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Ord 1957 - Amending Ordinance 1856 Relating to the Performance Standards, Sertback and Improvement Requirements Affecting Zone Change No. 81 from O, R-1:8000 & RM:5-20 to R-1:8000-PDORDINANCE 1957 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1865 RELATING TO THE PERFORMANCE STANDARDS, SETBACK AND IMPROVEMENT REQUIREMENTS AFFECTING ZONE CHANGE NO. 81 FROM O, R- 1:8000 & RM:5 -20 TO R- 1:8000 -PD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Performance Standards of Ordinance No. 1865 are hereby amended to reflect the current project. The following Performance Standards and revised setbacks and improvements shown in Exhibits A through G are part of the original Official Development Plan of Ordinance No. 1779 and must be complied with before issuance of any grading or construction permits: TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) 1. The Roberts Road Bridge, Nino house, and the on -site rock wall shall be preserved. Any exterior changes of the Nino house shall require Architecture and Site Approval. All changes to the Nino house shall be reviewed by the Historic Preservation Committee. 2. The applicant shall provide a new bus stop along the Blossom Hill Road frontage of this property, including a bus shelter. 3. Applicant shall provide in the construction contract that the general contractor shall use quieting equipment control and procedures to reduce noise levels. SLB \ORDS \Z -86 -6B 1 4. Construction shall be limited 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. 5. Applicant shall obtain tree removal permits prior to issuance of any Building Permit. 6. Within the limits of the building envelopes provided, the Planning Commission shall have full discretion to modify the conceptual buildings proposed. These modifications may include change of materials, and smaller dwelling units. 7. Structures submitted for precise plan approval shall be designed to maximize passive solar heating and cooling provisions, and a detailed analysis and summary of these provisions shall be provided. 8. The entrance sign reading Vasona Hills shall be deleted. 9. Use of outer gates to be reconsidered; review the built project without the gates, and, if they seem reasonable, install at that time. 10. If any indication of archeological remains are encountered during construction activities, all such activities should cease immediately until a qualified archeologist can ascertain the nature of the discovery and recommend mitigation, if necessary. 11. All historic artifacts unearthed during construction activities shall be turned over to the Los Gatos Museum. 12. Of the five BMP units required, one of these must include the rehabilitated Nino residence. 13. Applications for modification to an approved Architecture and Site application shall be filed for such parcels where setbacks are to be modified as identified in Exhibit A. SLB \ORDS \Z -86.6B 2 (Engineering Section) 14. The existing well on site shall be abandoned and capped in accordance with the requirements of the water district. 15. Retaining wall uphill of residence on Lot 26 shall be designed and /or relocated at the Architecture and Site Approval stage. 16. A Traffic Impact Mitigation Fee shall be paid as established by Town Council resolution at the time of payment for each new house, prior to the issuance of a Certificate of Use and Occupancy. 17. The Vasona Park entrance shall be relocated to line up with the existing Roberts Road and Blossom Hill Road (west) intersection. This cost shall be borne by the applicant. 18. The intersection of Blossom Hill Road and Roberts Road / Vasona Park entrance shall be signalized. Associated improvements shall include interconnection with the existing traffic signals at Blossom Hill Road and University Avenue, storm drainage improvements, street lighting, and channelization improvements consisting of curb returns, tie -in pavement, traffic islands, signing, striping, and other pavement markings. The cost of these improvements shall be borne by the applicant. 