Ord 2099 - Amending the Zoning Ordinance Effecting a Zone Chnage from R-1:8 to RM:5-12:PD at 300 Calle Marguerita (Wedgewood)ORDINANCE 2099
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM R -1:8 TO RM:5 -12:PD AT
300 CALLE MARGUERITA
(NE CORNER OF CALLE MARGUERITA & WEDGEWOOD 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 300
Calle Marguerita (APN 409 -04 -054) 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) to RM:5 -12:PD (Multiple
Family Residential, 5 -12 units per acre /Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Construction of seven (7) new market price single family units and one (1) Below
Market Price (BMP) unit;
2. Landscaping, streets, parking, and other site improvements shown and required on
the Official Development Plan;
3. Uses permitted are those specified in the RM (Multiple- Family Residential) zone by
Sections 29.40.6 10 (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.
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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 any construction work for the residential
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 B (development plans received by the Town of
Los Gatos on March 7, 2002,10 sheets), incorporated herein by this reference, are part of the Official
Development Plan. The following must be complied with before issuance of any grading, demolition
or construction permits, unless otherwise stated:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
Application and approval is required for the proposed residential units, parking areas and
landscape improvements.
2. BUILDING SIZES. The size of the single- family units shall be in the range of 1,521 to
2,399 square feet (excluding garages).
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3. BELOW MARKET PRICE PROGRAM. The developer shall provide one (1) BMP unit.
The minimum size of the BMP unit shall be a minimum of 1,521 square feet excluding the
garage. 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.
4. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final footprints and building designs shall be determined during the
architecture and site approval process.
5. ** ARCHAEOLOGICAL /CULTURAL RESOURCES MITIGATION MEASURE -1. If
cultural or archaeological resources are uncovered during project construction, all work
within a 50 -foot radius of the find must be halted ,the Community Development Director
shall be notified and a qualified archaeologist must be retained to examine the find,
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 MEASURE -2. 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 MEASURE -3. Ifthe
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Community Development 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 MEASURE -4. A final
report shall be prepared by a qualified archaeologist when a find is determined to be a
significant 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. * * ARCHAEOLOGICAL /CULTURAL RESOURCES MITIGATION MEASURE -5. The
Planning and Building Divisions of the Community Development Department shall be
responsible for ensuring that the archaeological /cultural resources mitigation measures are
implemented appropriately during construction as the need arises.
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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. 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.
12. GARAGE DIMENSIONS. Minimum interior clear dimensions of one car garages shall be
I P x 20' and minimum interior dimensions of two -car garages shall be 20'x 20
.
13. FENCING & PRIVATE YARDS. Fencing and private yard areas for the residences will be
reviewed with the Architecture & Site application.
14. STORY POLES. The story poles on the project site shall be removed within 45 days of
approval of the Planned Development.
Building Division
15. PERMITS REQUIRED. A building permit application shall be required for each proposed
structures.
16. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover
sheet of the construction plan submitted for building permit.
17. SIZE OF PLANS. The maximum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
18. 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).
19. STREET NAME AND HOUSE NUMBERS. Submit requests for new street name and
house numbers (addresses) from the office of the Town Clerk prior to the building permit
application process.
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20. 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.
21. * * GEOTECHNICAL MITIGATION MEASURE -l: Ageotechnical investigation shall be
conducted to determine the surface and subsurface soil conditions at the site. The
geotechnical study shall provide recommendations for site grading as well as the design of
the foundations, retaining walls, concrete slab -on -grade construction, excavation, drainage,
on -site utility trenching and pavement sections. The project shall incorporate all
recommendations of the investigation in order to minimize the potential impacts resulting
from regional seismic activity and subsurface soil conditions on the site.
22. 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
23. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed
with adaptability features for single - family residences per Town Resolution No. 1994 -61:
a. Wooden backing (no smaller than 2 inches x 8 inches) shall be provided in all
bathroom walls at water closet, shower and bathtub locations, 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 the 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 on the strike side.
d. Door buzzer, bell or chime shall be "hard" wired.
24. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-
IR and MF -IR shall be printed on the construction plans.
25. TITLE 24 ACCESSIBILITY- COMMONAREAS. On site common areas shall comply with
the latest California Title 24 Accessibility Standards for disabled access. Work shall include,
but is not limited to, sidewalks and curb cuts.
26. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase 11 approved
appliances per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
27. 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 any building permits, in accordance
with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Division Service Counter. The Town Special Inspection schedule shall be printed on the
construction plans.
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28. 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 Division
service counter.
29. NOISE MITIGATION MEASURE. The project applicant shall demonstrate that all units
are designed to achieve interior noise levels of 45 dB (CNEL) prior to issuance of a building
permit.
