conducted and the required format and content of monitoring reports;
f. Schedule for submittal of monitoring reports and person(s) responsible for review and approval of monitoring reports;
g. Protocol for notifications in case of encountering cultural resources, as well as methods of dealing with the encountered resources (e.g., collection, identification, curation);
h. Methods to ensure security of cultural resources sites; i. Protocol for notifying local authorities (i.e. Sheriff, Police) should site looting or other illegal activities occur during construction.
j. During the course of the monitoring, the archaeologist may adjust the frequency— from continuous to intermittent—of the monitoring based on the conditions and professional judgment regarding the potential to impact resources.
k. If tribal cultural materials are encountered, all soil-disturbing activities within 50 feet in all directions of the find shall cease until the resource is evaluated. The archaeologist shall immediately notify the lead agency of the encountered resource. After making a reasonable effort to assess the identity, integrity, and significance of the encountered resource, in consultation with a culturally-affiliated Native American tribe(s), the archaeologist shall present the findings of this assessment to the Community Development Director. If the find is determined by the archaeologist to be potentially significant, the archaeologist, in consultation

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with the Community Development Director, a culturally-affiliated Native American tribe(s), and the developer, shall determine an appropriate treatment plan in accordance with CEQA Sections 20183.2 and 21084.3 and with CEQA Guidelines Section 15126.4(b)(3), to the extent applicable.

23. PALEONTOLOGICAL OR GEOLOGIC RESOURCES: If paleontological resources or geologic features are discovered at the project site, construction activities in the area shall be suspended, a qualified paleontologist shall be retained to examine the site, and protective measures shall be implemented to protect the paleontological resource.

Construction shall be suspended until appropriate mitigation is implemented.

24. BEST MANAGEMENT PRACTICES: The following measures shall be implemented during construction activities to reduce PM2.5 concentrations:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, with priority given to the use of recycled water for this activity when feasible. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes (as required by the Bay Area Air Quality Management District. Clear signage shall be provided for construction workers at all access points. This requirement applies to on-site construction equipment and any off-site construction equipment queuing on or along roads within Town Limits.
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
h. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds on site exceed 20 mph.
i. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
j. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
k. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

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25. GEOTECHNICAL REPORT AND SEISMIC DESIGN: Prior to issuance of Building and/or Grading Permits, implementation of seismic design features is required:
a. Site the development away from high risk geologic and seismic hazard zones or, if located in a high-risk zone, incorporate construction techniques or specialized technologies to reduce risk. Restrict new development and redevelopment based on the levels of risk and potential severity of geologic hazards. b. The geotechnical report Geotechnical Investigation on Proposed Residential Development at 15349 & 15367 Los Gatos Boulevard, Los Gatos, California for City Ventures (“geotechnical report”) prepared for the project by Quantum Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024 was prepared by a licensed engineering geologist and/or geotechnical engineer identifying all site geologic, seismic, and geotechnical engineering conditions and potential hazards and included appropriate design measures to mitigate potential fault ground rupture/deformation impacts to acceptable levels. The report specifies construction methods to protect existing and future residences, from identified hazards. c. A licensed geologic/geotechnical engineer shall complete the Town Geologic Hazards Checklist to demonstrate that potential hazards have been identified and that proposed structures, including grading cuts and fills, will be designed to resist potential earthquake effects.
d. Incorporate all engineering and design recommendations included in the Geotechnical Investigation on Proposed Residential Development at 15349 & 15367 Los Gatos Boulevard, Los Gatos, California for City Ventures (“geotechnical report”) prepared for the project by Quantum Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024.

26. EROSION CONTROL PLANS: Prior to issuance of Building and/or Grading Permits:
a. Provide an effective erosion control plan to minimize soil erosion. The erosion control plans shall be implemented prior to construction operations and maintained throughout the construction process.
b. Ensure that the grading of slopes and sites proposed for development will be minimized.
c. Implement bioswales and other innovations so runoff from parking lots drain into landscaped areas and rainwater percolates into the ground.

27. CONSTRUCTION NOISE:
a. Construction activities shall comply with Section 16.20.035 of the Town Code. b. Construction activities shall not result in interior residential noise levels exceeding 45 dB.
c. Appropriate site and building design, sound walls, minimum landscape buffers of five feet, and/or the use of noise attenuating construction techniques and materials be used in order to protect existing and proposed residential areas from noise, in order to reduce project construction noise and associated impacts. d. If construction equipment is located within the minimum required distances shown in Table 9 below of noise-sensitive receptors, the applicant shall implement

ITEM NO. 1.
equipment staging areas to create distance between construction-related noise sources and noise-sensitive receptors; use electric tools and facilities; use mobile construction equipment with smart back-up alarms; and implement additional noise attenuation techniques during the clearing, earth moving, grading, and foundation/conditioning phases of construction, such as temporary sound barriers between the construction site and the sensitive receptors.

28. CONSTRUCTION VIBRATION:
a. The use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration is prohibited. b. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration, identifies as sensitive to daytime vibration (FTA 2005).
c. Notify neighbors of scheduled construction activities that would generate vibration which would require standard conditions of approval to minimize exposure to construction vibration.
d. Potential vibration impacts of heavy equipment shall be addressed by scheduling usage of heavy equipment within the specified distances included in the table below outside of Silicon Valley MRI & CT business hours. Pursuant to the Silicon

ITEM NO. 1.

Valley MRI & CT website, the business hours are 8:30 AM to 5:00 PM, Monday through Friday.

29. REUSABLE MATERIALS: All reusable materials from residential, commercial, and construction/renovation activities shall be recycled.

30. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.

31. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.

Building Division

32. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing structures. A separate Building Permit is required for the construction of each new multi- family structure. Separate Building Permits will be required for the PV on each structure.

33. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.

34. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be

ITEM NO. 1.
prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.

35. BUILDING & SUITE NUMBERS: Submit requests for new building addressesto the Building Division prior to submitting for the building permit application process.

36. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.

37. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application for the removal of each existing structure. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, submit the completed form to the Building Department with the Air District’s J# Certificate, PG&E verification, and 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.

38. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes. Clear signage shall be provided for construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. All non-road diesel construction equipment shall at a minimum meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification of construction schedule to adjacent residential property owners and tenants at least one week prior to commencement of demolition and one week prior to commencement of grading with a request that all windows remain closed during demolition, site grading, excavation, and building construction activities in order to minimize exposure to NOx and PM10. The on-site field supervisor shall monitor construction emission levels within five feet of the property line of the adjacent residences for NOx and PM10 using the appropriate air quality and/or particulate monitor.

39. SOILS REPORT: A Soils Report, Geotechnical Investigation on Proposed Residential Development at 15349 & 15367 Los Gatos Boulevard, Los Gatos, California for City Ventures (“geotechnical report”) prepared for the project by Quantum Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024, has been prepared containing foundation, and retaining wall design recommendations. The report shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.

40. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or

ITEM NO. 1.
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 wall(s) locations and elevations

41. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.

42. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones and public streets or sidewalks to the accessible building entrance that they serve. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall connect all accessible buildings, facilities, elements and spaces that are on the same site.

43. ACCESSIBLE PARKING: The parking lots, where parking is provided for the public as clients, guests, or employees, shall provide 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.

44. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any required sanitary sewer backwater valve on the plans and provide its location. 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.

45. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.

46. 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 and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.

47. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.

48. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:

ITEM NO. 1.
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.

TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:

Engineering Division

THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION

PLANS SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

49. THIRD-PARTY PLAN CHECK FEE AND INSPECTION FEE (Special projects only) – The Town will procure a third-party engineering firm to perform Plan Review and Inspection Services. Applicant shall provide an initial deposit of $50,000 plus a 20 percent fee to cover staff time to the Town for plan review and inspection services.

This deposit and fee are required at the time of the project building permit submittal.

Once this deposit is received, the Town will select the consultant and initiate the plan review process. The Applicant’s deposit will be charged on a time and materials basis.

A supplemental deposit will be required if the remaining deposit is expected to be exhausted prior to completion of the work. Permitted work will not be allowed to continue without available funds to complete the required inspection services. Thirdparty engineering services will be required for the duration of the construction and project closeout phases.

50. STORM DRAINAGE FEE – The Applicant shall pay Storm Drainage Fees for the future construction of drainage facilities serving new buildings, improvements, orstructures to be constructed which substantially impair the perviousness of the surface of land.

The estimated fee, based on the site area of 1.54 acres, is $8,015.70. The Applicant shall pay this fee to PPW prior to issuance of the first building permit.

51. TRAFFIC IMPACT MITIGATION FEE – The project is subject to the Town’s Traffic Impact Mitigation Fee for the generation of net new average daily trips. The Town’s Fee Schedule in effect at the time of vesting indicates a fee of $1,104 per additional average daily trip. With 266 net new average daily trips as noted in the Transportation Analysis, this fee is calculated at $293,664.00. Payment of this fee shall be paid prior to issuance of the first building permit.

52. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189) – Per the Town’s Comprehensive Fee Schedule in effect at the time of vesting, the project is subject to the Town’s Construction Activities Mitigation Fee based on the square footage of new buildings. The fee is $1.43 per square foot of new residential and non-residential building area. With 89,722 SF of total building square footage, this fee is calculated at

ITEM NO. 1.
$128,302.46. Payment of this fee shall pe paid prior to issuance of the first building permit.

53. GRADING PERMIT – A grading permit is required for all site grading and drainage work that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid building permit. The Applicant must submit a grading permit application after the appeal period of the entitlement approval process has passed, or earlier if approved by the Town Engineer or his/her designee. Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Plan check fees are based on the scope of onsite work. Prior to approval of the grading permit, the Applicant shall pay all fees due and provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan, and interim erosion and sedimentation control plan (if required), in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town. (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public monies, or (3) other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. The grading permit shall be issued prior to the issuance of the building permit unless otherwise allowed by the Town Engineer.

The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to: (1) Mitigation of adverse environmental impacts, consistent with the project’s CEQA. (2) Improvement of any existing grading or correction of any existing grading violation to comply with Town Code. (3) Requirements for fencing or other protection of grading which would otherwise be hazardous. (4) Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes (5) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced. (6) Temporary and permanent landscape plans.

54. PUBLIC IMPROVEMENTS – Prior to the issuance of any building permit and prior to any work being done in the Town's right of way, the Applicant must submit Public Improvement Plans for review and approval. All public improvements shall be made according to the Town’s latest adopted Standard Plans, Standard Specifications, and Engineering Design Standards. The Applicant is required to confirm the location of

ITEM NO. 1.
existing utility lines along the project frontage by potholing. Prior to any potholing, Applicant shall submit an Encroachment Permit application with a pothole plan for Town review and approval. The Applicant shall provide the pothole results to the Town Engineer prior to final design. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No private facilities are permitted within the Town right of way or within any easement unless otherwise approved by the Town Engineer. The Applicant shall have Public Improvement Plans prepared, stamped, and signed by a California licensed civil engineer.

Once the Public Improvement Plans have been approved, the Applicant shall submit an application for an Encroachment Permit. The Encroachment Permit requires the Applicant to post the required bonds and insurance and provide a one (1) year warranty for all work to be done in the Town's right of way or Town easement. New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense. Prior to issuance of the encroachment permit, the Applicant shall submit a temporary traffic control plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk closures.

Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The TTCP shall comply with the State of California Manual of Uniform Traffic Control Devices (“MUTCD”) and standard construction practices.

The project engineer shall notify the Town Engineer in writing of any proposed changes.

Any proposed changes to the approved plans shall be subject to the approval of the Town. The Applicant shall not commence any work deviating from the approved plans until such deviations are approved unless otherwise approved by the Town Engineer or his/her designee. Any approved and constructed changes shall be incorporated into the final “as-built” plans.

Right-of-way improvements shall include, at a minimum, the following items:
a. STREET WIDENING - The Applicant shall improve the project frontage along Garden Lane with a 3-foot right-of-way dedication, an approximately 117-foot curb long extension that will reduce the Garden Lane crossing distance at the intersection of Oak Park Drive as noted in the Transportation Analysis and per sheet C-4, and a new street section, curb, gutter, a 5-foot detached sidewalk, and a 4-foot landscape strip. The Applicant shall relocate at their costs any affected utilities as directed by the Town Engineer. All work shall be shown on the required improvement plans.
b. STREET TREES - The Applicant shall plant 8 street trees along the Los Gatos Boulevard project frontage and 12 streets trees along the Garden Lane project frontage as shown on Sheet L1. The street tree plans shall be per Town Standard Drawings.
c. TREE GRATES – The Applicant shall install 8 Town Standard Tree Grates as specified in the approved plans. Tree grates shall be 3’x6’, model OT-T24 by

ITEM NO. 1.

Urban Accessories, and shall be black power coated. The tree grates shall be shown on the improvement plans to be located at the back of curb to the approval of the Town Engineer and shall be installed with the street trees prior to the first occupancy.
d. STREET MARKINGS - The Applicant shall install new street markings of a design approved by the Town Engineer and replace any street markings that are damaged due to project construction activities. New street markings include two new high visibility crosswalks at the Garden Lane/Oak Park Drive intersection and all pavement markings, painted curbs, and handicap markings as shown on sheet C-4.

All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be 15 feet of no parking zone (painted red curb) south of each driveway and 5 feet of no parking zone north of each driveway in accordance with the Transportation Analysis, shall be shown on the plans and are subject to approval by the Town Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint.
e. SIDEWALK - The Applicant shall replace to existing Town standards all sidewalk per sheet C-4. Sidewalk replacement shall be constructed per the Town Standard Drawings.
f. CURB RAMP(S) - The Applicant shall construct five (5) curb ramp(s) in accordance with the latest Caltrans State Standard Drawing. Four curb ramps along the south side of Garden Lane running east-west for the crossings of the development’s driveways an one curb ramp at the southwest, corner of the intersection of Garden Lane and Oak Park Drive. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the Town Engineer.
g. CURB AND GUTTER - The Applicant shall replace to existing Town standards all curb and gutter within the project extents. New curb and gutter within public right of way shall be constructed per the Town Standard Drawing ST-210 (Vertical). h. DRIVEWAY APPROACH(ES) - The Applicant shall install one (1) Town Standard driveway approach(es) as shown on the approved plans. The new driveway approach shall be constructed per the Town Standard Drawing. i. DRIVEWAY REMOVAL - The Applicant is to remove the existing driveway approaches that will no longer be used and replace them with sidewalk, curb, and gutter per the Town Standard Drawings.
j. SEWER CLEAN-OUT - The Applicant shall install the sewer lateral clean-out at the property line in accordance with the West Valley Sanitation District standards.

Sewer clean-out(s) shall be constructed prior to occupancy of the first building. k. PARKING LOTS – The Applicant shall submit plans for all required off street parking lots showing proper grading, drainage, ramps profile, and parking dimensions in conformance with Town parking standards and consistent with sheets C-4 and C-5.

