Ord 2258 - Amend the Town Code effecting a zone change for 155215 Shannon RoadORDINANCE 2258
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM HR- 5(PREZONE) TO HR -2 1 /2:PD
FOR PROPERTY LOCATED AT
15215 SHANNON ROAD (APN: 537 -25 -002)
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 15215 Shannon Road (Santa Clara County Assessor Parcel Number 537 -25 -002) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from HR -5
(prezone) (Hillside Residential) to HR -2 % ::PD (Hillside Residential, 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 four market rate single - family detached residences.
2. Landscaping, private street, parking and other improvements shown and required on
the Official Development Plans.
Uses permitted are those specified in the HR -2 1/2 (Hillside Residential) zone by
Sections 29.40.230 (Permitted Uses), as it exists at the time of the adoption of this
Ordinance, or as they may be amended in the future.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS:
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
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SECTION IV
Annexation, a Tentative Subdivision Map, and Architecture and Site Approvals are
required before construction of subdivision improvements or new residences, 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 performance standards 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
1. 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.
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.
2. ANNEXATION REQUIRED. An Annexation application shall be submitted prior to
approval of a Subdivision Map, and shall be approved by Town Council and LAFCO prior
to recordation of Parcel Map or application for grading or building permits.
3. SUBDIVISION REQUIRED. A Tentative Subdivision Map application shall be approved for
the project prior to the issuance of building permits. The Development Review
Committee may be the deciding body of the tentative map.
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4. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A &S)
application and approval is required for each of the new residences. The Architecture
and Site applications shall be reviewed by the Planning Commission. Architectural
details, including fencing and a project entry sign, shall be refined as part of this process
with input from the Town's Consulting Architect. A full A &S submittal shall be provided.
5. 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.
6. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall
meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. 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.
7. SETBACKS. The minimum setbacks are those specified by the HR -2 1/2 zoning district.
8. HEIGHT. The maximum height shall be 18 feet.
9. Primary vehicular access for the residents of the new home sites shall be via Shady
Lane.
10. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting
shall be the minimum needed for pedestrian safety and security. Lighting specifications
shall be reviewed as part of the Architecture and Site process.
11. TREE PRESERVATION: All recommendations of the Town's Consulting Arborist shall be
followed. Refer to the report prepared by Deborah Ellis, dated June 15, 2015 for
additional details. The Town's Arborist Consultant shall reevaluate the plans for the
new residences during Architecture and Site review, and make recommendations
toward the goal of preserving as many trees as possible, particularly on Lot 1.
12. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
13. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
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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 inspection and issuance of occupancy permits.
14. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Refer to the report prepared by
Deborah Ellis dated June 15, 2015 for requirements. 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.
15. 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.
16. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to
whichever is more restrictive.
17. GENERAL PROVISIONS. This Planned Development shall comply with provisions in Town
Code Sections 29.40.015 through 29.40.070, and Article V, unless more restrictive
provisions are required in other performance standards for the subject Planned
Development.
18. BELOW MARKET PRICE (BMP) IN -LIEU FEE: A Below Market Price (BMP) in -lieu fee shall
be paid by the property owner /developer pursuant to Town Code Section 29.10.3025
and any applicable Town Resolutions. The fee amount shall be based upon the Town
Council fee resolution in effect at the time a final or vesting tentative map is approved.
19. DEVELOPMENT OUTSIDE PROPERTY LINES: Development shall take place within
property lines unless written permission is obtained from neighboring property owners.
20. AIR QUALITY MITIGATION MEASURE AIR -1 *: BAAQMD- Recommend Basic Construction
Mitigation Measures. To limit the project's construction - related dust and criteria
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pollutant emissions, the following the Bay Area Air Quality Management District
(BAAQMD)- recommended Basic Construction Mitigation Measures shall be included in
the project's grading plan, building plans, and contract specifications:
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. Recycled water
should be used wherever feasible.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
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.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). 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. Post a publicly visible sign with the telephone number and person to contact at
the Town regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The BAAQMD's phone number shall also be
visible to ensure compliance with applicable regulations.
21. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -1 *: Special- status and Migratory
Bird Species. The following avoidance measures shall be required to avoid the project's
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potential effects on Cooper's hawk, and other special- status and migratory bird species.
a. Raptor Nests. Prior to the removal or significant pruning of any trees, they shall
be inspected by a qualified biologist for the presence of raptor nests. This is
required regardless of the season. If a suspected raptor nest is discovered, the
California Department of Fish and Wildlife (CDFW) shall be notified. Pursuant to
California Fish and Game Code (CFGC) Section 3503.5, raptor nests, whether or
not they are occupied, may not be removed until approval is granted by the
CDFW.
b. Tree Work Outside of Breeding Season. If clearing and grubbing and tree
removal or pruning are to be conducted outside of the breeding season (i.e.,
September 1 through January 31), no preconstruction surveys for nesting
migratory birds is necessary.
C. Tree Work During Breeding Season. If clearing and grubbing and tree removal or
pruning are to be conducted during the breeding season (i.e., February 1
through August 31), a preconstruction nesting bird survey shall be conducted.
The survey shall be performed by a qualified biologist no more than two weeks
prior to the initiation of work. Preconstruction surveys should include all trees,
large shrubs, or other areas of potential nesting habitat within the construction
footprint or within 250 feet of the footprint. If no nesting or breeding activity is
observed, work may proceed without restrictions. To the extent allowed by
access, all active nests identified within 76 m (250 feet) for raptors and 15 m (50
feet) for passerines shall be mapped.
d. For any active nests detected near the construction limits (76 m [250 feet] for
raptors and 15 m [50 feet] for passerines), the qualified biologist shall make a
determination as to whether or not construction activities are likely to disrupt
reproductive behavior. If it is determined that construction is unlikely to disrupt
breeding behavior, then construction may proceed. If it is determined that
construction may disrupt breeding, then a suitable construction -free buffer
should be established around all active nests where disruption of breeding may
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occur. The precise dimension of the buffer (up to 250 ft) would be determined
at that time and may vary for each nest depending on location, species,
topography, lines of site between the work area and the nest, physical barriers,
and the ambient level of human activity. The buffer areas should be enclosed
with temporary fencing, and construction equipment and workers should not
enter the enclosed setback areas. Buffers should remain in place for the
duration of the breeding season or until it has been confirmed by a qualified
biologist that all chicks have fledged and are independent of their parents.
e. If maintenance of a no- construction buffer zone is not feasible, the qualified
biologist shall monitor the nest(s) to document breeding and rearing behavior of
the adult birds. If it is determined that construction activities are likely to cause
nest abandonment, work shall cease immediately and the CDFW and /or the
United States Fish and Wildlife Service (USFWS) Division of Migratory Bird
Management shall be contacted for guidance. Work may not resume until an
agreement has been reached with the authorities specifying the conditions
under which work may proceed.
22. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -2 *: Special- status Bats. The
following avoidance measures shall be required to avoid the project's potential effects
on hoary bat or other special- status bat species.
a. A preconstruction survey shall be conducted by a qualified biologist to identify
suitable bat roosting sites. If no evidence of roosting is detected, no further
avoidance or minimization measures are necessary.
b. Any trees determined to support or potentially support maternal roosting sites
may only be removed or demolished under guidance and recommendations of
the bat biologist to avoid and minimize impacts and comply with the CDFG.
Passive exclusion of roosting bats would be required and this may only be
performed during the non - breeding season (i.e., between September 15 and
March 1).
C. Any trees determined to provide suitable day or night roosting sites shall be
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identified and marked on site plans. Such roosting sites include snags, rotten
stumps, and decadent trees with broken limbs, exfoliating bark, cavities,
openings leading to interior portions of any structures. If no suitable roost sites
or evidence of bat roosting are identified, impact minimization measures are not
warranted. If suitable roosting sites or evidence of bat roosting are identified,
the following measures shall be conducted:
i) A qualified biologist shall survey suitable roost sites immediately prior to the
removal or significant pruning of any of the larger trees, or demolition or
significant renovation of any structures.
ii) If the qualified biologist identifies suitable day or night roost sites or
evidence of bat occupation, the following steps shall be followed to
discourage use of the sites by bats and to ensure that any bats present are
able to safely relocate. For trees:
■ Tree limbs smaller than 7.6 cm (3 in) in diameter shall be removed and
any loose bark shall be peeled away.
