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Ord 2037 - Amending the Town Code effecting a zone change from LM to LM-PD for Property at 742 University AvenueORDINANCE 2037 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM LM TO LM -PD FOR PROPERTY AT 742 UNIVERSITY AVENUE 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 addressed as 742 University Avenue shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance, from LM (Commercial - Industrial) to LM (Commercial- Industrial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Demolition the storage buildings and accessory structures; 2. Construction of a 61,796 square foot Research and Development /Office Building. 3. Landscaping, streets and other improvements shown and required on the Official Development Plan; 4. Uses permitted are a Research and Development Use, Office Use, and those uses specified in the LM (Commercial- Industrial) zone by Sections 29.70.105 (Permitted Uses), 29.20.185 (Conditional Uses) of the Town Code, 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. Medical office uses are not allowed on -site; 1 5. A required parking ratio of (1) one parking space for each 270 square feet of gross floor area. 6. Two ground signs. 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 any of the storage buildings and accessory structures and construction work of the dwelling units 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 (Development Plans, 14 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. ARCHEOLOGICAL RESOURCES. 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. REQUIRED PARKING RATIO: The required parking ratio for this development is one parking space for each 270 square feet of gross building area. 2 3. MEDICAL OFFICE USE RESTRICTION: Medical Office Use is prohibited in the R &D/ Office Building. The developer /owner shall notify all future tenants and prospective buyers of this restriction. 4. LIGHTING. Any exterior lighting proposed for the site shall use low wattage lights that are focused and angled downward at a height to minimize incidental lighting of adjacent residences. The use of wide - angled flood lamps is prohibited. 5. COMMEMORATIVE PLAQUE: A plaque noting the history and previous use of the property shall be erected on -site by the developer /owner. 6. FARLEY ROAD STATUS: In order to incorporate this section of Farley Road into the project, the developer shall provide the Town documentation of the right to use this property prior to the issuance of building permit. 7. DEMOLITION MATERIAL RECYCLING: 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. (Engineering Development Section) 8. GRADING PERMIT: A grading permit is required for grading outside the footprint of the building, including parking lot and berm. A separate application for a grading permit (with grading plans) shall be made to the Development Engineering Section of the Planning Department. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Unless specifically allowed by the Director of Building and Engineering Services, the grading permit will be issued concurrently with the building permit. 03 9. SOILS REPORT: Two copies of the soils and geologic report shall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer, in conformance with Section 6735 of the California Business and Professions Code. W. DEDICATIONS. The following shall be dedicated by separate instrument to the Town. The dedication shall be recorded before the issuance of any permits. a. University Avenue. A 40 -foot half- street right -of -way, if it does not exist. b. Sidewalk Easement. An easement for the meandering sidewalk improvements along the University Avenue frontage. The easement is to be at least 0.50 ft wider than the meandering sidewalk. C. Public Service Easement. Ten (10) feet wide, next to the University Avenue right - of -way. 11. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the developer. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. University Avenue. curb, gutter, meandering sidewalk, street light, tie -in paving, signing, striping, storm and sanitary sewers, as required. 12. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before issuance of the building permit. 13. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL): The developer shall pay a proportional to the project's share of transportation improvements 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 application is made. The fee shall be paid before issuance of the building permit. The traffic impact 4 mitigation fee for this project using the current fee schedule and preliminary plans is $30,360. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application. TO THE SATISFACTION OF THE PARKS, FORESTRY AND MAINTENANCE DIRECTOR: 14. TREES TO REMAIN: All existing and newly planted trees shown on the plan are specific subjects of approval of this plan, and must remain on site. 15. TREE REMOVAL PERMIT REQUIRED: Prior to any tree removals the developer /owner shall obtain the necessary tree removal permits from the Town. 16. TREE PLANTING: All newly planted trees shall be double staked as required by Town Standards and shall be planted prior to final occupancy. 17. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A review fee based on current resolution shall be paid when the landscape, irrigation plans and water calculations are submitted for review. 18. IRRIGATION: All newly planted landscaping shall be irrigated by an in- ground system. 19. TREE PROTECTION: All existing trees to remain on site shall be protected prior to and during construction by measures subject to the approval by the Parks and Forestry Department. 20. OAK TREE REMOVAL PERIOD: Removal of the Oak tree on site shall only occur during the time period of July 16 thru January 31 to avoid impacting any potential raptor nesting or breeding unless a report is submitted by a licensed environmental consultant ten days prior to the removal, which states that there is no evidence of raptor nesting or breeding. 