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Ord 2065 - Amending the Zoning Ordinance effecting a zone change from RM:5-12-LHP to RM:5-12-LHP-PD at 330 University AvenueORDINANCE 2065 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM RM:5 -12 -LHP TO RM:5- 12- LHP -PD AT 330 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 at 330 University Avenue as shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from RM:5 -12 -LHP (Multiple Family Residential, 5 -12 units per acre / Landmark Historic Preservation overlay), to RM:5 -12- LHP -PD (Multiple Family Residential, 5 -12 units per acre, Landmark Historic Preservation overlay, 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 pre -1941 single - family residence and accessory structure; 2. Renovation of an existing single - family residence on Edelen Avenue; 3. Construction of 22 new market price dwelling units (combination of single family and duplexes or townhomes) and three Below Market Price (BMP) single family units; 5. Landscaping, streets, public pedestrian access easement, open space and other site improvements shown and required on the Official Development Plan; 6. Uses permitted are those specified in the RM (Multiple Family Residential) zone by Sections 29.40.61 0 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before the demolition of the single family residence and accessory structure, or any construction work for 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 Zoning Ordinance. SECTION V The attached Exhibit A (Map) and Exhibit E (Development Plans, eight sheets), are part of the Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits: 2 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 proposed residential units, structures, trash areas and open space improvements which include lighting and benches. 2. BUILDING SIZES. The size of the duplex/townhome units shall be in the range of 850 to 1,300 square feet (excluding garages). 3. FOOTPRINT. As part of the Architecture and Site approval process to incorporate the additional units, the footprint of the buildings and the parking areas may change, but the footprint of the buildings may not be enlarged (except for townhome structures which have more than two units and garages). Although the footprints may be changed, the final site plan must reflect the general location of the Planned Development site plan (Exhibit B). 4. ** ARCHAEOLOGICAL /CULTURAL RESOURCES MITIGATION -1. Prior to the approval of the tentative map, the property owner /developer shall have a qualified archaeologist conduct an archival and field study of the site. The study shall evaluate the potential for archaeological and archaeological historic (subsurface historic) resources on the site. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 5. ** ARCHAEOLOGICAL /CULTURAL RESOURCES MITIGATION -2. If cultural or archaeological resources are uncovered by the Archival and Field Archaeological Study or during project construction, work must be halted within a 50 -foot radius of the find and a W qualified archaeologist must be contacted to determine its significance and make appropriate recommendations. Project personnel shall not alter the materials or their context or collect cultural resources. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 6. * * ARCHAEOLOGICAL /CULTURAL RESOURCES MITIGATION -3. 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. 7. ** ARCHAEOLOGICAL /CULTURAL RESOURCES MITIGATION -4. If the Planning Director, with advice 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. 8. * * ARCHAEOLOGICAL /CULTURAL RESOURCES MITIGATION -5. A final report shall be prepared by a qualified archaeologist when a find is determined to be a significant 4 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. Identified cultural resources shall be recorded on DPR 523 (historic properties) forms. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 9. * *AESTHETICS MITIGATION. Outdoor lighting visible from existing residential units shall be low wattage, downward directional lighting to minimize lighting impacts on surrounding residences. 10. SOLAR WATER SYSTEM: Each residence shall be pre - plumbed for a solar water heater system prior to issuance of a certificate of occupancy. 11. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 12. 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. 13. SOLAR. During the Architecture and Site application process all new residences, to the extent feasible, shall be designed to take full advantage of passive solar opportunities. 14. TANDEM PARKING. The tandem garage parking counts towards the required parking and cannot be converted to habitable space. 15. GARAGE DIMENSIONS. Minimum interior clear dimensions of two car garages shall be 5 20'x 20'. Minimum interior clear dimensions of one car garages shall be I P x 20'. Minimum interior clear dimensions of tandem parking garages shall be 11' x 38'. 