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Ord 2203 - Amending Zoning from CH to CH:PD at 16213 Los Gatos BlvdORDINANCE 2203 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH TO CH :PD FOR PROPERTY LOCATED AT 16213 LOS GATOS BOULEVARD 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 to change the zoning on property at 16213 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 529 -18 -031 and 529 -18- 055) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted Highway Commercial) to CH:PD (Restricted Highway Commercial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Removal of existing auto dealership. 2. Construction of 21 market rate single- family detached residences. 3. Provision of 2 BMP units (one moderate income units on -site and one low income unit located at an off -site location within the Town, as approved by the Town Council), 4. Landscaping, private street, parking and other improvements shown and required on the Official Development Plans, 5. Uses permitted are those specified in the CH (Restricted Highway Commercial) zone by Sections 29.60.620 (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. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by a Conditional Use Permit. Page 1 of 27 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 work for the new apartments, fitness and leasing centers, 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 performance standards must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk); TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT; Planning Division 1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the Architecture and Site approval process. Colors and building materials shown on the Official Development Plan are not approved and shall be reviewed during the Architecture and Site approval process. 2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third parry to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney, Page 2 of 27 3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A &S) application and approval is required for each of the new residences. Architectural details, including fencing and a project entry sign, shall be refined as part of this process with input from the Town's Consulting Architect. The Architecture and Site applications shall be reviewed by the Planning Commission. 4. BELOW MARKET PRICE (BMP) UNITS. The developer shall provide two (2) BMP units, one within the project and one to be located off -site, within the Town limits. The off -site unit shall be approved by the Town Council prior to issuance of any building permits. The on -site BMP unit will be sold to a moderate income recipient and the off- -site BMP unit will be sold to a low income recipient. 5. DEED RESTRICTION. A deed restriction shall be recorded prior to the issuance of any building permits, stating that the BMP residences must be purchased and maintained as below market price units pursuant to the Town's BMP Ordinance and requirements. The developer shall enter into a Below Market Price Agreement with the Town prior to issuance of building permits. 6. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's Consulting Landscape Architect and approved as part of the Architecture and Site process. Minimum tree size at time of planting shall be 24 -inch box. 7. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. 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. 8. SETBACKS. The minimum setbacks are those specified by the CH zoning district or as otherwise shown on the Conceptual Development Plans. 9. BUILDING HEIGHT. The maximum height of the new residences shall be 30 feet. The maximum height for detached garages shall be 15 feet. Carriage style garages on lots 2, 4, 5 and 7 shall not exceed 21 feet. 10. HOUSING SIZE. No additional square footage shall be permitted for any of the units. Page 3 of 27 11. ACCESSORY STRUCTURES. One open -style accessory or garden structure may be allowed per lot (examples; gazebo, arbor, trellis). Accessory structures higher than 6 feet shall be set back a minimum of three feet from side and rear property lines. Accessory structures are not allowed in front yards. 12. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties, to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications shall be reviewed as part of the Architecture and Site process. 13. *BIOLOGICAL RESOURCES MITIGATION MEASURE -1. The applicant shall implement recommendations made by the Arbor Resources report dated May 17, 2011. Recommendations are listed under Section 5.0, and include Design Guidelines for tree protection and replacement, soil disturbance, trenching, and landscape design, and Protection Measures during Grading and Construction, including recommendations for tree protection fencing, removal of hardscape, work within tree canopies, etc. 14. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of demolition permits. 15. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being removed. The number of trees shall be determined using the canopy replacement table in the Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to final inspection and issuance of occupancy permits. 16. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 17. RECYCLING. All wood, metal, glass and aluminum materials generated from demolition work shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the demolition inspection. Page 4 of 27 18. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final locations and screening of all exterior utilities, including but not limited to, backflow preventers, Fire Department connections, transformers, utility boxes and utility meters. Utility devices shall be screened to the satisfaction of the Director of Community Development. The plans shall be submitted for review and approval prior to issuance of building permits for new construction. 19. *CULTURAL RESOURCES MITGATION MEASURE -1. A qualified archaeologist shall inspect the ground surface subsequent to the removal of buildings and pavement to search for indicators of prehistoric occupation and /or use of the area. If the visual inspection of the ground surface yields any materials or information which may qualify the discovery for inclusion on the California Register of Historic Resources (CRHR), a plan for the evaluation of the resource shall be submitted to the Community Development Director for approval. 