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Ord 2088 - Amending the Zoning Ordinance effecting a zone change from RC and HR-5 to HR-2 1/2:PD and RC:PD at 17975 Foster RoadORDINANCE 2088 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM RC AND HR -5 TO HR -2 V2:PD AND RC:PD AT 17975 FOSTER 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 17975 Foster Road as shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from RC (Resource Conservation), and HR -5 (Hillside Residential, 5 to 40 acres per dwelling unit) to HR- 2 1 /2:PD (Hillside Residential, 2 1 /2 to 10 acres per dwelling unit, Planned Development) and RC:PD (Resource Conservation, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements (the demolition of the single family residence and buildings associated with Guadalupe College are handled separately under the Architecture and Site applications since the buildings are considered a public nuisance and a hazard). 1. Creation of six home sites; 2. Vineyard; 3. Landscaping, streets, trails, open space and other site improvements shown and required on the Official Development Plan; 4. Creation of a mutual water company; 5. Uses permitted are those specified in the HR (Hillside Residential) and RC (Resource Conservation) zones by Sections 29.40.160 and 29.40.235 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Town Code, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. Page 1 of 12 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 other buildings associated with Guadalupe College, or any construction work for the dwelling units, vineyard and water tank 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, 18 sheets), are part of the Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) HILLSIDE SPECIFIC PLAN. The approval of this Official Development Plan is contingent upon the County of Santa Clara adopting the proposed amendments to the Hillside Specific Plan. 2. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official Development Plan is conceptual only in terms of home placement, building, tank and vineyard footprints, and house plans. Separate Architecture and Site Applications and approvals shall be required for each of the residential units (and fencing), the vineyard and the storage tanks. Any changes or modifications made to the approved Architecture and Site plans shall be approved by the Director of Community Development or the Planning Commission, depending on the scope of the change(s). 3. URBAN SERVICE AREA. The developer shall receive approval from LAFCO to expand the urban service area boundary to encompass Lot 5, prior to the issuance of a building permit for the house. Page 2 of 12 4. FUTURE SUBDIVISIONS. There shall be no future subdivision of the subject site. DESIGN GUIDELINES. All Architecture and Site applications are subject to the Town's Hillside Design Guidelines or the guidelines submitted by the applicant, whichever is more restrictive. 6. VINEYARD. If the vineyard is for a business operation, the applicant shall obtain an operator ID and /or a Restricted Material Permit as required by the Office of the County Agricultural Commission prior to the issuance of a business license. 7. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit 8. 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. Each residence shall be pre - plumbed for solar hot water heating and shall comply with the Town's Conservation Element of the General Plan. 9. BMP FEES. An in -lieu fee of building a Below Market Price unit shall be paid. The fee shall be equal to six percent of the Building Permit valuation of each house which shall be determined by the Community Development Director. Fees shall be paid prior to occupancy of each unit. 10. CARETAKER. A caretaker unit is permitted on the site during construction of the subdivision improvements and until final occupancy has been received for all of the houses. 11. *RED RIBBONS. Prior to issuance of a building permit, a survey for Santa Clara red ribbons shall be conducted at the developer's expense to determine its presence or absence on home sites located in undeveloped areas (Lots 4 through 6) including all areas where disturbance could occur as part of home construction. This survey shall also include any areas along the final haul road alignment that deviate from the July, 1999 alignment that was already surveyed. Any areas found to be supporting this species should be avoided and if avoidance is infeasible, a mitigation and monitoring plan detailing the location and acreage of off -site mitigation should be developed based on consultation with the appropriate agency. 12. *NESTING SEASON. If any construction activities occur during the nesting season (February to August), these activities shall be preceded by pre- construction surveys for nesting raptors by a qualified ornithologist at the developer's expense. Surveys shall be conducted 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 shall be allowed to proceed. A qualified ornithologist shall determine the extent of construction -free zones around active raptor nests located during surveys. The USFWS and CDFG shall also be notified of any active raptor nest within the construction zone. 13. *LIME KILNS. The historic lime kilns shall be researched and documented on a Department Page 3 of 12 of Parks and Recreation (DPR) form at the developer's expense prior to issuance of a grading and /or building permit. The area containing the lime kilns shall be surrounded by orange construction fencing prior to initiation of construction activities for the proposed project in order to prevent any unintentional encroachment into this cultural resource. A qualified archaeologist shall conduct spot check monitoring of construction activities when these activities occur in native soils on the property. 