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Ord 2087 - Amending the zoning ordinance effecting a zone change from LM to LM:PD at 17435 and 17443 Farley RoadORDINANCE 2087 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM LM TO LM:PD AT 17435 AND 17443 FARLEY ROAD 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 17435 and 17443 Farley Road as shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from LM (Commercial- Industrial), to LM:PD (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 of two pre -1941 single - family residences and miscellaneous accessory structures; 2. Construction of two detached residential buildings to contain a total of six units; 3. Construction of a storage building; 4. Maintaining an existing residential unit with the construction of a detached two car garage; and 5. Landscaping, streets, parking, 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 underlying LM ( Commercial - Industrial) zone by Sections 29.70. 100 (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, subject to any restrictions or other requirements specified elsewhere in this ordinance including, but not limited to, the Official Development Plan. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. Page 1 of 10 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 residences and accessory structures, or any construction work for the dwelling units and /or storage 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 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, demolition or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 1. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official Development Plans are conceptual only and separate Architecture and Site Applications and approvals shall be required for the proposed storage building, residential units and detached garage. 2. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 3. 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. 4. PHOTO DOCUMENTATION. Prior to the issuance of a building permit, the residence located in the middle of the lot shall be photographically documented by providing two sets of colored Page 2 of 10 and black and white photographs to the Town for the project file and the historic resources inventory. MASONRY WALL. A six foot high masonry wall shall be constructed along the western property line. The specific location and details of the wall shall be provided during the Architecture and Site approval process. 6. OPEN SPACE. During the Architecture and Site approval process, the dimensions and area of the community and private open space of the residential units shall be shown on the plans. 7. LIGHTING. Any exterior lighting proposed for the site shall use low voltage lights that are focused and angled downward at a height to minimize incidental lighting of adjacent residences. An exterior lighting plan shall be provided during the Architecture and Site approval process. HIGH SCHOOL DISTRICT PARKING. The configuration and landscaping areas of the parking area for the High School District is not part of this application. 9. MECHANICAL EQUIPMENT. All mechanical equipment shall be screened. 10. BELOW MARKET PRICE PROGRAM. The developer shall designate one of the residential units as a BMP unit. In addition, three residential units shall be available to teachers through the Los Gatos- Saratoga Joint Union High School District and the Los Gatos Union School District. If teachers are not available to fill these units, then the units shall be subject to the Town's Below Market Price Program. Teachers shall have the first right of refusal for the teacher units. The rental agreement shall be prepared by the developer, with input from the school district, and Town staff prior to the issuance of any permits. A deed restriction shall be recorded prior to the issuance of any building permits, stating that the BMP unit must be rented as a below market priced unit pursuant to the Town's BMP requirements. The deed restriction will also indicate the rental agreement of the teacher units. 11. USE /HOURS OF OPERATION. The storage building shall be used for public storage of nonhazardous and personal business items. Maximum hours of operation shall not exceed 8:30 AM to 6 PM Monday through Friday, 10 AM to 4 PM on Saturdays, and 10 AM to 2 PM on Sundays. (Building Division) 12. PERMITS REQUIRED. A building permit application shall be required for each proposed structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary. 13. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 14. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. Page 3 of 10 15. 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) 16. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Director of Community Development, containing foundation and retaining wall design recommendations shall be submitted with the Building Permit application. The report shall provide appropriate slope stabilization and shoring measures to ensure that proposed excavation and building construction does not cause any damage to adjacent properties and structures. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 17. 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 18. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R and MF -1R shall be blue -lined on the construction plans. 19. DEMOLITION PERMIT REQUIREMENTS: Contact Bay Area air Quality Management District and complete their process as necessary before obtaining a building permit for demolition from the Town Building Division. No demolition work shall be done without first obtaining the required permit from the Town. 20. TITLE 24 ACCESSIBILITY -COMMERCIAL PARKING: On -site parking facility 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. 