19. A soundwall shall be constructed to reduce the exterior noise level on Lots 7, 8, 9, 10 and 11. To achieve the required reduction in noise levels, one of the following alternatives shall be implemented: a. The preferred alternative would be to construct a soundwall (maximum 14 -foot height) parallel to Los Gatos Creek within the Highway 17 SLB \ORDS \Z -86 -6B 3 right -of -way. The cost of the length of wall necessary to achieve proper sound attenuation for the subdivision shall be borne by the applicant. Additionally, under this alternative, the applicant shall construct a trail as shown in Exhibit B and extend the soundwall the length of the trail; stepping the wall height down in two foot increments from 14 feet to 8 or 10 feet. The applicant may elect to contribute additional funds toward this construction, depending on whether or not their overall financial obligation is reduced in the process of modifying the existing Planned Unit Development permit. The remainder of the cost of constructing the additional improvements would be borne by the Town. Since this alternative requires an encroachment permit from Caltrans and additional funds from the applicant and Town, a second alternative is provided. If for any reason the preferred alternative cannot be constructed, the below described alternative shall be implemented. b. The existing sound wall along Highway 17 shall be extended by constructing a 10 to 12 -foot high soundwall along the Highway 17 boundary of Lots 10 and 11. Additionally, a 14 -foot high soundwall shall be constructed along the rear yard property lines of Lots 8, 9 and 10, and a 12 -foot high soundwall along the rear yard property line of Lot 7, as shown in Exhibit C. The cost of this wall shall be borne by the applicant. 20. Should the Town Council approve the closure of Roberts Road the orientations of the homes on Lots 30 and 31, and the vehicular access to Lot 31 shall be modified as shown on Exhibit D. SLB \ORDS \Z -86 -6B 4 21. A certificate of lot line adjustment shall be filed to adjust the lot line in the southwest corner of Lot 5, as shown on Exhibit E. 22. The sidewalk on the westerly side of Ohlone Court between . the driveway to Lot 25 and the walkway to Lot 26 (as shown on Exhibit F) shall be eliminated, including the proposed retaining wall to be constructed immediately adjacent to this section of sidewalk. 23. The original Planned Unit Development permit provided for the possible closure of Roberts Road. The Town could agree to close Roberts road as previously stipulated (the applicant has recorded an offer of dedication for a 42 -foot radius cul -de -sac bulb) or select the alternative recommended by the Development Review Committee (Exhibit G). The applicant shall pay fifty percent (50 %) of the cost for closing Roberts Road, not to exceed $60,000. If the road closure has not already been affected prior to issuance of the final certificate of occupancy, the applicant shall post a security with the Town in the amount of $60,000 (sixty - thousand dollars) to secure construction of the improvements associated with this road closure. The obligation to provide said security shall expire three years after the date of issuance of the last certificate of occupancy for the subdivision or upon expiration without acceptance of the offer of dedication for the cul -de -sac on Roberts Road, whichever occurs first. 24. The applicant has executed an agreement with the County of Santa Clara Parks and Recreation Department for the relocation of the park entrance and construction of improvements within Vasona Park. SLB \ORDS \Z -86.6B 5 25. An eight (8) foot wide asphalt concrete path shall be constructed within dedicated open space adjacent to Los Gatos Creek, to conform with the existing bicycle path south of Blossom Hill Road. 26. The following improvements shall be guaranteed by contract, Faithful Performance Security, and Labor and Materialman's Security, and completed prior to the occupancy of any new building. a. All improvements within the Blossom Hill Road right -of -way associated with relocating the Vasona Park entrance to line up with Roberts Road. b. All improvements associated with signalizing the intersection of Blossom Hill Road and Roberts Road / Vasona Park entrance, including an interconnection with the existing traffic signals at the Blossom Hill Road /University Avenue intersection and traffic channelization improvements. C. All improvements associated with the construction of the pathway adjacent to Los Gatos Creek, including the proposed new portion of the pathway within the Highway 17 right -of -way. d. All improvements associated with the construction of the soundwall required to reduce the exterior noise level on Lots 7, 8, 9, 10, and 11, including any extensions of this wall necessary to protect the proposed new trail. 27. All lots shall be surveyed and monumented (set pipes) prior to construction. 28. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation SLB \ORDS \Z -86 -6B 6 b. Finish floor elevation C. . Foundation corner locations d. Retaining wall - -top of wall elevations and location e. Toe and top of cut and fill slopes 29. All documents, contracts, security, insurance, as applicable, shall be provided prior to issuance any permits. 