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Ord 2058 - Amending the Zoning Ordinance Effecting a Zone Change from C-2 to C-2:PD at 130 S. Santa Cruz AvenueORDINANCE 2058 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM C -2 TO C -2:PD AT 140 S. SANTA CRUZ 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 at 140 S. Santa Cruz Avenue shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from C -2 (Central Business District Commercial) to C -2:PD (Central Business District Commercial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Construction of 25 additional hotel rooms for a total of 122 rooms. 2. Enclosure of exterior deck on the main level adjacent to the hotel office; 3. Landscaping, street improvements and other improvements shown and required on the Official Development Plan; 4. The existing restaurant (46 seats), cocktail lounge (32 seats) and conference rooms (seating capacity of 260) are permitted to remain subject to the conditions of the Conditional Use Permit (which is currently U- 76 -113) for the site. Any changes to the use or increase in seating of the restaurant will require a modification to the applicable Conditional Use Permit, 5. Uses permitted are those specified in the C -2 (Central Business District Commercial) zone by Sections 29.60.320 (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. i SECTION IV Architecture and Site Approval is required before the construction work 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 Zoning Ordinance. SECTION V The attached Exhibit A (Map) and Exhibit B (Development Plans, 10 sheets), are part of the Official Development Plan. The following must be complied with before issuance of any grading or construction permits: TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) 1. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 2. TRASH ENCLOSURE. The proposed trash enclosure area shall be located as far from adjacent residences to the extent feasible to minimize noise impacts from trash disposal and collection activities. The complete enclosure shall be designed to reduce noise levels by 30 to 35 dBA which can be achieved by a masonry structure with roof enclosure. The doors on the trash enclosure area shall be located on the south side of the enclosure (away from residences to the north) to the extent feasible. The doors on the enclosure shall be equipped with door returns (so they close automatically) to ensure that doors are always closed when the compactor is operating. This shall be shown on the Architecture and Site approval plans. (Engineering Development Section) 3. 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 mitigation fee for this project using the current fee schedule and preliminary plans is $13,737.60. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, use a Trip Generation Rate based on an average of the Hotel rate by occupied room and the Hotel rate by employee. 4. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded. Two copies of the legal description for the new lot configuration and a plot map (8 - X 11 ") shall be submitted to the Engineering Development Section of the Planning Department for review and approval. 2 Submittal shall include closure calculations, title report and appropriate fee. The certificate shall be recorded before the issuance of any permits. 5, PUBLIC IMPROVEMENTS: The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by 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 permit. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. S. Santa Cruz Avenue, west side. - Curb, gutter, an irrigated and landscaped "pedestrian plaza (with no street access) ", street light, tie -in paving, signing, striping, storm and sanitary sewers, as required. Improvements shall comply with the Downtown Streetscape Plan. b. S. Santa Cruz Avenue, east side. Curb, gutter, irrigated and landscaped island (with no street access) adjacent to sidewalk, tie -in paving, signing, striping storm and sanitary sewers, as required. Improvements shall comply with the Downtown Streetscape Plan. 6. 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. 7. ROUNDABOUT: Aroundabout shall be designed by the applicant. Plans for the roundabout shall be prepared by a California Registered Civil Engineer, reviewed and approved by the Town. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS (Parks Section) 8. PROTECTIVE FENCING. 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. 9. NEW TREES. Newly planted trees shall be double - staked, using rubber tree ties and shall be planted prior to acceptance of the subdivision. 10. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site. 11. 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. 12. LANDSCAPE PLAN. A final landscape plan shall be submitted at the time of Architecture and Site approval. 3 (Public Works Section) 13. 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. 14. NONPOINT SOURCE POLLUTION PREVENTION. On -site drainage systems shall include a filtration device in the catchbasins or a grease and oil separator shall be installed. 15. 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. 16. 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. 17. 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. Limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase. 18. 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 Standard Detail. Limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase. 19. AS -BUILT PLANS: After completion of the construction of all work in the public right -of -way or 4 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 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. 20. 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. 21. 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. (Building Section) 22. GREASE TRAPS. Meet all requirements of the County Health Department and West Valley Sanitation District for the interception, separation, or pretreatment of effluent. 23. PERMITS REQUIRED. A building permit application shall be required for the proposed addition. Separate Electrical /1V4echanical/Plumbing permit shall be required as necessary. 24. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 25. SIZE OF PLANS. The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 26. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be blue lined on the construction plans. 27. 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) 28. TITLE 24 ACCESSIBILITY - COMMERCIAL. On site parking facility shall comply with the latest California Title 24 Accessibility Standards for disabled. 29. TITLE 24 ACCESSIBILITY - COMMERCIAL. On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 30. TITLE 24 ACCESSIBILITY - COMMERCIAL. The building shall be upgraded to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect then confirmed by the Town staff. 31. SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the E 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. 32. 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. 33. APPROVALS REQUIRED. The Project requires the following agencies approval before issuing a building permit: a) West Valley Sanitation District: 378 -2407 b) Santa Clara County Fire Department: 378 -4010 TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT: 34. FIRE FLOW. Required fire flow for this project and the existing structure is 5000 GPM at 20 psi. residual pressure for four hours. The required fire flow is not available from area water mains and fire hydrant(s) which are spaced at the required spacing. Required fire flow may be reduced up to 75% in buildings equipped with automatic fire sprinkler systems but, can be no less than 1500 GPM. Therefore, the final required fire flow is 1500 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 spaced at a maximum spacing of 250 feet. 35. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. Buildings requiring a fire flow in excess of 2,000 GPM shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically designed per National Fire Protection Association (NFPA) Standard #13, 1994 Edition. 36, FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 44 feet outside and 31 feet inside, and a maximum slope of 10% and vehicle loading of 52,220 pounds. 37. FIRE LADDER TRUCK SET UP AREA(S) OPTION. Provide Fire Department Ladder Truck Set Up Areas with a minimum unobstructed width of 30 feet and minimum length of 60 feet. Area shall support 75,000 pounds of gross vehicle weight. Area shall be paved or other engineered surfaces may be used with Fire Department approval. 38. FIRE DEPARTMENT (ENGINE) ROADWAY TURN - AROUND REQUIRED. Provide an 0 approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A -1. Cul -de -sac diameters shall be no less than 72 feet. 39. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner, Parking shall not be allowed along roadways less than 28 feet in width. Roadway widths shall be measured face to face of curb. Parking spaces are based on an 8 foot wide space. 40. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A -6. 41, LOADING CALCULATIONS. Provide qualified verification of parking structure /rear roadway area weight load calculations to reflect that the structure is capable of bearing a load of 52,220 pounds static operating weight. SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on January 19, 1999, 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 1, 1999. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski Mayor Jan Hutchins NAYS: None ABSENT: None ABSTAIN: None SIGNED: ATTEST: CJ (2, CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA R OF T TOWN OF LOS-GATOS A,-T- ' CALIFORNIA NASHARMATY2199.16 7 140 S SANTA CRUZ AVE - Planning Commission date 121 I Approved 'by, To .-Counc d 0 Town Clerk Ma Additional large attachments or exhibits have not been scanned. Please see original file for reference.