21. TITLE 24 ACCESSIBILITY - COMMERCIAL PATH OF TRAVEL AND BUILDING: 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 and sidewalks. 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. 22. 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 Permits, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Community Development Service Counter. The Town Special Inspection schedule shall be blue -lined on the Page 4 of 10 construction plans. 23. 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 "x36 ") is available at the Community Development Service Counter. 24. 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 c. Los Gatos School District: 395 -5570 Note: Obtain the School District form(s) from the Town Building Department after the Building Department has approved the building permit. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 25. GRADING PERMIT. Agrading permit is required. A separate application for a grading permit (with grading plans) will be made to the Parks and Public Works Department. The grading plans will include final grading, drainage retaining wall location, driveway, utilities and interim erosion control. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. 26. SOILS REPORT. One copy of the soils and geologic report will be submitted with the grading permit application. The soils report will include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design and erosion control. The reports will be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 27. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded for Assessor Parcel Numbers 424 -27 -008 and 009. Two copies of the legal description for each new lot configuration, a plot map (8 - % 2 in. X 11 in.) and two copies of the legal description of the land to be exchanged shall be submitted to the Engineering Development Section of the Planning Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. Assessor Parcel Number 424 -27 -007 may remain as a separate parcel provided that easements for ingress- egress, utilities, sewer and storm drainage are provided to the parcel. 28. DEDICATIONS. The following will be dedicated by separate instrument. The dedication will be recorded before any permits are issued. Farley Road. A 30 -foot half - street right -of -way. Page 5 of 10 2. Public Service Easement (PSE). Ten (10) feet wide, next to the right -of -way. 3. Ingress- egress, storm drainage and sanitary sewer easements, as required. 29. PUBLIC IMPROVEMENTS. The following improvements will be installed by the developer. Plans for those improvements will be prepared by a 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. Farley Road. Curb, gutter, sidewalk, street lights, tie -in paving, signing, striping, storm drainage and sanitary sewers, as required. 30. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmless will be provided in a format acceptable to the Town Attorney before issuance of the building permit. 31. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer will pay a proportional share of the project's transportation improvement 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 will be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is approximately $15,300.00. The final fee will be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on light industrial use or as determined by the Town Traffic Engineer. The developer shall also pay 25% of the cost of any improvements that are approved for construction at the Daves Avenue /Winchester Blvd intersection, providing the decision to install these improvements is made prior to final occupancy. The developer's cost of these improvements shall not exceed $25,000. (Public Works Division) 32. GENERAL. All public improvements will be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work will conform to the applicable Town ordinances. The adjacent public right -of -way will be kept clear of all job related dirt and debris at the end of the day. Dirt and debris will not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge will 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. 33. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work more than $5,000 will require construction security. 34. PUBLIC WORKS INSPECTIONS. The developer or his representative will notify the Engineering Inspector at least twenty -four (24) hours before starting an work pertaining to on- Page 6 of 10 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. 35. GRADING INSPECTIONS. The soils engineer or her /his qualified representative will continuously inspect all grading operations. The soils engineer will submit a final grading report before occupancy /Certificate of Completion. 36. SURVEYING CONTROLS. Horizontal and vertical controls will be set and certified by a licensed surveyor or a registered civil engineer qualified to practice land surveying, for the following items: 1. Retaining wall - -top of wall elevations and locations 2. Toe and top of cut and fill slopes 37. EROSION CONTROL (COMMERCIAL). Interim and final erosion control plans will be prepared and submitted to the Engineering Development Division of the Community Development Department. Install filter berms, check dams, retention basins, silt fences and straw bale dikes as needed on the project site, to protect down stream water quality during winter months. 38. NONPOINT SOURCE POLLUTION PREVENTION. On -site drainage systems will include a filtration device in the catch basins or a grease and oil separator will be installed. 39. UTILITIES. The developer will install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). Cable television capability will be provided to all new homes. 