■ Any competing limbs that provide shelter around the potential roost site
shall be removed to create as open of an area as possible.
• The tree shall then be left alone to allow any bats using the tree /snag to
find another roost during their nocturnal activity period.
• The qualified biologist shall survey the trees a second time 48 hours after
trimming.
■ If no bats are present, work may proceed.
• If bats remain on the site, additional measures would be prescribed by
the biologist.
Pre - demolition bat surveys should be conducted to determine if bats are
present in structures onsite. If no bats are observed to be roosting in structures
identified as potentially suitable habitat, then no further action is required, and
dismantling of the structures can proceed. However, if bats are found to be
roosting in structures on the site, the project proponents shall exclude bats prior
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to dismantling any structures to ensure no harm or take would occur to any bats
as a result of demolition activities. Dismantling of structures should occur after
September 15 and before March 1 to avoid interfering with an active nursery. If
a non - breeding bat colony is found in the structures, the individuals should be
safely evicted under the direction of a qualified bat biologist through a "partial
dismantle" process, whereby the roosting area is opened to allow airflow
through and sunlight into the structure, making it unsuitable habitat and
undesirable for the bats to return to the site. Full dismantling should then follow
no later than the following day (i.e., there should be no less than one night
between initial disturbance for airflow and the demolition). This action should
allow bats to leave during the night, thus increasing their chances of finding new
roosts with a minimum of potential predation during daylight hours.
23. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -3 *: San Francisco Dusky- footed
Woodrat (SFDW). To ensure no take of SFDW occurs, the following protective measures
shall be followed.
a. A pre - construction wildlife survey shall be performed prior to any land clearing
activities within the identified construction area to search for woodrat nests. If
no nests are detected, no further avoidance measures are warranted.
b. If a woodrat nest is detected, it shall be mapped in relation to the proposed
limits of work. If the nest can be avoided, it shall be isolated from the work zone
by installation of wildlife exclusion fencing.
C. If a woodrat nest is in the work zone and it cannot be avoided, site clearing shall
be performed during the non - breeding season (e.g., September 1 through
November 30). During the non - breeding season, the nest shall be disassembled
by hand and the nest materials (e.g., sticks) removed and disposed of off -site.
Any adult animals will be passively relocated into the adjacent woodland
habitat. This work shall be supervised by a qualified biologist. Upon completion,
the biologist shall notify CDFW of the translocation work.
If site clearing must proceed during the breeding season, it will be necessary to
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determine whether or not the nest is currently occupied. This may be done by
direct observation over the course of at least two evenings no more than 48
hours prior to nest disassembly. Direct observation may consist of installation of
wildlife cameras at the nest or by a biologist on the ground. If no animals are
observed, the nest may be disassembled by hand. If, during the process of
disassembling the nest, live animals are encountered, nest materials shall be
replaced on top of the nest and the effort abandoned. Nests may not be
disassembled if young woodrats are present. Construction must then be
postponed until the end of the breeding season.
24. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO -4 *: Tree Replacement and
Protection. Prior to the removal of any trees, a tree removal permit shall be obtained
from the Town of Los Gatos, and all of the conditions of the permit shall be followed
during tree removal. Tree replacement plantings shall be in conformance with Table 3 -1
(Tree Canopy - Replacement Standard) of the Town's Tree Protection Ordinance and
Appendix A of the Hillside Development Standards and Guidelines. The project
applicant shall be required to implement recommendations made by the Town's
consulting arborist, Deborah Ellis, MS, in the report dated June 15, 2015 as well as any
subsequent updates.
25. CULTURAL RESOURCES MITIGATION MEASURE CUL -1 *: Archaeological Resources.
Construction personnel involved with earthmoving shall be alerted to the potential for
the discovery of prehistoric materials. Prehistoric archaeological materials might include
obsidian and chert flaked -stone tools (e.g., projectile points, knives, scrapers) or
toolmaking debris; culturally darkened soil ( "midden ") containing heat - affected rocks,
artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles,
handstones, or milling slabs); and battered stone tools, such as hammerstones and
pitted stones. Historic - period materials might include stone, concrete, or adobe
footings and walls; filled wells or privies; and deposits of metal, glass, and /or ceramic
refuse.