The plans shall be approved by the Town Engineer prior to the issuance of the first building permit.
l. PARKING LOT DRAINAGE – Parking lots and other impervious areas shall be designed to drain stormwater runoff to vegetated drainage swales, filter strips,

ITEM NO. 1.
and/or other Low Impact Development (LID) treatment devices that can be integrated into required landscaping areas and traffic islands prior to discharge into the storm drain system and/or public right-of-way. Paving shall meet Santa Clara County Fire Department requirements and be structurally appropriate for the location.
m. BICYCLE PARKING – The Applicant shall provide both long-term bicycle parking and short-term bicycle racks on-site, as shown on the approved site plan, to the approval of the Town Engineer.
n. STORM WATER CATCH BASIN(S) - The Applicant shall construct Standard Curb Inlet and Catch Basin’s per approved plans and in accordance with the Town Standard Drawing.
o. STREETLIGHT(S) - The Applicant shall replace the existing streetlight along the project frontage on Los Gatos Boulevard in front of Building “A” with a new standard galvanized steel Octaflute streetlight per Town Standard Drawing with LED fixture. The Applicant shall install a pull box in the sidewalk adjacent to this replaced streetlight and intersect the electrical service for the streetlight to provide a service point for the streetlight’s power. The Applicant shall also install a new standard galvanized steel Octaflute streetlight per Town Standard Drawing with LED fixture including adjacent pull box near the southern driveway of the development as directed by the Town Engineer. Finally, the Applicant shall replace the existing streetlight at the intersection of Garden Lane and Oak Park Drive with the standard galvanized steel Octaflute streetlight per Town Standard Drawing with LED fixture and install a service pull box if not currently existing. The Applicant is responsible for all PG&E service fees and hook up charges. Any new service point connection required to power the new lights shall be shown on the construction drawings along with the conduit, pull boxes, and other items necessary to install the streetlights. The Applicant shall provide an Isometric Lighting Level Study similar to what is shown on the last sheet in the approved entitled plan set called “22887REYR7.DWG” for review and approval by the Town Engineer. Right of way lighting must comply with the Town’s Street Design Standards section 2.38. The new streetlights shall have 31-foot 9-inch mounting height per Standard Drawing Octaflute with LED Fixture, with an 8-foot arm length. The fixture shall be CREE, Type III Cut-Off Model; XSP2, 4000K 56W in an approved configuration or approved equal. The arm shall be installed at the location as shown on the approved plans. A letter shall be provided by PG&E stating that public streetlight billing will be per Rule LS2A. Private lights shall be metered with billing addressed to the homeowners’ association. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans. p. BICYCLE FACILITIES – The Applicant shall provide a fair share contribution towards the planned Class IV protected bike lane improvement on Los Gatos Boulevard along the Project frontage. To determine the fair share costs, the Applicant show provide a conceptual design and engineer’s estimate for the future costs of the improvements for approval by the Town Engineer. The Applicant shall include in the estimate a 20 percent contingency and then escalate the estimate to July 2027 dollars using an escalation rate of 4.5

ITEM NO. 1.
percent per year.

55. TREE REMOVAL PERMIT – The Applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site or in the public right-of-way prior to the issuance of a building permit or demolition building permit, whichever is issued first. An arborist report may be required by the Town Arborist prior to the removal of any tree.

56. PHASED PERMITS – The Applicant may, with the approval of the Town Engineer, phase the permits to expedite the construction process. If this is done, each phase of the work will require a separate and complete set of plans to be submitted, reviewed, and approved prior to the issuance of the said permit. Overlapping of permits may occur, if approved by the Town Engineer. No work on the next phase of construction, in advance of the permitted work, may occur. No “at risk” work will be permitted unless otherwise approved by the Town Engineer or his/her designee. Plans shall be submitted, reviewed, and approved by the Town Engineer prior to the commencement of work.

Only the below phased permitted work will be allowed:
a. Clearing-Grubbing/Rough Grading
b. Fine Grading
c. Underground Utilities
d. Site Improvements
e. Off-Site Improvements

57. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS – The Grading Permit Plans and
Public Improvement Plans (together referred to as “Improvement Plans”) shall be submitted as a set to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Improvement Plans are submitted. The Improvement Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.

Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include:
a. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type.
b. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.

ITEM NO. 1.
c. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented.
d. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed. e. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines. Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
f. A Utility Plan showing appropriate line types and labels to identify the different types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. shall be located on private property unless otherwise approved by the Town Engineer.
g. A Photometric Lighting Plan analyzing on-site and the full width of the project’s two adjacent rights-of-ways shall show on the plan the average maintained horizontal illumination in foot-candles. The plan sheet shall include a table identifying individual project areas and their associated average illumination in foot-candles, maximum illumination in foot-candles, minimum illumination in foot-candles, and average to minimum uniformity ratio. Lighting shall comply with the Town’s Standard Specification section 2.38.
h. A Landscaping Plan for the project site in general conformance with Sheet L1 indicating the proposed irrigation networks including controller location and power source(s).
i. A Composite Plan showing civil, landscape, electrical, and joint trench locations combined on one drawing to identify potential conflicts between disciplines. The Composite Plan shall include the size, location, and details of all trenches, locations of building utility service stubs and meters, and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project.

Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). A note shall be placed on the joint trench composite plans which states that the plan agrees with Town Codes and Standards and that no underground utility conflict exists.
j. General Notes found in the Town of Los Gatos General Guidelines. k. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or

ITEM NO. 1.
overweight vehicles are expected to be used.
l. A statement that all utility boxes in vehicular pathways shall be traffic-rated.

58. STANDARD PLAN COMPLIANCE – The project shall comply with the Town’s Standard Plans to the approval of the Town Engineer. Street improvements, all street sections, the design of all off-site storm drainage facilities shall be in accordance with most current Town Standard Specifications and Standard Plans approved by the Town Engineer. Improvements deemed necessary by the Town Engineer shall be shown on the Improvement Plans.

59. EXISTING FACILITY PROTECTION AND REPAIR – All existing public utilities shall be either protected in place, relocated, or repaired. The Applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed as a result of the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing improvements in the area that are not intended to be removed and replaced. The Applicant shall request a walk-through with the PPW construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to issuance of the first certificate of occupancy of the project.

60. UNDERGROUND UTILITIES – All new services to the development shall be placed underground in accordance with the various utility regulations and consistent with sheet JT5. Underground utility plans must be submitted to the Town and approved by the Town Engineer prior to installation.

61. UTILITY RESPONSIBILITIES – The Applicant shall enter an agreement assuming responsibility for the maintenance of stormwater drainage facilities, including piped and open channel stormwater conveyances in private areas. The Applicant is responsible for all expenses necessary to connect to the various utility providers.

Currently, the public storm sewer system is owned and maintained by the Town of Los Gatos, the water system in Los Gatos is owned and maintained by San José Water Company, and the sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Any alterations of the approved utilities listed must be approved by the Town prior to any construction.

62. UTILITY COMPANY COORDINATION – The Applicant shall negotiate any necessary rightof- way or easements with the various utility companies in the area, subject to the review and approval by the Town Engineer and the utility companies. Prior to the approval of the site plan for construction, the Applicant shall submit “Will Serve” letters from PG&E, San Jose Water, West Valley Sanitation District, West Valley Collections and Recycling, and AT&T (or the current “Carrier of Last Resort”) with a statement indicating either a list of improvements necessary to serve the project or a statement that the existing network is sufficient to accommodate the project.

Approved plans from these companies will also satisfy this condition. Coordination of the stormwater conveyance system will be addressed during the Grading Permit review.

63. PREPARATION OF ELECTRICAL PLANS – All street lighting electrical plans shall be prepared by a California registered professional engineer experienced in preparing these types of plans.

ITEM NO. 1.

64. ON-SITE LIGHTING STANDARDS – The Applicant shall submit a photometric plan for onsite lighting showing lighting levels in compliance with the Town Standard Specifications section 2.38. The plan shall show the minimum maintained horizontal illumination in foot-candles and the uniformity ratio for all areas. This lighting standard is applicable to all parking lots, driveways, circulation areas, aisles, passageways, recesses, and accessible grounds contiguous to all buildings. Private, interior courtyards not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the Town Engineer and shall be addressed on the construction plans submitted for the first building permit. Any subsequent building permits that include any site lighting shall also meet these requirements.

65. STORM DRAINAGE STUDY – The Applicant shall submit a Storm Drainage Study for the proposed development stormwater conveyance system evaluating pre- and postdevelopment peak discharge rates for the theoretical 2-year, 10-year, and 100-year (50- percent, 10-percent, and 1-percent annual chance) storm events including supporting hydraulic calculations for proposed pipe network. The study must address sizing and design details for the stormwater treatment systems proposed with the development. The study shall include an evaluation of the project site drainage including topography, natural drainage patterns, and existing man-made diversions (structures, raised pads, fences, etc.). If the study indicates that the theoretical water surface elevation or hydraulic grade line of the proposed development during a 10- year storm event is above ground level at any point, the Applicant shall construct and dedicate to the Town new downstream storm drainage facilities necessary to achieve a connection point water depth no more than 80 percent full during the projected 10- year storm event. The study must evaluate the 100- year storm event base flood elevation. The finish floor elevations of all structures must be constructed at least 1- foot above this elevation. The Applicant shall submit the study for review and approval by the Town Engineer prior to the issuance of the first building permit.

66. STORMWATER MANAGEMENT PLAN – The Applicant shall develop a Storm Water Management Plan (“SWMP”) that complies with the California Water Board regulations and delineates site design measures, source control measures, low-impactdevelopment (LID) treatment measures, hydromodification management measures, and construction site controls as appropriate. The Plan must indicate erosion protection measures for the inlet structures (e,g., pipe outlets, pump dissipator pipes, and/or bubblers). For the BAHM analysis, the Applicant must provide pump operations and intended routing during various runoff conditions (i.e., treatment runoff vs. HM controls) and the rationale for the pump size selected relative to the treatment flow rate. The Applicant shall update the BAHM analysis to conform to project conditions to the satisfaction of the Town Engineer and include a summary of the changes made to the BAHM analysis since the entitlement plan review for review by the C3 consultant.

The Applicant must select and indicate bioretention area plants capable of withstanding and surviving the higher design ponding conditions. If pumps are proposed, the Applicant must:

ITEM NO. 1.
a. Provide pump discharge rates that receiving bioretention areas are capable of treating, to avoid consistently overwhelming the bioretention areas. b. The Applicant must integrate an N+1 redundancy and generator backups at all required pump locations and include an alarm system that will notify the owner or operator of a pump failure.
c. If off-site improvements modify the quantities of regulated and unregulated offsite impervious area, the Applicant must update Section 2, item “d” and Section 8 of the
C.3 Data Form to reflect those changes.

67. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The Applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.

68. SITE DRAINAGE – Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drains (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language using methods approved by the Town Engineer on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.

69. OFF-SITE DRAINAGE – The Applicant shall not alter any existing drainage patterns without an approved Grading Permit.

70. CLEAN, INSPECT, AND REPAIR STORM LINE – If the project will connect to the public storm drainage system, the Applicant is required to evaluate the conditions of the existing storm lines along the project frontage by videotaping and providing the result to the Town Engineer. The Applicant shall clean and inspect (via remote TV camera) the storm line from the manhole upstream to the manhole downstream of the project area. The video inspection shall be done by a professional video inspection company and be completed prior to building permit issuance. The video of the inspection shall be reviewed with PPW and any cracked, broken, or otherwise compromised integrity is found, the areas of the line along the project frontage shall be repaired by the Applicant at the applicant’s expense. The Applicant shall include the required repairs on the Improvement Plans submitted. All necessary repairs to the storm line shall be completed and approved prior to the project connecting to the storm drainage system.

71. GRADING & DRAINAGE WINTER MORATORIUM – All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for

ITEM NO. 1.
approval, the Applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.

72. SWPPP AND EROSION CONTROL – The Applicant shall prepare and submit a comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The Applicant shall ensure a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) monitors erosion and sediment control as required by the Construction General Permit. The Applicant must take measures to ensure continuous compliance with the Construction General Permit, and shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the Applicant is to implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and approval. The Applicant shall provide the Town Engineer the assigned Notice of Intent (NOI) permit number received after filing a Notice of Intent under the Construction Stormwater General Permit. The erosion control plans and SWPPP shall comply with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). All test submitted to the regional board must also be submitted to the Town Engineer. Any fees or penalties assessed against the Town in response to the Applicant’s failure to comply with the Permit must be paid by the Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.

73. SITE TRIANGLE AND TRAFFIC VIEW AREA – Fencing, landscaping, and permanent structures shall be less than 3-feet in height or have a minimum vertical clearance of

7.5- feet if located within the driveway view area, traffic view area, or corner sight triangle. The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232 and addressed on sheet C-4 and traffic report by Hexagon. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.

74. GEOTECHNICAL REVIEW – Prior to building permit issuance, the Applicant’s

ITEM NO. 1.

Geotechnical Engineer shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site surface and subsurface drainage improvements, and design parameters for foundations, etc.) to ensure that the recommendations by Quantum’s “Geotechnical Investigation” dated August 2, 2024 and ENGEO’s “Preliminary Fault Evaluation Report” dated August 1, 2024 have been properly incorporated or provide recommended revisions necessary.

The Applicant shall submit the results of the geotechnical plan review organized by the Project Geotechnical Consultants in a letter and submitted to the Town for review by the Town Engineer. The geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations. The Applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The Applicant shall add this condition to the general notes on the grading plan.

75. GEOTECHNICAL ENGINEER OBSERVATION – All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The Applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The Applicant shall add this condition to the general notes on the grading plan.

76. PRECONSTRUCTION MEETING – After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the Applicant shall request a pre-construction meeting with the PPW Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the Applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all times during construction.

77. FLOOR DRAINS – All floor drains shall be plumbed to connect to the sanitary sewer system only. Site design must facilitate drainage away from building floor drains.

78. GARBAGE/RECYCLE STORAGE AND SERVICE – The Applicant shall provide adequate area for the purposes of storing garbage and recycling collection containers for scheduled servicing by the Town’s solid waste collection provider. The collection containers shall be brought out to the driveway on the day of service and returned to the property garages by the property owner that same day. The containers are not to be in public view or in the public right-of-way prior to or beyond the scheduled service times. A letter from West Valley Collection and Recycling confirming serviceability and site accessibility shall be provided to the Town Engineer for approval prior to the approval

ITEM NO. 1.
of an occupancy permit.

79. SITE LANDSCAPING COORDINATION – The Applicant shall coordinate the overall site landscaping and the stormwater treatment area landscaping. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility.

Sanitary sewer facilities cannot be aligned through stormwater treatment facilities.

80. TRANSPORTATION DEMAND MANAGEMENT (“TDM”) PLAN – Consistent with General Plan TDM policy (Policy MOB-1.1), the Applicant shall submit a Transportation Demand Management Plan prior to the issuance of any building permit. The TDM plan shall be consistent with the Local Transportation Analysis by Hexagon Transportation Consultants dated December 20, 2024 and may include the measures such as bicycle facility provisions, shower facilities, local shuttle service, transit passes and subsidies, carpool incentive, designated car share parking, and other measures that may be required by the Town Engineer.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP OR PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

81. DEDICATIONS – The Applicant or owner shall dedicate a three (3) foot wide strip of land to the Town in fee along Garden Lane frontage.

82. QUITCLAIM OF EASEMENT(S) – The Applicant has indicated that the existing 10-foot ingress and egress easement per 4407 OR 725 and Sanitary Sewer Easement per E623 OR 177 in favor of APN 424-19-069 will be abandoned. This abandonment shall be recorded, and an electronic copy (PDF) of the recorded quitclaim shall be submitted to the Town Engineer prior to issuance of a grading or building permit. The existing sewer line serving APN 424-19-069 shall be re-routed to the onsite sanitary sewer system.

