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Ord 2207 - Amending Town code effcting zoning code FROM RM:12 -20 TO RM:12 -20:PD at 135 Riviera Drive;1]:71] 1► /\► �$�1y7 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM RM:12 -20 TO RM:12 -20:PD FOR PROPERTY LOCATED AT 135 RIVIERA DRIVE 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 on property at 135 Riviera Drive (Santa Clara County Assessor Parcel Numbers 529 -13 -016, 529 -09- 027, 031 and 034) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from RM:12 -20 (Multi - Family Residential) to RM:5 -12:PD (Multi- Family Residential, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Retention of 123 existing apartment units (24 to be converted to affordable units). 2. Removal of existing pool, landscape improvements and carports. 3. Construction of 50 new apartment units within four buildings. 4. Construction of a new pool and spa, fitness and leasing centers, and carports. 5. Designation and implementation of 25 affordable units; 24 low income units within existing buildings and one moderate income unit in a new building. 6. Landscaping, private street, parking and other improvements shown and required on the Official Development Plan. 7. Uses permitted are those specified in the RM (Multiple - Family Residential) zone by Sections 29.40.610 (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 a Conditional Use Permit Page 1 of 26 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 construction work for the new apartments, fitness and leasing centers, 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 Town Code. SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk): TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division I. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the Architecture and Site approval process. Colors and building materials shown on the Official Development Plan are not approved and shall be reviewed during the Architectural and Site approval process. 2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A &S) application and approval is required for the new apartment buildings. Architectural details shall be refined as part of this process with input from the Town's Consulting Page 2 of 26 Architect. The Planning Commission shall be the deciding body for the A &S applications. 4. AFFORDABLE UNITS. The developer shall provide twenty five (25) affordable units within the project. Up to 24 of the affordable units may be located within the existing apartment buildings and shall be rented to low income applicants. A minimum of one (1) affordable unit shall be located within a new building and shall be rented to moderate income (or lower) applicants. Applicants shall be qualified by the Santa Clara Housing Authority. A deed restriction shall be recorded prior to the issuance of any building permits, stating that the affordable residences must be rented and maintained as affordable units pursuant to State Density Bonus Law. The affordable units shall be required to be maintained for the term required under State Density Bonus law or for the life of the buildings, whichever is longer. The developer shall enter into an Affordable Housing agreement with the Town prior to issuance of building permits. 5. AFFORDABLE UNIT PHASING. The applicant shall submit a Marketing and Affordable Housing Management Plan for approval by the Director of Community Development and the Town Attorney prior to issuance of building permits. The plan shall include details on the transition of existing units to affordable units and prioritization transition for existing tenants who qualify for rental of affordable units. The final certificate of occupancy for the last new apartment building shall not be issued until the 25 affordable units have been designated and occupied by qualified tenants. 6. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's Consulting Landscape Architect and approved as part of the Architecture and Site process. Minimum tree size at time of planting shall be 24 -inch box. RIPARIAN RESTORATION PLAN. The Riparian Restoration Plan prepared by HT Harvey Ecological Consultants shall be implemented as part of the project. Permits from required agencies including the State Department of Fish and Game and /or Santa Clara Valley Water District (SCVWD) shall be obtained prior to issuance of building permits. The following SCVWD recommendations shall be incorporated into the creek restoration plan: a. Mitigation of the sycamore tree shall comply with the Guidelines and Standards for Land Use Near Streams for native riparian species used within or near the riparian corridor. Page 3 of 26 b. Any planting that occurs while SCVWD is controlling giant reed within the creek corridor shall allow for the District's continued activities, or the property owner may take on the responsibility for controlling giant reed at the site. C. California bay shall be deleted from the planting list (Table 1). d. The seed list (Table 2) should include the use of seed produced from selections originally collected in Santa Clara County, and at a minimum, from the SF Bay Area. 8. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit. 9. SETBACKS. The minimum setbacks are those specified by the RM zoning district or as otherwise shown on the Conceptual Development Plans. 10. BUILDINGHEIGHT. The maximum height of the new apartment buildings shall be 35 feet. 11. PARKING. A minimum of 261 parking spaces shall be provided and maintained. Parking spaces shall be double- striped per Town standards. 12. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties and Los Gatos Creek, to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications, including a photometrics plan for parking lot lighting, shall be reviewed as part of the Architecture and Site process. 13. TRASH ENCLOSURES. Two on -site trash enclosures shall be provided. Trash enclosures shall comply with C -3 requirements. 