40. RESTORATION OF PUBLIC IMPROVEMENTS. The developer will 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, etc. will be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced will be at the direction of the Engineering Construction Inspector, and will comply with all Title 24 Disabled Access provisions. Developer will request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 41. SIDEWALK REPAIR. The developer will 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 Standard Detail. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 42. CURB AND GUTTER. The developer will 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. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. Page 7 of 10 43. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Detail. 44. AS -BUILT PLANS. After completion of the construction of all work in the public right -of -way or public easements, the original plans will have all changes (change orders and field changes) clearly marked. The "as- built" plans will again be signed and "wet- stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as- built" plans will be reviewed and approved the Engineering Construction Inspector. A Mylar of the approved "as- built" plans will be provided to the Town before the Faithful Performance Security is released. 45. 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. (Parks Division) 46. FINAL LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture and Site approval process. 47. NEW TREES. Newly planted and relocated trees shall be double - staked, using rubber tree ties and shall be planted prior final occupancy. 48. GENERAL. All existing trees shown to remain on the plan are specific subjects of approval of this plan and must remain on site. 49. 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. 50. 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. The fencing shall be a four foot high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. 51. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation system. 52. ARBORIST. All recommendations made by the developers Horticultural Consultant, Barrie Coate, shall be followed to protect and save the trees that will remain on site. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: Page 8 of 10 53. REQUIRED FIRE FLOW. Required fire flow is 3,250 GPM at 20 psi. residual pressure for the buildings equipped with an automatic fire sprinkler system. As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 50 percent establishing an adjusted required fire flow of 1,750 gpm at 20 psi residual pressure. 54. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler system shall be provided throughout the building and shall be hydraulically designed per National Fire Protection Association (NFPA) Standard # 13. Prior to installation, a copy of the fire department "approved" underground fire service drawings shall be provided to the San Jose Water Company for record purposes. 55. FIRE HYDRANT(S). Applicant shall provide one private on -site fire hydrant installed per NFPA Std. #24 at a location to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet with a minimum acceptable flow of 1,500 GPM at 20 psi residual. Prior to design, the project civil engineer shall meet with the fire department water supply officer to jointly spot the required fire hydrant locations. 56. FIRE HYDRANT LOCATION IDENTIFIER. Prior to project final inspection, the general contractor shall ensure that an approved ( "Blue Dot ") fire hydrant location identifier has been placed in the roadway, as directed by the Fire Department. 57. HOSE VALVES /STANDPIPES. Three story buildings, or where emergency access has been deemed minimal, shall be equipped with standpipes designed per NFPA Std. # 14 and shall be equipped with 2 1 /2 inch hose valves, located within the stair enclosure(s). 58. FIRE LANE MARKING REQUIRED. Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standard Details and Specification A -6 and Local Government Standards. 59. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulls combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. 60. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in width. Parking may be permitted along one side of roadways 28 -35 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured curb face to curb face, with parking space based on an eight foot width. 61. KEY BOX. The building shall be equipped with a permanently installed emergency access key lock box (Knox) conforming to Fire Department Standard and Specification Sheet K -1. At time of final inspection, access keys shall be provided to the Fire Department. 62. PREMISE IDENTIFICATION. Approved numbers or 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 Page 9 of 10 fronting the property. Numbers shall contrast with their background. SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on June 18, 2001, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council on July 2, 2001, and takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: Steven Blanton ABSTAIN: None SIGNED: � G� YOR OF E OWN OF LOS GATOS OS GATOS, CALIFORNIA ATTEST: \ . G CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 10 of 10 167393 J &1743��Fa�1ey ,Road West ..' . E= � 7 a 1s +�.. � ra 7..�h . 7 o f Te .. • an lew �r� G1K O ane t �, , x - { Farle z Seren t �f LM las ° q 4f L elbur f $ ' 0: TTr'OJ( W ®r J � AkTr 0 " Application No. P D IQw I Change of zoning map amending the Town Zoning Ordinance. Zone Change from L M to - LM ❑ Prezoning to A - n by Planning Commission date Approved by Tor-tt,Co neil date moo/ rd. Ae 97 Town Clerkj t _ _ a r v C_-U The development plans (identified as Exhibit B) are on file with the Town Clerk's Office