83. TEMPORARY CONSTRUCTION EASEMENT – Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.

84. SUBDIVISION (FINAL) MAP – The Applicant shall have a subdivision map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Los Gatos Town Code and the Subdivision Map Act. Existing buildings shall be demolished prior to the recordation of the map if they will conflict with any newly created lot line. The Town Council must approve all Final Maps. The Town Council meeting will be scheduled approximately fifty
(50) days after the Final Map, Public Improvement Plans, Stormwater Treatment Facilities Maintenance Agreement, Landscape Maintenance Agreement, and Subdivision Improvement Agreement are approved by the Town Engineer. The Final Subdivision Map shall be approved by PPW and recorded by the County Recorder’s

ITEM NO. 1.

Office prior to the issuance of the first building permit. In lieu of the Town Clerk’s Office coordinating the recordation of the Final Map(s) with the County, the Applicant may submit a map guarantee by the Applicant’s title company for the release of the signed Final Map to the title company for recordation. Prior to the Town’s release of the Final Map, the Town Engineer may require the Applicant to submit to the Town an electronic copy of the map in the AutoCAD Version being used by the Town at the time of recordation. It is the Applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after Town approval.

85. SUBDIVISION IMPROVEMENT AGREEMENT (“SIA”) – The Applicant shall enter as a contractor into an agreement with the Town per Town Code Section 24.40.020, Gov.

Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100 percent of the cost of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, storm lines, streetlights, and signal equipment. Town Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the Town Council for approval with project Final Map. The SIA shall be approved by the Town Council prior Parcel or Final Map.

86. MONUMENTS – The Applicant shall arrange for the engineer to have all monuments set per the recorded map. A certificate letter by the Surveyor or Engineer stating the monuments are set per plan shall be provided to the Town Engineer prior to final certificate of occupancy.

87. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R) – The Applicant shall prepare and submit draft project Covenants, Conditions and Restrictions (CC&R) for the project.

The CC&Rs shall be submitted with the project map for review and approval of the Town Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the Town. References to the Stormwater Treatment Facilities Maintenance Agreement obligations shall be incorporated. The CC&Rs shall be reviewed and approved prior to the Town Council approval of the Final map.

88. PAYMENT OF WEST VALLEY SANITATION DISTRICT FEES – All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any maps 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 to the Town Engineer prior to map recordation.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL

INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

89. RECORD DRAWINGS – The Applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the

ITEM NO. 1.

Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The Applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being used by the Town at the time of completion of the work. The Applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of securities required by the SIA.

90. RESTORATION OF PUBLIC IMPROVEMENTS – The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction to the extent caused by the project itself. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the release of securities required by the SIA. The Applicant shall request a walk- through with the PPW Inspector before the start of construction to verify existing conditions.

91. PAVEMENT RESTORATION – Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic, the Applicant shall grind and provide a 2.5” overlay with asphalt concrete for the entire width of the southbound roadway of Los Gatos Boulevard along the entire property length and the full width of Garden Lane including the intersection of Garden Lane and Oak Park Drive.

Prior to overlay, any base failure repair or required dig-outs identified by the PPW Inspector shall be completed. The Town Engineer shall approve the roadway repair prior to release of securities required by the SIA.

92. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT – The Applicant shall execute and record a Stormwater Treatment Facilities Maintenance Agreement to ensure perpetual maintenance of the regulated project’s treatment facilities. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The Town-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by PPW upon request. The agreement shall be executed prior to occupancy of the first building and include the following:
a. The property owner shall operate and maintain all on-site stormwater treatment facilities in good condition and promptly repair/replace any malfunctioning components.
b. The property owner shall inspect the stormwater treatment facilities at least twice per year and submit an inspection report to PPW at
[email protected] no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. Once in fall before October 1st in preparation for the wet season, and once in winter before March 15th. Written records shall be kept of all inspections and shall include, at

ITEM NO. 1.
minimum, the following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and vii. As applicable, the need for site re-inspection.
c. The property owner shall not make any design changes to the system with the Town’s approval.
d. The property owner(s) shall develop a maintenance and replacement schedule for the stormwater treatment facilities that describes maintenance frequency and responsibility. This maintenance schedule shall be included with the approved Stormwater Treatment Facilities Maintenance Agreement.
e. The property owner(s) shall reimburse the Town for the cost of site inspections required under the Municipal Regional Permit. f. The property owner(s) shall authorize Town Staff to perform maintenance and/or repair work and to recover the costs from the property owner in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety.

93. STORMWATER MANAGEMENT FACILITIES INSPECTION – Prior to final inspection, the Applicant must facilitate the testing of all stormwater facilities by a certified QSP or QSD to confirm the facilities are meeting the minimum design infiltration rate. All tests shall be made at on 20 ft x 20 ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the Town Engineer. All soil properties for all stormwater facilities shall be evaluated by the geotechnical engineer.

Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50 percent safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of the stormwater treatment facilities.

94. LANDSCAPE MAINTENANCE AGREEMENT – The Applicant shall enter into a Landscape Maintenance Agreement with the Town of Los Gatos in which the Applicant agrees to maintain the vegetated areas along the project’s Los Gatos Boulevard and Garden Lane frontages located within the public right-of-way. The agreement must be executed and accepted by the Town Attorney prior to the issuance of any occupancy permit.

95. EMERGENCY RESPONDER RADIO COVERAGE – All new buildings, including parking garages and hospitals, shall have approved radio coverage for emergency responders throughout their interiors. Prior to issuance of the final occupancy permit, the Applicant shall conduct a radio signal survey demonstrating compliance with Section

ITEM NO. 1.
510 of the California Fire Code and the applicable provisions of NFPA 72 (National Fire Alarm and Signaling Code) and NFPA 1221 (Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems). Radio coverage must meet a minimum signal strength of -95 dBm, ensuring at least 95 percent coverage throughout general building areas and 99 percent coverage within critical areas, as defined by these standards. If the survey shows inadequate coverage, the Applicant shall install an approved Emergency Responder Radio Coverage System (ERRCS), such as an FCCcertified signal booster or distributed antenna system (DAS), meeting the requirements of the California Fire Code and referenced NFPA standards. All ERRCS installations must include battery backup, monitoring systems, and shall be tested and approved by the Fire Marshal (or designee) prior to occupancy.

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE

CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

96. PROJECT CONSTRUCTION SETUP – All storage and office trailers will be kept off the public right-of-way.

97. PUBLIC WORKS CONSTRUCTION NOTICE – The contractor shall notify the PPW Inspector at least ten (10) working days prior to the start of any construction work. At that time, the Contractor shall provide an initial project construction schedule and a 24-hour emergency telephone number list.

98. PROJECT CONSTRUCTION SCHEDULE – The contractor shall submit the project schedule in a static PDF 11”x17” format and Microsoft Project, or an approved equal. The Contractor shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated monthly and submitted to the PPW Inspector in the same formats as the original.

99. PROJECT CONSTRUCTION HANDOUT – The Contractor shall provide to the Town Engineer an approved construction information handout for the purpose of responding to questions the Town receives regarding the project construction. 100. PROJECT CONSTRUCTION SUPERVISION – The Contractor shall always provide a qualified supervisor on the job site during construction. 101. PUBLIC WORKS CONSTRUCTION INSPECTION – All work shown on the Improvement Plans shall be inspected to the approval of the Town Engineer. Uninspected work shall be removed as deemed appropriate by the Town Engineer.
102. PROJECT CONSTRUCTION HOURS – Construction activities related to the issuance of any PPW permit shall be restricted to the weekday between 8:00 a.m. and 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. No work shall be done on Sundays or on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under Encroachment Permit may be performed on the weekend unless prior approvals have been granted by the Town Engineer. The Town Engineer may apply additional construction period restrictions, as necessary, to

ITEM NO. 1.
accommodate standard commute traffic along arterial roadways and along school commute routes. Onsite project signage must state the project construction hours. The permitted construction hours may be modified if the Town Engineer finds that the following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project without an unreasonable impact to the neighborhood. b. Permitting extended hours of construction is required to accommodate a construction requirement such as a large concrete pour or major road closure. Such a need would be presented by the project's design engineer and require approval of the Town Engineer.
c. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant environmental impacts. e. The contractor or property owner will notify residential and commercial occupants of adjacent properties of the modified construction work hours. This notification must be provided three days prior to the start of the extended construction activity. f. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
g. The Town Engineer may revoke the extended work hours at any time if the contractor or owner of the property fails to abide by the conditions of extended work hours or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
h. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
103. PROJECT CONSTRUCTION BMPs – All construction activities shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinances, the project specific temporary erosion control plan, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 104. PROJECT CONSTRUCTION EXCAVATION – The following provisionsto control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
a. All construction vehiclesshould be properly maintained and equipped with exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour. c. 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.

ITEM NO. 1.
d. 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 ensure proper control of blowing dust for the duration of the project.
e. Watering on public streets and wash down of dirt and debris into storm drain systems is prohibited. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the PPW Inspector, 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. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the Town Engineer. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be coordinated with the San Jose Water Company. f. 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 Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions in excess of 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
h. Site dirt shall not be tracked into the public right-of-way and shall be cleaned immediately if tracked into the public right-of-way. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. i. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. j. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
k. Prior to issuance of any permit, the Applicant shall submit any applicable pedestrian or traffic detour plans to the satisfaction of the Town Engineer for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of- way.
l. During construction, the Applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town Engineer.
m. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The Applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer.

ITEM NO. 1.
105. MATERIAL HAULING ROUTE AND PERMIT – For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the Applicant shall submit a truck hauling route that conforms to Town of Los Gatos Standards for approval. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project unless otherwise approved by the Town Engineer, shall be Los Gatos Boulevard to Highway 85 or Lark Avenue to Highway 17. A letter from the Applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer. The Applicant must provide an approved method of cleaning tires and trimming loads on site. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval.
106. PROJECT CLOSE-OUT – Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met, and all improvements are complete. All work must be completed to the satisfaction of the Planning Director and Town Engineer prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, storm drainage, underground utilities, etc., shall be completed and attested to by the Town Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, including those for water and sanitary sewer services, such installation shall be verified as having been completed and accepted by those agencies. In addition, the Applicant shall submit an itemized final quantities list of all public improvements constructed on-site and within the public right-of-way. The final quantities list shall be prepared by the project engineer and be to the approval of the Town Engineer. The final quantities list shall be broken out into on-site and off-site improvements based on the format provided by the Town. Until such time as all required improvements are fully completed and accepted by Town, the Applicant shall be responsible for the care, maintenance, and any damage to such improvements.

Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Applicant.
107. HOLIDAY CONSTRUCTION MORATORIUM – Due to concerns for business impacts during the holiday season (defined as starting the Monday of Thanksgiving week through January 1), there shall be no construction activities within the right-of-way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the Town

ITEM NO. 1.

Engineer.
108. CONSTRUCTION WORKER PARKING – The Applicant shall provide a Construction Parking Plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Town Engineer prior to issuance of Town permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the Town permits. 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). 109. SITE WATER DISCHARGE – In accordance with the Town Code, Prohibition of Illegal Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may approve in coordination West Valley Sanitation District the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the Town Engineer.

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES.
110. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) – Post construction storm water pollution prevention requirements shall include:
a. The Applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private stormwater facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair if the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the Applicant’s property by Town staff will be charged to the Applicant at the Town’s adopted fully loaded hourly rates.
b. Maintenance of the storm drain inlets “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum-based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. d. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with

ITEM NO. 1.
permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.

TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
111. GENERAL: Construction documents shall be consistent with the approved entitlement plans and Santa Clara County Fire Department AMMR PC 24-4857. Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements 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.
112. MODIFIED FIRE SPRINKLERS REQUIRED: (As Noted on Sheet PI-1 and approved AMMR PC 24-4857) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE:

The 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 Sec. 903.2. Make a note on building permit set cover sheet that an approved AMMR is included and an upgraded sprinkler system will be installed.

A copy of the Alternate Means/Methods application form, with approval signature, and these comments shall be made part of the building permit drawing set, to be routed to Santa Clara County Fire Department for final approval.
113. FIRE ALARM REQUIREMENTS: (As Noted on Sheet PI-1) Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72. Submit shop drawings (3 sets) and a permit application to the SCCFD for approval before installing or altering any system. Call (408) 341-4420 for more information.
114. BUILDINGS AND FACILITIES ACCESS: (As Noted and consistent with Sheet C-8 and AMMR PC 24-4857) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1]. 115. FIRE APPARATUS (AERIAL) ACCESS ROADWAYS: (AMMR PC24-4857 approved) Where the

ITEM NO. 1.
vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be provided per AMMR PC 24-4857. For purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Exception: Where approved by the fire code official, buildings of Type IA, Type IB or Type IIA construction equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and having firefighter access through an enclosed stairway with a Class I stand pipe from the lowest level of fire department vehicle access to all roof surfaces. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height.

Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1]. 116. FIRE APPARATUS (ENGINE) ACCESS ROADWAYS: (As Noted on Sheet C-8) Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 30 feet inside, 50 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
117. TURNING RADIUS: (As Noted on Sheet C-8) The minimum inside turning radius is 30 feet and outside turning radius is 50 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.
118. REQUIRED FIRE FLOW: The fire flow for this project is 4000 GPM at 20 psi residual pressure. If an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 3000 GPM at 20 psi residual pressure. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1.
119. PUBLIC FIRE HYDRANT REQUIRED: (As Noted on Sheet C-8) Provide a public fire hydrant at a final location to be determined jointly by the Fire Department and San Jose Water Company. Maximum distance of 315 feet from the building frontage, 500 ft between hydrants and a maximum of 100 feet from the FDC, with a minimum hydrant flow of 3000 GPM @ 20 psi residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C.
120. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C-8) The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100

ITEM NO. 1.
feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard].
121. GROUND LADDER ACCESS: (As Noted on Sheets FE) Ground-ladder rescue from second and third floor rooms with egress windows, shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9. Ladder access (one for each emergency egress window) of an all- weather supportive surface along with an approved access walkway leading from the fire apparatus access road to them, shall be provided.
122. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). [2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7].
123. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7.

Provide appropriate notations on subsequent plan submittals, as appropriate to the project. [CFC Chp. 33].
124. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
125. FIRE LANES REQUIRED: (As Noted on Sheet C-8) The minimum clear width of fire department access roads shall be 20 feet. The minimum outside turning radius is 50

ITEM NO. 1.
feet for required circulating access roadways. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code.
126. PARKING: When parking is permitted on streets, in both residential/commercial applications, it shall conform to the following:
a. Parking is permitted both sides of the street with street widths of 36 feet or more b. Parking is permitted on one side of the street with street widths of 28 – 35 feet c. No parking is permitted when street widths are less than 28 feet NOTE: Fire lane and turnaround striping shall be provided and verified by site inspection. 127. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction.

A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].

ITEM NO. 1.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Attorney and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 04/23/2025
ITEM NO: 6
DATE: April 18, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Demolish Existing Commercial Structures, Construct a Multi-Family Live/Work Development (55 Units), a Conditional Use Permit for a Live/Work Development, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees, Under Senate Bill 330 (SB 330) on Property Zoned CH:HEOZ.