30. 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. School District approvals required for this project are:
Campbell Union School District: 378 -3405
Union School District: 377 -8010
Campbell Union High School District: 371 -0960
Note: Obtain the school districtforms from the Town Building Department, after the
Building Department has approved the building permits.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
31. GRADING PERMIT. A grading permit is required for the on -site private street, drainage
and erosion control. A separate application for a grading permit (with grading plans) shall
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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 & Public
Works, the grading permit will be issued concurrently with the building permit.
32. SOILS REPORT. One copy of the soils and geologic reports 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 or geologist, in
conformance with Section 6735 of the California Business and Professions Code.
33. 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 report and appropriate fee. The
map shall be recorded prior to the issuance of any permits.
34. DEDICATIONS. The following shall be dedicated on the final map. The dedications shall
be recorded before the issuance of any permits.
a. Ingress- egress, storm drainage and sanitary sewer easements, as required.
b. Public Service Easement (PSE). A PSE shall be dedicated over the on -site private
street, and a ten (10) foot wide PSE shall be dedicated next to the Calle Marguerita
and Pollard Road right -of -way.
35. 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
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Performance Security and Labor & Materials Security before the issuance of a building
permit or recordation of a Final Map. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
a. Calle Marguerita: Replace existing driveways with new curb, gutter and sidewalk;
install new driveway to project; relocate street lights, if necessary; tie -in paving,
signing, striping, storm drainage and sanitary sewers, as required.
36. 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.
37. 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 shall 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 traffic impact
mitigation fee using the current fee schedule is $5,730 per detached single - family residence.
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.
38. 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, vehicle
parking enforcement procedures and maintenance of the common open space areas and
equipment.
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39. LIGHTING. Final exterior lighting plans shall be reviewed with the Tentative Map
application. Street lighting shall be provided as required by the Director of Parks & Public
Works.
40. HYDROLOGY & WATER QUALITY MITIGATION MEASURE. The applicant shall
incorporate best management practices for storm water quality protection during and after
construction to the maximum extent feasible. Measures could include directing runoff from
parking areas and roofs to appropriate landscaping areas to allow pollutants to be reduced
in the water that will eventually be discharged into Smith Creek.
Public Works Division
41. 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 j ob 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.
42. 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.
43. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering 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.
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Failure to do so will result in rejection of work that went on without inspection.
44. 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.
45. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a
licensed land 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
46. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. 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. 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.
48. 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.
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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,
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.
50. DRIVEWAY APPROACH: The developer shall install one (1) Town standard driveway
approach as specified by the Town's Standards Detail.
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 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.
52. 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.
53. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
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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
54. NEW TREES. All newly planted trees shall be double- staked to Town standards prior to
acceptance of the subdivision or architecture and site approval as determined by the Parks
Superintendent.
55. , 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.
56. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of
this plan and must remain on site.
57. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A fee of $472 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:
58. REQUIRED FIRE FLOW. Required fire flow is 2,500 GPM at 20 psi. residual pressure.
59. AUTOMATIC FIRE SPRINKLER SYSTEM. Both buildings shall be equipped with an
approved automatic fore sprinkler system, hydraulically designed per National Fire
Protection Association (NFPA) Standards #13. A copy of the Santa Clara County Fire
Department "approved" underground fire service drawings shall be provided to the
appropriate water company for record purposes, prior to installation. To prevent engineering
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delays, the underground contractor shall submit three sets of shop drawings designed per
NFPA Standard 24 to the Fire Department along with a completed application and applicable
fees for review as soon as possible.
60. 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 that 1500 GPM.
Therefore, the final required fire flow of 1,500 GPM at 20 psi residual pressure shall be
available from any two hydrants on or near the site, provided that they have a maximum
spacing of 250 feet.
61. 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 parking bays). Parking will be allowed along one side of the street for
roadways 28 -25 feet in width. For roadways with a width equal to or greater than 36 feet,
parking will be allowed on both sides of the road. Roadway widths shall be measured face
of curb to face of curb. Parking spaces are based on an eight -foot wide space.
62. 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 Details & Specifications A -6.
63. TIMING OF REQUIRED INSTALLATIONS. The required fire services, fire hydrants and
access road installations shall be in place, inspected, and accepted by the Fire Department
prior to the start 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
IR,
of the Fire Department. During construction, emergency access roads shall be maintained
clear and unimpeded.
64. FIRE TURNAROUND. The emergency vehicle turnaround on the development plans
received by the Town on January 8, 2002 is approved as shown. Any changes to the
turnaround shall be approved by the Santa Clara County Fire Department and the Director
of Community Development.
65. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so
they are clearly visible and legible from the street or road fronting the property. Numbers
shall be a minimum of four inches high and shall contrast with their background.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 3, 2002, 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 June 17, 2002, . This Ordinance
becomes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway
NAYS: Sandy Decker
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR THE TOWN F LOS GATOS
LOS GATOS, CALIFO IA
ATTEST:
CLERK OF THE TOWN OF LOS ATOS
LOS GATOS, CALIFORNIA
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The map and development plans
(identified as Exhibits A and 6)
are on file with the
Town Clerk's office