If prehistoric or historic - period archaeological resources are encountered, all
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construction activities within 50 feet shall halt and the Community Development
Director shall be notified. A Secretary of the Interior - qualified archaeologist shall
inspect the findings within 24 hours of discovery. If it is determined that the project
could damage a historical resource or a unique archaeological resource (as defined
pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with
Public Resources Code (PRC) Section 21083.2 and Section 15126.4 of the CEQA
Guidelines, with a preference for preservation in place. Consistent with Section
15126.4(b)(3), this may be accomplished through planning construction to avoid the
resource; incorporating the resource within open space; capping and covering the
resource; or deeding the site into a permanent conservation easement. If avoidance is
not feasible, a qualified archaeologist shall prepare and implement a detailed treatment
plan in consultation with Community Development Department. Treatment of unique
archaeological resources shall follow the applicable requirements of PRC Section
21083.2. Treatment for most resources shall consist of (but would not be not limited to)
sample excavation, artifact collection, site documentation, and historical research, with
the aim to target the recovery of important scientific data contained in the portion(s) of
the significant resource to be impacted by the project. The treatment plan shall include
provisions for analysis of data in a regional context, reporting of results within a timely
manner, curation of artifacts and data at an approved facility, and dissemination of
reports to local and state repositories, libraries, and interested professionals.
26. CULTURAL RESOURCES MITIGATION MEASURE CUL -2 *: Mitigation Measure CUL -2:
Paleontological Resources. Prior to the commencement of construction activities, the
project applicant or its successor(s) in interest shall provide for a qualified
paleontologist to provide construction personnel with training on procedures to be
followed in the event that a fossil site or fossil occurrence is encountered during
construction. The training shall include instructions on identification techniques and
how to further avoid disturbing the fossils until a paleontological specialist can assess
the site. An informational package shall be provided for construction personnel not
present at the meeting. In the event that a paleontological resource (fossilized
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invertebrate, vertebrate, plant or micro - fossil) is found during construction, excavation
within 50 feet of the find shall be temporarily halted or diverted until the discovery is
evaluated. Upon discovery, the Community Development Director shall be notified
immediately and a qualified paleontologist shall be retained to document and assess
the discovery in accordance with Society of Vertebrate Paleontology's 2010 Standard
Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological
Resources, and recommend procedures to be followed before construction is allowed
to resume at the location of the find. If the Community Development Director
determines that avoidance is not feasible in light of project design, logistics, and costs,
the paleontologist will prepare a recommended excavation plan, subject to review and
approval by the Community Development Director, for mitigating the project's impact
on this resource, including preparation, identification, cataloging, and curation of any
salvaged specimens.
27. CULTURAL RESOURCES MITIGATION MEASURE CUL -3 *: Human Remains. In the event of
discovery or recognition of any human remains during construction activities, such
activities within 50 feet of the find would cease until the San Mateo County Coroner has
been contacted to determine that no investigation of the cause of death is required.
The Native American Heritage Commission (NAHC) shall be contacted within 24 hours if
it is determined that the remains are Native American. The NAHC would then identify
the person or persons it believes to be the most likely descendant from the deceased
Native American, who in turn would make recommendations to the Town of Los Gatos
for the appropriate means of treating the human remains and any grave goods.
28. GEOTECHNICAL MITIGATION MEASURE GEO -1 *: Geotechnical Investigation. For the
proposed roadway and each proposed residential unit, the project applicant(s) shall
consult with a registered geotechnical engineer to prepare a design -level geotechnical
investigation that incorporates the recommendations in the Geologic and Geotechnical
Feasibility Study: Proposed Five -Lot Subdivision, Sahadi Property (UPP Geotechnology,
2015). The design -level geotechnical report shall address, but not be limited to, site
preparation and grading, building foundations, and CBC seismic design parameters. A
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design -level geotechnical report shall be prepared and submitted in conjunction with
Building Permit application(s) and reviewed and approved by the Town of Los Gatos.