Located at 15349-15367 Los Gatos Boulevard. APNs 424-19-048 and 424-19- 049. Architecture and Site Application S-24-015, Conditional Use Permit U-24- 006, Subdivision Application M-24-008. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable. Property Owner: Jonathan Peck. Applicant:

City Ventures. Project Planner: Sean Mullin.

RECOMMENDATION:

Consider a request for approval to demolish existing commercial structures, construct a multifamily live/work development (55 units), a conditional use permit for a live/work development, a condominium vesting tentative map, site improvements requiring a Grading Permit, and removal of large protected trees, under SB 330 on property zoned CH:HEOZ, located at 15349- 15367 Los Gatos Boulevard.

PROJECT DATA:

General Plan Designation: Mixed Use Commercial
Zoning Designation: CH:HEOZ, Restricted Highway Commercial, Housing Element Overlay Zone
Applicable Plans & Standards: General Plan; Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development
Parcel Size: 68,151 square feet (1.56 acres)
Surrounding Area:

ITEM NO. 1.

PAGE 2 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
CEQA:

An Initial Study (Exhibit 1) was prepared for the project concluding that additional environmental review is not necessary pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, since the proposed project’s environmental impacts were adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as applicable.

FINDINGS:
 As required, additional environmental review is not necessary pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, since the proposed project’s environmental impacts were adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as applicable;
 As required that the project is consistent with the General Plan;  As required by Section 66474 of the Subdivision Map Act;  As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit;  The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the waivers requested pursuant to State Density Bonus Law;  The project meets the Town of Los Gatos Objective Design Standards for Qualifying MultiFamily and Mixed-Use Residential Development except for the waivers requested pursuant to State Density Bonus Law;
 As required by State Density Bonus Law for granting a concession pursuant to California Government Code Section 65915 (d) and for granting waivers pursuant to California Government Code Section 65915 (a)(2); and
 As required by California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law.

CONSIDERATIONS:
 As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application.

Existing Land Use General Plan Zoning
North Commercial Mixed Use Commercial CH
South Commercial Mixed Use Commercial CH:HEOZ
East Commercial/Health
Care
Mixed Use Commercial CH:PD
West Single-Family
Residential
Low Density Residential R-1:8

ITEM NO. 1.

PAGE 3 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
ACTION:

The Planning Commission will provide a recommendation to the Town Council who will render the final decision on the proposal.

BACKGROUND:

Senate Bill 330
The Housing Crisis Act of 2019, or SB 330, became effective on January 1, 2020, and will remain in effect until it sunsets on January 1, 2030. SB 330 provides an expedited review process for housing development projects and offers greater certainty by allowing an optional vesting opportunity through the Preliminary Application process. Submittal of a Preliminary Application allows a developer to provide a specific subset of information on the proposed housing development ahead of providing the full amount of information required by the Town for a housing development application. Once the preliminary application is “deemed submitted” and payment of the permit processing fee is made, a vesting date is established, freezing the applicable fees and development standards that apply to the project while the applicant assembles the rest of the materials necessary for a full application submittal. Eligible projects are exempt from discretionary review and must be consistent with objective zoning and design standards. The statute requires that a final decision be made in no more than five public hearings, including appeals. The SB 330 preliminary application for this project achieved a vesting date of April 30, 2024.

State Density Bonus Law
State Density Bonus Law (SDBL) created a mechanism to obtain more favorable development requirements for projects with affordable or senior units. To meet the affordable housing goals, developers are entitled to a density bonus that corresponds to specified percentages of units set aside for very-low, low, or moderate-income households. In addition to the density bonus, SDBL provide three provisions that must be granted to qualifying projects:

1. One or more concession that provides cost reductions for the development. Under the law, a concession includes a reduction in site development standards and/or regulations when such regulations potentially make the project economically infeasible for the developer to build. These can include a reduction in site development standards or modification of zoning or architectural design requirements that exceed minimum building standards. The number of allowed concessions is determined on a sliding scale based on the percentage of units that will be set aside as affordable units and the household income category of those affordable units.

2. Waivers are reductions or modifications of any development standards and other regulations that would physically preclude the development of a project at the density permitted. Development standards include, but are not limited to, height limitations, setback requirements, FAR, open space requirements, or parking requirement that apply to

ITEM NO. 1.

PAGE 4 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
a residential development pursuant to any ordinance, general plan element, policy, resolution, or regulation. There is no limit in the number of waivers an applicant can request through SDBL.

3. Reductions in parking requirements based on the number of bedrooms in each unit.

The proposed project qualifies for a density bonus and all associated provisions under the SDBL.

Housing Accountability Act - Builder’s Remedy
The California Legislature adopted the Housing Accountability Act (HAA) to "significantly increase the approval and construction of new housing for all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects" [Gov. Code § 65589.5(a)(2)(K)]. It is the policy of the state that the HAA "be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing." [Gov. Code § 65589.5(a)(2)(L)]. The "Builder's Remedy" provision of the HAA specifically prohibits a local agency from relying on inconsistency with zoning and general plan standards as a basis for denial of a qualifying housing development project unless the agency has adopted a sixth cycle housing element in substantial compliance with State law by January 31, 2023. The Town’s Sixth Cycle Housing Element was certified by HCD on July 10, 2024. The preliminary application for this project achieved a vesting date of April 30, 2024, prior to certification of the Town’s Housing Element. Therefore, the project is eligible for the Builder's Remedy; however, the applicant has not invoked Builder’s Remedy. Therefore, this is not a Builder’s Remedy project and all deviations from the Town’s standards included in the project are requested exclusively through SDBL.

Project Site
The subject property consists of two lots totaling 1.56 acres located on the west side of Los Gatos Boulevard, approximately 160 feet south of the intersection with Garden Lane (Exhibit 4).

The property is a through lot, having frontage on both Los Gatos Boulevard and Garden Lane and the existing commercial developments are accessed from Los Gatos Boulevard. The property is almost completely developed having a variety of trees along the Garden Lane property line and several street trees along Los Gatos Boulevard. The property is relatively flat, with only five feet of elevation change from north to south. The southern lot is developed with the Genuine Automotive service center and the northern lot is developed with a multi-suite commercial retail building. The property has a General Plan designation of Mixed Use Commercial and is zoned CH:HEOZ, or Restricted Commercial Highway with a Housing Element Overlay Zone (HEOZ). The HEOZ overlay is applied to sites included in the Sites Inventory of the Housing Element and modifies development standards such as density, lot coverage, FAR, and height. The HEOZ became effective on December 21, 2023. The preliminary application under SB 330 was deemed submitted on April 30, 2024, establishing the vesting date for the application. Therefore, the application is subject to the provisions of the HEOZ, including minimum density.

ITEM NO. 1.

PAGE 5 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
On May 16, 2024, the applicant submitted a formal application, within 180-days of the established vesting date as required by state law.

On February 6, 2025, the applicant submitted application materials that were deemed complete through the Town’s technical review process within the timelines prescribed by state law. On March 5, 2025, the application was deemed consistent with applicable Town standards and ready for consideration through the Town’s public hearing process.

The application includes a Vesting Tentative Map, requiring approval by the Town Council pursuant to Town Code Section 29.10.020. The applicant seeks a recommendation on the development proposal from the Planning Commission to the Town Council, who will render the final decision on the project.

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject property consists of two lots totaling 1.56 acres located on the west side of Los Gatos Boulevard, approximately 160 feet south of the intersection with Garden Lane (Exhibit 4). The property is a through lot, having frontage on both Los Gatos Boulevard and Garden Lane with the existing commercial developments accessed from Los Gatos Boulevard. The property is almost completely developed and includes a variety of trees in various states of health and condition along the Garden Lane frontage. The property is relatively flat, with only five feet of elevation change from north to south. The southern lot is developed with the Genuine Automotive service center and the northern lot is developed with a multi-suite commercial building. The Rotten Robbie gas station is located to the north and a multi-suite commercial building is located to the south. Single-family residences are located to the west, across Garden Lane, and Sutter Health is located to the east across Los Gatos Boulevard.

B. Project Summary
The applicant proposes demolition all commercial structures and construction of a multifamily live/work development consisting of 55 units distributed among five separate buildings (Exhibit 16). The applicant submitted a Project Description Letter (Exhibit 5) and Letter of Justification (Exhibit 6) discussing the project. New private alleys would provide circulation through the site, taking access from two locations on the east side of Garden Lane. Only pedestrian access from Los Gatos Boulevard will be provided. The proposed project also includes a right-of-way dedication of three feet along the Garden Lane frontage and frontage improvements along Los Gatos Boulevard and Garden Lane. Of the 55 proposed units, 8 units would be designated as Below Market Price units.

ITEM NO. 1.

PAGE 6 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
C. Zoning Compliance
The property is zoned CH:HEOZ, or Restricted Highway Commercial with a HEOZ overlay.

The CH zone is intended for development of vehicular-oriented activities and sales along highway frontages, intermingled with compatible retail, service and administrative activities. Residential uses are only allowed in the CH zone within a mixed-use or live/work development with approval of a Conditional Use Permit (CUP). The applicant proposes a multi-family live/work development requiring approval of a CUP. The dedicated live/work units are two-bedroom units situated along Los Gatos Boulevard. The Town Code does not define live/work units; therefore, the applicant’s proposed interpretation of live/work units appears consistent with the zoning regulations and would be permissible with approval of a CUP.

The HEOZ overlay modifies development standards such as density, lot coverage, FAR, and height. The proposed project meets the minimum required density under the HEOZ overlay and complies with FAR and height standards. Lot coverage standards do not apply to this property.

The applicant requests a number of waivers to Town standards through SDBL, as well as one concession. The requested waivers and concession are discussed below.

DISCUSSION:

A. Architecture and Site Analysis
The project includes 55 units distributed among five buildings (Exhibit 16). The unit types include studio, two, and three bedrooms floor plans. The buildings would range from six to 15 attached dwelling units in a townhouse configuration, each served by private roadways and alleys. A summary of the unit types and buildings is provided on sheet PI-1 of Exhibit 16.

A Project Description Letter and Letter of Justification discussing the project are included as Exhibits 5 and 6.

B. Building Design
The project includes an architectural vernacular incorporating the traditional forms and materials found throughout the Town (Exhibit 16, Sheet MB-1). The buildings are three stories tall with maximum heights ranging from 41 feet, six inches to 45 feet, where 45 feet is the maximum allowed through the HEOZ overlay. Exterior materials include composition roof shingles; lap, shingle, and board and batten Hardieboard siding; vinyl windows; and wood railings. The well-articulated forms used on the five buildings is consistent and the distribution of the siding materials is varied to differentiate each building and emphasize the identity of the individual units.

ITEM NO. 1.

PAGE 7 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
Review by the Town’s Consulting Architect is typically required for Architecture and Site applications. For this application, it should be noted that the feedback provided by the Consulting Architect is subjective in nature and should not be used as the basis for a decision since the Town’s review is limited to objective standards only, pursuant to SB 330.

The Town’s Consulting Architect reviewed the proposed project and provided feedback and recommendations (Exhibit 7). The Consulting Architect noted the challenge posed by the constraints of the site and the need to meet the minimum density applicable to the property with sympathy to the Town’s small scale and character. The Consulting Architect discussed issues and concerns related to guest parking, internal pedestrian circulation, site edge landscaping, façade massing, setbacks along Los Gatos Boulevard, roof slopes, and façade articulation and materials. The Consulting Architect made recommendations on following topics:

1. Guest parking and internal pedestrian circulation;

2. Los Gatos Boulevard frontage;

3. Garden Lane frontage;

4. Façade roof slopes; and

5. Façade articulation and materials.

The applicant submitted a letter responding to these recommendations and summarizing design changes that were made (Exhibit 8).

C. Height
The buildings are three stories tall with maximum building heights ranging from 41 feet, six inches to 45 feet, where 45 feet is the maximum allowed in the CH zone with the HEOZ overlay. A summary of the proposed building heights is provided in the following table.

Building Height Summary
Building Maximum Height Proposed Maximum Height Allowed A 45’– 0”
45 feet
pursuant to the
HEOZ overlay
B 42’– 0”
C 42’– 10”
D 42’– 4”
E 42’–0”
Subdivision and Site Design
The project includes a vesting tentative map for condominium purposes (Exhibit 16, Sheet C-2). The subdivision design creates a single lot that accommodates the five buildings and easements for private alleys, public service, emergency vehicle access, and sanitary sewer.

Additionally, the subdivision includes a three-foot right-of-way dedication along Garden Lane as required by the Town.

ITEM NO. 1.

PAGE 8 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
The proposed development would take access at two points along Garden Lane (Exhibit 16, Sheet C-4). Vehicular access to the property would no longer be provided from Los Gatos Boulevard, where only limited pedestrian access would be accommodated. Vehicular circulation through the site would be provided via private alleys in a U-shaped configuration connecting the two access points at Garden Lane. A guest parking area would be provided on the north end of the site.

The five buildings would be sited adjacent to the alleys, while addressing both Los gatos Boulevard and Garden Lane. Building A would parallel Los Gatos Boulevard and Alley B, providing a strong street presence along Los Gatos Boulevard. Building B would be situated along the south property line and adjacent to Alley A, at an angle to Garden Lane. Buildings C and D would be adjacent to Alleys A and C respectively and would frame the common green space between the buildings and adjacent to Garden Lane. Building D would be adjacent to Alley C and the guest parking area to the north. The private garages in the five buildings would be directly accessible from the proposed alleys.

In addition to private yards and balconies, the primary open space provided on the site is located between Buildings C and D, adjacent to Garden Lane (Exhibit 16, Sheet L1). The space provided for community recreation spaces exceeds the Town Code and ODS requirements for such spaces. The conceptual landscape plan shows that trees, shrubs, and other plantings would be distributed throughout the site.

D. Grading and Retaining Walls
The Preliminary Grading Plan included as Sheet C-5 of Exhibit 16 provides information regarding earth movement and the location and height of retaining walls. The grading activities would adjust the elevations of the site to accommodate the five buildings, alleyways, parking areas, and other site amenities. The maximum proposed grading depths include up to 8.3 feet of cut and 0.5 feet of fill. Preliminary cumulative grading quantities total 16,974 cubic yards, well above the 50 cubic yard threshold for requirement of a Grading Permit. The Town’s Parks and Public Works Engineering staff have included a condition of approval requiring submittal and evaluation of a Grading Permit in parallel with the required Building Permits (Exhibit 3).

One retaining wall is proposed along the south property line with a maximum height of six feet. The retaining wall would be approximately 300 feet long without a break or change in direction, which does not meet the ODS that retaining walls not run in a continuous direction for more than 50 feet without a break, offset, or landscape pocket. The applicant has requested a waiver to this standard through SDBL and provided justification for the request in Exhibit 9.

ITEM NO. 1.

PAGE 9 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
E. Transportation Analysis
A Transportation Study was prepared by Hexagon Transportation Consultants, Inc. (Exhibit 1, Appendix H) for the proposed project. As noted in the study, Town Council designated the use of Vehicle Miles Traveled (VMT) as the metric for conducting transportation analyses pursuant to CEQA and establishing the thresholds of significance to comply with Senate Bill 743 (Resolution 2020-045). Consistent with State CEQA Guidelines Section 150643, the Town of Los Gatos has adopted thresholds of significance to guide in determining when a land use project will have a significant transportation impact. The Traffic Study concludes that the project is consistent with the Town’s Housing Element and General Plan; therefore, a VMT analysis is not required for the project. However, the Housing Element and General Plan require all projects consistent with them to implement applicable VMT reduction measures in accordance with General Plan EIR Mitigation Measure T-1. The project would need to implement a TDM plan in accordance with the General Plan TDM policy (Policy MOB-1.1).

