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Ord 2051 - AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM LM TO LM-PD FOR PROPERTY AT 720 UNIVERSITY AVENUEORDINANCE 2051 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM LM TO LM -PD FOR PROPERTY AT 720 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 720 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 retail commercial buildings and accessory structures; 2. Construction of a 24,959 square foot Research and Development /Office Building with an underground parking garage and surface parking. 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 (excluding higher parking generating uses, such as Medical Offices), 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. Higher parking generating uses such as medical office uses are prohibited and are not allowed on- site; 5. A required parking ratio of (1) one parking space for each 270 square feet of gross floor area for Research and Development Office Uses and (1) one parking space for each 2,350 square feet for storage 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 retail commercial buildings and accessory structures and construction work for the R & D Office Building 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, 18 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. ARCHITECTURE AND SITE APPROVAL REQUIRED. Separate Architecture and Site Applications and approvals shall be required for the structures proposed. 2. FINAL STAFF REVIEW OF ARCHITECTURE AND SITE DEVELOPMENT PLANS. The developer /property owner shall provide the Planning Department for approval revised development plans for the building to address the following architectural concerns: 1) New roof materials, 2) Toning down the color of the main body of the building to be less reflective, 3) Removing the trellis elements on the walls of the building, 4) Providing a more prominent entry design, 5) Providing a light smooth stucco finish, and 6) Providing alternate lighting designs. 3. ARCHAEOLOGICAL SURVEY. Prior to the issuance of a Building Permit the property owner /developer shall have a Phase I Archaeological Survey prepared for the property by a qualified archaeologist. 4. ARCHAEOLOGICAL /CULTURAL RESOURCES -1. Should evidence of prehistoric cultural or archaeological resources be uncovered by the Phase I Archaeological Survey or 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 and make appropriate recommendations. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 5. ARCHAEOLOGICAL /CULTURAL RESOURCES -2. If human remains are discovered, the Los Gatos Police Department and Santa Clara County Coroner shall immediately be notified. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 6. ARCHAEOLOGICAL /CULTURAL RESOURCES -3. If the Planning Director, with advise from a qualified archaeologist, finds that the archaeological find is not a significant resource, work would resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. , Provisions for identifying descendants of a deceased Native American and for reburial would follow the protocol set forth in Appendix K of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Planning Director for consideration and approval, in conformance with the protocol set forth in Appendix K of the CEQA Guidelines. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 7. ARCHAEOLOGICAL /CULTURAL RESOURCES -4. A final report shall be prepared by a qualified archaeologist when a find is determined to be a significant archaeological site, and /or when Native American remains are found on site. The final report shall include background information on the completed work, a description and a list of identified resources,. the disposition and curation of these resources, any testing, other recovered information, and conclusions. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner / developer. 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. 8. REQUIRED PARKING RATIO: The required parking ratio for this development is one parking space for each 270 square feet of gross building area for the R& D Office Uses and one parking space for each 2,350 square feet of storage space. 9. HIGHER PARKING GENERATING USES /MEDICAL OFFICE USE RESTRICTION: Higher parking generating uses such as medical office uses are prohibited in the R &D/ Office Building. The developer /owner shall notify all future tenants and prospective buyers of this restriction. 10. VERTICAL CURVES & SIGNS: The developer /property owner shall install vertical curves at the tops and bottoms of the entrance and exit ramps for the parking garage to avoid problems for vehicles with low clearance and /or long wheelbases. Additionally, the developer /property owner shall also provide adequate signs to provide a warning to motorist of the verticle clearance before entering the garage. 11. 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. 12. 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) 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. TO THE SATISFACTION OF THE PARKS AND PUBLIC WORKS DIRECTOR: (Parks and Forestry) 18. 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. 19. TREE REMOVAL PERMIT REQUIRED: Prior to any tree removals the developer /owner shall obtain the necessary tree removal permits from the Town. 20. TREE PLANTING: All newly planted trees shall be double staked as required by Town Standards and shall be planted prior to final occupancy. 21. 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. 22. IRRIGATION: All newly planted landscaping shall be irrigated by an in- ground system. 23. 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. 24. 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. 25. 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. 26. 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 trees to be retained and shall completely enclose the Tree Protection Zone prior to construction or grading. Fencing shall be a minimum 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 weak 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). 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. 27. 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. (Building and Engineering) 28. HAULING OF SOIL: Hauling of soil on or off -site will not be conducted during the morning or evening peak periods(between 7:00 a. in. and 9:00 a. in. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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, 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. 37. 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. 38. 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. 39. CURB RAMPS: The developer shall construct 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. 40. SUMP PUMPS: The developer /property owners shall install sump pumps in the parking garage to remove any retained runoff that collects in the parking garage during a power failure. The pumps should convey retained water from the parking garage to the proposed pump station in the northwest corner of the site. Pump locations and capacities shall be approved by the both the Planning and Building & Engineering Departments. 41. 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 "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. 42. 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. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. 48. CONSTRUCTION PLANS:. The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 49. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 50. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms shall be blue lined on the construction plans. 51. 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) 52. 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. 53. 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. 54. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (Size 24" X 36 ") is available at the Building Department service counter. 55. 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 TO THE SATISFACTION OF THE CHIEF OF POLICE: 56. CONSTRUCTION HOURS: Construction on the project site is limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, but activities shall not be allowed to generate noise levels above 75 dBA at 25 feet. Operation of heavy equipment at the project site on weekends and holidays is prohibited. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT: 57. 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. 58. REQUIRED FIRE FLOW: The developer /owner shall provide the required fire flow for this project which is 5,550 GPM at 20 psi. 59. FINAL REQUIRED FIRE FLOW: Required fire flow may be reduced up to 50% in buildings equipped with automatic fire sprinkler systems, but can be no less than 1500 GPM. Therefore the final require fire flow is 2750 GPM at 20 psi. residual pressure. This flow shall be taken from any two fire hydrants, on or near the site so long as they are space at a maximum spacing of 250 feet. 60. FIRE HYDRANTS: The developer /owner shall provide fire department approved hydrant(s) at location(s) to be determined jointly by the Fire Department the San Jose Water Company. Maximum hydrant spacing shall be 250 feet and the minimum single flow hydrant shall be 1500 GPM at 20 psi. residual pressure. If fire hydrants are already in place include civil drawings on the development plans showing location of all hydrants with the building permit submittal. 61. PRIVATE FIRE HYDRANT(S) REQUIRED. Provide 1 private on -site fire hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet and the minimum single flow hydrant shall be 1500 GPM at 20 psi. residual pressure. Prior to design, the project Civil Engineer shall meet with the Fire Department Water Supply Officer to jointly spot the hydrant location(s). 62. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS: Required Fire Hydrant and Water Supply installations shall be in place, inspected, tested and accepted by the Fire Department prior to the start of framing construction. Bulk construction materials may not be delivered to the construction site until installations are completed as stated above. Clearance for building permits may be held until installations are completed. 63. FIRE LANE MARKINGS: The developer /owner shall provide Fire Lane makings conforming to Fire Department Standard Detail A -6. 64. PARKING ALONG ROADWAYS: The required width of fire access roadways shall not be obstructed in any manner. 65. PREMISES IDENTIFICATION: Approved numbers and addresses shall be placed on all new and existing 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 and be a minimum of four inches in height. 66. 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. Project turn - around noted. 67. 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. 68. 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. SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 21, 1998, 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 5, 1998. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins Mayor Linda Lubeck NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: -� C --- ( D 1 CLERK OF THE TOWN OF LAS GATOS LOS GATOS, CALIFORNIA