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Ord 2060 - Ordinance of the Town Amending the Zoning Ordinance Effecting a Zone Change from R-1:8, CH and RM:5-12 tp CH-PD at 15089 Los Gatos BoulevardORDINANCE 2060 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R -1:8, CH, AND RM:5 -12 TO CH -PD AT 15089 LOS GATOS BOULEVARD 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 15089 Los Gatos Boulevard as shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from R -1:8 (Single Family Residential), CH (Restricted Highway Commercial) and RM:5 -12 (Multiple Family Residential, 5 -12 units per acre), to CH -PD (Restricted Highway Commercial, Planned Development). 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, commercial building, residential lodge, and studio; 2. Construction of two commercial buildings to be used as retail /office; 3. Landscaping, street improvements, parking areas and other site improvements shown and required on the Official Development Plan; 4. Uses permitted are those specified in the CH (Restricted Highway Commercial) zone by Sections 29.60.415 (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, commercial building, residential lodge, and studio, or before any construction work for the commercial buildings 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 Zone Change Map (Exhibit A) and Development Plans, 8 sheets (Exhibit B), 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. DEVELOPMENT STANDARDS (SETBACKS, HEIGHT, ETC.). Yard setbacks and building heights shall be limited to those depicted on the approved development plans. The height of the North and South Buildings shall meet the height requirement of the underlying zone. Both the North and South Buildings shall be permitted to be built up to the side property line. 2. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site Application and approval shall be required for the commercial structures proposed. 3. "CULTURAL RESOURCES MITIGATION -l. In the event that archaeological traces are encountered, all construction within a 50 -meter radius of the find will be halted, the Planning 2 Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. 4. "CULTURAL RESOURCES MITIGATION -2. If human remains are discovered, the Santa Clara County coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are Native American and are not subject to his /her authority, he /she will notify the Native American Heritage Commission, which will attempt to identify descendants of the deceased Native Americans. 5. "CULTURAL RESOURCES MITIGATION -3. If the Planning Director finds that the archaeological find is not a significant resource, work will 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 will 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. 6. "CULTURAL CULTURAL RESOURCES MITIGATION -4. A final report will be prepared when a find is determined to be a significant archaeological site, and /or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, and testing, other recovered information, and conclusions. 7. "NOISE MITIGATION -1: The proposed trash and recycling enclosure area shall be located as far from adjacent residences as possible to minimize noise impacts from trash disposal and collection activities located in the northeast corner of the North Building parking lot and completely enclosed (walls and doors) to reduce noise impacts on nearby residences. 3 8. * *AESTHETICS MITIGATION. All project outdoor lighting along the western project boundary shall be downward directional lighting and shall not illuminate adjacent residential properties. No flood lights or pole - mounted lights shall be allowed except in locations where they would not affect adjacent residences. 9. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 10. 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. (Development Engineering Section) 11. GRADING PERMIT: A grading permit is required for parking lot drainage, including sump pump. 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. 12. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL): The developer shall pay a fee 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 $29,400. 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 4 Rate based on the Traffic Impact Study dated June 22, 1998. 13. DEDICATIONS. The following shall be dedicated by separate instrument. The dedications shall be recorded before any permits are issued. a. Los Gatos Boulevard. A 43 -foot monument line to property line dedication, as shown on the approved plan line for Los Gatos Boulevard, as shown by Ordinance 531 of the Town of Los Gatos. b. Ingress- egress Easement. A 25 -foot wide ingress- egress easement, located between the eight foot wide planting strip and the back of the parking lot stall (the front driveway area), for the benefit of the adjacent property owners. This easement shall only be effective if the adjacent properties are developed to a similar standard. C. Ingress- egress and Public Service Easements. A 20.5 to 25 -foot wide ingress - egress and public service easement, along Bennett Way (a private street), from Los Gatos Boulevard to the westerly property lines, as shown on the approved development plans, to the benefit of the properties west of the project site. TO THE SATISFACTION OF THE DIRECTOR OF PARIS AND PUBLIC WORKS: (Public Works Section) 14. "WATER WATER MITIGATION. The proposed rear parking lot shall be designed to retain surface runoff sufficient to reduce potential flooding impacts on adjacent properties located down gradient of the site. The parking lot's retention capacity shall be subject to review and approval by the Town. 15. * *TRANSPORTATION /CIRCULATION MITIGATION -2. The project sponsor shall provide a raised island to separate Bennett Way from the proposed rear parking lot. Parking lot access shall conform to Town zoning regulations in anticipation of future development along Bennett Way to the west of the site. 16. 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. 17. 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. 18. NONPOINT SOURCE POLLUTION PREVENTION: On -site drainage systems shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 19. UTILITIES: The developer shall install all utility service, including telephone, electric power, and other communications lines underground, as required by Town Code §27.50.015(b). 