The project will provide two high visibility crosswalks at the Garden Lane/Oak Park Drive intersection, install a new curb ramp on the south side of Garden Lane for the new crosswalk, provide a curb extension to reduce the Garden Lane crossing distance, and provide a detached sidewalk along the Garden Lane frontage. The project will also contribute to the planned Townwide Class IV protected bike lane improvement on Los Gatos Boulevard. These improvements would help reduce area VMT.

In addition to the VMT analysis, the Traffic Study provides a trip generation analysis based on the Institute of Transportation Engineer’s (ITE) Trip Generation Manual (2021). The Traffic Study estimated that the proposed project would generate 266 new daily trips over existing conditions, including 22 new trips (4 inbound and 18 outbound) during the AM peak hour, and 9 new trips (6 inbound and 3 outbound) during the PM peak hour. The intersection level of service analysis shows that with the project traffic, the study intersections would continue to operate at acceptable levels of service and experience no queuing issues.

The Traffic Study included recommended conditions of approval, which have been included in Exhibit 3.

F. Parking
Based on the vesting date of the application, the applicable Town Code requirements for parking in a multi-family residential project are one and one-half spaces for each unit, plus one space per unit for guest parking. This equates to 83 parking spaces and 55 guest parking spaces, a total of 138 parking spaces. Since the project qualifies under SDBL, the applicant has selected to utilize the reduced parking requirements from the statute, which supersede the Town’s. Through SDBL, the parking requirement is 79 total spaces with no guest parking

ITEM NO. 1.

PAGE 10 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
requirement. The proposed project includes 88 spaces accommodated in the private garages and nine guest parking spaces.

G. Tree Impacts
There are approximately 59 existing trees in the vicinity of the development. The development plans show that all 59 trees would be removed, 55 of which are protected trees, and one is a large protected tree under the Town Code. Based on the canopy size of the protected trees proposed for removal, approximately 119 24-inch box trees would need to be planted onsite to offset the removal. The applicant has the option to request in-lieu payment for any required replacement trees that cannot be accommodated on site. The preliminary landscape plan shows that 50 trees are proposed on site, 19 of which would qualify as replacement plantings being 24-inch box trees (Exhibit 16, sheet L3.) The applicant submitted an Arborist Report for peer review by the Town’s Consulting Arborist. Following several rounds of review, the revised Arborist Report from the applicant was confirmed to meet the Town’s requirements by the Consulting Arborist. The Arborist Report for the project is included as Exhibit 10. Since all trees are proposed for removal, tree protection measures are not required.

H. Below Market Price (BMP) Units
The proposed project includes a total of 55 units, eight of which would be designated as affordable units. The Town’s BMP ordinance and guidelines requires that multi-family residential developments with 20 to 100 market rate units provide a number of BMP units as determined by the formula included in Town Code Section 29.10.3025 (b)(2). The project includes 47 market rate units, requiring a minimum of eight BMP units. The proposed eight BMP units meets the Town’s BMP requirements.

Sheet PO-2 provides that four units would be dedicated as moderate-income and four would be dedicated as low-income. As required by the BMP Guidelines, the moderateincome units will be restricted to those whose income is above 80 percent, but no greater than 120 percent of the median area income, and the low-income units will be restricted to those whose income is above 50 percent, but no greater than 80 percent of the median area income. Conditions of approval are included in Exhibit 3 pertaining to the provision and sale of the BMP units.

I. Live/work units
The property is zoned CH:HEOZ, which allows residential uses within a mixed-use or live/work development with approval of a CUP. The applicant proposes a multi-family live/work development and requests approval of a CUP. The four live/work units are located in Building A with frontage along Los Gatos Boulevard. The Town Code does not provide a definition for live/work units. The applicant provides in their Letter of Justification that the

ITEM NO. 1.

PAGE 11 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
designated live/work units are desirable in that they provide opportunities for housing that can accommodate the needs, preferences, and financial capabilities of current and future residents in terms of different housing types, tenures, density, size, and costs pursuant to General Plan Policy LU-2.2 and LU-6.7 (Exhibit 6). Additionally, the applicant indicates that live/work units along Los Gatos Boulevard will contribute to the economic vitality of the area, providing opportunities for entrepreneurship and creativity.

J. State Density Bonus Law Concession and waivers
As discussed above, through SDBL, qualifying projects are entitled to a density bonus, as well as concessions, waivers, and parking reductions. The proposed project is entitled to one concession, unlimited waiver requests, and reduced parking requirements.

The property is zoned CH:HEOZ. Residential uses are only allowed in the CH zone within a mixed-use or live/work development with approval of a CUP. The applicant applied for a CUP for a live/work development.

As discussed above, the project includes eight BMP units, meeting the Town Code requirements. The applicant requests a concession to the requirements included in the Town’s BMP Guidelines. The BMP Guidelines requires that the BMP units be consistent to the market rate units in bedroom count, unit size, exterior appearance, location, and provided parking. The applicant provided a Letter of Justification that details the requested concession, indicating that the BMP units have been curated with affordability in mind and are consistent with the BMP Guidelines for exterior appearance, location, and provided parking (Exhibit 6). The BMP units include studio and two-bedroom floor plans, but do not include any three-bedroom floor plans. Regarding unit size, the market rate units range in size from 282 to 1,569 square feet, while the BMP units range in size from 328 to 947 square feet.

A Letter of Justification discussing the waivers to development standards requested by the applicant and why they are needed to construct the project Is included as Exhibit 9. The findings for granting concessions and waivers pursuant to SDBL are included in Exhibit 2.

K. No Net Loss Law
Pursuant to Government Code Section 65863 (No Net Loss Law), the Town must maintain adequate capacity in the Housing Element to accommodate its remaining unmet Regional Housing Needs Assessment (RHNA) by each income category at all times throughout the entire planning period. To comply with the No Net Loss Law, as the Town makes decisions regarding zoning and land use, or development occurs, the Town must assess its ability to accommodate new housing within the remaining capacity of the Housing Element. If the Town approves a development of a parcel identified in the Housing Element with fewer units than anticipated, the Town must either make findings that the remaining capacity of the Housing Element is sufficient to accommodate the remaining unmet RHNA by each

ITEM NO. 1.

PAGE 12 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
income level, or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category. The Town may not disapprove a housing project on the basis that approval of the development would trigger the identification or zoning of additional adequate sites to accommodate the remaining RHNA.

As described in the table below, the project provides fewer Very Low, Low, and Moderate Income units than anticipated in the Sites Inventory of the Housing Element, but more Above Moderate Income units, producing a net cumulative gain of nine units for the site.

No Net Loss Evaluation
Evaluation of the Proposed Project’s Impact on the Anticipated Development Potential Assumed in the Housing Element Site Inventory for the Subject Property
Units by Income Category
Very Low Low Moderate Above
Moderate
Net Total
Anticipated Development
Potential Included in the Sites
Inventory of the Housing
Element 19 9 9 9 46
Proposed Project 0 4 4 47 55
Net Site-Level Impact from the
Proposed Project to Housing
Element Assumed
Development Potential -19 -5 -5 +38 +9
Following the Town Council’s approval of the project located at 50 Los Gatos-Saratoga Road (Los Gatos Lodge) on March 4, 2025, the capacity of the Housing Element and the remaining RHNA were adjusted to reflect the approval. The table shows that the cumulative impact of the proposed project on the remaining capacity of the Housing Element allows the Town to maintain a positive surplus in each income category. The remaining capacity of the Housing Element is adequate to meet the Town’s remaining RHNA requirements. The No Net Loss findings can be made (Exhibit 2), and the Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

ITEM NO. 1.

PAGE 13 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
No Net Loss Evaluation
Evaluation of the Proposed Project’s Impact on the
Remaining Cumulative Housing Element Sites Inventory Surplus Units by Income Category
Very Low Low Moderate Above
Moderate
Net Total
Remaining Housing Element
Sites Inventory Surplus 71 41 39 122 273
Net Site-Level Impact from the
Proposed Project to Housing
Element Assumed
Development Potential -19 -5 -5 +38 +9
Remaining Housing Element
Sites Inventory Surplus with
Project Approval 52 36 34 160 282
L. Neighbor Outreach
The applicant provided a summary of their neighborhood outreach efforts, which is included as Exhibit 11.

M. CEQA Determination
The Town Council adopted the 2040 General Plan and certified the 2040 General Plan EIR on June 30, 2022. On April 2, 2024, the Town Council voted to rescind the Land Use Element and Community Design Element of the 2040 General Plan. Therefore, the Town’s current General Plan consists of the Land Use Element and Community Design Element of the 2020 General Plan, and the remaining elements of the 2040 General Plan.

CEQA Guidelines Section 15168 provides that a programmatic EIR, in this case the 2040 General Plan EIR, may serve as the EIR for subsequent activities or implementing actions, provided that it contemplates and adequately analyzes the potential environmental impacts of those subsequent activities. If the Town, as the CEQA Lead Agency, determines, pursuant to Section 15162 of the CEQA Guidelines, no Subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the programmatic EIR, and new environmental documentation would not be required. In addition, as discussed under CEQA Guidelines Section 15168(c)(2), where later activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the programmatic EIR. If additional analysis is required, it can be streamlined by tiering from this programmatic EIR.

In accordance with Sections 15168(c)(2) and 15168(c)(4) of the CEQA Guidelines, a Modified Initial Study Checklist (Exhibit 1) was prepared to provide project-level consideration of potential new or more severe significant impacts associated with the proposed project to

ITEM NO. 1.

PAGE 14 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
determine whether the project: 1) is within the scope of activities evaluated in the 2040 General Plan EIR; and 2) would trigger any of the criteria in CEQA Guidelines Section 15162.

The Modified Initial Study Checklist includes a number of project-level technical studies, including: an Air Quality and Greenhouse Gas Assessment; Biological Site Assessment Report; Arborist Report; Historic Resources Evaluation; Geotechnical Investigation; Phase I and Phase II Environmental Site Assessment; Noise Assessment; and Transportation Analysis (Exhibit 1). All technical reports were peer reviewed by the Town or the Town’s consultants.

The Modified Initial Study Checklist determined that the project’s environmental impacts have been considered in the 2040 General Plan EIR that was certified by the Town, which remains relevant, and the conditions set forth in Section 15162 are not triggered by the proposed project. In addition, the analysis determined that the proposed project is within the scope of activities evaluated in the 2040 General Plan EIR and the Environmental Analysis for the 6th Cycle Housing Element. As such, this Modified Initial Study Checklist is the appropriate environmental document for the proposed project, pursuant to CEQA Guidelines Section 15168 and no additional environmental review is necessary.

PUBLIC COMMENTS:

Project identification signage was installed on the Los Gatos Boulevard and Garden Lane street frontages by October 4, 2024, consistent with Town policy. Visual simulations were completed by the Town’s consultant and posted to the Town’s website by March 20, 2025 (Exhibit 12).

Written notice was sent to property owners and tenants within 1,000 feet of the subject property and notice of public hearing signage was installed on the street frontages by March 27, 2025, in anticipation of the Planning Commission meeting.

Staff conducted outreach through the following media and social media resources, for both the availability of the visual simulations and notice of the public hearing:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account; and
 The Town’s NextDoor page.

Public comments received by 11:00 a.m., Friday, April 18, 2025, are included as Exhibit 15.

CONCLUSION:

A. Summary
The applicant is requesting approval of Architecture and Site, Conditional Use Permit, and Subdivision applications to demolish existing commercial structures, construct a multifamily live/work development (55 units), a Conditional Use Permit for a live/work

ITEM NO. 1.

PAGE 15 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
development, a condominium vesting tentative map, site improvements requiring a Grading Permit, and removal of large protected trees, under SB 330 on property zoned CH:HEOZ, located at 15349-15367 Los Gatos Boulevard. As detailed above, the application was submitted and is being processed under SB 330. The project qualifies for a concession and unlimited waivers under SDBL. The project is eligible for the Builder's Remedy; however, the applicant has not invoked the Builder’s Remedy. Therefore, this is not a Builder’s Remedy project and all deviations from the Town’s standards included in the project are requested exclusively through SDBL for which the applicant provided justification addressing the required findings for each.

B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found with the proposed project, forward a recommendation that the Town Council approve the Architecture and Site, Conditional Use Permit, and Subdivision applications by taking the following actions:

1. Make the finding that additional environmental review is not necessary pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, since the proposed project’s environmental impacts were adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as applicable (Exhibit 2);

2. Make the finding that the project is consistent with the General Plan (Exhibit 2);

3. Make the finding that the proposed project complies with Section 66474 of the State Subdivision Map Act and make affirmative findings to approve the subdivision (Exhibit 2);

4. Make the findings as required by Section 29.20.190 of the Town Code for granting a CUP (Exhibit 2);

5. Make the finding that the project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the concession and waivers requested pursuant to State Density Bonus Law (Exhibit 2);

6. Make the finding that the project meets the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development except for the waivers requested pursuant to State Density Bonus Law (Exhibit 2);

7. Make the affirmative findings as required by State Density Bonus Law for granting a concession pursuant to California Government Code Section 65915 (d) and for granting waivers pursuant to California Government Code Section 65915 (a)(2) (Exhibit 2);

8. Make the findings that the proposed project complies with California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law (Exhibit 2); and

9. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2);

10. Approve Architecture and Site Application S-24-015, Conditional Use Permit U-24-006, Subdivision Application M-24-008 with the recommended conditions contained in Exhibit 3 and the development plans in Exhibit 16.

ITEM NO. 1.

PAGE 16 OF 16
SUBJECT: 15349-15367 Los Gatos Boulevard/S-24-015, U-24-006, and M-24-008 DATE: April 18, 2025
C. Alternatives
Alternatively, the Planning Commission can:

1. Continue the matter to a date certain with specific direction; or

2. Recommend approval of the applications with additional and/or modified conditions; or

3. Recommend denial of the applications.

EXHIBITS:

1. Final Initial Study – March 2025
(available online at https://www.losgatosca.gov/DocumentCenter/Index/2223)

2. Required Findings and Considerations

3. Recommended Conditions of Approval

4. Location Map

5. Project Description Letter

6. Letter of Justification

7. Consulting Architect’s Report

8. Applicant’s Response to Consulting Architect’s Report

9. Letter of Justification for SDBL Concession and Waivers

10. Final Arborist’s Report

11. Neighbor Outreach Summary

12. Visual Renderings

13. Objective Design Standards Checklist

14. Site Photos

15. Public comments received by 11:00 a.m., Friday, February 7, 2025

16. Development Plans

ITEM NO. 1.

C:\Users\MeetingsOfficeUser12\AppData\Local\Temp\tmp491E.tmp PLANNING COMMISSION – April 23, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
15349 – 15367 Los Gatos Boulevard Architecture
and Site Application S-24-015 Conditional Use
Permit Application U-24-006 Subdivision
Application M-24-008
Consider a Request for Approval to Demolish Existing Commercial Structures, Construct a Multi-Family Live/Work Development (55 Units), a Conditional Use Permit for a Live/Work Development, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees, Under Senate Bill 330 (SB 330) on Property Zoned CH:HEOZ. APNs 424-19-048 and 424-19-049. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable.

