Ord 2027 - Amending Ordinance No. 2005 relating to the development of the property located at 337 and 371 Bella vista WayORDINANCE 2027
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 2005
RELATING TO THE DEVELOPMENT OF THE
PROPERTY LOCATED AT 337 AND 371 BELLA VISTA WAY
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Council adopted Ordinance No. 1696 which set forth the performance standards
for development of property at the Los Gatos Commons on Alberto Way. That project was
completed and Council subsequently amended that Ordinance with Ordinance No. 2005 for
development at 371 Bella Vista Avenue. The Performance Standards of Ordinance No. 2005 are
hereby amended to reflect the development of the property addressed as 337 and 371 Bella Vista
Way (Exhibit A). The Development Plan of Ordinance No. 2005 is still in effect concerning the
landscaping (excluding the common deck area), the emergency access road and elevations for the
Phase 1 site, 371 Bella Vista Avenue. Phase 1 of the development, is currently under
construction. Phase 2 is the incorporation of 337 Bella Vista Avenue.
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition of an existing single - family residence, (A single family residence and
numerous accessory structures have already been demolished as part of Ordinance
No. 2005);
2. Construction of 41 single- family dwelling units and 6 BMP units.
3. Landscaping, streets and other improvements shown and required on the Official
Development Plan;
N: \DEV \ORDS \337BELLA.ORD
4. Uses permitted are those specified in the RM (Multiple Family Residential) zone
by Sections 29.40.610 (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 Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval is required before the demolition of the single family
residence and construction work of the dwelling units is performed at 337 Bella Vista Avenue,
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 Zoning
Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Tentative Map and Development Plans,
sheets), are part of the Official Development Plan. The following must be complied with before
issuance of any grading, demolition or construction permits:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. Should evidence of prehistoric cultural resources be uncovered during project construction,
work must be halted within a 50 -foot radius of the find and a qualified archaeologist must
be contacted to determine its significance.
2. A Tree Removal Permit shall be obtained prior to the issuance of a Building and /or
Grading Permit.
N: \DEV \ORDS \337BELLA.ORD 2
3. The average height of the residences shall not exceed 30 feet.
4. All wood, metal, glass, and aluminum materials generated from the demolished structure
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 Town's demolition inspection.
5. During the Architecture and Site application process all new residences, to the extent
feasible, shall be designed to take full advantage of passive solar opportunities.
6. Minimum interior clear dimensions of two car garages shall be 20' x 20'.
7. Evening hour use for the swimming pool shall not go past 10:00 p.m. and shall be so
noted in the CC &R's.
8. No additional square footage shall be permitted to any of the units and shall be so noted
in the CC &R's.
9. Final CC &R's shall be approved by the Town Attorney prior to recordation of the map.
10. For Phase 1, at least three of the BMP units must receive approved building permits prior
to issuance of the building permit for the 16th market rate unit. Prior to the issuance of
the 30th market rate unit building permit, all BMP building permits must have been issued.
For Phase 2, the BMP unit must receive an approved building permit prior to issuance
of the building permit for the ninth market rate unit.
11. See - through types of fencing shall be provided along Bella Vista Avenue.
12. Any future amendments made to the CC &R's which conflict in any way to this Planned
Development Ordinance shall first be approved by the Town and shall be so noted in the
CC &R's.
13. At least one of the BMP Units shall be a three bedroom unit.
14. A minimum of 200 square feet of private open space shall be provided for each unit.
(Engineering Section)
15. The CC &R's shall include provisions for traffic circulation and vehicle parking
enforcement procedures.
N: \DEV \ORDS \337BELLA.ORD 3
16. Preserve emergency access road as the true emergency access and pedestrian egress with
express prohibition of parking in the access easement. The owners of Los Gatos
Commons (Part A, Ordinance 1696) shared responsibility to maintain the emergency
access road will be limited to the shorter emergency access road resulting from the
construction of Phase 1 on Part B.
17. Submit a separate copy of the final grading, drainage, retaining wall, driveway, utility and
interim erosion control plans.