5 21. REQUIRED TREE MITIGATION AT DESIGN PHASE: During the project's design phase, the following measures shall be implemented by the developer /owner: a. The trunk location and dripline of the oak tree to be retained will be plotted and the Tree Preservation Notes shall be included on all plans submitted for building permit approval. b. Any plan affecting trees shall be reviewed by the Consulting Arborist to ensure that improvement plans, utility and drainage plans, grading plans, landscape and irrigation plans, and demolition plans will not adversely affect the tree to be retained. C. The Consulting Arborist will identify a Tree Protection Zone for the oak tree to be retained. The Tree Protection Zone shall be defined by the dripline of the tree. d. No underground services including utilities, sub - drains, water or sewer shall be placed in the Tree Protection Zone. e. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. 22. REQUIRED TREE MITIGATION AT PRE - CONSTRUCTION PHASE: During the pre- construction phase the following measures shall be implemented by the developer /owner: a. A fence shall be constructed around the oak to be retained and it shall completely enclose the Tree Protection Zone prior to construction or grading. Fencing shall be a 6 -foot chain link. b. The oak tree to be retained shall be pruned to clean the crown of dead, dying, diseased and otherwise structurally weals branches and to provide adequate clearance for construction. All pruning shall be performed by a Certified Arborist or Tree Worker in accordance with the Tree Pruning Guidelines of the International Society of Arboriculture. The contractor must possess a valid California Contractor's License, with a specialty in tree care (C- 61/D -49). 0 C. Any demolition to occur adjacent to the oak tree to be retained must be performed by hand or, where approved by the Consulting Arborist, by small equipment. 23. REQUIRED TREE MITIGATION DURING CONSTRUCTION PHASE: During Construction, the following measures shall be implemented by the developer /owner: a. Root - injured trees have a limited capacity to absorb water. Therefore, it is important to ensure adequate soil moisture in the area of active roots. One to several irrigations may be needed for trees that are at risk or impacted. Irrigations shall be specified by the Consulting Arborist. b. Any grading, construction demolition, or other work that is expected to encounter roots of trees to be retained( including the eight -inch oak tree off -site) shall be monitored by the Consulting Arborist. C. If injury to a tree should occur during construction, it should be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be made. d. During Construction, any trees to be removed that are adjacent to the two oak trees to be retained must be removed by an Arborist rather than by the contractor. Nearby trees cannot be removed by pushing with large equipment because root injury to adjacent trees will occur. e. Any additional pruning required to provide clearance during construction shall be performed by a Certified Arborist and not by construction personnel. f. If excavation must occur within the Tree Protection Zone, the Consulting Arborist will determine where hand work and root pruning are required. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT: 24. FIRE SPRINKLER SYSTEM :. The developer /owner shall provide an approved automatic fire sprinkler system that conforms to National Fire Protection Standard #13 throughout all portions of the structures proposed. 25. REQUIRED FIRE FLOW: The developer /owner shall provide the required fire flow for this project which is 2,250 GPM at 20 p.s.i. 26. FIRE HYDRANTS: The developer /owner shall provide two (2) fire department approved hydrants on -site with locations to be determined by the Fire Department. 27. FIRE LANE MARKINGS: The developer /owner shall provide Fire Lane makings conforming to Fire Department Standard Detail A -6. 28. ACCESS ROAD REQUIRED: The developer /owner shall provide an access roadway 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 %. Installations shall conform with Fire Department Standard Details and Specifications A -1. 29. ROADWAY PAVING: The required roadway paving shall be in place, inspected, and accepted by the Fire Department prior to the start of construction. Bulk combustible construction materials may not be delivered to the construction site until installations are completed. Clearance for building permits may also be held until these required improvements are in place. 30. KEYBOX REQUIRED: The developer /owner shall provide an approved Fire Department key box and appropriate building keys. Installations shall conform to Fire Department Standard Detail and Specification K -1. 14 TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES: 31. CONSTRUCTION HOURS: Construction on the project site is limited to the hours of 8:00 a.m. to 6:00 p.m. to minimize noise impacts to surrounding properties. 32. HAZARDOUS MATERIALS REMOVAL: The open 5- gallon buckets containing waste oil that are located behind Building No. 5 shall be removed by the developer /owner and properly disposed. 33. HAULING OF SOIL: Hauling of soil off -site will not be conducted 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 start of construction, the developer shall work with the Town Building and Engineering Department to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled off the project site. 34. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the applicable Town ordinances. Adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of goods and materials on the sidewalk and /or street will not be allowed unless a special permit is issued. The developer's representative in charge shall be 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. 35. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the Engineering Construction 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 W Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 36. GRADING INSPECTIONS: 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. 37. EROSION CONTROL (COMMERCIAL): Interim and final erosion control plans shall be prepared and submitted to the Engineering Development Section of the Planning Department. 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 that 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. 38. WATERING AND COVERING OF SOILS: The developer shall regularly water disturbed soil, mist or cover stockpiles if left unattended for more than 24 hours to control construction related dust emissions. 39. TRUCK HAULING AND COVERING: The developer shall ensure that proper haul truck loading and covering measures are implemented during construction to control construction related dust emissions. 40. UTILITIES: The developer must agree to install all utility service, including telephone, electric power, and other communications lines underground, according to Town policy. Cable television capability shall be provided to all new dwellings. 41. 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, 10 sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, or signs shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvements 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. 42. 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 Standards. An inspection made at the time the planning application was filed showed a minimum of 250 square feet of sidewalk currently in need of repair. Limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase. 43. 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 Standards. An inspection made at the time the planning application was filed showed a minimum of 30 linear feet of curb and gutter currently in need of repair. Limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase. 44. CURB RAMPS: The developer shall construct two (2) curb ramps according to State Standard Drawings at the driveways to the site. The actual "Case" as shown on the standard to be used will be decided by the Engineering Construction Inspector during the construction phase. 45. AS -BUILT PLANS: After completion of the construction of all work in the public right - of -way or public easements, the original plans shall have all changes (change orders and field changes) clearly marked. The "As- built" plans shall again be signed and "wet - stamped" by the engineer who prepared the plans, attesting to the changes. The original 11 "As- built" plans shall be reviewed and approved by the Engineering Inspector. A photo Mylar of the approved "As- built" plans shall be provided to the Town before the release of the Faithful Performance Security. 46. DRIVEWAY APPROACH: The developer shall install one (1) Town Standard High Capacity Commercial driveway approach. The new driveway approach shall be constructed per Town Standard Detail S -4. 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. 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. 49. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the applicable Town ordinances. Adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of goods and materials on the sidewalk and /or 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. 50. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the Engineering Construction 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. 12 51. PERMITS REQUIRED: A separate building permit application shall be required for the building addition and the new parking lot. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary. 52. CONSTRUCTION PLANS:. The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 53. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 54. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms shall be blue lined on the construction plans. 55. PLANS: The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 56. TITLE 24 ACCESSIBILITY - COMMERCIAL:. On site parking facility shall comply with the latest California Title 24 Accessibility Standards for disabled. On site general path of travel shall comply with the latest California Title 24 Accessibility Standards for disabled. Work shall include but not limit to have accessibility to building entrances from parking facilities and sidewalks. The building shall be upgraded to comply with the latest California Title 24 Accessibility Standards for disabled. Necessary work shall be first investigated by the design architect then confirmed by the Town staff. 57. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Department Service Counter. The Town Special inspection schedule shall be blue lined on the construction plan. 58. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan 13 submittal. The specification sheet (Size 24" X 36 ") is available at the Building Department service counter. 59. APPROVALS REQUIRED: The Project requires the following agencies approval before issuing a building permit: a) West Valley Sanitation District: 378 -2408 b) Central Fire District: 378 -4015 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October 20, 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 November 3, 1997. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin. NAYS: None ABSENT: Randy Attaway ABSTAIN: None SIGNED: AYOR OF THE TOW F LOS GATOS LOS GATOS, CALIFO� A ATTEST: CLERK OF THE TOWN OFD -LOS GATOS LOS GATOS, CALIFORNIA 14 742 UNIVERSITY AVE /A Tv"L OJrW N OF L Q 8 G-- - Ak - f, Q 8 Application No. DEV -97 -003 Change of zoning map amending the Town Zoning Ordinance. Add'it'ional large attachments or exhibits have not been scanned. Please see original file for reference.