Recommendations from the design -level geotechnical report shall be incorporated into
the final project design and construction documents.
29. HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -1 *: Fire Safety Plan During
Construction. The contractors for the proposed project and future residential
development shall prepare and implement fire safety plans for construction operations
to prevent and respond to fire. The plan shall state that construction equipment be
equipped with fire prevention devices (e.g., spark arrestors) pursuant to Public
Resources Code 4442. Water and firefighting tools (e.g. shovels, axes, fire extinguishers)
shall be maintained on site during construction activities. The plan shall be reviewed
and approved by the Town of Los Gatos prior to issuance of demolition, grading, or
building permits.
30. NOISE MITIGATION MEASURE NOI -1 *: Construction Specifications to Reduce Noise. The
project applicant and its successors shall ensure that the following practices are
incorporated into the construction specification documents to be implemented by the
project contractor:
• Provide enclosures and mufflers for stationary equipment, shrouding or shielding
for impact tools, and barriers around particularly noisy operations, such as grading
or use of concrete saws within 50 feet of an occupied sensitive land use.
• Use construction equipment with lower (less than 70 dB) noise emission ratings
whenever possible, particularly air compressors and generators.
• Do not use equipment on which sound - control devices provided by the
manufacturer have been altered to reduce noise control.
• Locate stationary equipment, material stockpiles, and vehicle staging areas as far as
practicable from sensitive receptors.
• Prohibit unnecessary idling of internal combustion engines.
• Implement noise attenuation measures to the extent feasible (i.e., such that they do
not impede efficient operation of equipment or dramatically slow production rates),
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which may include, but are not limited to, noise barriers or noise blankets. The
placement of such attenuation measures shall be reviewed and approved by the Los
Gatos Building Division prior to issuance of development permit for construction
activities.
31. TRANSPORATION /TRAFFIC MITGATION MEASURE TRANS -1 *: Traffic Control Plan. The
project applicant shall work with the Engineering Division of the Town of Los Gatos's
Parks and Public Works Department to devise a traffic control plan for incorporation
into the construction bid documents (specifications) to ensure safe and efficient traffic
flow during periods when soil is hauled off the project site. The plan shall include, but
not be limited to, the following measures:
• Hauling and delivery activities and designated truck routes shall be strategically
selected, timed and coordinated to minimize traffic disruption to schools, residents,
businesses, special events, and other projects in the area. The schools located on
the haul route shall be contacted to help with the coordination of the trucking
operation to minimize traffic disruption.
• Flag persons shall be placed at locations as necessary. All flag persons shall have the
capability of communicating with each other to coordinate the operation.
• 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.
• 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.).
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
32. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work
shall conform to the applicable Town ordinances. The adjacent public right -of -way shall
be kept clear of all job - related mud, silt, concrete, dirt and other construction debris at
the end of the day. Dirt and debris shall not be washed into storm drainage facilities.
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The storing of goods and materials on the sidewalk and /or the street will not be
allowed unless an encroachment permit is issued by the Engineering Division of the
Parks and Public Works Department. The Applicant'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 issuance of correction notices, citations, or
stop work orders and the Town performing the required maintenance at the Applicant's
expense.
33. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
34. 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. It is the
responsibility of the Applicant to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and
Electric (PG &E), AT &T, Comcast, Santa Clara Valley Water District, California
Department of Transportation (Caltrans). Copies of any approvals or permits must be
submitted to the Town Engineering Division of the Parks and Public Works Department
prior to releasing any permit.
35. PUBLIC WORKS INSPECTIONS: The Applicant or their 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 penalties and rejection of work that went on
without inspection.
36. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed
because of the Applicant'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
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equal to or better than the original condition. Any new concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor's sole expense and no additional
compensation shall be allowed therefore. 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. The Applicant shall request a walk -
through with the Engineering Construction Inspector before the start of construction to
verify existing conditions.
37. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction.
38. 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.
39. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the
issuance of any permits or recordation of the Parcel Map.
40. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval. Additionally, any post - project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Applicant.
41. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading permit application (with grading plans) shall be made
to the Engineering Division of the Parks and Public Works Department located at 41
Miles Avenue. The grading plans shall include final grading, drainage, retaining wall
location(s), 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
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on E. Main Street, is needed for grading within the building footprint.
42. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after the rainy season, as defined by
the State Water Resources Control Board (October 1 -April 30), has ended.
43. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: Not
including the exceptions granted by approval of this Ordinance, all grading activities and
operations shall be in compliance with Section III of the Town's Hillside Development
Standards and Guidelines. Not including the exceptions granted by approval of this
Ordinance, all development shall be in compliance with Section II of the Town's Hillside
Development Standards and Guidelines.
44. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the Town Engineer: a drainage study of
the project including diversions, off -site areas that drain onto and /or through the
project, and justification of any diversions; a drainage study evidencing that the
proposed drainage patterns will not overload the existing storm drain facilities; and
detailed drainage studies indicating how the project grading, in conjunction with the
drainage conveyance systems (including applicable swales, channels, street flows, catch
basins, storm drains, and flood water retarding) will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100 -year flood.
45. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit /building permit.
46. 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:
Retaining wall: top of wall elevations and locations.
b. Toe and top of cut and fill slopes.
47. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of
any site work, the general contractor shall:
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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 project
conditions of approval and will make certain that all project sub - contractors
have read and understand them as well prior to commencing any work, and that
a copy of the project conditions of approval will be posted on -site at all times
during construction.
48. RETAINING WALLS: A building permit, issued by the Building 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.
49. GENERAL: The Applicant shall comply with all Town, County, State and Federal laws and
regulations applicable to this land division. No other proposed development is included
in this particular application of the Certificate of Compliance. Issuance of a Certificate
of Compliance will acknowledge the Town's acceptance of the parcel as legally created
in accordance with the Subdivision Map Act. Any subsequent development will be
required to demonstrate compliance with the Town Development Standards and Codes.
50. PARCEL MAP: A parcel map shall be recorded. Two (2) copies of the parcel map shall be
submitted to the Engineering Division of the Parks and Public Works Department for
review and approval. Submittal shall include closure calculations, title reports and the
appropriate fee. The map shall be recorded before any permits for new construction
are issued.
51. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity
fees shall be paid either immediately prior to the recordation of any subdivision or tract
maps with respect to the subject property or properties or immediately prior to the
issuance of a sewer connection permit, which ever event occurs first. Written
confirmation of payment of these fees shall be provided prior to map recordation.
52. PRIVATE UTILITIES— STREET: Prior to the recordation of a subdivision map the Applicant
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shall place a note on the map, in a manner that meets the approval of the Town
Engineer that states: "The private streets, utilities constructed within this map shall be
owned, operated and maintained by the Applicant, successors or assigns."
53. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any permits are issued:
a. A 30 -foot wide, emergency vehicle access easement, pedestrian ingress- egress
easement, public utility easement, and private sanitary sewer easement as
shown on the tentative map;
b. A 10 -foot wide trail easement as shown on the tentative map.
54. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
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.
55. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be
conducted for the project to determine the surface and sub - surface conditions at the
site and to determine the potential for surface fault rupture on the site. The
geotechnical study shall provide recommendations for site grading as well as the design
of foundations, retaining walls, concrete slab -on -grade construction, excavation,
drainage, on -site utility trenching and pavement sections. All recommendations of the
investigation shall be incorporated into project plans.
56. SOILS REVIEW: Prior to issuance of any permits, the Applicant's engineers shall prepare
and submit a design -level geotechnical /geological investigation for review and approval
by the Town. 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. Approval of the Applicant's soils engineer shall then be conveyed to the
Town either by letter or by signing the plans.
57. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical /geological
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recommendations contained in the project's design -level geotechnical /geological
investigation as prepared by the Applicant's engineer(s), and any subsequently required
report or addendum. Subsequent reports or addendum are subject to peer review by
the Town's consultant and costs shall be borne by the Applicant.
58. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit.