16. BELOW MARKET PRICE (BMP) UNITS. The location of the BMP units shall be determined during the Architecture and Site approval process. A deed restriction shall be recorded prior to the issuance of any building permits, stating that the BMP units must either be rented or sold as below market priced units pursuant to the Town's BMP requirements. Two of the BMP units must receive approved building permits prior to issuance of the building permit for the 14th market rate unit. Prior to issuance of the 22nd market rate unit building permit, all BMP unit building permits must have been issued. 17. "NOISE MITIGATION -1. A 7 -foot high sound barrier shall be constructed by the property owner /developer along the northern boundaries of the upper northwestern portion of the site (to the 370 foot elevation) and a 66" high sound barrier shall be constructed along the northern side yard of Unit #3 (from 360 to 364 elevations). A 66" sound barrier shall be constructed along the rear yard of Unit #1 (at the 370 foot elevation). 18. * *NOISE MITIGATION -2. Sound barriers shall be constructed of either masonry or wood. The wood shall be free of gaps and cracks and the material shall have a minimum area density of four pounds per square foot. 19. "NOISE MITIGATION -3. The performance standard for sound barriers shall be 60 dBA at all usable outdoor spaces associated with the residences. 20. "NOISE MITIGATION -4. All new units shall be constructed to meet acceptable interior noise levels of 45 dBA. 21. * *BIOLOGICAL RESOURCE MITIGATION -1. If any construction activities will occur during the nesting season (February to August), these activities should be preceded by per- construction surveys for nesting raptors conducted by a qualified ornithologist retained by the property owner/ developer before the building permit is issued. Surveys should take place no more than 30 days prior to the start of construction. No construction activities (including tree removal, grading, etc.) that would result in disturbance to active raptor nests would proceed until breeding is complete (typically July) or while the nest is occupied. A qualified ornithologist would determine the extent of construction -free zones around active raptor nests located during surveys. The USFWS and CDFG should also be notified of any active raptor nest within the construction zone. (Development Engineering Section) 22. GRADING PERMIT. A grading permit is required for all on -site grading, erosion control and improvements (roadway, storm drainage, utilities, lighting, etc.). 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. 23. 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, pavement design, 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. fll 24. MAP APPROVALS. A tentative map approval is required. When approved, a final map shall be recorded. Two copies of the final map shall be submitted to the Engineering Development Section of the Planning Department for review and approval. Submittal shall include closure calculations, title report and appropriate fee. The map shall be recorded prior to the issuance of any construction permits. 25. DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be recorded before the issuance of any permits. a. Public Service Easement (PSE). All on -site roadways shall be within PSE'S. b. Ingress - egress, storm drainage and sanitary sewer easements, as required. C. Pedestrian/Emergency Access Easement. A 10' wide pedestrian emergency access easement from the oak tree open space area to the Santa Clara Valley Water District parcels. d. Public Pedestrian Access Easement. A minimum five foot wide pedestrian pathway easement from Bentley and Edelen Avenues into the development. 26. 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 or recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. University Avenue. Curb, gutter, sidewalks, re- locate street light, tie -in paving, 8 signing, striping (including a "Keep Clear" area), storm and sanitary sewers, as required. 27. 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 recordation of the map. 28. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). 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 request for Certificate of Occupancy is made. The fee shall be paid before issuance of the Certificate of Occupancy. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the request for Certificate of Occupancy. 29. FINAL CC &R'S. Final CC &R's shall be approved by the Town Attorney prior to recordation of the final map. The CC &R's shall include provisions for traffic circulation, and vehicle parking enforcement procedures. 30. WATERWAY MITIGATION. Prior to any alteration of the bed or bank of any stream, the Department of Fish and Game (CDFG) must be notified and a Stream Bed Alteration Agreement (pursuant to Section 1601 - 1603) obtained if deemed necessary by the CDFG. In addition, if required storm drain improvements extend into the Ordinary high Water Mark of the creek, a nationwide permit from the U.S. Army Corps of Engineers may be required. (Santa Clara Talley mater District) 31. "FLOODING MITIGATION -1. An easement shall be granted along Almendra Creek for E purposes of maintenance and flood control. A plat and description of the easement is required for dedication purposes. 