Ord 2180 - Zone Change 930 University AvenueORDINANCE 2180
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM CM TO CM:PD FOR PROPERTY AT
930 UNIVERSITY AVENUE (APN 424-31-065)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 930 University Avenue (Santa Clara County Assessor Parcel Number 424-31-065) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CM (Controlled
Manufacturing) to CM:PD (Controlled Manufacturing, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following:
1. Construction of an 86,345 square foot (three stories above grade and one story below grade)
self storage facility with an on-site caretaker residence.
2. Landscaping, parking, and other site improvements shown and required on the Official
Development Plan.
3. Uses permitted are those specified in the underlying CM (Controlled Manufacturing) zone by
Sections 29.70.220 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future, subject to any restrictions or other requirements specified
elsewhere in this ordinance including, but not limited to, the Official Development Plan.
However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site approval is required before construction and site improvement
construction work is performed, whether or not a permit is required for the work and before any
permit for construction is issued. Construction permits shall only be in a manner complying with
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Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are pant of the
Official Development Plan. The following conditions must be complied with before issuance of any
grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Exhibit 18 of the report to the Planning Commission for the June 24, 2009 meeting. Any
changes or modifications made to the approved plans shall be approved by the Director of
Community Development, Development Review Commmittee, Planning Commission or the Town
Council, depending on the scope of the change(s).
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and
hold harmless the Town and its officials in any action brought by a third party to overturn, set
aside, or void the permit or entitlement. This requirement is a condition of approval of all such
permits and entitlements whether or not expressly set forth in the approval, and maybe secured
to the satisfaction of the Town Attorney.
ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and approval
is required for the proposed building, parking lot improvements, and other site improvements.
The Development Review Committee shall be the deciding body for the, Architecture and Site
application.
4. ON-SITE CARETAKER RESIDENCE: An on-site caretaker residence is permitted.
5: FRONT SETBACK: The front setback shall not be less than twelve feet three inches.
6. COMMUNITY BENEFIT: The applicant has offered the following Community Benefit to offset
traffic impacts created by the proposed project: replacing existing incandescent light bulb tree
lights with LED tree lights for E. Main Street east of the Highway 17 bridge (approximately 26
trees). Alternately, at the discretion of the Town, the applicant will provide $40,000 for on-site
or off-site .access or other improvements for the proposed adj acent public recreation facility as
determined by the Town. The community benefit must be satisfied prior to the final occupancy.
7. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's
Consulting Arborist and approved as part of the Architecture and Site process. Minimtun tree
size at time of planting shall be 24-inch box.
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8. TREE PRESERVATION. All recommendations of the Town's Consulting Arborist shall be
followed throughout all phases of construction. Refer to the report prepared by Arbor Resources
dated August 14, 2008 and June 3, 2009 for details. Tree protection specifications shall be
printed on the construction plans.
9. *BIOLOGICAL RESOURCES MITIGATION MEASURE #1: All recommendations made by
Arbor Resources (August 14, 2008) will be implemented to eliminate or minimize the
construction-related impacts on the trees to be retained. These include recommendations under
the Design Guidelines section addressing tree location mapping, protective fencing, building
setback, trenching, drainage facilities, and installation of new trees (including installation of
three new trees of 24-inch box size). The report also provides recommendations for Protection
Measures before and during construction, encompassing fencing, removal of hardscape,
demolition, worlc within tree canopies, etc. The report's recommendations are included as
Attachment 1 of the Initial Study. .
10. *CULTURAL RESOURCES MITIGATION MEASURE #1: Construction personnel shall be
alerted to the potential for archaeological materials, especially during trenching operations.
Archaeological indicators include, but not be limited to the following: darker than surrounding
soils of a friable nature, concentrations of stone, bone or fresh water shellfish, artifacts of these
materials, and evidence of fire (ash, charcoal, fire alerted earth or rock) and of course human
burials.
11. *CULTURAL RESOURCES MITIGATION MEASURE #2: In the event that archaeological
traces are encountered, all construction within a 20-foot radius of the find shall be halted, the
Community Development Director shall be notified, and an archaeologist shall be retained to
examine the find and make appropriate recommendations.
12. * CULTURAL RESOURCES MITIGATION MEASURE #3 : In the. event that it appears further
eartlunoving will affect a resource eligible for the California Register of Historic Resources
(CRHR), a plan for evaluation of the resource through limited hand excavation should be
submitted to the Town's Community Development Department for approval. If evaluative
testing demonstrates that the project will affect a CRHR eligible resource, a plan for the
mitigation of impacts to the resource should be submitted to the Community Development
Director for approval before construction is allowed inside the zone designated as
archaeologically sensitive.