18. No grading or earth - disturbing activities shall be initiated between October 1 and April 15.
For grading operations commenced before October 1, all grading or earth - disturbing
activities shall cease October 15 and will not be allowed to restart until April 15. These
limitations apply to the following: driveways, building pads, foundation trenches and
drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility
trenches. Install interim erosion control measures, shown on the approved interim erosion
control plan, by October 1, if final landscaping is not in place. Maintain the interim
erosion control measures throughout the October 1 to April 15 period.
19. Interim and final erosion control plans shall be prepared and submitted. Grading activities
shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two
weeks is allowed between clearing of an area and stabilizing /building on this area if
grading is allowed to go on during the rainy season. In addition, straw bales and plastic
sheeting shall be stored on -site for emergency control, if needed. Install filter berms,
check dams, retention basins, silt fences, and straw bale dikes as needed on the project
site, to protect downstream water quality during winter months.
20. A Grading Permit will be required for the construction of this project.
21. A soils and geologic report shall be prepared which provides specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design and erosion
control. A registered civil engineer, specializing in soil mechanics, shall be included in
the group that prepares this report.
N: \DEV \ORDS \337BELLA.ORD 4
22. All fees, as applicable, are to be paid before any permits are issued.
23. A well information questionnaire (available through the Counter Technician) shall be
completed.
24. File a final map.
25. The following shall be dedicated:
a. Ingress- egress, storm drainage, sanitary sewer and public service easements, as
required.
b. Emergency Access Easement as required.
26. The following improvements shall be guaranteed by contract, Faithful Performance
Security and Labor & Materials Security, and completed before the occupancy of any new
building:
a. Curb, gutter, sidewalks, street light, tie -in paving, signing, striping, storm and
sanitary sewers, as required.
b. Reconstruction of the emergency access road at no cost to the owners of Los Gatos
Commons (Part A, Ordinance 1696)
Provide all documents, contracts, security, and fees, as applicable, before the map is
recorded.
27. Provide insurance holding the Town harmless before recording the map.
28. Payment of a Traffic Impact Mitigation fee for 45 single family dwellings, based on
current resolution, shall be paid prior to the issuance of any Certificates of Occupancy.
29. The applicant shall pay for the design and construction costs of the interconnection of the
traffic signals at Los Gatos - Saratoga Avenue \Los Gatos Blvd and Los Gatos- Saratoga
Avenue \Alberto Way.
30. The median island at the northern driveway entrance on Alberto Way shall be eliminated
and the roadway's approach to this intersection shall be designed with a 30 foot width.
31. Provide underground cable television service to all lots.
N: \DEV \ORDS \337BELLA.ORD 5
32. A five -year tree maintenance agreement shall be entered into prior to the issuance of a
building permit. Any trenching within the dripline of existing trees shall be hand dug.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE
SERVICES:
33. 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.
34. 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. Such fencing is to be installed prior to, and
be maintained during, construction.
35. Newly planted trees shall be double- staked, using rubber tree ties and shall be planted
prior to acceptance of the subdivision.
36. No irrigation or planting shall be permitted under the dripline of existing native trees.
37. No construction or grading shall take place within the dripline of existing trees.
38. Any impervious area (excluding roadways) encroaching under the dripline of existing trees
shall have aeration tubes installed.
39. A precise landscaping plan and an Arborist Report concerning the Italian Pine trees, shall
be submitted at the Architecture and Site Approval stage of development for 337 Bella
Vista Avenue.
40. This project is subject to the Town's Water Efficient Landscape Ordinance as per AB325.
A review fee based on current resolution shall be paid when the landscape, irrigation plans
and water calculations are submitted for review. Plans and fees must be submitted prior
to issuance of a building permit at 337 Bella Vista Avenue.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
N: \DEV \ORDS \337BELLA.ORD 6
41. At Unit 10, at 337 Bella Vista Avenue, a 48 -inch "acoustically- effective" balcony railing
at the second floor balcony shall be constructed. The railing height is in reference to the
nearest balcony floor elevation. The balcony railing shall be consistent with construction
design measures outlined by Edward Pack Associates (1996) under Section II,
Recommendations (refer to Attachment A of the Initial Study relating to Phase 2 of this
project).