PropertyOwner: Jonathan Peck
Applicant: City Ventures
Project Planner: Sean Mullin

FINDINGS
Required finding for CEQA:
■ As required, additional environmental review is not necessary pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15162: Subsequent EIRs and 15168:

Program EIR, since the proposed project’s environmental impacts were adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as applicable.

Required finding for consistency with the Town’s General Plan:
■ That the proposed project is consistent with the General Plan and its Elements.

Required findings to deny a Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if any of the following findings are made: None of the findings could be made to deny the application.

Instead, the Town Council makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan.

EXHIBIT 2

ITEM NO. 1.

C:\Users\MeetingsOfficeUser12\AppData\Local\Temp\tmp491E.tmp b. That the design and improvement of the proposed subdivision is consistent with all elements of the General Plan.
c. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development e. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat
f. That the design of the subdivision and type of improvements is not likely to cause serious public health problems.
g. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:

The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that:

1. The proposed use is desirable to the public convenience because it provides additional residential dwelling units with opportunities to facilitate home-based employment in the Town; and

2. The proposed use would not impair the integrity of the zone, in that the proposed use is allowed in the CH zone with the granting of the Conditional Use Permit; and

3. The proposed use would not be detrimental to public health, safety, or general welfare, as the conditions placed on the permit and existing regulations would maintain the welfare of the community; and

4. The proposed use is in conformance with the Town Code and General Plan.

Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the waivers requested pursuant to State Density Bonus Law.

Required compliance with the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development:
■ The project meets the Town of Los Gatos Objective Design Standards for Qualifying MultiFamily and Mixed-Use Residential Development except for the waivers requested pursuant to State Density Bonus Law.

ITEM NO. 1.

C:\Users\MeetingsOfficeUser12\AppData\Local\Temp\tmp491E.tmp Required for granting concession and waivers pursuant through State Density Bonus Law:

Concession(s) or incentive(s)
■ CA Government Code Section 65915:
(d) The Town shall grant concession(s) or incentive(s) requested by the applicant unless the Town makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law.

Waivers
■ CA Government Code Section 65915 (a)(2):

The Town shall grant waivers to the Town’s development standards requested by the applicant unless the Town makes a written finding, based upon substantial evidence, that the development standard for which the waiver is requested would not physically preclude the construction of the development at the densities and with the concession permitted through Density Bonus Law.

Required finding for consistency with California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law:

As required for approval of a development of any parcel with fewer units by income category than was identified in the Town’s Housing Element for that parcel:
■ The project provides fewer Very Low, Low, and Moderate Income units than anticipated in the Housing Element Sites Inventory, but more Above Moderate Income units, producing a net cumulative gain of nine units for the site. The cumulative impact of the project on the remaining capacity of the Housing Element allows the Town to maintain a positive surplus in each income category. The remaining capacity of the Housing Element is adequate to meet the requirements of Section 65583.2 and to accommodate the Town’s share of the regional housing need pursuant to Section 65584. As required by Government Code Section 65863, the following No Net Loss findings are made:

1. Remaining sites identified in the Housing Element are adequate to meet the Town’s remaining RHNA for the planning period by income category.

ITEM NO. 1.

C:\Users\MeetingsOfficeUser12\AppData\Local\Temp\tmp491E.tmp Findings: The remaining capacity of the Housing Element sites is adequate to meet the Town’s remaining RHNA with approval of this project. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

2. Include a quantification of the remaining unmet need for the jurisdiction’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level.

Findings: The remaining unmet need for the Town’s RHNA at each income level and the remaining capacity of the Housing Element is provided in the table below. The remaining capacity at each income level of the Housing Element is greater than the remaining unmet RHNA need at each income level. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

Remaining RHNA and Housing Element Capacity
Units by Income Category
Very Low Low Moderate Above
Moderate
Total
Remaining RHNA 537 290 306 648 1,781
Remaining Capacity of
Housing Element
589 326 340 808 2,063

CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the applicable considerations in review of an Architecture and Site application were all made in reviewing this project.

ITEM NO. 1.

PLANNING COMMISSION – April 9, 2025

CONDITIONS OF APPROVAL
15349 – 15367 Los Gatos Boulevard
Architecture and Site Application S-24-015
Conditional Use Permit Application U-24-006
Subdivision Application M-24-008
Consider a Request for Approval to Demolish Existing Commercial Structures, Construct a Multi-Family Live/Work Development (55 Units), a Conditional Use Permit for a Live/Work Development, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees, Under Senate Bill 330 (SB 330) on Property Zoned CH:HEOZ. APNs 424-19- 048 and 424-19-049. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable.

PropertyOwner: Jonathan Peck
Applicant: City Ventures
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:

Planning Division

1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect on June 30, 2023, and these conditions of approval conform to those ordinances, policies, and standards. This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, Development Review Committee, Planning Commission, or the Town Council depending on the scope of the changes.

2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

3. BELOW MARKET PRICE (BMP) UNIT: The developer shall provide eight (8) for-sale BMP units [four (4) low income units and four (4) moderate income units per the letter of justification letter dated February 6, 2025] to be sold at a price that is affordable to the target household income range, as required by the Town’s applicable BMP Program Guidelines and the applicable BMP Resolution. As part of the affordable housing agreement, a deed restriction shall be recorded prior to the issuance of any building permits for residential units, stating that the BMP unit must be sold and maintained as a below market price unit pursuant to the Town’s BMP Ordinance and Guidelines.

4. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building permits for

ITEM NO. 1.
residential units, the developer shall enter into an Affordable Housing Agreement with the Town for provision of the required BMP units and to facilitate their sale pursuant to the BMP Program Guidelines and BMP Resolution in place at the time of building permit issuance.

5. PHASING OF THE CONSTRUCTION OF BMP UNITS: The BMP units shall be constructed and Certificate of Occupancies secured in proportion with or prior to the construction of the market rate units.

6. OUTDOOR LIGHTING: Prior to final inspection, exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.

7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of Building and/or Grading Permits. Per Town Code Section 26.20.010 and Chapter 29, Article 1, Division 2, the developer shall obtain a tree removal permit prior to the removal of protected trees on private or Town property. The project developer shall abide by any tree replacement ratios and/or inlieu payments, tree protection measures, and best management practices required by the tree removal permit and/or within the tree removal plan as shown on Sheet C-3 consistent with the arborist report.

8. EXISTING TREES: All existing trees shown on sheet C-3 and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.

9. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits, the developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department.

These recommendations must be incorporated in the Building Permit plans and completed prior to issuance of a building permit where applicable and shall remain through all phases of construction.

10. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed as shown on the Tree Protection Plan (Sheet T-5) of the approved plans prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.

11. TREE STAKING: Prior to final inspection, all newly planted trees shall be doublestaked using rubber tree ties.

12. LANDSCAPING: Prior to issuance of the Certificate of Occupancy for the 55th unit, all landscaping must be completed.

13. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance (WELO), whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of Building and/or Grading Permits. This is a separate submittal from your Building Permit. A review deposit based on the current fee schedule adopted by the Town Council is

ITEM NO. 1.
required when working landscape and irrigation plans are submitted for review. A completed WELO Certificate of Completion Appendix C) is required prior to final inspection/certificate of occupancy.

14. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of final action on the applications.

15. ROOFTOP EQUIPMENT: Prior to final inspection, any new or modified roof mounted equipment shall be fully screened by being below the parapet.

16. WORKER ENVIRONMENTAL AWARENESS TRAINING: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to, special-status bats, and nesting birds and raptors. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which disturbance activities will occur shall be explained.

Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. A letter report documenting the completion of training shall be prepared and submitted to Town of Los Gatos, where it shall be kept on file.

17. SPECIAL-STATUS BAT SPECIES: The following measures shall be implemented to avoid loss of or harm to special-status bat species consistent with the Due Diligence Biological Site Assessment Report prepared for the proposed project:
a. A qualified biologist shall conduct a survey for special-status and common bat species within the project site and a zone of influence around the project site. The survey shall include all stands of trees and all tree hollows on the project site, and examination of any suitable openings for bats in trees or under loose bark for indirect evidence of bat use such as the presence of accumulations of invertebrate remains and/or the presence of excrement (guano) on the ground beneath such openings that would indicate roosting activity. All eaves and openings in the on-site buildings proposed for demolition shall be examined for evidence of bats. b. If bats or signs of bats are found on-site, tree trimming and/or removal shall only be conducted during seasonal periods of bat activity: between August 31 and October 15, when bats would be able to fly and feed independently, and between March 1 and April 15 to avoid hibernating bats, and prior to the formation of maternity colonies.
c. Any trees that will be removed, and that the biologist has identified as having potentially suitable bat roost habitat, shall be removed using a twoday phased removal method:
i. On day one, in the afternoon, limbs and branches shall be removed using chainsaws only. Limbs with cavities, crevices, and deep bark fissures shall be avoided.
ii. On day two, the rest of the tree shall be removed under the direct supervision of the qualified biologist.

ITEM NO. 1.
d. If tree removal must occur outside of the seasonal activity periods (i.e., between October 16 and February 28/29, or between April 16 and April 30), a qualified biologist with at least two years of experience surveying for bats shall conduct preconstruction surveys within 14 days of commencement of construction activities. If the qualified biologist finds evidence of bat presence during the surveys, then the biologist shall develop a plan for removal and exclusion, in conjunction with the California Department of Fish and Wildlife (CDFW).

18. PROTECTED NESTING BIRDS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, and consistent with the Due Diligence Biological Site Assessment Report prepared for the proposed project, preconstruction nesting bird surveys shall be conducted by a qualified biologist no more than seven days prior to any vegetation removal or ground disturbance/earthwork that would be conducted during the nesting season (February 1 through September 1) that could disturb nesting birds (i.e., ground vibrations from grading equipment). If active bird nests are identified on-site during preconstruction surveys, a non-disturbance buffer shall be established around the nesting site(s) until the young have fledged. The size of the non- disturbance buffer shall be determined by a qualified biologist depending upon the nesting birds’ sensitivity to disturbance, with buffers typically 75 feet wide for nesting passerine birds and up to 300 feet wide for nesting raptors.

19. AIR QUALITY: No permanent natural gas infrastructure shall be permitted as part of the project plans; no natural gas shall be made available through permanent natural gas infrastructure. The project shall be all electric.

Final plans for the development shall be reviewed by the Town Community Development Department prior to issuance of a building permit to ensure this performance standard is incorporated into the project design. Verification of development consistent with this performance standard shall be assured prior to approval of occupancy permits.

20. PHASE II ESA: Consistent with the Phase II ESA prepared for the project, the soil beneath the automobile service bays affected by volatile organic compounds (VOCs), measuring approximately 40 feet by 30 feet, shall be excavated to a depth of at least 10 feet. The excavated soil shall undergo confirmation soil vapor sampling following completion of soil excavation/aeriation activities and grading in order to determine whether residual vapor impacts, if any, warrant the installation of vapor mitigation systems (i.e., vapor barriers and passive venting systems) under the proposed residential construction. If soil vapor sampling determines that soil treatment would be needed, and treatment cannot be provided on-site, the soil shall be hauled off-site to a landfill. The result of the soil sample testing and the mitigation measures to be implemented shall be provided to the Town Community Development Department prior to forms/steel inspection.

21. CULTURAL/ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS: Prior to issuance of a tree removal, demolition, and/or grading permit for the project, a Secretary of the Interior-qualified archaeologist shall prepare a tribal cultural resources monitoring plan, in consultation with a culturally-affiliated Native American tribe(s). The plan shall be reviewed and approved by the Community Development Director. The plan shall

ITEM NO. 1.
include (but not be limited to) the following components:
a. Preconstruction training program for all construction and field workers involved in site disturbance: On-site personnel shall attend a mandatory pre-project training led by a Secretary of the Interior-qualified archaeologist, who shall invite a Native American representative. The training will occur prior to any ground disturbing activities and issuance of tree removal permits. The training will outline the general cultural sensitivity of the area and the procedures to follow in the event cultural materials and/or human remains are inadvertently discovered. The archaeologist will provide the following documentation to the Town of Los Gatos Planning Division: date (or dates) of the training, signatures of construction personnel at the training session(s), and materials used in the training. The applicant shall provide a copy of the contract to the Planning Division, prior to issuance of tree removal, demolition, Building, and/or Grading Permits.
b. Specifically, where monitoring will be conducted and under what circumstances, based on soil types, geology, distance to known sites, and other factors;
c. Person(s) responsible for conducting monitoring activities, including a request to the culturally-affiliated Native American tribe(s) for a tribal monitor; d. Person(s) responsible for overseeing and directing the monitor; e. How the monitoring shall be conducted and the required format and content of monitoring reports;
f. Schedule for submittal of monitoring reports and person(s) responsible for review and approval of monitoring reports;
g. Protocol for notifications in case of encountering cultural resources, as well as methods of dealing with the encountered resources (e.g., collection, identification, curation);
h. Methods to ensure security of cultural resources sites; i. Protocol for notifying local authorities (i.e. Sheriff, Police) should site looting or other illegal activities occur during construction.
j. During the course of the monitoring, the archaeologist may adjust the frequency— from continuous to intermittent—of the monitoring based on the conditions and professional judgment regarding the potential to impact resources.
k. If tribal cultural materials are encountered, all soil-disturbing activities within 50 feet in all directions of the find shall cease until the resource is evaluated. The archaeologist shall immediately notify the lead agency of the encountered resource. After making a reasonable effort to assess the identity, integrity, and significance of the encountered resource, in consultation with a culturally-affiliated Native American tribe(s), the archaeologist shall present the findings of this assessment to the Community Development Director. If the find is determined by the archaeologist to be potentially significant, the archaeologist, in consultation with the Community Development Director, a culturally-affiliated Native American tribe(s), and the developer, shall determine an appropriate treatment plan in accordance with CEQA Sections 20183.2 and 21084.3 and with CEQA Guidelines

ITEM NO. 1.

Section 15126.4(b)(3), to the extent applicable.

22. PALEONTOLOGICAL OR GEOLOGIC RESOURCES: If paleontological resources or geologic features are discovered at the project site, construction activities in the area shall be suspended, a qualified paleontologist shall be retained to examine the site, and protective measures shall be implemented to protect the paleontological resource.

Construction shall be suspended until appropriate mitigation is implemented.