32. "WATERWAY MITIGATION -1. Pursuant to District Ordinance 83 -2 a permit for construction adjacent to Los Gatos or Almendra Creeks shall be required. Creek fall out designs shall be in accordance with District requirements. 33. "WATERWAY WATERWAY MITIGATION -2. Construction vehicles shall at no time cross Almendra Creek. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Public Works Section) 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 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. 35. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Public Works 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. [1 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. 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. 38. 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). Cable television capability shall be provided to all new houses. 39. 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, 40, 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 11 "As- built" plans shall be provided to the Town before the release of the Faithful Performance Security. 41. 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. 42. 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. 43. * *CIRCULATION MITIGATION. The improvements shown as Figure I of the Traffic Study dated 2/24/98 shall be completed by the property owner/ developer before any certificate of use and occupancies are issued for the project. The improvements include widening the east side of University Avenue by three feet (north of project entrance), locating the project entrance as far south as possible, removing the existing raised traffic bars along the centerline and restriping University Avenue to provide a 13 foot southbound lane and ten foot lanes for the northbound left, through and right turn movements. At the Town's option, and as an alternative to the above improvements, it may require that the property owner /developer complete improvements that may be recommended by additional traffic studies in mitigation of the traffic impacts of the project. If required by the Town, the alternate improvements must be completed before any certificate of use and occupancies are issued for the project. This option may only be exercised if the alternate improvements are superior to those recommended in the Traffic Study dated 2/24/98. The option may not be exercised if it would result in the elimination of any condition that had been found to be a community benefit of the project. In the event this option is exercised by the Town, the owner /developer shall pay 12 no more than an amount equal to the cost of the improvements shown in the Traffic Study dated 2/24/98. (Parks Section) 44. FINAL LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture and Site approval process. 45. * *TREE MITIGATION -1. Excavation required within existing tree driplines shall be to the Town Arborist's satisfaction. Hand trenching may be required. 46. * *TREE MITIGATION -2. Fencing shall be constructed around the trees to be retained, constructed at the tree drip lines. 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. Trees to be retained shall be pruned to clean the tree of structurally weak branches and provide adequate clearance for construction. 47. * *TREE MITIGATION -3. Demolition to occur adjacent to trees remaining shall be performed by hand or, where approved by the Town by small equipment. 48. NEW TREES. Newly planted and relocated trees shall be double- staked, using rubber tree ties and shall be planted prior to acceptance of the subdivision or architecture and site approval as determined by the Parks Superintendent. 49. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and shrubs. 13 50. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the dripline of existing trees shall have aeration tubes installed. 51. GENERAL. All existing trees shown on the plan are specific subjects of approval of this plan and must remain on site. 52. 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. (Building Section) 53. * * GEOLOGY /SEISMIC MITIGATION. All recommendations contained in the Tetrasearch Geotechnical report shall be incorporated into the project design at the building permit process and shall be implemented during the project construction. 54. "WATERWAY WATERWAY MITIGATION -3. During project construction, the developer/ contractor shall comply with the Department of Fish and Game Code Section 5650 which prohibits the discharge of petroleum products and "any substance or material deleterious to fish, plant life, or bird life." 55. * *WATERWAY MITIGATION -4. Finished floor elevations of any structures subject to flood waters shall be constructed at a minimum of one foot above the 100 year flood elevations of both Los Gatos and Almendra Creeks. 56. * *WATERWAY MITIGATION -5. The grading plan shall include elevations consistent with the Santa Clara Valley District's (SCVWD) topography map. The plan shall provide the required information for the SCV WD concerning the existing ground elevations between Los 14 Gatos Creek's concrete channel lining and the eastern portion of the site. This shall be 57. 