14. *MUTUAL BENEFIT WATER COMPANY. The proposed mutual benefit water company shall be restricted to providing domestic water service to only the six proposed lots on the project site. The company shall specify that the remaining storage capacity shall be reserved in perpetuity solely for fire fighting purposes on the site and the Foster Road neighborhood. This company shall not provide domestic water service to any off -site residential lots. 15. THRESHOLDS FOR MUTUAL BENEFIT WATER COMPANY. Minimum thresholds for domestic water supply shall be met to the satisfaction of the Director of Community Development and the Director of Parks and Public Works or San Jose Water Company, whichever is more restrictive. These thresholds shall be established prior to recordation of the final map. The Mello -Roos District does not apply to this application. 16. TIMING OF MUTUAL BENEFIT WATER COMPANY. The mutual benefit water company shall be established to the satisfaction of the Town Attorney, the County of Santa Clara and the State of California prior to the recordation of the final map. 17. SLOPE DENSITY MAP. The slope density map, sheet C2 of the Official Development Plan, is for reference only. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Section) 18. RECORDATION. Documents shall be recorded at the applicant's expense or each individual lot referencing that an in -lieu fee of building a Below Market Price unit and a traffic impact mitigation fee are required prior to final occupancy. These documents shall be recorded simultaneously with the final map. The documents shall be prepared by the Director of Community Development. 19. * GRADING WHEN WINDY. Grading activities shall be suspended when winds (instantaneous gusts) exceed 25 mph. 20. *ENTRYWAY. The entryway to the proposed subdivision shall contain a plaque referencing the house and some stone work from the existing house. This plaque shall be installed prior to finalizing subdivision improvements. The design of the plaque and the information provided on the plaque shall be approved by the Director of Community Development. 21. *PRECONSTRUCTION SURVEY. The developer shall complete a preconstruction survey of Foster Road to document road conditions prior to issuance of a grading and /or building permit. Page 4 of 12 A video shall be included with the survey. 22. BOND. A bond shall be provided by the developer for the repair of Foster Road to the satisfaction of the Director of Parks and Public Works and the Town Attorney. 23. *POST- CONSTRUCTION SURVEY. The Town shall conduct a post- construction survey of Foster Road to determine whether any road damage occurred as a result of project construction. 24. *ROAD REPAIRS. The developer shall be responsible for completing any required road repairs. 25. *TRAFFIC CONTROL PLAN. The developer shall provide a traffic control plan (e.g. requiring flagpersons along one lane sections of Foster Road for equipment /material deliveries, specifying hours, and notifying neighbors in advance) to minimize the potential for traffic safety problems and delays to local residents prior to issuance of any permits. This plan shall be approved by the Town prior to commencement of any construction activities on Foster Road. 26. GRADING PERMIT. A grading permit is required for site grading, including building pads, and erosion control. A separate application for a grading permit (with grading plans) shall be made to the Engineering Division of the Parks & Public Works 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 Parks and Public Works, the grading permit will be issued concurrently with the building permit. 27. GRADING. All grading shall be kept to a minimum to construct the public roads. Final grading for all lots shall be determined at the Architecture and Site approval process. The grading on lots 1, 2, 3 and 6 shall retain a more natural contour to reduce the grading. The grading plan, the soil and geotechnical report and the remedial grading provided in Exhibit X, Sections 4, 8 and 9 (from the Report to the Planning Commission from the Development Review Committee dated May 3, 2001 for the meeting of May 9, 2001) shall be provided by the applicant and incorporated in the final plans. 28. STOCKPILING. Stockpiling of material is permitted to the satisfaction of the Director of Parks and Public Works and the Director of Community Development. 29. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit and one with the public improvement 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 or geologist, in conformance with Section 6735 of the California Business and Professions Code. 30. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any permits are issued. Page 5 of 12 31. 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 the maintenance of the shared driveway. 32. DEDICATIONS. The following shall be dedicated on the final map. The dedication shall be recorded before any permits are issued. a. Foster Road. A 40 -foot street right -of -way with a standard 42 -foot radius cul -de -sac. b. Public Service Easement (PSE). Ten (10) feet wide, next to the Foster Road right -of -way. c. Ingress- egress, storm drainage and sanitary sewer easements, as required. d. Floating Trail Easement. Twenty (20) feet wide, as shown on the tentative map. Final location will be determined following a detailed resource analysis conducted by Midpeninsula or the developer, to identify sensitive plant and animal habitats. e. Emergency Access Easement. Twenty (20) feet wide, from Foster Road to College Avenue, as shown on the Planned Development maps and tentative map. f. Open Space /Conservation and Scenic Easements. These easements shall be dedicated as shown on the approved Planned Development plans jointly to the Town and Midpeninsula Open Space District. The open space /conservation easement on Lot 5 will have no public access. 