23. BEST MANAGEMENT PRACTICES: The following measures shall be implemented during construction activities to reduce PM2.5 concentrations:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, with priority given to the use of recycled water for this activity when feasible. b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes (as required by the Bay Area Air Quality Management District. Clear signage shall be provided for construction workers at all access points. This requirement applies to on-site construction equipment and any off-site construction equipment queuing on or along roads within Town Limits.
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator.
h. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds on site exceed 20 mph.
i. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
j. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
k. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

24. GEOTECHNICAL REPORT AND SEISMIC DESIGN: Prior to issuance of Building and/or Grading Permits, implementation of seismic design features is required:
a. Site the development away from high risk geologic and seismic hazard zones or, if

ITEM NO. 1.
located in a high-risk zone, incorporate construction techniques or specialized technologies to reduce risk. Restrict new development and redevelopment based on the levels of risk and potential severity of geologic hazards. b. The geotechnical report Geotechnical Investigation on Proposed Residential Development at 15349 & 15367 Los Gatos Boulevard, Los Gatos, California for City Ventures (“geotechnical report”) prepared for the project by Quantum Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024 was prepared by a licensed engineering geologist and/or geotechnical engineer identifying all site geologic, seismic, and geotechnical engineering conditions and potential hazards and included appropriate design measures to mitigate potential fault ground rupture/deformation impacts to acceptable levels. The report specifies construction methods to protect existing and future residences, from identified hazards. c. A licensed geologic/geotechnical engineer shall complete the Town Geologic Hazards Checklist to demonstrate that potential hazards have been identified and that proposed structures, including grading cuts and fills, will be designed to resist potential earthquake effects.
d. Incorporate all engineering and design recommendations included in the Geotechnical Investigation on Proposed Residential Development at 15349 & 15367 Los Gatos Boulevard, Los Gatos, California for City Ventures (“geotechnical report”) prepared for the project by Quantum Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024.

25. EROSION CONTROL PLANS: Prior to issuance of Building and/or Grading Permits:
a. Provide an effective erosion control plan to minimize soil erosion. The erosion control plans shall be implemented prior to construction operations and maintained throughout the construction process.
b. Ensure that the grading of slopes and sites proposed for development will be minimized.
c. Implement bioswales and other innovations so runoff from parking lots drain into landscaped areas and rainwater percolates into the ground.

26. CONSTRUCTION NOISE:
a. Construction activities shall comply with Section 16.20.035 of the Town Code. b. Construction activities shall not result in interior residential noise levels exceeding 45 dB.
c. Appropriate site and building design, sound walls, minimum landscape buffers of five feet, and/or the use of noise attenuating construction techniques and materials be used in order to protect existing and proposed residential areas from noise, in order to reduce project construction noise and associated impacts. d. If construction equipment is located within the minimum required distances shown in Table 9 below of noise-sensitive receptors, the applicant shall implement equipment staging areas to create distance between construction-related noise sources and noise-sensitive receptors; use electric tools and facilities; use mobile construction equipment with smart back-up alarms; and implement additional

ITEM NO. 1.
noise attenuation techniques during the clearing, earth moving, grading, and foundation/conditioning phases of construction, such as temporary sound barriers between the construction site and the sensitive receptors.

27. CONSTRUCTION VIBRATION:
a. The use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration is prohibited. b. Schedule construction activities with the highest potential to produce vibration to hours with the least potential to affect nearby institutional, educational, and office uses that the Federal Transit Administration, identifies as sensitive to daytime vibration (FTA 2005).
c. Notify neighbors of scheduled construction activities that would generate vibration which would require standard conditions of approval to minimize exposure to construction vibration.
d. Potential vibration impacts of heavy equipment shall be addressed by scheduling usage of heavy equipment within the specified distances included in the table below outside of Silicon Valley MRI & CT business hours. Pursuant to the Silicon Valley MRI & CT website, the business hours are 8:30 AM to 5:00 PM, Monday through Friday.

ITEM NO. 1.

28. REUSABLE MATERIALS: All reusable materials from residential, commercial, and construction/renovation activities shall be recycled.

29. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”).

Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.

30. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.

Building Division

31. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing structures. A separate Building Permit is required for the construction of each new multi- family structure. Separate Building Permits will be required for the PV on each structure.

32. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.

33. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.

34. BUILDING & SUITE NUMBERS: Submit requests for new building addressesto the

ITEM NO. 1.

Building Division prior to submitting for the building permit application process.

35. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.

36. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application for the removal of each existing structure. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, submit the completed form to the Building Department with the Air District’s J# Certificate, PG&E verification, and 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.

37. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes. Clear signage shall be provided for construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. All non-road diesel construction equipment shall at a minimum meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification of construction schedule to adjacent residential property owners and tenants at least one week prior to commencement of demolition and one week prior to commencement of grading with a request that all windows remain closed during demolition, site grading, excavation, and building construction activities in order to minimize exposure to NOx and PM10. The on-site field supervisor shall monitor construction emission levels within five feet of the property line of the adjacent residences for NOx and PM10 using the appropriate air quality and/or particulate monitor.

38. SOILS REPORT: A Soils Report, Geotechnical Investigation on Proposed Residential Development at 15349 & 15367 Los Gatos Boulevard, Los Gatos, California for City Ventures (“geotechnical report”) prepared for the project by Quantum Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024, has been prepared containing foundation, and retaining wall design recommendations. The report shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.

39. 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

ITEM NO. 1.
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 wall(s) locations and elevations

40. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.

41. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones and public streets or sidewalks to the accessible building entrance that they serve. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall connect all accessible buildings, facilities, elements and spaces that are on the same site.

42. ACCESSIBLE PARKING: The parking lots, where parking is provided for the public as clients, guests, or employees, shall provide 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.

43. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any required sanitary sewer backwater valve on the plans and provide its location. 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.

44. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.

45. 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 and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.

46. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.

47. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010

ITEM NO. 1.
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.

TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:

Engineering Division

THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION

PLANS SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

48. THIRD-PARTY PLAN CHECK FEE AND INSPECTION FEE (Special projects only) – The Town will procure a third-party engineering firm to perform Plan Review and Inspection Services. Applicant shall provide an initial deposit of $50,000 plus a 20 percent fee to cover staff time to the Town for plan review and inspection services.

This deposit and fee are required at the time of the project building permit submittal.

Once this deposit is received, the Town will select the consultant and initiate the plan review process. The Applicant’s deposit will be charged on a time and materials basis.

A supplemental deposit will be required if the remaining deposit is expected to be exhausted prior to completion of the work. Permitted work will not be allowed to continue without available funds to complete the required inspection services. Thirdparty engineering services will be required for the duration of the construction and project closeout phases.

49. STORM DRAINAGE FEE – The Applicant shall pay Storm Drainage Fees for the future construction of drainage facilities serving new buildings, improvements, orstructures to be constructed which substantially impair the perviousness of the surface of land.

The estimated fee, based on the site area of 1.54 acres, is $8,015.70. The Applicant shall pay this fee to PPW prior to issuance of the first building permit.

50. TRAFFIC IMPACT MITIGATION FEE – The project is subject to the Town’s Traffic Impact Mitigation Fee for the generation of net new average daily trips. The Town’s Fee Schedule in effect at the time of vesting indicates a fee of $1,104 per additional average daily trip. With 266 net new average daily trips as noted in the Transportation Analysis, this fee is calculated at $293,664.00. Payment of this fee shall be paid prior to issuance of the first building permit.

51. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189) – Per the Town’s Comprehensive Fee Schedule in effect at the time of vesting, the project is subject to the Town’s Construction Activities Mitigation Fee based on the square footage of new buildings. The fee is $1.43 per square foot of new residential and non-residential building area. With 89,722 SF of total building square footage, this fee is calculated at $128,302.46. Payment of this fee shall pe paid prior to issuance of the first building permit.

52. GRADING PERMIT – A grading permit is required for all site grading and drainage work

ITEM NO. 1.
that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid building permit. The Applicant must submit a grading permit application after the appeal period of the entitlement approval process has passed, or earlier if approved by the Town Engineer or his/her designee. Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Plan check fees are based on the scope of onsite work. Prior to approval of the grading permit, the Applicant shall pay all fees due and provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan, and interim erosion and sedimentation control plan (if required), in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town. (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public monies, or (3) other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. The grading permit shall be issued prior to the issuance of the building permit unless otherwise allowed by the Town Engineer.

The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to: (1) Mitigation of adverse environmental impacts, consistent with the project’s CEQA. (2) Improvement of any existing grading or correction of any existing grading violation to comply with Town Code. (3) Requirements for fencing or other protection of grading which would otherwise be hazardous. (4) Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes (5) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced. (6) Temporary and permanent landscape plans.

53. PUBLIC IMPROVEMENTS – Prior to the issuance of any building permit and prior to any work being done in the Town's right of way, the Applicant must submit Public Improvement Plans for review and approval. All public improvements shall be made according to the Town’s latest adopted Standard Plans, Standard Specifications, and Engineering Design Standards. The Applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, Applicant shall submit an Encroachment Permit application with a pothole plan for Town review and approval. The Applicant shall provide the pothole results to the Town

ITEM NO. 1.

Engineer prior to final design. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No private facilities are permitted within the Town right of way or within any easement unless otherwise approved by the Town Engineer. The Applicant shall have Public Improvement Plans prepared, stamped, and signed by a California licensed civil engineer.

Once the Public Improvement Plans have been approved, the Applicant shall submit an application for an Encroachment Permit. The Encroachment Permit requires the Applicant to post the required bonds and insurance and provide a one (1) year warranty for all work to be done in the Town's right of way or Town easement. New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense. Prior to issuance of the encroachment permit, the Applicant shall submit a temporary traffic control plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk closures.

Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The TTCP shall comply with the State of California Manual of Uniform Traffic Control Devices (“MUTCD”) and standard construction practices.

The project engineer shall notify the Town Engineer in writing of any proposed changes.

Any proposed changes to the approved plans shall be subject to the approval of the Town. The Applicant shall not commence any work deviating from the approved plans until such deviations are approved unless otherwise approved by the Town Engineer or his/her designee. Any approved and constructed changes shall be incorporated into the final “as-built” plans.

Right-of-way improvements shall include, at a minimum, the following items:
a. STREET WIDENING - The Applicant shall improve the project frontage along Garden Lane with a 3-foot right-of-way dedication, an approximately 117-foot curb long extension that will reduce the Garden Lane crossing distance at the intersection of Oak Park Drive as noted in the Transportation Analysis and per sheet C-4, and a new street section, curb, gutter, a 5-foot detached sidewalk, and a 4-foot landscape strip. The Applicant shall relocate at their costs any affected utilities as directed by the Town Engineer. All work shall be shown on the required improvement plans.
b. STREET TREES - The Applicant shall plant 8 street trees along the Los Gatos Boulevard project frontage and 12 streets trees along the Garden Lane project frontage as shown on Sheet L1. The street tree plans shall be per Town Standard Drawings.
c. TREE GRATES – The Applicant shall install 8 Town Standard Tree Grates as specified in the approved plans. Tree grates shall be 3’x6’, model OT-T24 by Urban Accessories, and shall be black power coated. The tree grates shall be shown on the improvement plans to be located at the back of curb to the approval of the Town Engineer and shall be installed with the street trees prior

ITEM NO. 1.
to the first occupancy.
d. STREET MARKINGS - The Applicant shall install new street markings of a design approved by the Town Engineer and replace any street markings that are damaged due to project construction activities. New street markings include two new high visibility crosswalks at the Garden Lane/Oak Park Drive intersection and all pavement markings, painted curbs, and handicap markings as shown on sheet C-4.

All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be 15 feet of no parking zone (painted red curb) south of each driveway and 5 feet of no parking zone north of each driveway in accordance with the Transportation Analysis, shall be shown on the plans and are subject to approval by the Town Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint.
e. SIDEWALK - The Applicant shall replace to existing Town standards all sidewalk per sheet C-4. Sidewalk replacement shall be constructed per the Town Standard Drawings.
f. CURB RAMP(S) - The Applicant shall construct five (5) curb ramp(s) in accordance with the latest Caltrans State Standard Drawing. Four curb ramps along the south side of Garden Lane running east-west for the crossings of the development’s driveways an one curb ramp at the southwest, corner of the intersection of Garden Lane and Oak Park Drive. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the Town Engineer.
g. CURB AND GUTTER - The Applicant shall replace to existing Town standards all curb and gutter within the project extents. New curb and gutter within public right of way shall be constructed per the Town Standard Drawing ST-210 (Vertical). h. DRIVEWAY APPROACH(ES) - The Applicant shall install one (1) Town Standard driveway approach(es) as shown on the approved plans. The new driveway approach shall be constructed per the Town Standard Drawing. i. DRIVEWAY REMOVAL - The Applicant is to remove the existing driveway approaches that will no longer be used and replace them with sidewalk, curb, and gutter per the Town Standard Drawings.
j. SEWER CLEAN-OUT - The Applicant shall install the sewer lateral clean-out at the property line in accordance with the West Valley Sanitation District standards.

Sewer clean-out(s) shall be constructed prior to occupancy of the first building. k. PARKING LOTS – The Applicant shall submit plans for all required off street parking lots showing proper grading, drainage, ramps profile, and parking dimensions in conformance with Town parking standards and consistent with sheets C-4 and C-5.

The plans shall be approved by the Town Engineer prior to the issuance of the first building permit.
l. PARKING LOT DRAINAGE – Parking lots and other impervious areas shall be designed to drain stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact Development (LID) treatment devices that can be integrated into required landscaping areas and traffic islands prior to discharge into the storm drain system and/or public right-of-way. Paving shall meet Santa Clara

ITEM NO. 1.

County Fire Department requirements and be structurally appropriate for the location.
m. BICYCLE PARKING – The Applicant shall provide both long-term bicycle parking and short-term bicycle racks on-site, as shown on the approved site plan, to the approval of the Town Engineer.
n. STORM WATER CATCH BASIN(S) - The Applicant shall construct Standard Curb Inlet and Catch Basin’s per approved plans and in accordance with the Town Standard Drawing.
o. STREETLIGHT(S) - The Applicant shall replace the existing streetlight along the project frontage on Los Gatos Boulevard in front of Building “A” with a new standard galvanized steel Octaflute streetlight per Town Standard Drawing with LED fixture. The Applicant shall install a pull box in the sidewalk adjacent to this replaced streetlight and intersect the electrical service for the streetlight to provide a service point for the streetlight’s power. The Applicant shall also install a new standard galvanized steel Octaflute streetlight per Town Standard Drawing with LED fixture including adjacent pull box near the southern driveway of the development as directed by the Town Engineer. Finally, the Applicant shall replace the existing streetlight at the intersection of Garden Lane and Oak Park Drive with the standard galvanized steel Octaflute streetlight per Town Standard Drawing with LED fixture and install a service pull box if not currently existing. The Applicant is responsible for all PG&E service fees and hook up charges. Any new service point connection required to power the new lights shall be shown on the construction drawings along with the conduit, pull boxes, and other items necessary to install the streetlights. The Applicant shall provide an Isometric Lighting Level Study similar to what is shown on the last sheet in the approved entitled plan set called “22887REYR7.DWG” for review and approval by the Town Engineer. Right of way lighting must comply with the Town’s Street Design Standards section 2.38. The new streetlights shall have 31-foot 9-inch mounting height per Standard Drawing Octaflute with LED Fixture, with an 8-foot arm length. The fixture shall be CREE, Type III Cut-Off Model; XSP2, 4000K 56W in an approved configuration or approved equal. The arm shall be installed at the location as shown on the approved plans. A letter shall be provided by PG&E stating that public streetlight billing will be per Rule LS2A. Private lights shall be metered with billing addressed to the homeowners’ association. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans. p. BICYCLE FACILITIES – The Applicant shall provide a fair share contribution towards the planned Class IV protected bike lane improvement on Los Gatos Boulevard along the Project frontage. To determine the fair share costs, the Applicant show provide a conceptual design and engineer’s estimate for the future costs of the improvements for approval by the Town Engineer. The Applicant shall include in the estimate a 20 percent contingency and then escalate the estimate to July 2027 dollars using an escalation rate of 4.5 percent per year.