42. During project construction, the operation of heavy equipment shall be limited to the
daytime working hours (8 a.m. to 8 p.m. Monday through Friday, 9 a.m. to 7 p.m.
Saturday and Sunday) to minimize potential disturbance of the adjacent residents.
Stationary noise sources shall be located as far from adjacent residences as possible. If
they must be located near the existing residences for any length of time, they shall also be
enclosed within temporary sheds.
43. Equipment used for project construction shall utilize control techniques (improved
mufflers, equipment redesign, use of silencers, ducts and mufflers) in order to minimize
construction noise impacts.
44. Construction noise shall be minimized by requiring the project contractors to agree with
the following measures:
a. Use of state -of -the -art muffling techniques and equipment,
b. Selection of quieter procedures such as drilling rather than using impact equipment,
C. Use of quiet machines,
d. Elimination of unnecessary idling of equipment, and
e. Simultaneous operation of different pieces of noise - producing equipment shall be
avoided.
45. The soils engineer or his qualified representative shall continuously inspect all grading
operations. The soils engineer shall submit a final grading report before
occupancy /Certificate of Completion.
N: \DEV \ORDS \337BELLA.ORD 7
46. Replace any sections of curb, gutter and sidewalk that are currently broken or raised, or
any sections damaged during construction, along the frontage of this property.
47. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by
the Town of Los Gatos before they are used or reused.
48. Install a sanitary sewer lateral clean -out to serve each residence.
49. Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered civil engineer for the following items:
a. Pad elevation
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
50. The one way street shall be clearly posted with signs and markings to help differentiate it
from the two -way street.
51. Standard "One Way -Do Not Enter" signs shall be installed.
52. Prior to demolition of the existing residence, building materials shall be sampled and
analyzed for the presence of asbestos. The survey shall be completed by a certified
asbestos specialist and appropriate measures regarding removal of all identified asbestos-
containing materials and disposal shall be taken. Removal of asbestos - containing materials
in any identified building shall be performed by a licensed and registered asbestos
abatement contractor and shall be disposed of at a landfill permitted to accept asbestos.
The asbestos report shall be submitted the Town prior to issuance of the demolition
permit. In addition, the applicant will be required to obtain clearance for asbestos removal
from the Bay Area Air Quality Management District prior to issuance of a demolition
permit.
53. The residences shall be designed to include the following features:
N: \DEV \ORDS \337BELLA.ORD 8
a. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water
closet, shower and bathtub, located at 34 inches from the floor to the center of the
backing, suitable for the addition of grab bars.
b. All passage doors shall be at least 32- inches wide on accessible floor.
C. Primary entrance shall have a 36 -inch wide door including: a 5 -foot by 5 -foot level
landing no more than one inch out of the 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.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
54. Except in designated parking bays, on- street parking shall be prohibited on all internal
project roadways by painting the curbs red and posting "No Parking" signs.
55. Roadway turning radius shall be a minimum of 27 feet to the inside and 42 feet to the
outside.
56. Provide on -site public fire hydrants at a maximum spacing of 500 feet between hydrants.
Required fire flow is 1500 gallons per minute at 20 psi. residual.
57. The required fire hydrant and roadway installations shall be in place and accepted by the
fire department prior to the start of framing. Bulk construction materials shall not be
delivered to the site until the hydrants and roadway have been accepted.
TO THE SATISFACTION OF SANTA CLARA COUNTY ENVIRONMENTAL HEALTH
DEPARTMENT:
58. All recommendations identified in the Phase I Environmental Assessment report prepared
by Clayton Environmental Consultants, dated January 5, 1995, shall be completed.
N: \DEV \ORDS \337BELLA.ORD 9
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on February 3, 1997, 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 February 18, 1997.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin
NAYS: None
M=1 = e=
ABSTAIN: None -
SIGNED:
AYOR OF THE TOWN O ' OS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
11
CLERK OF THE TOWN O GATOS
LOS GATOS, CALIFORNIA
N: \DEV \ORDS \337BELLA.ORD 10
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