14. *BIOLOGICAL RESOURCES MITIGATION MEASURE -1. No new construction or the removal of any native vegetation shall be permitted beyond the existing chain -link fence. 15. *BIOLOGICAL RESOURCES MITIGATION MEASURE -2. Removal of native trees within the riparian zone shall be minimized. 16. *BIOLOGICAL RESOURCES MITIGATION MEASURE -3. Construction of new impervious surfaces within the riparian zone shall be reduced as much as is feasible. Page 4 of 26 17. *BIOLOGICAL RESOURCES MITIGATION MEASURE -4. Best Management Practices (BMPs) to pre -treat storm runoff from the project prior to release into Los Gatos Creek shall be incorporated into the project design. 18. *BIOLOGICAL RESOURCES MITIGATION MEASURE -5. BMPs shall be implemented during construction to prevent creek bank erosion and the release of any contaminants into Los Gatos Creek. 19. *BIOLOGICAL RESOURCES MITIGATION MEASURE -6. Based on the recorded size of Tree #118 (western sycamore, spread = 50'), six 24 -inch box trees shall be planted. Replacement trees shall be planted on the subject property. As an alternative, permission may be sought from the Santa Clara Valley Flood Control District to plant replacement trees off site in the Los Gatos Creek channel. If replacement trees cannot be reasonably placed on the subject property or on the banks of the creek channel, the value of the trees to be removed shall be paid to the Town Tree Fund to add or replace trees elsewhere in Town. 20. *BIOLOGICAL RESOURCES MITIGATION MEASURE -7. As additional compensation for construction within the riparian zone, the following measures shall be incorporated into the project design: a. An invasive species eradication program shall be implemented for the segment of Los Gatos Creek in line with the upstream and downstream property boundaries. b. A qualified Restorationist shall be retained at the applicant's expense to survey the creek segment to identify invasive species to be eradicated. A qualified contractor shall be hired at the applicant's expense to implement the Restorationist's recommendations. It is anticipated that the effort will target giant reed, eucalyptus, privet, Himalayan blackberry, smilo grass, and sweet fennel, or any other possible species identified by the Restorationist. C. The Restorationist shall provide guidance to the contractor regarding appropriate eradication techniques. d. Upon completion of work, the Restorationist shall conduct an inspection and submit a report to the Director of Community Development. If the contractor's work was incomplete or unsatisfactory, contractor shall continue his /her work until the Restorationist signs off. Page 5 of 26 C. The Restorationist shall conduct an annual inspection of the creek section for a period not less than five years. If significant recolonization by invasive species is identified, the applicant shall be responsible for implementing further eradication. f. At the end of five years, if the applicant's efforts have been satisfactory as reported by the Restorationist, the applicant's obligations shall be deemed complete. If the applicant's efforts are deemed unsatisfactory by the Town, the invasive species eradication program shall be continued for an additional five years. 21. *BIOLOGICAL RESOURCES MITIGATION MEASURE -8. All recommendations of the Town's Consulting Arborist shall be implemented to eliminate or minimize the construction- related impacts on the trees to be retained. Refer to the report prepared by Arbor Resources dated May 7, 2010 for details. 22. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of demolition permits. 23. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being removed. The number of trees shall be determined using the canopy replacement table in the Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to final and issuance of occupancy permits. 24. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 25. RECYCLING. All wood, metal, glass and aluminum materials generated from demolition work 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 demolition inspection. 26. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final locations and screening of all exterior utilities, including but not limited to, backflow preventers, Fire Department connections, transformers, utility boxes and utility meters. Utility devices shall be screened to the satisfaction of the Director of Community Development. The plans shall be submitted for review and approval prior to issuance of building permits for new construction. Page 6 of 26 27. *CULTURAL RESOURCES MITGATION MEASURE -1. An archaeological monitor shall be present to observe all construction activities where disturbance of surface soils will occur (e.g. demolition, grading and trenching operations). 28. *CULTURAL RESOURCES MITGATION MEASURE -2. Constructionpersonnel involved with earthmoving shall be alerted to the potential for discovery of prehistoric materials and in particular, concentration of historic artifacts. Prehistoric archaeological resources could include but not be limited to, concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of fire (ash, charcoal, fire altered earth or rock) and human and animal burials. 29. *CULTURAL RESOURCES MITGATION MEASURE-3. In the event that archaeological traces are encountered, all construction within a 20 -foot radius of the find shall be halted, the Community Development Director shall be notified, and an archaeologist shall be retained to examine the find and make appropriate recommendations. 