54. TREE REMOVAL PERMIT – The Applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site

ITEM NO. 1.
or in the public right-of-way prior to the issuance of a building permit or demolition building permit, whichever is issued first. An arborist report may be required by the Town Arborist prior to the removal of any tree.

55. PHASED PERMITS – The Applicant may, with the approval of the Town Engineer, phase the permits to expedite the construction process. If this is done, each phase of the work will require a separate and complete set of plans to be submitted, reviewed, and approved prior to the issuance of the said permit. Overlapping of permits may occur, if approved by the Town Engineer. No work on the next phase of construction, in advance of the permitted work, may occur. No “at risk” work will be permitted unless otherwise approved by the Town Engineer or his/her designee. Plans shall be submitted, reviewed, and approved by the Town Engineer prior to the commencement of work.

Only the below phased permitted work will be allowed:
a. Clearing-Grubbing/Rough Grading
b. Fine Grading
c. Underground Utilities
d. Site Improvements
e. Off-Site Improvements

56. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS – The Grading Permit Plans and
Public Improvement Plans (together referred to as “Improvement Plans”) shall be submitted as a set to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Improvement Plans are submitted. The Improvement Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.

Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include:
a. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type.
b. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
c. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground

ITEM NO. 1.
utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented.
d. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed. e. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines. Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
f. A Utility Plan showing appropriate line types and labels to identify the different types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. shall be located on private property unless otherwise approved by the Town Engineer.
g. A Photometric Lighting Plan analyzing on-site and the full width of the project’s two adjacent rights-of-ways shall show on the plan the average maintained horizontal illumination in foot-candles. The plan sheet shall include a table identifying individual project areas and their associated average illumination in foot-candles, maximum illumination in foot-candles, minimum illumination in foot-candles, and average to minimum uniformity ratio. Lighting shall comply with the Town’s Standard Specification section 2.38.
h. A Landscaping Plan for the project site in general conformance with Sheet L1 indicating the proposed irrigation networks including controller location and power source(s).
i. A Composite Plan showing civil, landscape, electrical, and joint trench locations combined on one drawing to identify potential conflicts between disciplines. The Composite Plan shall include the size, location, and details of all trenches, locations of building utility service stubs and meters, and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project.

Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). A note shall be placed on the joint trench composite plans which states that the plan agrees with Town Codes and Standards and that no underground utility conflict exists.
j. General Notes found in the Town of Los Gatos General Guidelines. k. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or overweight vehicles are expected to be used.
l. A statement that all utility boxes in vehicular pathways shall be traffic-rated.

57. STANDARD PLAN COMPLIANCE – The project shall comply with the Town’s Standard

ITEM NO. 1.

Plans to the approval of the Town Engineer. Street improvements, all street sections, the design of all off-site storm drainage facilities shall be in accordance with most current Town Standard Specifications and Standard Plans approved by the Town Engineer. Improvements deemed necessary by the Town Engineer shall be shown on the Improvement Plans.

58. EXISTING FACILITY PROTECTION AND REPAIR – All existing public utilities shall be either protected in place, relocated, or repaired. The Applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed as a result of the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing improvements in the area that are not intended to be removed and replaced. The Applicant shall request a walk-through with the PPW construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to issuance of the first certificate of occupancy of the project.

59. UNDERGROUND UTILITIES – All new services to the development shall be placed underground in accordance with the various utility regulations and consistent with sheet JT5. Underground utility plans must be submitted to the Town and approved by the Town Engineer prior to installation.

60. UTILITY RESPONSIBILITIES – The Applicant shall enter an agreement assuming responsibility for the maintenance of stormwater drainage facilities, including piped and open channel stormwater conveyances in private areas. The Applicant is responsible for all expenses necessary to connect to the various utility providers.

Currently, the public storm sewer system is owned and maintained by the Town of Los Gatos, the water system in Los Gatos is owned and maintained by San José Water Company, and the sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Any alterations of the approved utilities listed must be approved by the Town prior to any construction.

61. UTILITY COMPANY COORDINATION – The Applicant shall negotiate any necessary rightof- way or easements with the various utility companies in the area, subject to the review and approval by the Town Engineer and the utility companies. Prior to the approval of the site plan for construction, the Applicant shall submit “Will Serve” letters from PG&E, San Jose Water, West Valley Sanitation District, West Valley Collections and Recycling, and AT&T (or the current “Carrier of Last Resort”) with a statement indicating either a list of improvements necessary to serve the project or a statement that the existing network is sufficient to accommodate the project.

Approved plans from these companies will also satisfy this condition. Coordination of the stormwater conveyance system will be addressed during the Grading Permit review.

62. PREPARATION OF ELECTRICAL PLANS – All street lighting electrical plans shall be prepared by a California registered professional engineer experienced in preparing these types of plans.

63. ON-SITE LIGHTING STANDARDS – The Applicant shall submit a photometric plan for onsite lighting showing lighting levels in compliance with the Town Standard Specifications section 2.38. The plan shall show the minimum maintained horizontal

ITEM NO. 1.
illumination in foot-candles and the uniformity ratio for all areas. This lighting standard is applicable to all parking lots, driveways, circulation areas, aisles, passageways, recesses, and accessible grounds contiguous to all buildings. Private, interior courtyards not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the Town Engineer and shall be addressed on the construction plans submitted for the first building permit. Any subsequent building permits that include any site lighting shall also meet these requirements.

64. STORM DRAINAGE STUDY – The Applicant shall submit a Storm Drainage Study for the proposed development stormwater conveyance system evaluating pre- and postdevelopment peak discharge rates for the theoretical 2-year, 10-year, and 100-year (50- percent, 10-percent, and 1-percent annual chance) storm events including supporting hydraulic calculations for proposed pipe network. The study must address sizing and design details for the stormwater treatment systems proposed with the development. The study shall include an evaluation of the project site drainage including topography, natural drainage patterns, and existing man-made diversions (structures, raised pads, fences, etc.). If the study indicates that the theoretical water surface elevation or hydraulic grade line of the proposed development during a 10- year storm event is above ground level at any point, the Applicant shall construct and dedicate to the Town new downstream storm drainage facilities necessary to achieve a connection point water depth no more than 80 percent full during the projected 10- year storm event. The study must evaluate the 100- year storm event base flood elevation. The finish floor elevations of all structures must be constructed at least 1- foot above this elevation. The Applicant shall submit the study for review and approval by the Town Engineer prior to the issuance of the first building permit.

65. STORMWATER MANAGEMENT PLAN – The Applicant shall develop a Storm Water Management Plan (“SWMP”) that complies with the California Water Board regulations and delineates site design measures, source control measures, low-impactdevelopment (LID) treatment measures, hydromodification management measures, and construction site controls as appropriate. The Plan must indicate erosion protection measures for the inlet structures (e,g., pipe outlets, pump dissipator pipes, and/or bubblers). For the BAHM analysis, the Applicant must provide pump operations and intended routing during various runoff conditions (i.e., treatment runoff vs. HM controls) and the rationale for the pump size selected relative to the treatment flow rate. The Applicant shall update the BAHM analysis to conform to project conditions to the satisfaction of the Town Engineer and include a summary of the changes made to the BAHM analysis since the entitlement plan review for review by the C3 consultant.

The Applicant must select and indicate bioretention area plants capable of withstanding and surviving the higher design ponding conditions. If pumps are proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable of treating, to avoid consistently overwhelming the bioretention areas. b. The Applicant must integrate an N+1 redundancy and generator backups at all

ITEM NO. 1.
required pump locations and include an alarm system that will notify the owner or operator of a pump failure.
c. If off-site improvements modify the quantities of regulated and unregulated offsite impervious area, the Applicant must update Section 2, item “d” and Section 8 of the
C.3 Data Form to reflect those changes.

66. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The Applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.

67. SITE DRAINAGE – Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drains (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language using methods approved by the Town Engineer on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.

68. OFF-SITE DRAINAGE – The Applicant shall not alter any existing drainage patterns without an approved Grading Permit.

69. CLEAN, INSPECT, AND REPAIR STORM LINE – If the project will connect to the public storm drainage system, the Applicant is required to evaluate the conditions of the existing storm lines along the project frontage by videotaping and providing the result to the Town Engineer. The Applicant shall clean and inspect (via remote TV camera) the storm line from the manhole upstream to the manhole downstream of the project area. The video inspection shall be done by a professional video inspection company and be completed prior to building permit issuance. The video of the inspection shall be reviewed with PPW and any cracked, broken, or otherwise compromised integrity is found, the areas of the line along the project frontage shall be repaired by the Applicant at the applicant’s expense. The Applicant shall include the required repairs on the Improvement Plans submitted. All necessary repairs to the storm line shall be completed and approved prior to the project connecting to the storm drainage system.

70. GRADING & DRAINAGE WINTER MORATORIUM – All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for approval, the Applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between

ITEM NO. 1.
clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.

71. SWPPP AND EROSION CONTROL – The Applicant shall prepare and submit a comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The Applicant shall ensure a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) monitors erosion and sediment control as required by the Construction General Permit. The Applicant must take measures to ensure continuous compliance with the Construction General Permit, and shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the Applicant is to implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and approval. The Applicant shall provide the Town Engineer the assigned Notice of Intent (NOI) permit number received after filing a Notice of Intent under the Construction Stormwater General Permit. The erosion control plans and SWPPP shall comply with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). All test submitted to the regional board must also be submitted to the Town Engineer. Any fees or penalties assessed against the Town in response to the Applicant’s failure to comply with the Permit must be paid by the Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.

72. SITE TRIANGLE AND TRAFFIC VIEW AREA – Fencing, landscaping, and permanent structures shall be less than 3-feet in height or have a minimum vertical clearance of

7.5- feet if located within the driveway view area, traffic view area, or corner sight triangle. The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232 and addressed on sheet C-4 and traffic report by Hexagon. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.

73. GEOTECHNICAL REVIEW – Prior to building permit issuance, the Applicant’s Geotechnical Engineer shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site surface and subsurface drainage improvements, and design parameters for foundations, etc.) to

ITEM NO. 1.
ensure that the recommendations by Quantum’s “Geotechnical Investigation” dated August 2, 2024 and ENGEO’s “Preliminary Fault Evaluation Report” dated August 1, 2024 have been properly incorporated or provide recommended revisions necessary.

The Applicant shall submit the results of the geotechnical plan review organized by the Project Geotechnical Consultants in a letter and submitted to the Town for review by the Town Engineer. The geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations. The Applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The Applicant shall add this condition to the general notes on the grading plan.

74. GEOTECHNICAL ENGINEER OBSERVATION – All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The Applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The Applicant shall add this condition to the general notes on the grading plan.

75. PRECONSTRUCTION MEETING – After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the Applicant shall request a pre-construction meeting with the PPW Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the Applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all times during construction.

76. FLOOR DRAINS – All floor drains shall be plumbed to connect to the sanitary sewer system only. Site design must facilitate drainage away from building floor drains.

77. GARBAGE/RECYCLE STORAGE AND SERVICE – The Applicant shall provide adequate area for the purposes of storing garbage and recycling collection containers for scheduled servicing by the Town’s solid waste collection provider. The collection containers shall be brought out to the driveway on the day of service and returned to the property garages by the property owner that same day. The containers are not to be in public view or in the public right-of-way prior to or beyond the scheduled service times. A letter from West Valley Collection and Recycling confirming serviceability and site accessibility shall be provided to the Town Engineer for approval prior to the approval of an occupancy permit.

78. SITE LANDSCAPING COORDINATION – The Applicant shall coordinate the overall site landscaping and the stormwater treatment area landscaping. Stormwater treatment

ITEM NO. 1.
areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility.

Sanitary sewer facilities cannot be aligned through stormwater treatment facilities.

79. TRANSPORTATION DEMAND MANAGEMENT (“TDM”) PLAN – Consistent with General Plan TDM policy (Policy MOB-1.1), the Applicant shall submit a Transportation Demand Management Plan prior to the issuance of any building permit. The TDM plan shall be consistent with the Local Transportation Analysis by Hexagon Transportation Consultants dated December 20, 2024 and may include the measures such as bicycle facility provisions, shower facilities, local shuttle service, transit passes and subsidies, carpool incentive, designated car share parking, and other measures that may be required by the Town Engineer.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP OR PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

80. DEDICATIONS – The Applicant or owner shall dedicate a three (3) foot wide strip of land to the Town in fee along Garden Lane frontage.

81. QUITCLAIM OF EASEMENT(S) – The Applicant has indicated that the existing 10-foot ingress and egress easement per 4407 OR 725 and Sanitary Sewer Easement per E623 OR 177 in favor of APN 424-19-069 will be abandoned. This abandonment shall be recorded, and an electronic copy (PDF) of the recorded quitclaim shall be submitted to the Town Engineer prior to issuance of a grading or building permit. The existing sewer line serving APN 424-19-069 shall be re-routed to the onsite sanitary sewer system.

82. TEMPORARY CONSTRUCTION EASEMENT – Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.

83. SUBDIVISION (FINAL) MAP – The Applicant shall have a subdivision map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Los Gatos Town Code and the Subdivision Map Act. Existing buildings shall be demolished prior to the recordation of the map if they will conflict with any newly created lot line. The Town Council must approve all Final Maps. The Town Council meeting will be scheduled approximately fifty
(50) days after the Final Map, Public Improvement Plans, Stormwater Treatment Facilities Maintenance Agreement, Landscape Maintenance Agreement, and Subdivision Improvement Agreement are approved by the Town Engineer. The Final Subdivision Map shall be approved by PPW and recorded by the County Recorder’s Office prior to the issuance of the first building permit. In lieu of the Town Clerk’s Office coordinating the recordation of the Final Map(s) with the County, the Applicant may submit a map guarantee by the Applicant’s title company for the release of the

ITEM NO. 1.
signed Final Map to the title company for recordation. Prior to the Town’s release of the Final Map, the Town Engineer may require the Applicant to submit to the Town an electronic copy of the map in the AutoCAD Version being used by the Town at the time of recordation. It is the Applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after Town approval.

84. SUBDIVISION IMPROVEMENT AGREEMENT (“SIA”) – The Applicant shall enter as a contractor into an agreement with the Town per Town Code Section 24.40.020, Gov.

Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100 percent of the cost of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, storm lines, streetlights, and signal equipment. Town Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the Town Council for approval with project Final Map. The SIA shall be approved by the Town Council prior Parcel or Final Map.

85. MONUMENTS – The Applicant shall arrange for the engineer to have all monuments set per the recorded map. A certificate letter by the Surveyor or Engineer stating the monuments are set per plan shall be provided to the Town Engineer prior to final certificate of occupancy.

86. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R) – The Applicant shall prepare and submit draft project Covenants, Conditions and Restrictions (CC&R) for the project.

The CC&Rs shall be submitted with the project map for review and approval of the Town Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the Town. References to the Stormwater Treatment Facilities Maintenance Agreement obligations shall be incorporated. The CC&Rs shall be reviewed and approved prior to the Town Council approval of the Final map.

87. PAYMENT OF WEST VALLEY SANITATION DISTRICT FEES – All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any maps 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 to the Town Engineer prior to map recordation.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL

INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

88. RECORD DRAWINGS – The Applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The Applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being