20. *CULTURAL RESOURCES MITGATION MEASURE -2. If the archaeological site evaluation demonstrates that the resource area qualifies for inclusion on the CRHR and that the proposed development will damage the resource significantly, a plan for mitigating the impacts on the resource shall be submitted to the Town for approval before mitigation of impacts can be undertaken. Mitigation can take the form of additional hand excavation of significant materials to remove samples for analysis and publication, along with archaeological monitoring of all further construction - related earthmoving inside the zone of archaeological sensitivity. 21. *CULTURAL RESOURCES MITGATION MEASURE-3, In the event that human remains are discovered, work shall be stopped inside a zone designated by the project archaeologist until the County Coroner's Office and the Native American Heritage Commission (NAHC) have been notified. The NAHC is responsible for designating a Most Likely Descendant (MLD) who shall represent tribal interests in regards to human remains and associated grave goods. The MLD shall make recommendations to the Community Development Director regarding the method for exposure and removal of human burials and associated grave goods, and shall advise the Director regarding the place and method of reburial of these materials. Page 5 of 27 Building Division 22. PERMITS REQUIRED. A Demolition Permit is required for any demolition work necessary for the project and a Building Permit is required for construction of each of the new residences and detached garages. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 23. SIZE OF PLANS. Submit four sets of construction plans, maximum size 24" x 36 ". 24, 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 will be addressed. 25. 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 form 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. 26. STREET NAMES & HOUSE NUMBERS. Submit requests for new street names and house numbers to the Building Division prior to submitting for the building permit application process. 27. 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. 28. 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 the Cal /OSHA regulations. Page 6 of 27 29. 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 elevation, on -site retaining wall locations, and elevations have been 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 30. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed with adaptability features for multiple family residences per Town Resolution 1994 -61: a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs located 34- inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32- inches wide on the accessible floor. C. Primary entrance shall a 36 -inch wide door including a 5'x5' level landing, no more than 1/2 -inch out of plane with the immediate interior floor level with an 18 -inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired at primary entrance. 31. TITLE 24 ENERGY COMPLIANCE. All required California Title 24 Energy Compliance Forms must be blue -lined on the plans. 32. TITLE 24 ACCESSIBILITY. On -site parking facilities shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, on -site general path of travel accessibility to building entrances from parking facilities and sidewalks. 33. BLUEPRINT FOR CLEAN BAY, The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program 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 or online at www.losgatosca,gov /building. Page 7 of 27 34. 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. 35. 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 from the Building Division Service Counter or online at www.losgatosca.gov /building. 36. PLANS. The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538). 37, APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Suzanne Davis (408) 354 -6875 b. Engineering /Parks & Public Works Department: Trang Tu- Nguyen (408) 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 38, HOUSING ACCESSIBILITY. The project shall comply with the Housing Accessibility requirements of 2007 California Building Code Chapter 11 A. 39. HAZARDS AND HARARDOUS MATERIALS MITGATION MEASURE -1. The following measures shall be required to reduce public health risks related to removal and disposal of hazardous materials to a less- than - significant level: Page 8 of 27 a. The developer shall retain a qualified professional to update the environmental database review performed as part of the Phase 1 ESA no more than three months prior to the start of any construction activities. A qualified professional shall prepare a report summarizing the results of the environmental database review that assesses the potential for any identified chemical release sites to affect soil quality at the proposed project site and identifies appropriate soil analysis to evaluate the potential for soil contamination at the proposed project site, if needed. b. The developer shall retain a qualified professional to monitor demolition of the existing building and conduct appropriate sampling to assess the presence and extent of chemicals in the soil as needed for all construction activities. Sample analysis shall include total petroleum hydrocarbons as diesel and motor oil and California Title 22 metals at a minimum. If contamination is indicated on the basis of observations during building demolition or the environmental database review conducted in accordance with Mitigation Measure HAZ -1 a, then additional analysis shall be conducted in accordance with the recommendations of the qualified professional. The project sponsor shall notify the regulatory agencies if the concentration of any chemical exceeded its respective environmental screening level or California human health screening level. C, The developer shall require the construction contractor to prepare and implement a site safety plan, based on the results of sampling conducted as specified in Mitigation Measure HAZ -lb, identifying the chemicals present, potential health and safety hazards, monitoring to be performed during site activities, soils - handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. A