30. *CULTURAL RESOURCES MITGATION MEASURE -4. In the event that it appears further earthmoving will affect a resource eligible for the California Register of Historic Resource (CRHR), a plan for evaluation of the resource through limited hand excavation shall be submitted to the Town's Community Development Department for approval. If evaluative testing demonstrates that the project will affect a CRHR eligible resource, a plan for the mitigation of impacts to the resource shall be submitted to the Community Development Department for approval before construction is allowed inside the zone designated as archaeologically sensitive. 31. *CULTURAL RESOURCES MITGATION MEASURE -5. If the Community Development Director finds that the archaeological find is not a significant resource, work may 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 shall follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program shall be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. Page 7 of 26 32. *CULTURAL RESOURCES MITGATION MEASURE -6. A final report shall be prepared when a find is determined to be a significant archaeological site, and /or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. Building Division 33. PERMITS REQUIRED. A Demolition Permit shall be required for any demolition work necessary for the project and a Building Permit for construction of each of the four new apartment buildings. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 34. SIZE OF PLANS. Submit four sets of construction plans, maximum size 24" x 36 ". 35. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue -lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 36. DEMOLITION REQUIREMENTS. Obtain a Building Department Demolition Application and a Bay Area Air Quality Management Application from the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG &E that all utilities have been disconnected, return the completed form to the Building Department Service Counter with the J# Certificate, PG &E verification, and three (3) sets of site plans to include all existing structures, existing utility service lines such as water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit from the Town. 37. STREET NAMES & APARTMENT NUMBERS: Submit requests for new street names and apartment numbers to the Building Division prior to submitting for the building permit application process. Page 8 of 26 38. SOILS REPORT. 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. 39. SHORING. Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right -of -way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to the Cal /OSHA regulations. 40. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and that the building pad elevation, on -site retaining wall locations, and elevations have been 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. Building pad elevation b. Finish floor elevation C. Foundation corner locations d. Retaining Walls 41. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The apartments shall be designed with adaptability features for multiple family residences per Town Resolution 1994 -61: a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs located 34- inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32- inches wide on the accessible floor. C. Primary entrance shall a 36 -inch wide door including a 5'x5' level landing, no more than 1/2 -inch out of 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 at primary entrance. 42. TITLE 24 ENERGY COMPLIANCE. All required California Title 24 Energy Compliance Forms must be blue -lined on the plans. Page 9 of 26 43. TITLE 24 ACCESSIBILITY. On -site parking facilities shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, on -site general path of travel accessibility to building entrances from parking facilities and sidewalks 44. BACKWATER VALVE. The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12- inches above the elevation of the next upstream manhole. 45. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov /building. 46. BLUEPRINT FOR CLEAN BAY. The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at www.losgatosea.gov /building. 47. PLANS. The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538). 48. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Suzanne Davis (408) 354 -6875 b. Engineering /Parks & Public Works Dept.: Trang Tu- Nguyen (408) 354 -5236 C. Santa Clara County Fire Department: (408) 378 -4010 d. West Valley Sanitation District: (408) 378 -2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District: (415) 771 -6000 Page 10 of 26 M 50. 51 52. HOUSING ACCESSIBILITY. The project shall comply with the Housing Accessibility requirements of 2007 California Building Code Chapter 11 A. *NOISE MITGATION MEASURE -1. To minimize construction noise impacts on existing apartments located adjacent to the site, existing boundary fencing shall be retained throughout the noisier earthmoving phase of construction or any new fencing proposed to be constructed along site boundaries shall be constructed as early as possible (prior to project grading activities if feasible). To maximize the fence's noise attenuation effects, proposed fencing shall be solid with no gaps, cracks, or openings (e.g. high quality air -tight tongue - and- groove, board and batten, or shiplap design). *NOISE MITGATION MEASURE -2. To minimize construction noise impacts on existing Riviera Terrace apartments located adjacent to proposed Building 4, the western- facing fapade of this building shall be enclosed as early in the construction process as possible to minimize impacts on the existing apartments to the west. *NOISE MITGATION MEASURE -3. To achieve acceptable exterior noise levels on affected balconies, the following design requirements shall be implemented: a. To achieve compliance with the State's 65 -dB (DNL) exterior noise guideline, 42- inch high acoustically- effective railings shall be constructed on the balconies of second and third floor units in Building 3 and the balconies of second and third floor balconies of the two units in each stack of Building 4 within 320 feet of the freeway centerline (those that have a direct or side view of the Highway 17 