58 M , C11a 61 62. provided prior to the issuance of a grading permit. "WATERWAY MITIGATION -6. The developer shall implement all applicable best management practices outlined in the Santa Clara Valley Water District guidelines during construction. "HAZARDOUS MATERIALS MITIGATION -1. A subsurface investigation shall be conducted on the eastern portion of the site to assess the potential presence of contaminants associated with existing and former activities on the site. The investigation shall be completed for all portions of the site that were subject to former agricultural use to determine the presence of organochlorine, pesticides, lead and arsenic. If contaminants are present, a remediation plan shall be prepared by an environmental engineer and the plan shall be approved by the Santa Clara Department of Environmental Health and the Town and its recommendations shall be carried out in compliance with all local, state and federal regulations and standards. 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 houses. PERMITS REQUIRED. A building permit application shall be required for each proposed structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary. CONDITIONS. The Conditions of Approval shall be stated in full on the cover sheet of the construction plan submitted for building permit. PAD CERTIFICATION. A building pad certificate shall be prepared by a licensed civil 15 engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify that the building pad elevation and on -site retaining wall locations and elevations are in accordance with the 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 63. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed to include the following features: a. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water closet, shower and bathtub, located at 34 inches from the floor to the center of the backing, suitable for the addition of grab bars. b. All passage doors shall be at least 32- inches wide on accessible floor. C. Primary entrance shall have a 36 -inch wide door including: a 5 -foot by 5 -foot level landing no more than one inch out of the plane with the immediate interior floor level, with an 18 -inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be "hard" wired. 64. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and MF -IR shall be printed on the construction plans. 65. 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) V 66. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA phase 11 approved appliances per Section 13.40.010 of the Town Code. Tree limbs shall be cut within 10 feet of chimneys. 67. 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. 68. TITLE 24 ACCESSIBILITY - COMMON AREAS. On site common areas shall comply with the latest California Title 24 Accessibility Standards for disabled access. Work shall include but not be limited to sidewalks and curb cuts. 69. 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. 70. 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 C. Los Gatos School District: 395 -5570 Note: Obtain the school district forms from the Town Building Department, after the Building Department has approved the building permits. 17 TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 71. REQUIRED FIRE FLOW. Required fire flow is 1000 GPM at 20 psi. residual pressure. 72. PUBLIC FIRE HYDRANT(S). Provide one public fire hydrant at locations to be determined jointly by the Santa Clara CountyFire 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. 73. 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. 74. 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 (excluding the parking bays). Roadway widths shall be measured face of curb to face of curb. Parking spaces are based on an 8 -foot wide space. 75. 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. 76. TIMING OF REQUIRED INSTALLATIONS. The required fire hydrant and roadway installations shall be in place, inspected, and accepted by the fire department prior to the start 18 of framing. Bulk construction materials shall not be delivered to the site until the hydrants and roadway have been accepted. Clearance for building permits will not be given until such time as this requirement is addressed by the developer. TO THE SATISFACTION OF THE CHIEF OF POLICE: 77. 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. 78. * *NOISE MITIGATION -1. All internal combustion engines for construction equipment used on site shall be properly muffled and maintained. 79. "NOISE MITIGATION -2. Stationary noise sources shall be located as far from sensitive noise receptors as possible (primarily away from west and south property lines). 80. * *NOISE MITIGATION -3. Construction equipment shall be hydraulically or electrically powered whenever possible to avoid noise from pneumatically powered tools. 19 SECTION III This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on JULY 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 August 2, 1999. This Ordinance takes effect 30 days after it is adopted. 1416I110r a'o &: 1 AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYS: None ABSENT: None ABSTAIN: None SIGNET: GATOS ATTEST: (A', CLERIC OTC TIDE TOWN tOFS GATOS LOS GATOS, CALIFORNIA W 1 ' A Q• R