copy of the report shall be submitted to the Town. d. The developer shall require the construction contractor to prepare a materials disposal plan, based on the results of historic sampling and sampling conducted as specified in Mitigation Measure HAZ -1 b, for excess soil produced during construction activities. The plan shall specify the disposal method for soil, approved disposal site, and written documentation that the disposal site will accept the waste. If appropriate, Page 9 of 27 materials may be disposed of on -site, under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations. The contractor shall submit the plan to the project sponsor for acceptance prior to implementation and a copy shall be submitted to the Town. During construction, excess soil from construction activities shall be stockpiled and sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. e. The developer shall require the construction contractor to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential contamination includes soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. The project sponsor should remove and notify the regulatory agencies in the event of a discovered release. The assigned lead agency should oversee all aspects of the site investigation and remedial action; and determine the adequacy of the site investigation and remediation activities at the site. 40. *HAZARDS AND HARARDOUS MATERIALS MITGATION MEASURE -2. The project sponsor shall incorporate into contract specifications the requirement that the contractor(s) have a hazardous building materials survey completed by a Registered Environmental Assessor or a registered engineer prior to demolition of the existing building. If any friable asbestos - containing materials or lead- containing materials are identified, adequate abatement practices, such as containment and /or removal, shall be implemented in accordance with applicable laws prior to demolition. Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of. Page 10 of 27 41. *AIR QUALITY MITIGATION MEASURE -1. To limit the project's construction - related dust, criteria pollutant, and precursor emissions, the following BAAQMD- recommended Basic Construction Mitigation Measures shall be implemented: 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. 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 is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. C. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted at the site. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 42. *NOISE MITIGATION MEASURE. The recommendations of the Veneklasen Associates acoustical study shall be incorporated into the final design for the proposed project during Architecture and Site review, and shall include: a. Noise barriers to achieve both the Town's long -term noise goal of 55 dBA (LDN) and /or Town noise guideline of 60 dBA (LDN). Page 11 of 27 b. Walls, glazing, and mechanical ventilation to achieve the Town's interior noise standard of 45 dBA (LDN). Additional noise attenuation measures shall be incorporated into the design of Lots 8, 15, and 22 as necessary to minimize the potential for noise conflicts between project residents and the adjacent auto repair shop. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 43. *GEOLOGY AND SOILS MITIGATION MEASURE -1. The recommendations of the Pacific Geotechnical Engineering geotechnical investigation and AMEC Geomatrix peer review (May 17, 2010 and August 19, 2010) shall be incorporated in the final construction plans for the proposed project. 44. *GEOLOGY AND SOILS MITIGATION MEASURE -2. The developer shall be responsible for the removal of undocumented fill materials within proposed building excavations. Reuse of the fill materials shall only be allowed if the requirements for engineered fill are met. Otherwise, imported engineered fill shall be required for building excavations. Undocumented fill materials that do not meet the requirements for engineered fill shall be reused for landscaping or in non - structural fill areas, or shall be disposed of off -site. 45. *TRAFFIC MITIGATION MEASURE -1. The applicant shall work with the Engineering Division of the Parks and Public Works Department to develop a Traffic Control Plan that shall be incorporated into the contract specifications. This plan will include, but not be limited to, the following measures: a. Construction truck traffic shall only be allowed on Los Gatos Boulevard between 9:00 a.m. and 4:00 p.m., Monday through Friday. When schools are in session, the Town will prohibit truck operations on Los Gatos Boulevard in the site vicinity between 2:15 p.m. and 2:45 p.m. to allow school - related traffic to dissipate from Los Gatos Boulevard, Roberts Road, and the immediate vicinity. Page 12 of 27 b. Haul and delivery trucks shall be required to use Los Gatos Boulevard and the Lark Avenue interchange to access the SR 17 freeway, and they shall not be allowed to use the freeway ramps on Santa Cruz Avenue to access the SR 17 freeway during the AM peak, PM peak, or school AM or PM peak hours. Haul and delivery trucks shall avoid residential streets to the maximum extent feasible. C. The traffic control plan shall include a provision that requires coordination with the scheduled peak truck delivery and haul traffic associated with other approved projects that are located along the project's haul route. 46. 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. 47. 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. 48. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 49. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any permit or recordation of the Final Map. 50, WEST VALLEY SANITATION DISTRICT FEES. All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first — written confirmation of payment of these fees shall be provided prior to map recordation or permit issuance. Page 13 of 27 51. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 52. PARKING. Any proposed parking restrictions must be approved by the Police Department. 53. 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. 54. 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. 55. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as- built" drawings. 