freeway). The balcony railing height is in reference to the nearest balcony floor elevation. b. Balcony railing shall be constructed air -tight (i.e. without cracks, gaps, or other openings) and must provide for long -term durability, including the balcony floor. The railings can be constructed of masonry, wood, concrete, stucco, metal or a combination thereof, and must have minimum surface weight of 1.5 pound per square feet. If wood fencing is used, homogenous sheet materials are preferable to conventional wood fencing as the latter has a tendency to warp and form openings with age. High quality, air -tight tongue- and - groove, board and batten, or shiplap construction can be used, provided that the construction is air -tight and the minimum surface weight is met. Railing details shall be reviewed during the A &S process. Page 11 of 26 C. Translucent materials, such as glass, Lexan, or Plexiglas, may be incorporated into the barriers to provide for light and views, however, they must have a minimum thickness of 3/16 inches to meet the minimum surface weight requirement. Downspouts and scuppers are preferable over sheet draining. All connections with posts, pilasters, and the building shells must be sealed air - tight. No openings are permitted between the upper railing components and the balcony floor. 53. *NOISE MITGATION MEASURE -4. To achieve compliance with the Town of Los Gatos Noise Element and Title 24 interior noise standard of 45 dB (DNL), the following measures shall be implemented: a. Building 2: All windows and glass doors of living spaces on the north, east, and south facades of this building (except for the first -floor units on the north side facing the swimming pool area), windows shall be maintained closed at all times. Windows and glass doors shall have a minimum Sound Transmission Class (STC) rating of 27 and some type of mechanical ventilation shall be provided. b. Building 3: All windows and glass doors of living spaces on the north, east, and south facades of this building shall be maintained closed at all times. Windows and glass doors shall have a minimum Sound Transmission Class (STC) rating of 27 and some type of mechanical ventilation shall be provided. C. Building 4: All windows and glass doors of living spaces on the north, east, and south facades of this building (except for the four westerly first floor units located on the south side facing the swimming pool area, those closest to Building 7) shall be maintained closed at all times. Windows and glass doors shall have a minimum Sound Transmission Class (STC) rating of 27 and some type of mechanical ventilation shall be provided. d. Building 7: Units in this building that will be renovated requiring a permit and compliance with Title 24 shall maintain "closed at all times" windows and glass doors of living spaces on the north, east, and south facades of this building within 550 feet of the centerline of the Highway 17 freeway (four -story portion of building with the exception of the first floor units on the south side facing the swimming pool area). Windows and glass doors shall have a minimum Sound Transmission Class (STC) rating of 27 and some type of mechanical ventilation shall be provided. Page 12 of 26 54. *NOISE MITGATION MEASURE -5. When windows and doors are maintained closed for noise control, some type of mechanical ventilation to assure a habitable environment must be provided. The mechanical ventilation requirements are specified in the Uniform Building Code (UBC) and described in Appendix B of the ELPA study, which is included as Attachment 6 of the Initial Study. The windows that are specified to be maintained closed are to be operable, as the requirement does not imply a "fixed" condition. All other windows of the project and all bathroom windows may have any type of glazing and may be kept opened as desired unless the bathroom is an integral part of a living space without a closeable door, such as those sometimes found in a master bedroom suite. 55. *NOISE MITGATION MEASURE -6. In addition to the required STC ratings, windows and doors shall be installed in an acoustically- effective manner. To achieve an acoustically - effective window construction, the sliding window panels must form an air -tight seal when in the closed position and the window frames must be caulked to the wall opening around their entire perimeter with the non - hardening caulking compound to prevent sound infiltration. Exterior doors must seal air -tight around the full perimeter when in the closed position and must meet Title 24 requirements for multi- family entry doors (STC 24). 56. *NOISE MITGATION MEASURE -7. The acoustical test report of all sound -rated windows and doors should be reviewed by a qualified acoustician to ensure that the chosen windows and doors will be adequately reducing traffic noise to acceptable levels. Many dual -pane windows and glass door assemblies have inherent noise reduction problems in the traffic noise frequency spectrum due to resonance that occurs within the air space between the window lites, and the noise reduction capabilities vary from manufacturer to manufacturer. 57. *AIR QUALITY MITIGATION MEASURE - 1. To limit the project's construction- related dust, criteria pollutant, and precursor emissions, the following BAAQMD- recommended Basic Construction Mitigation Measures shall be implemented: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. Page 13 of 26 C. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted at the site. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 58. *GEOLOGY AND SOILS MITIGATION MEASURE. The recommendations in the geotechnical report by Cornerstone Earth Group (dated May 12, 2010) shall be implemented. The project Geotechnical Consultant shall submit a plan review letter confirming that all recommendations have been incorporated into the construction plans, prior to issuance of a grading permit. 