20. "DRIVEWAY APPROACH: The developer shall install one (1) Town Standard Commercial driveway approach. The new driveway approach shall be constructed to function like a cross street. A "pork chop" island shall be installed to prohibit left -turns in and out of the site. 21. CURB RAMPS: The developer shall construct two (2) curb ramps according to State Standard Drawings on both sides of the new driveway /street. The actual "Case" as shown on the standard to be used will be decided by the Engineering Construction Inspector during the construction phase. 22. 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. 23. SANITARY SEWER MAIN EXTENSION. The sanitary sewer main located in Los Gatos Boulevard shall be extended northerly, to the project site frontage. Plans shall be reviewed and approved by West Valley Sanitation District. 24. 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. 25. 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 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. 26. 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) 27. PERMITS REQUIRED. A building permit application shall be required for each proposed structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary. 28. CONDITIONS. The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 29. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 30. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the Building Permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 31. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on -site retaining wall locations and elevations are prepared according to approved plans. 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 32. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be blue lined on the construction plans. 33. 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) 34. DEMOLITION PERMIT REQUIREMENTS. Contact the Bay Area Air Quality Management District (415) 771 -6000 and complete their process as necessary before obtaining a demolition permit from the Town Building Department. No demolition work shall be done without first obtaining a demolition permit from the Town. 35. TITLE 24 ACCESSIBILITY- COMMERCIAL: On site parking facility shall comply with the latest a California Title 24 Accessibility Standards for disabled. 36. 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. 37. TITLE 24 ACCESSIBILITY- COMMERCIAL: The building shall fully comply with the latest California Tile 24 Accessibility Standards, 38. NON -POINT 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. 39. 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. 40. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agencies approval before issuance of a building permit: a) West Valley Sanitation District 378 -2407 b) Santa Clara County Fire Department: 378 -4010 41. * *NOISE MITIGATION -2. The proposed six -foot high masonry wall should be constructed along the western property boundary (south of Bennett Way and if possible, north of Bennett Way) to help reduce construction noise at the adjacent residences. 42. * *NOISE MITIGATION -3. The west walls /facades of the proposed buildings should be constructed as early in the construction process as possible in order to buffer adjacent residences to the west. These walls would help serve as noise barriers once they are erected. 9 (Parks Section) 43. TREE PROTECTION. Existing trees shall be protected prior to and during construction by measures subject to approval by the Parks and Forestry Department. 44. NEW TREES. Newly planted trees shall be double - staked to Town standards. 45. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site. 46. 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. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 47, REQUIRED FIRE FLOW. Required fire flow is 4000 GPM at 20 psi. residual pressure. 48. 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 systems shall be hydraulically designed per National Fire Protection Standard #13, 1994 Edition. 49. 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 required fire flow is 2,000 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. 50. PUBLIC FIRE HYDRANT(S). Provide one public fire hydrant at locations to be determined jointly by the Santa Clara County Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet and the minimum single flow hydrant shall be 1000 gallons per minute at 20 psi. residual pressure. 51. PRIVATE FIRE HYDRANT(S). Provide 1 private on -site fire hydrant(s) installed per NFPA Std. 10 #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). 52. 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. 53. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum 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- percent. Installations shall conform with Fire Department Standard Details and Specifications A -1. (Easements may need to be recorded for North parking lot along Bennett Way). 54, 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. Parking will be allowed along one side of the street for roadways 28 -35 feet in width. Roadway widths shall be measured face of curb to face of curb. Parking spaces are based on an 8 -foot wide space. 55. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installation shall also conform to Local Government Standards and Fire Department Standard A -6. 56. TIMING OF REQUIRED ROADWAY/DRIVEWAY INSTALLATIONS. The roadway /driveway installations shall be in place, inspected, and accepted by the fire department prior to the start of 11 construction. Bulk combustible construction materials shall not be delivered to the site until the hydrants and roadway have been accepted. Clearance for building permits may also be held until installations are completed. 57. FIRE DEPARTMENT KEY BOX REQUIRED: Provide an approved fire department key box and appropriate building keys. Installations shall conform with Fire Department Standard Detail and Specification K -1. TO THE SATISFACTION OF THE CHIEF OF POLICE: 58. CONSTRUCTION HOURS. Demolition and construction activities will be limited to daytime hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 7:00 p.m. on weekends. SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on 1/4/1999, 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 April 5, 1999. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski NAYS: Mayor Jan Hutchins ABSENT: ABSTAIN: None None ' l SIGNED: MANVR OF HE T6- ° OF - -L GATOS LOS G; CFORNIA ATTEST: CLERK OF THE TOWN O OS GA LOS GATOS , CALIFORNIA 12 167393 .q I ( '0W N11 OaFt L Q S 22 A T O m �.� Application No ® Change of zoning map amending the Town Zoning Ordinance. N Zone Change from fZ -► a ��+ �� �- + to G �� ❑ Prezonint to _ P lann ing Commission date Approved by Tow . C~ouncil ate 6d J- 6� Ord. ,�060 Town Clerk %� E_ j _ Ma r _ Add'it'ional large attachments or exhibits have not been scanned. Please see original file for reference.