56. DEVELOPMENT AGREEMENT. The applicant shall enter into an agreement to construct public improvements that are part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and materials) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks & Public Works Department. Page 14 of 27 57. UTILITIES. The developer shall install all new, relocated, or temporarily removed 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. The applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 58. FINAL MAP. A final map shall be recorded prior to issuance of any permit. Two copies of the final map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title report and appropriate fees. The map shall be recorded before any permits for new construction are issued. 59. PRIVATE UTILITIES /STREET. Prior to the recordation of a subdivision map the applicant shall place a note on the map, in a manner that meets the approval of the Town Engineer that states: "The private streets, utilities constructed within this map shall be owned, operated and maintained by the developer, successor or assigns." 60. PRIVATE EASEMENTS. Agreement detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the subdivision map. 61. CC &R's. Submit a copy of the CC &R's with the tract map submittal. Planning, Engineering and the Town Attorney must sign off on the CC &R's prior to map recordation. 62. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of the final map. 63. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. 64. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town for review and approval. Page 15 of 27 65, 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. The developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 66. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map or permit issuance. The joint trench plans shall include street and /or site lighting and associated photometrics. Applicant shall coordinate with PG &E, obtain pole badge numbers, and schedule street light turn -on with PG &E. Public street lights shall be billed with LS2A rates. Private lights shall be metered with billing to the homeowners association. Pole numbers, assigned by PG &E, shall be clearly delineated on the plans. Public street lights, existing and new, at project frontage shall be fed and metered from the traffic signal service cabinet at Los Gatos Boulevard /Roberts Road, 67, FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and /or repaint) etc. 68. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off - street valve boxes, hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 69. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. 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 Page 16 of 27 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. a. Mitchell Avenue (full frontage). Curb, gutter, sidewalk, curb ramps, knuckles, pave half street along entire property frontage, signing, striping, street lighting, storm drainage and sanitary sewers, as required. b. George Street (full frontage). Curb, gutter, sidewalk, curb ramps, knuckles, pave half street along entire property frontage, signing, striping, street lighting, storm drainage and sanitary sewers, as required. C. Roberts Road (full frontage). Curb, gutter, sidewalk, curb ramps, knuckles, pave half street along entire property frontage, signing, striping, street lighting, storm drainage and sanitary sewers, as required. d. Los Gatos Blvd (full frontage). Curb, gutter, sidewalk, median, curb ramps, knuckles, landscape for full frontage improvements including the proposed median tie -in paving, signing, striping, street lighting, storm drainage and sanitary sewers, as required. Agreement to maintain the landscape shall be signed and recorded prior to issuance of any permit. 70. TRAFFIC SIGNAL. Video detection system with two video detection cameras shall be provided and installed prior to issuance of a building permit. Relocation and/or modification of traffic signal equipment including and not limited to poles, cabinets, signal and interconnect conduits, shall be performed as needed to accommodate any sidewalk relocation work. Replace 8" signal heads with 12" heads. Replace non -LED signals with LED's. Replace safety lighting with LED light fixture and move circuit to metered side. Replace service pedestal with Type III. Install new street lighting and signal conduits along project frontage, crossing Roberts Road, and crossing Los Gatos Blvd. Install fiber optics cable and conduit form fiber splice box to controller cabinet and necessary equipment for termination. Applicant shall pay for the inspection of traffic signal and lighting work by Town's signal and lighting maintenance contractor. Page 17 of 27 71. 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. 72. DRAINAGE IMPROVEMENTS: Prior to the recordation of the map or issuance of any grading permit, the applicant shall: a) Design provisions for surface drainage; and b) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. 73. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 74. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall - -top of wall elevations and locations b. Toe and top of cut and fill slopes 75. 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. 76. RETAINING WALLS. A building permit, issued by the Building Division of the Community Development 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. Page 18 of 27 77. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 78, 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. 79. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and /or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letter /report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 80. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acres or more which are part of a larger common plan of development which disturbs less than 1 acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. You are required to provide proof of WDID# and keep a current copy of the Storm Water Pollution Prevention Plan (SWPPP) at the construction site and shall be made available to the Town of Los Gatos upon request. 