30. Active cable television service shall be provided for each lot. 31. The off - hauling of the excess excavated material shall be limited to the period between 9:00 a.m. - 3:00 p.m., Monday through Friday. 32. Approval of vacating Town property for project shall be obtained prior to receiving Architecture and Site Approval. 33. The emergency access road between Ohlone Court and Roberts Road shall be maintained by the homeowners' association. 34. Provide permanent access to the creek from Roberts Road upstream of the bridge. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 35. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by and under the supervision of the Director of Parks, Forestry & Maintenance Services. 36. Prior to any Construction or Building Permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing SLB \ORDS \Z -86 -6B 7 demonstrating type and location shall be submitted to the Planning Director after being approved by the Director Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. 37. Any trenching proposed within the dripline of existing trees shall be hand dug. 38. Applicant shall include in the CC &R's a section requiring that all non - native plants or ground cover be planted, nor any impervious surfaces (i.e. patios) be constructed under the dripline of existing trees. Native plants must be a minimum of 12 feet from the tree trunk and irrigation shall not spray within the dripline of existing trees. 39. Any building constructed under the dripline of existing trees will be required to have a pier and beam foundation. 40. Any impervious area encroaching under the dripline of existing trees shall be interlocking pavers. 41. Newly planted trees shall be double- staked, using rubber tree ties. 42. The soundwall shall be a minimum of eight feet from the trunk of existing trees and shall be constructed using pier and beam, unless otherwise specified by the Parks Superintendent. 43. Applicant shall work with Caltrans, to plant drought tolerant trees on State property to screen soundwall from Highway 17. 44. Applicant shall provide additional landscaping as needed in the creek area. 45. Should the Town Council approve the closure of Roberts Road, final landscaping plans for the road closure shall be submitted to the Department of Parks, Forestry and Maintenance Services. SLB \ORDS \Z -86 -6B 8 TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES: 46. All units must meet the handicapped accessibility requirements as adopted by the Town Resolution 1991 -230. 47. The applicant shall obtain a revocable permit for the good neighbor fence proposed to be constructed on Town property for Lots 2 through 4. 48. The applicant shall provide to the Town a new survey describing the area where the Earth Stone wall was constructed in the public right -of -way for dedication of an easement. TO THE SATISFACTION OF THE TOWN ATTORNEY: 49. CC &R's shall meet all Town requirements. TO THE SATISFACTION OF THE COUNTY OF SANTA CLARA PARKS AND RECREATION DEPARTMENT: 50. Redesign and refurbishment, as necessary of the park entrance wall and entry signage, as per original design. 51. Relocation of all affected park utilities including, but not limited to: water meter and main, irrigation backflow preventer, sprinkler system, electrical and telephone. 52. Demolition of existing park entrance road that will not be used in the redesigned entry. 53. Construction of the new park entrance road (park standard width 22 feet - 0 feet) connecting Blossom Hill Road with the existing park road system. SLB \ORDS \Z -86 -6B 9 54. Implementation of landscaping and irrigation of new park entrance and entrance station areas. TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT: 55. Four (4) new fire hydrants are required for this development. 56. The required fire hydrant installations shall be tested and accepted by the Central Fire District prior to the issuance of any Building Permit. 57. Access roads shall be installed with all- weather surfaces capable of supporting the imposed load of fire apparatus, 35,000 pounds prior to the issuance of any Building Permit. TO THE SATISFACTION OF THE POLICE DEPARTMENT: 58. The emergency access road must be adequately lighted for pedestrian traffic. SLB \ORDS \Z -86 -6B 10 SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 20, 1993, 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 4, 1993. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None SIGNED: YOR OF 7THE OW F LOS GAT( S GATOSALIFORN A ATTEST: --- au CLERK OF THE TOWN OF 6S GATOS LOS GATOS, CALIFORNIA SLB \ORDS \Z -86 -6B 11