13. *CULTURAL RESOURCES MITIGATION MEASURE #4: If testing determines that an
archaeological site is eligible for listing, a plan shall be submitted to the Community
Development Director for consideration and approval, which outlines the process of mitigating
impacts on the resource. Assuming that the project could not be redesigned to prevent further
damage, mitigation can take the form of additional hand excavation to retrieve additional data
and materials from the deposit, combined with continued archaeological monitoring inside the
archaeologically sensitive zone to ensure that significant data and materials are retrieved for
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analysis and final report preparation.
14. `HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #l: The project
applicant and/or Town shall prepare a management plan to identify all suspected hazardous
materials and specify applicable regulations that would determine appropriate handling and
disposal of these materials. For suspected hazardous materials (contaminated soil and
groundwater) that maybe encountered during construction, the management plan shall include
contingency plans for site safety, worker protection, sampling and investigation, and disposal and
remediation; these shall be based on soil and groundwater sampling and testing that have been
completed to date. The management plan shall be filed with the Town of Los Gatos and all other
jurisdictional agencies prior to issuance of the demolition and grading permits.
15. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #2: If groundwater
is encountered during project construction and dewatering is required, the project applicant shall
undertake sampling and testing of the encountered groundwater in accordance with the
contingency sampling and investigation plan. If groundwater is found to contain contaminants
that exceed regulatory action levels, it may not be discharged into the existing storm drainage
system. Removal and handling of the contaminated groundwater shall be done in a manner
acceptable to the RWQCB, the Town, and other jurisdictional agencies. '
16. *NOISE MITIGATION MEASURE #1: Noise attenuation measures shall be included in the
proposed caretaker's unit to ensure that noise levels on the proposed balcony do not exceed 6~
dBA (Ldn) and the unit's interior noise levels do riot exceed 45 dBA (Ldn). Provision of
mechanical ventilation inay be adequate to achieve this interior level, but a qualified acoustical
consultant shall provide appropriate design recommendations to ensure these interior and exterior
noise levels are met.
17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building permit and/or final subdivision map detailing how the Conditions of Approval will be
addressed.
Building Division
18. PERMITS REQUIRED: A building permit shall be required for the new commercial building.
Separate permits are required for electrical, mechanical, and plumbing work as necessary.
19. CONDITIONS OF APPROVAL: The Conditions of Approval must beblue-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.
20. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
21. STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new street names and/or
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house numbers/suite numbers to the Building Division prior to submitting for the building permit
application process.
22. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official, containing
foundation and retaining wall design recommendations, shall be submitted with the building
permit application. This report shall be prepared by a licensed civil engineer specializing in soils
mechanics. California Building Chapter 18.
23. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property or .the public right-of--way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cal/OSHA regulations.
24. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if
a backwater valve is required and the location of the installation. The Town of.Los Gatos
Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage
piping serving fixtures that have flood level rims less than 12-inches above the elevation of the
next upstream manhole.
25. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of
chimneys.
26. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to the
Building Official for approval prior to issuance of the building permit. The Town Special
Inspection form must be completely filled-out, signed by all requested parties, and beblue-lined
on the construction plans. Special Inspection forms are available from the Building Division
Service Counter or online at www.los atg osca.gov/building.
27. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara
County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36)
shall be part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee.
28. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
29. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division: Joel Paulson at (408) 354-6879
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460
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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.
30. TITLE 24 -COMMERCIAL: The building shall comply with the latest California Title 24
Accessibility Standards.
31. 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, the building pad elevation, on-site retaining wall locations and elevations are prepared
according to approved plans. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
32. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations of the PSI
geotechnical investigation (August 2, 2007 and February 22, 2009) shall be incorporated in the
final construction plans for the proposed project (Attachment 2 of the Initial Study). These
recommendations address site preparation, earthwork operations, drainage, and foundations.
33. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE #1: Prior to the issuance
of a building permit, the project applicant shall incorporate landscape-based stormwater
treatment systems (e.g., bio-swales, bio-retention, etc.) into the project design. In the event that
such treatment facilities are determined to be infeasible, the applicant will demonstrate to the
Town's satisfaction that such measures would preclude the project implementation.
34. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1: The applicant shall
contribute to the Town's future capital improvement project of installing a signal at the Lark
Avenue/University Avenue intersection for its incremental share of impact as determined by the
Town Engineer.
35. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of--way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
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drainage facilitie"s~ -The storing of goods and materials on the sidewalk and/or the street will not
be allowed unless a special permit is issued. The developer's representative in charge shall be at
the j ob site during all working hours. Failure to maintain the public right-of--way according to
this condition may result in the Town performing the required maintenance at the developer's
expense
3 6. ENCROACHMENT PERMIT. All work in the public right-of--way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security.
37. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading
permit application (with grading plans) shall be made to the Engineering Division of the Parks &
Public Works Department located at 41 Miles Avenue. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
Grading plans shall list earthwork quantities and a table of existing and proposed impervious
areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit
will be issued concurrently with the building permit. The grading permit is for work outside the
building footprint(s). A separate building permit, issued by the Building Department on E. Main
Street is needed for grading within the building footprint.
3 8. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the
building foundation was constructed in accordance with the approved plans shall be provided
subsequent to foundation construction and prior to construction on the structure. The pad
certification shall address both vertical and horizontal foundation placement.
3 9. PRECONSTRUCTIONMEETWG. Prior to issuance of any permit or the commencement of any
site work, the general contractor shall:
a. Along with the project applicant, attend apse-construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the proj ect conditions of
approval, and will make certain that all project sub-contractors have read and
understand them prior to commencing work and that a copy of the proj ect conditions
of approval will be posted on site at all times during construction.
40. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engineering Division of Parks and Public Worlcs during the grading permit plan review process.
41. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading
permit application. A geotechnical review to determine the potential for fault ground rupture is
required. Geotechnical Engineer must review and submit a report on the mapped faults in the
area of the project and evaluate the potential for fault ground rupture and seismically induced
liquefaction. The soils report shall include specific criteria and standards governing site grading,
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drainage, pavement design, retaining wall design and erosion control. The reports shall be
signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the
California Business and Professions Code.
42. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the
final grading and drainage plans to ensure that designs for foundations, retaining walls, site
grading, and site`drainage are in accordance with their recommendations and the peer review
comments:. The applicant's soils engineer's approval shall then be conveyed to the Town either
by letter or by signing the plans.
43. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in
writing, at least 72 hours in advance of all differences between the proposed work and the design
indicated on the plans. Any proposed changes shall be subject to the approval of the Town
before altered work is stai-ked. Any approved changes shall be incorporated into the final "as-
built" drawings.
44. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee
proportional to the project's share of transportation improvement needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town
Council resolution in effect at the time the building permit applications are made. The fee shall
be paid before the building permit is issued. The traffic impact mitigation fee for this project,
using the current fee schedule and the preliminary plans is $18,352. The final fee shall be
calculated from the final plans using the rate schedule in effect at the time of the building permit
application, using a trip generation rate based on Mini Warehouse use.
45. EASEMENT: Ingress/Egress/Utility easement will be required. Recorded Document will need
to be provided to the Town Engineering Department prior to releasing Certificate of Occupancy.
46. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-
site drainage facilities, grading or paving, and all work in the Town's right-of--way. Failure to do
so will result in rejection of work that went on without inspection.
47. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted
to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI)
and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco
Bay Regional Water Quality Control Board for projects disturbing more than one acre. A
maximum of two weeks is allowed between clearing of an area and stabilizing/building on an
area if grading is allowed during the rainy season. Interim erosion control measures; to be carried
out during construction and before installation of the final landscaping shall be included. Interim
erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations
and details), erosion control blankets, Town standard seeding specification, filter berms, check
dams, retention basins, etc. Provide erosion control measures as needed to protect downstream
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water quality during winter months. The grading, drainage, erosion control plans and SWPPP
shall be iri compliance with applicable measures contained in the amended provisions C.3 and
C.14 of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit.
48. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with
the grading permit application for all Group 1 and Group 2 projects as defined in the amended
provisions C.3.d. of Order No. R2-2005-0035 of the amended Santa Clara County NPDES
Permit No. CAS029718. The plan shall delineate source control measures and BMP's together
with the sizing calculations. The plan shall be certified by a professional pre-qualified by the
Town. In the event that storm water measures proposed on the Planning approval differ
significantly fiom those certified on the Building/Grading Permit, the Town may require a
modification of the Planning approval prior to release of the Building Permit. The applicant may
elect to have the Planning submittal certified to avoid this possibility.
49. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION
AND MAINTENANCE OBLIGATIONS. The property owner shall enter into an agreement with
the Town for maintenance of the stormwater filtration devices required to be installed on this
project by Town's Stormwater Discharge Permit No. CAS029718 and modified by Order No.
R2-2005-0035. The agreement will specify that certain routine maintenance shall be performed
by the property owner and will specify device maintenance reporting requirements. The
agreement will also specify routine inspection requirements, permits and payment of fees. The
agreement shall be recorded prior to release of any occupancy permits.
S0. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and by
landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use
at the construction site. All portions of the site subj ect to blowing dust shall be watered as often
as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in
order to insure proper control of blowing dust for the duration of the project. Watering on public
streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed
necessary by the Town Engineer, or at least once a day. Watering associated with on-site
construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at
least one late-afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered: due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be
halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or
other loose debris shall be covered.
51. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street
which abuts property in a residential zone without prior approval from the Town Engineer (§
15.40.070).
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52. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed.
53. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
54. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home
owner to make sure that all dirt tracked into the public right-of--way is cleaned up on a daily
basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's
storm drains.
55. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request awalk-through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
56. SIDEWALK/CURB IN-LIEU FEE. A curb and sidewalk in-lieu fee of $4,464 shall be paid prior
to issuance of a building permit. This fee is based on a 0 LF of curb at $57/LF and 279-square
feet of 4.5-foot wide sidewalk at $16/SF in accordance with Town policy.
57. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any
curb and gutter damaged now or during construction of this project. New curb and gutter shall
be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
58. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial
driveway approach. The new driveway approach shall be constructed per Town Standard
Details.
59. DEBRIS CLEANUP. The developer shall remove all debris and regrade the existing area at the
base of the slope and the existing fence along University Avenue. The limits of cleanup will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
60. AS-BUILT PLANS. An AutoCAD disk of the approved "as-built" plans shall be provided to the
Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the
following information and shall conform to the layer naming convention: a) Building Outline,
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Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; ~ c) Retaining Wall, Layer:
RETAINING WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer:
TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer:
NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's
survey control network and shall be submitted in AutoCAD version 2000 or higher.
61. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean-out at the property line.
62. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the
measurement shall be made at distances as close to twenty-five (25) feet from the device as
possible. The noise level at any point outside of the property plane shall not exceed eighty-five
(85) dBA.
63 . HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the monung 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.). Prior to
the issuance of a building permit, the developer shall work with the Town Building and
Engineering Department Engineering Inspectors to devise a traffic control plan~to ensure safe and
efficient traffic flow under periods when soil is hauled on or off the project site. This may
include, but is not limited to provisions for the developer/owner to place construction
notification signs noting the dates and time of construction and hauling activities, or providing
additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all
trucks to maintain at least two feet of freeboard.
64. MAINTENANCE ACCESS. The applicant shall propose maintenance access improvements for
the Town Engineer to review, comment on, and approve. The Engineering Division shall approve
the surface materials over each public easement.
65. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
66. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
Parks Division
67. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. Required fees shall be paid when the
landscape, irrigation plans and water calculations are submitted for review.
68. NEW TREES. All newly planted trees are required to be double staked to Town standards.
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69. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of this
plan and must remain on the site.
70. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native trees
and shrubs.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
71. REQUIRED FIRE FLOW: The fire flow for this proj ect is 6,250 gpm at 20 psi residual pressure.
As an automatic .fire sprinkler system will be installed, the fire flow has been reduced by 75%
establishing an adjusted fire flow of 1,500 gpm at 20 psi residual pressure. The adjusted fire
flow is available- from area water mains and fire hydrant(s) which are spaced at the required
spacing.
72. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: All new and existing modified
buildings when gross floor area exceeds 3,600 square feet shall be protected throughout by an
approved automatic fire sprinkler system, hydraulically designed per National Fire Protection
Association (NFPA) Standard #13. 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.
73 . NEW COMMERCIAL BUILDINGS: All new commercial buildings shall comply with standard
specification SI-7 for construction site fire safety.
74. FIRE DEPARTMENT KEY BOX REQUIRED: The building shall be equipped with a
permanently installed emergency access key lock box (Knox) conforming to Fire Department
Standard Details and Specification sheet K-l . Attune of final inspection keys shall be provided
to the fire department.
75. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED: Provide access roadways with
a paved all-weather surface with a minimum unobstructed width of 20 feet, vertical clearance of
13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 15%. Installations shall conform with Fire Department Standard Details and
Specifications sheet A-1.
76. FIRE DEPARTMENT (ENGINE) ROADWAY TURN-AROUND REQUIRED: Provide an
approved fire department engine roadway turn around with a minimum radius of 36 feet outside
and 23 feet inside. Installations shall conform with Fire Department Standard Details and
Specification sheet A-1. Cul-de-sac diameters shall be no less than 72 feet. All fire department
access/turnaround areas must be properly marked and dedicated solely to such use.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on October 5, 2009, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on October 19, 2009 and becomes
effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike
Wasserman
NAYS: .None
ABSENT: None
ABSTAIN:
SIGNED:
A'
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MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 13 of 13
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Application No. PD-08-01 A.P.N. #424-31-065 "
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change From: CM To: CM:PD
^ Prezonin
Forwarded by Planning Commission Date: August 12, 2009
Approved by Town Council Date: October 19, 2009 rd: 2180
Clerk Administrator . '., Mayor:
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