81. BEST MANAGEMENT PRACTICES (BMPs). Best Management Practices (BMPs)shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and /or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be placed at the end of each work day. Page 19 of 27 82. STORMWATER DEVELOPMENT RUNOFF. All new development and redevelopment project subject to the Storm Water Development runoff requirements. Applicant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and side design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements. 83. SITE DESIGN MEASURES All projects must incorporate the follow measures to the maximum extent practicable: a) Protect sensitive areas and minimize changes to the natural topography, b) Minimize impervious areas, c) Direct roof downspouts to vegetated areas where feasible, d) Use permeable pavement surfaces where feasible, and e) Use landscaping to treat stormwater. 84. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of most current Santa Clara County NPDES MRP Permit. Monitoring for erosion and sediment control is required and shall be performed by the QSD or QSP as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and.or Numeric Effluent Levels. A Rain Event Action Plan is required when there is a 50% or Page 20 of 27 greater forecast of rain within the 48 hours by the National Weather Service or whenever rain is imminent. The Town of Los Gatos will conduct periodic NPDES inspections of the site to verify compliance with the Construction General Permit and Stormwater Ordinances and Regulations. 85, 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. 86. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled /signed with appropriate Flows to Bay language. On -site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES permit, such as storm water reuse via cisterns, or rain barrels, direct runoff from impervious surfaces to vegetated areas and use of permeable surfaces. Page 21 of 27 87. 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 of the amended Santa Clara County NPDES Permit. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre- qualified by the Town, In the event that storm water measures proposed 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. 88. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner /homeowner's association shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement will specify that certain routine maintenance shall be performed by the property owner /homeowner's association 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. 89. 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. 90. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any public 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. 91. DRIVEWAY APPROACH. The developer shall install all driveways to meet Town standard commercial /residential driveway approach(es). Page 22 of 27 92. CURB RAMPS. The developer shall construct any proposed curb ramps in compliance with ADA Standards. 93. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with Town Code Section §23.10.080. 94. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to planting of trees and hedges, will need to abide the Town Code Section 23.10.080, 26.10.065 and 29.40.030. 95, AS -BUILT PLANS. After completion of construction of all work, the original plans shall have all changes clearly marked. The "as- built" plans shall again be signed and "wet - stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as- built" plans shall be reviewed and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY -LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 96. 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. 97. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow Page 23 of 27 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 6.50.0 10 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. 98. 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. 99. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the ,sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the 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. 100. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. Page 24 of 27 101. 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). 102, CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of any permits. 103, TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, 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. b. Flag persons shall be placed at locations necessary to control one -way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. C. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one -way operation, specifying dates and hours of operation. 104, 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. Page 25 of 27 105. PERMIT ISSUANCE. Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. 106. COVERED TRUCKS. All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT; 107. AUTOMATIC FIRE SPRINKLER SYSTEM. Approved automatic fire sprinklers are required for all new and modified buildings larger than 3,600 square feet or that are more than three 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 the Fire Department for review and approval, prior to beginning work. 108. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,000 GPM at 20 psi, residual. 109. TIMING OF WATER SUPPLY INSTALLATIONS. Installations of required fire services and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of combustible materials. 110. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved all weather surface and 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% (Standard Details and Specifications sheet A -1). 111. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Page 26 of 27 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 3, 2011, 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 17, 2011, and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: Diane McNutt, Steve Rice, and Mayor Joe Pirzynski NAYS: Steven Leonardis and Barbara Spector ABSENT: ABSTAIN: • SIGNED: r AYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 27 of 27 h'I 'w I 16213 Los �' 1. , o 0 T Application No. PO -10 -004 A.P.N. #529 -13 -031 & 055 Change of zoning map amending the Town Zoning Ordinance. ® Zone Change onin From: Crt To: L;H:P® j" Forwarded by Planning Commission Date: September 14, 2011 Approved by Town Council Date: October 17, 2011 Ord: 2033 Clerk Administrator Ma `C Exhibit A Of Attachment 1