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Ord 2175 - Amending Town Code Effecting a Zone change from CH to CH:PD for property at 15400 Los Gatos BoulevardORDINANCE 2175 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH TO CH :PD FOR PROPERTY AT 15400 LOS GATOS BOULEVARD (APN 424 -15 -045) 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 15400 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 424 -15 -045) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted Highway Commercial) to CHYD (Restricted Highway Commercial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following: 1. Construction of a 40,000 square foot two story commercial building. 2. Landscaping, parking, and other site improvements shown and required on the Official Development Plan, 3. Uses permitted are those specified in the underlying CH (Restricted Highway Commercial) zone by Sections 29.60.420 (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, subj ect 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. The first floor shall contain a minimum of 8,500 square feet of retail or restaurant space in the single story leg fronting on Los Gatos Boulevard. Page 1 of 19 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 Section 29.80.130 of the Town Code, SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part 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 Attachment 9 of the report to the Town Council for the June 1, 2009 meeting. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, Development Review Committee, Planning Commission or the Town Council, depending on the scope of the change(s). 2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured Page 2 of 19 to the satisfaction of the Town Attorney. 3. 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. HEIGHT: The height of the structure shall not exceed 35 feet. 5. REAR SETBACK: The rear setback along Carlton Avenue shall not be less than twenty feet. 6. BENEFIT ASSESSMENT DISTRICT: The property owner agrees to participate in the Benefit Assessment District for Los Gatos Boulevard should one be created by Town Council. 7. DEMOLITION: The demolition of the existing hazardous structures shall occur within 30 days of the adoption of this ordinance. 8. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit. 9. *BIOLOGICAL RESOURCES MITIGATION MEASURE #1; All recommendations made by Arbor Resources shall be implemented to eliminate or minimize the construction- related impacts on the trees to be retained. Refer to the report prepared by Arbor Resources dated March 20, 2008for details. 10. *CULTURAL RESOURCES MITIGATION MEASURE #1: Construction personnel involved in earth moving shall be alerted to the potential for discovery of prehistoric materials and in particular, concentrations of historic artifacts. Prehistoric archaeological resources could 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, burials, both human and animal. 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. Page 3 of 19 12. *CULTURAL RESOURCES MITIGATION MEASURE #3: In the event that it appears further earthmoving 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 Department for approval before construction is allowed inside the zone designated as archaeologically sensitive. 13. *CULTURAL RESOURCES MITIGATION MEASURE #4: If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 1.5064.5(e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. 14. *CULTURAL RESOURCES MITIGATION MEASURE #5: A final report shall be prepared when a find is determined to be a significant archaeological site, and /or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 15. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations of the geotechnical report by CEG in July 31, 2008 shall be incorporated in the final construction plans for the proposed project. These recommendations address site preparation, earthwork operations, drainage, and foundations. 16. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1: 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 Page 4 of 19 groundwater) that may be 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. 17. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 42: 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 as specified in Measure # 15. 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. 18. 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 19. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3: A state certified lead -based paint professional shall be retained to perform a lead -based paint survey of the existing structures and the recommendations of the professional shall be followed for abatement of any identified lead -based paint prior to demolition of the structures. 20. 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. 21. 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. 22. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36." Page 5 of 19 23. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG &E that all utilities have been disconnected, return the completed from to the Building Department Service Counter with the J# Certificate, PG &E verification, and three (3) sets of site plans to include 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. 24. STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new street names and /or house numbers /suite numbers to the Building Division prior to submitting for the building permit application process. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 Page 6 of 19 Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out, signed by all requested parties, and be blue -lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www,los atg osea.gov /building 30. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 2406) shall be part of the plan submittal as the second 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. 31. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 32. 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 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. f. Bay Area Air Quality Management District: (415) 771 -6000 33, TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title 24 Accessibility Standards. 34. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: a. West Valley Sanitation District (WVSD): (408) 378 -2408 b. Environmental Health Department: (408) 885 -4200 c. Town Public Works Department: (408) 399 -7530 35, FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land Page 7 of 19 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 36. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1: The southbound left - turn lane at Los Gatos Boulevard /Village Square intersection shall be extended to a minimum of 200 feet to accommodate the•potential queue from project related left -turn movements. 37. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2: The applicant shall contribute to the addition of a second eastbound left -turn lane at the Los Gatos Boulevard /Blossom Hill Road intersection for its incremental share of impact as determined by the Town Engineer, 38. 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. 39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the Page 8 of 19 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. 40. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre- construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub - contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 41. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 42. 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, 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. 43. 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. 44. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Page 9 of 19 Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 45. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) Traffic study is required. 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 $184,633.00. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application. 