33. CUL -DE -SAC. The cul -de -sac elevation shall be raised to minimize the retaining wall. 34. CURB AND GUTTER. The curb and gutter shall be rolled with a three inch height. 35. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall 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 or the 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. a. Foster Road Extension. Curb, gutter, retaining walls, street lights, pavement 24 feet wide, signing, striping, storm drainage and sanitary sewers, as required and a cul -de -sac bulb with radius of 32 feet. b. Emergency Access Road. Three coats of chip seal over six inch of compacted Class 2 asphalt base rock, 12 feet wide (except in areas where restriction is minimized). Turnouts are to be included as required. c. Trail. A minimum 10 -foot wide trail, to comply with requirements of Town Trails Committee. 36. UTILITY INSTALLATION. The developer shall 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 shall be provided to all new lots. 37. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town Page 6 of 12 harmless shall be provided in a format acceptable to the Town Attorney before recordation of the map. 38. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional 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 of Certificate of Occupancy is made. The fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee for this project using the current fee schedule is $5,730 per house. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the request for a Certificate of Occupancy. 39. 401 CERTIFICATION. A 401 Certification shall be obtained from the San Francisco Bay Region Water Quality Control District for work in "waters of the State of California." A copy of the certification shall be provided to the Parks & Public Works Department before the final map is recorded. 40. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall 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 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. 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. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting an 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 ow work that went on without inspection. 43. GRADING MORATORIUM. No grading or earth - disturbing activities shall be initiated in hillside areas between October 1 and April 15 of each year. For grading operations commenced before October 1, all grading or earth - disturbing activities shall cease October 15 and will not be allowed to restart until April 15. Grading permits will not be issued between September 15 and April 15. These limitations include, but are not limited to these items: driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings and utility trenches. Install interim erosion control measures, shown on the approved interim erosion control plan, by October 1, if final landscaping is not in place. Maintain the interim erosion control measures throughout the October 1 to April 15 period. Page 7 of 12 44. GRADING INSPECTIONS. The soils engineer or her /his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy /Certificate of Completion. 45. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall- -top of wall elevations and locations b. Toe and top of cut and fill slopes c. Building pad d. Top of curb 46. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. On sites over five (5) acres, allotice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading is allowed to go on during the rainy season. In addition, straw bales and plastic sheeting shall be stored on- site for emergency control, if needed. Install filter berms, check dams, retention basins, silt fences and straw bale dikes as needed on the project site, to protect down stream water quality during winter months. 47. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 48. 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. 49. 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, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement 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. 50. DRIVEWAY APPROACHES. The developer shall install six (6) Town standard residential driveway approaches. The new driveway approaches shall be constructed per Town Standard Detail. Page 8 of 12 51. 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 civil engineer who prepared the plans, attesting to the changes. The original "as- built" plans shall be review and approved the Engineering Construction Inspector. A Mylar of the approved "as- built" plans shall be provided to the Town before the Faithful Performance Security is released. 52. 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. No Certificate of Occupancy shall be given until sewer later is approved by West Valley Sanitation District and the Engineering Division Parks and Public Works Department. If one does not exist, a sanitary sewer lateral clean -out shall be installed at the property line. 53. EASEMENT RELINQUISHMENT. The property owner shall relinquish the existing St. Joseph's Hill Open Space Preserve Access and Parking easement prior to the issuance of a building permit for the first house. 