59. 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 Page 14 of 26 not be allowed unless a special permit is issued. The developer's representative in charge shall beat 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. 60. 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. 61. 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. Failure to do so will result in rejection of work that went on without inspection. 62. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant capacity fees shall be paid and written confirmation of payment of these fees shall be provided to the Town prior to any permit issuance. 63. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement (if required). The easements and associated agreements shall be recorded prior to any permits. 64. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. 65. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 66. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. Page 15 of 26 67. 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 68. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 69. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 70. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 71. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any permit or recordation of the Final Map. 72. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre- construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters. b. Acknowledge in writing that they have read and understand the proj ect conditions of approval, and will make certain that all project sub - contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 73. RETAINING WALLS. A building permit, issued by the Building Division of the Community Development Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. Page 16 of 26 74. SOILS REPORT. One copy of the soils 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 or geologist, in conformance with Section 6735 of the California Business and Professions Code. 75. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 76. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and /or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as- built" letter /report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 77. DEDICATIONS /EASEMENTS. The following shall be provided and recorded by separate instrument. These shall be recorded before any permits are issued. a. Ingress- egress, emergency access, storm drainage and sanitary sewer easements, as required. 78. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and/or repaint) etc. 79. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as- built" drawings. Page 17 of 26 80. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 81. AGENCY REQUIREMENTS. All required permits (Fish & Game, SCV WD, Army Corps, etc.) as determined by Environmental Review shall be obtained for proposed improvements in or near riparian areas within their jurisdiction. Copies of all required permits shall be provided to the Parks & Public Works Department before any permits are issued. 82. TO WNE TERRACE/UNIVERSITY AVENUE. The developer shall construct a raised pork - chop island at the northeast corner of the intersection with ADA accessible pedestrian path and install pedestrian crosswalk crossing Towne Terrace. These improvements shall be constructed as soon as possible, and prior to occupancy of the first new unit. 83. FAIR SHARE CONTRIBUTION FOR INTERSECTION IMPROVEMENT. The developer shall pay a fair share cost $8,446 toward an identified intersection improvement project, signalization of Lark/University. The amount of cost is estimated with the number of project trips entering the Lark/University intersection based on the application. The cost will be re- calculated from the final plans. The fee shall be paid prior to issuance of building permits. 84. 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 building permit is issued. The fee shall be paid before issuance of a building permit. The final fee shall be calculated form the final plans using the rate schedule in effect at the time the building permit is issued. 85. STREET LIGHTING. The developer shall re -paint street light poles and replace existing luminaire fixture with LED luminaire fixture for existing street lights along Towne Terrace, Avery, Rushmore, and Millbrae. 86. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the project Applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35 -mm or digital video camera. The survey shall include the full length of Rushmore Lane, Millbrae Lane, Towne Terrace and University Avenue from Towne Terrace to Hwy 9. The results shall be documented in a report and submitted to the Town for review. Page 18 of 26 87. POSTCONSTRUCTION PAVEMENT SURVEY, The project Applicant will complete a pavement condition survey to determine whether road damage occurred as a result of project construction. Rehabilitation improvements required to restore the pavement to pre - construction condition and strength will be required. The Applicant shall be responsible for completing any required road repairs prior to release of occupancy permit for the 25` unit. 88. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (S WPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of most current Santa Clara County NPDES MRP Permit. 89. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction Page 19 of 26 activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 90. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented at construction sites greater than four acres in area (should current NPDES Requirements conflict with these provisions the most stringent shall apply): a. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.). C. Limit traffic speeds on unpaved roads to 15 mph. d. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. e. Replant vegetation in disturbed areas as quickly as possible. 91. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. 92. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§ 15.40.070). 93. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate Flows to Bay language. 94. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre - qualified by the Town. In the event that storm water Page 20 of 26 measures proposed on the Planning approval differ significantly from those certified on the Building /Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 95. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner/homeowner's association shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement will specify that certain routine maintenance shall be performed by the property owner /homeowner's association and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 96. 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. 97. UTILITIES. The developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 98. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any public 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 Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. Page 21 of 26 99. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any public curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 100. 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. 101. DRIVEWAY APPROACH. The developer shall install two (2) Town standard commercial driveway approaches. The new driveway approaches shall be constructed per Town Standard Details. 102. CURB RAMPS. The developer shall construct any proposed curb ramps in compliance with ADA Standards. 103. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with Town Code Section §23.10.080. 104. AS -BUILT PLANS. After completion of construction of all work, the original plans shall have all 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 reviewed and approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY -LINE; g) Page 22 of 26 Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 105. 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. 106. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 107. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 108. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate a weekly neighborhood (including all existing tenants of existing development and adjacent parcels) e -mail notification program to provide project status updates. The e -mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter. Page 23 of 26 109. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. 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 beat 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. 110. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, and special events. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one -way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. C. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one -way operation, specifying dates and hours of operation. 111. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer /owner to place Page 24 of 26 construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 112. AUTOMATIC FIRE SPRINKLER SYSTEM. Approved automatic fire sprinklers are required for all new and modified buildings larger than 3,600 square feet or that are more than three or more stories in height. A State of California licensed (C -16) fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval, prior to beginning work. 113. TIMING OF ROADWAY INSTALLATIONS. Required access roads. Up through the first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During construction, emergency access roads shall be maintained clear and unimpeded. Building permit issuance may be held up until installations are completed. Temporary access roads may be approved on a case by case basis. 114. POTABLE WATER. Potable water supplies shall be protected from contamination caused by fire protection water supplies. The applicant shall contact the providing water purveyor and shall comply with all requirements of that purveyor. The fire sprinkler system shall be designed in compliance with water purveyor requirements; final approval of the system will not be granted by the Fire Department until written confirmation is received. 115. GROUND - LADDER RESCUE. Ground - ladder rescue from second and third floor rooms shall be made possible for Fire Department operations. With the climbing angle of seventy five degrees maintained, a seven foot clear walkway shall be provided along either side of the building. Landscaping shall not interfere with the required access. 116. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, a maximum slope of 10% and vehicle loading of 75,000 pounds. Page 25 of 26 117. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. Provide an approved Fire Department engine roadway turnaround with a minimum radius of 45 feet outside and 31 feet inside. Installations shall conform with Fire Department Standard Details and Specification sheet A -1. 118. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and buildings in such a position as to be plainly visible and legible from the street or road 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 January 17, 2012, 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 February 6, 2012 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice NAYS: ABSENT: ABSTAIN: SIGNED: q MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 26 of 26 I f I I I If f 11 ST ER ST 135 Riviera ri e -Z TOWN OF LOS GATOS Application No. PD-10-001 A.P.N. # 529-09-027, 031, 034, and 529-13-016 Change of zoning map amending the Town Zoning Ordinance. ID Zone Change From: RM-12:20 To: RM-12:20:PD ❑ Prezoning Forwarded by Planning Commission Approved by Town Council Date Clerk Administrator Date: 9114/2011 2(t,(2C)I 2- Ord: ;�2C) Mayor A Exhibit A of Attachment 1