46. LOS GATOS BOULEVARD /GATEWAY DRIVE IMPROVEMENTS: Replace existing non- LED signals with LED signals. Replace existing 8 -inch signal heads with 12 -inch signal heads. Replace existing pedestrian signal heads with LED pedestrian countdown heads. Replace non- ADA pedestrian push buttons with ADA compliant push buttons. Install video detection for northbound and southbound Los Gatos Boulevard. Replace existing safety lighting fixture with LED lighting fixture. Construct an ADA wheelchair ramp at the project corner of the intersection. 47. LOS GATOS BOULEVARD /VILLAGE SQUARE SHOPPING CENTER IMPROVEMENTS: Extend the southbound left -turn pocket on Los Gatos Boulevard at the Village Square Shopping Center to a total length of 220 feet of storage plus an 80 -foot transition. Install a video detection for the extended left -turn pocket. 48. LOS GATOS BOULEVARD /BLOSSOM HILL ROAD MITIGATION FEE: Prior to issuance of a Building Permit, the developer shall contribute toward the future construction of a second left - turn lane for eastbound Blossom Hill Road. Actual contribution will be calculated at the time of building permit application. 49. LARK AVENUE /LOS GATOS BOULEVARD MITIGATION FEE: Prior to issuance of a Page 10 of 19 Building Permit, the developer shall pay a proportional share of the project specific intersection mitigation costs. Actual cost will calculated at the time of building permit application. 50. IMPROVEMENTS: Install a pedestrian crosswalk on the west leg of the Gateway /Carlton intersection. 51. IMPROVEMENTS: Bicycle Parking Facilities. Install bicycle parking facilities on -site per VTA's requirement. 52. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of- -way according to this condition may result in the Town performing the required maintenance at the. developer's expense. 53. 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. 54. 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. 55. 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 Page 11 of 19 and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order No. R2- 2005 -0035 of the amended Santa Clara County NPDES Permit. 56. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to minimize the effects 'of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 57. 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). 58. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 59. NPDES. On -site drainage systems shall include a filtration device such as a bio -swale or permeable pavement. 60. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with Page 12 of 19 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 from 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. 61. 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. 62. 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. 63. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 64. 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. Page 13 of 19 Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 65. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 66. 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 proj ect. 67. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Details. 68. CURB RAMPS. The developer shall construct one (1) curb ramp(s) according to State Standard Drawings at the crosswalk at Los Gatos Blvd. and Gateway Drive. The actual "Case" as shown on the standard to be used will be decided by the Engineering Construction Inspector during the construction phase of the project. 69. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with Town Code Section §23.10.080. 70. 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. 71. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such Page 14 of 19 drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 72. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered. Provide a sanitary sewer connection to the trash enclosure if a restaurant is proposed. 73. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. 74. 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. 75. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. 76, TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but. not be limited to, the following measures: Page 15 of 19 a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. 77. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or evening peak periods (between 7 :00 a.m. and 9:00 a.m. and between 4 :00 p.m. and 6:00 p.m.). 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. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 78. REQUIRED FIRE FLOW: The fire flow for this project is 7,500 gpm at 20 psi residual pressure. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 75% establishin an adjusted fire flow of 1,875 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. 79. AUTOMATIC FIRE SPRINKLERS: Approved automatic fire sprinklers are required in all new and existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or more stories in height. 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. 80. PUBLIC FIRE HYDRANT(S): Provide 3 public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum fire hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,875 gpm at 20 psi residual pressure. If area fire hydrant(s) exist, reflect their location on the civil drawings included with the building permit submittal. Page 16 of 19 81. PRIVATE ON -SITE FIRE HYDRANT: Provide one on -site fire hydrant installed per NFPA Standard #24, at a location to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flow of 1,875 gpm at 20 psi residual pressure. Prior to design, the civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant location. 82. ON -SITE PRIVATE FIRE SERVICE MAINS AND /OR HYDRANT: Installation of private fire service mains and /or fire hydrants shall conform to Mational Fire Protection Association Standard #24 and Fire Department Standard and Details and Specifications W -2. If the supply piping is "combined" (sprinkler system and hydrants), a U.L. approved 4 -way FDC shall be provided. A separate installation permit from the fire department is required. 83. HOSE VALVES /STANDPIPES: Buildings 3 stories or more in height or where emergency access has been deemed minimal shall be equipped with standpipes designed per NFPA Standard #14 and be equipped with 2 '/2 hose valves located within the stair enclosure(s), specifically within parking structures at stairwells. 84. FIRE APPARATUS ACCESS: 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 %. For installation guidelines refer to Fire Department Standard Detail and Specifications sheet A -1. Identify all required dimensions on the site access plans. 85. FIRE LANE MARKING: Provide marking for all roadways within the project. Installations shall also conform with Local Government Standards and Fire Department Standard Details and Specifications A -6. 86. ACCESS: Gates across the emergency access roadways shall be equipped with an approved access device. If the gates are operated electrically an approved Knox key switch shall be installed; if they are operated manually then an approved Knox padlock shall be installed. 87. EMERGENCY GATE /ACCESS GATE: Gate installations shall conform with Fire Department Standard Details and Specification G -1 and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Page 17 of 19 88. COMMUNITY BENEFIT: Applicant shall install improvements identified as the four community benefits on page 9, item K, of the Town Council Staff Report dated May 26, 2009. The new traffic calming crosswalk across Carlton Avenue at Gateway Drive leading to the park shall be combined with additional traffic calming devices, to be determined by the Town upon consultation with the community, for an additional amount to be paid by the applicant not to exceed twenty -five thousand dollars ($25,000.00). Page 18 of 19 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on June 1, 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 June 1.5, 2009 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, and Mayor Mike Wasserman NAYS: Barbara Spector ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTE bAMINISTRATOR CLE OF THE TOWN OF LOS GATOS LOS G, CALIFORNIA Page 19 of 19 \I / TOWN OF LOS GATOS Forwarded by Planning Commission Date: May 13, 2009 Approved by Town Council Date: June 15, 2009 Ord: 21'� Clerk Administrato� Mayor