54. SECURITY AND CONTRACT FOR MUTUAL BENEFIT WATER COMPANY. The developer shall post security in a sufficient form and amount as determined by the Director of Parks and Public Works and Town Attorney, to secure the construction and future operation of the mutual benefit water company. The developer shall submit a written contract which governs the fee schedule and the maintenance of the mutual benefit water company. Developer shall further provide security in the event of catastrophic failure of the water system to fund an emergency water supply plan to the satisfaction of the Town Attorney, Director of Parks and Public Works and Director of Community Development These requirements shall be met prior to recordation of the final map. 55. STREET LIGHTING. Street lighting shall be minimized on the hillside for safety purposes only. (Parks Division) 56. FINAL LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture and Site approval process. This plan shall include fencing for all lots and measures to screen the proposed water tank adjacent to the Open Space Preserve. In addition, the developer shall plant Oalc trees or other trees that are naturalized to the hilltops in the area (as opposed to Redwoods and Cedars) for landscape screening between the Open Space Preserve and Lot 5. The tree plan provided in Section 10 of Exhibit X, (from the Report to the Planning Commission from the Development Review Committee dated May 3, 2001 for the meeting of May 9, 200 1) shall be provided and incorporated in the final plans. 57. NEW TREES. Newly planted trees shall be double - staked, using rubber tree ties and shall be planted prior to acceptance of the subdivision improvements and /or final occupancy as determined by the Parks Superintendent. Page 9 of 12 58. 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. 59. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation system. 60. *ARBORIST. All recommendations made by Arborist Walter Levison in his report received by the Town on April 1, 1999, shall be reflected in final project plans and implemented during construction. 61. TRAIL MAINTENANCE. The provision for the trail maintenance shall be finalized prior to the approval of the subdivision map. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 62. FIRE HYDRANTS. The applicant shall provide public fire hydrant(s) at location(s) to determined j ointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1000 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal. Installation shall conform to National Fire Protection Association Standard #24 and Fire Department Standard Details and Specification W -2. 63. TIMING OF WATER SUPPLY INSTALLATIONS. Required fire service and fire hydrant installations shall be installed, tested and accepted by the Fire Department prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 64. TIMING OF ROADWAY INSTALLATIONS. Required driveways and /or access roads up through the fires lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 65. REQUIRED FIRE FLOW. The developer shall provide the required fire flow from fire hydrants spaced at a maximum of 500 feet or provide an approved fire sprinkler system throughout all portions of the building. The fire sprinkler system shall conform to National Fire Protection Association Standard #131),1994 Edition, and local ordinance requirements. The fire sprinkler valving shall be installed per Fire Department Standard Detail and Specification W- 1 /SP -4. Page 10 of 12 66. ROAD. The road shall have a vertical clearance of 13 feet six inches, minimum turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15 percent. 67. DRIVEWAY. The driveway shall have a minimum unobstructed width of 12 feet, a vertical clearance of 13 feet six inches, minimum 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 68. FIRE LANE MARKINGS. The developer shall 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. 69. EMERGENCY ACCESS ROAD. The developer shall provide a secondary access (emergency vehicle access). The developer shall provide the following prior to filing for a building permit: a. A copy of the written description of the emergency vehicle access easement. c. Written documentation that the emergency access roadway has been recorded with the Santa Clara County Recorder's Office. c. Written documentation that a maintenance agreement for the emergency access road has been recorded with the Santa Clara County Recorder's Office. 70. GATE. When open, gates shall not obstruct any portion of the required access road or driveway width. If provided, all locks shall be fire department approved. Installations shall conform with Fire Department Standard Details and Specifications G -1. 71. DEMOLITION. The developer shall submit demolition proposals to the fire department for hazardous material compliance review. 72. WATER SYSTEM. Prior to filing for a building permit, the developer shall identify whether the new water system and fire hydrants shall be considered as a public or private water system. The identity of the operator(s) and the proposed responsibility for maintenance of the system shall also be provided. As a condition of the mutual benefit water company, minimum thresholds for fire safety shall provided to the satisfaction of the Fire Department. 73. REQUIRED PLANS AND PERMITS. The developer shall submit plans for fire apparatus access roads and fire hydrant systems to the Fire Department for review and approval prior to construction. Permits are required for the installation of all private water supply, tank and hydrant systems and must be issued to contractors prior to the start of installation of such systems. 74. ADDITIONAL FIRE PROTECTION. The developer shall provide a cross connection from the fire suppression water supply to the domestic water supply in the reservoir. *Required as mitigation measures for the Mitigated Negative Declaration. Page 11 of 12 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: P,-,, ` YOR WTOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: C 6 CLERK OV THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 12 of 12