59. UTILITIES: The Applicant 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 Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable
television service. The Applicant is required to obtain approval of all proposed utility
alignments from any and all utility service providers before a Certificate of Occupancy
for any new building can be issued. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
60. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, structures or
hardscape are allowed within the easement boundaries, and that maintenance access
must be provided. The Town will prepare the deed language and the Applicant's
surveyor shall prepare the legal description and plat. The Applicant shall pay any
recordation costs.
61. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of
involved parties shall accompany any proposed private easement. Access driveway shall
be within the recorded access easement. A new private access easement shall be
recorded, and a copy of the recorded agreement shall be submitted to the Engineering
Division of the Parks and Public Works Department, prior to issuance of building permit
or realigned access driveway shall be completed prior to the issuance of building
permit.
62. FENCES: Fences between all adjacent parcels will need to be located on the property
lines /boundary lines. Any existing fences that encroach into the neighbor's property
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will need to be removed and replaced to the correct location of the boundary lines
before a Certificate of Occupancy for any new building can be issued. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
63. TRAFFIC IMPACT MITIGATION FEE: The Applicant shall pay the project's proportional
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 traffic impact mitigation fee for this project shall be
calculated from the final plans using the current fee schedule and rate schedule in
effect at the time the building permit is issued, using a comparison between the
existing and proposed uses.
64. 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, smartphone video (in Landscape
orientation only) or digital video camera. The survey shall extend from the intersection
of Shady Lane and Santella Court to the project site. The results shall be documented in
a report and submitted to the Town for review.
65. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant shall complete a
pavement condition survey and pavement deflection analysis to determine whether
road damage occurred as a result of project construction and whether there were
changes in pavement strength. Rehabilitation improvements required to restore the
pavement to pre- construction condition and strength shall be determined using State
of California procedures for deflection analysis. The results shall be documented in a
report and submitted to the Town for review and approval before a Certificate of
Occupancy for any new building can be issued. The Applicant shall be responsible for
completing any required road repairs prior to release of the faithful performance bond.
66. CONSTRUCTION STREET PARKING: No vehicle having a manufacture'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 to approval
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from the Town Engineer.
67. 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.), and at other times as specified by the Director of Parks and Public Works.
Prior to the issuance of a building permit, the Applicant shall work with the Town
Building Department and Engineering Division Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or off of
the project site. This may include, but is not limited to provisions for the
Applicant /Owner to place construction notification signs noting the dates and time of
construction and hauling activities, or providing additional traffic control. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand and other loose debris.
68. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to 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. The Town may authorize,
on a case -by -case basis, alternate construction hours. The Applicant shall provide
written notice twenty -four (24) hours in advance of modified construction hours.
Approval of this request is at discretion of the Town.
69. 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 from the source. 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.
70. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan sheet (full -size) within the plan
set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan,
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Ordinance 2258 April 18, 2017
Project Schedule, site security fencing, employee parking, construction staging area,
materials storage area(s), concrete washout(s) and proposed outhouse locations.
Please refer to the Town's Construction Management Plan Guidelines document for
additional information. Traffic Control Plan, including access routes for particular types
of equipment, shall be reviewed and approved by staff prior to issuance of any permits.
71. SHARED PRIVATE STREET: The private street accessing Project Site shall be kept open
and in a safe, drive -able condition throughout construction. If temporary closure is
needed, then formal written notice shall be provided at least one week in advance of
closure.
72. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used.
A Sanitary Sewer Clean -out is required for each property at the property line, or at a
location specified by the Town.
73. 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 Building Official. 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 in the Uniform Plumbing Code adopted by the Town and maintain such device
in a functional operation condition. Evidence of West Sanitation District's decision on
whether a backwater device is needed shall be provided prior to the issuance of a
building permit.
74. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more
which are part of a larger common plan of development which disturbs less than one
(1) acre are required to obtain coverage under the construction general permit with the
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State Water Resources Control Board. The Applicant is required to provide proof of
WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP)
on the construction site and shall be made available to the Town of Los Gatos
Engineering Division of the Parks and Public Works Department and /or Building
Department upon request.
75. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such measures
are implemented. Best Management Practices (BMPs) shall be maintained and be
placed for all areas that have been graded or disturbed and for all material, equipment
and /or operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
76. STORMWATER DEVELOPMENT RUNOFF: (10 kSF and Up) All new development and
redevelopment projects are subject to the stormwater development runoff
requirements. Every Applicant shall submit a stormwater control plan and implement
conditions of approval that reduce stormwater pollutant discharges through the
construction, operation and maintenance of treatment measures and other appropriate
source control and site design measures. Increases in runoff volume and flows shall be
managed in accordance with the development runoff requirements.
77. SITE DESIGN MEASURES: All projects shall incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
Minimize impervious surface areas.
C. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
Use landscaping to treat stormwater.
78. INFILTRATION TRENCHES: The following requirements apply to the proposed infiltration
trenches:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical
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Ordinance 2258 April 18, 2017
engineer shall review the design of the infiltration trenches and retaining walls
along the portion of the road within the property boundary and determine
whether additional structural supports are needed to ensure stability of the
road and the adjacent hillside during the wet season.
b. The assumed infiltration rate of 0.67 in /hr shall be verified with actual site-
specific soils data prior to the Final Stormwater Control Plan for the road and
development on each lot, and if the infiltration rate is lower than 0.67 in /hr, a
hydrologic analysis shall be conducted to ensure that the proposed trench sizes
are adequate.
C. If the lots are to be developed individually, each lot shall provide infiltration
trenches consistent with the final stormwater control plan for the project, sized
based on the actual amount of impervious surface to be created on the lot.
d. The road and infiltration trenches shall be protected from sediment generated
during construction of homes on the lots. The proposed source control
measures shall be indicated on the project plans.
e. Maintenance of stormwater treatment and the infiltration trenches shall be the
responsibility of the property owner and /or future property owners. A
maintenance agreement shall be prepared establishing the property owner or
owners' responsibility.
79. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one (1) acre. A maximum of two (2) 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,
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Ordinance 2258 April 18, 2017
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 National Pollutant Discharge Elimination System (NPDES) Municipal
Regional Permit (MRP). Monitoring for erosion and sediment control is required and
shall be performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP
Practitioner (QSP) as required by the Construction General Permit. Stormwater samples
are required for all discharge locations and projects may not exceed limits set forth by
the Construction General Permit Numeric Action Levels and /or Numeric Effluent Levels.
A Rain Event Action Plan (REAP) must be developed forty -eight (48) hours prior to any
likely precipitation even, defined by a fifty (50) percent or greater probability as
determined by the National Oceanic and Atmospheric Administration (NOAA), and /or
whenever rain is imminent. The QSD or QSP must print and save records of the
precipitation forecast for the project location area from
(http: / /www.srh.noaa.gov /forecast) which must accompany monitoring reports and
sampling test data. A rain gauge is required on -site. The Town of Los Gatos Engineering
Division of the Parks and Public Works Department and the Building Department will
conduct periodic NPDES inspections of the site throughout the recognized storm season
to verify compliance with the Construction General Permit and Stormwater ordinances
and regulations.
80. 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 (3) 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
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occur. Streets shall 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 (1) late- afternoon watering to minimize the effects of blowing
dust. All public streets soiled or littered due to this construction 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 twenty -five (25) miles per hour (MPH). All trucks hauling soil, sand, or
other loose debris shall be covered.
81. DUST CONTROL: The following measures shall be implemented at construction sites
greater than four (4) acres in area:
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 fifteen (15) miles per hour.
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.
82. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASOA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the Town's grading and erosion
control ordinance, and other generally accepted engineering practices for erosion
control as required by the Town Engineer when undertaking construction activities.
83. 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 "NO DUMPING -
Flows to Bay" NPDES required language. On -site drainage systems for all projects shall
include one of the alternatives included in section C.3.i of the Municipal Regional
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Ordinance 2258 April 18, 2017
NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If
dry wells are to be used they shall be placed a minimum of ten (10) feet from the
adjacent property line and /or right -of -way. No improvements shall obstruct or divert
runoff to the detriment of an adjacent, downstream or down slope property.
84. STORM WATER MANAGEMENT PLAN: (ONLY FOR CREATING /REPLACING 10,000 SF) 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
Municipal Regional Stormwater NPDES Permit, Order R2- 2015 -0049, NPDES Permit No.
CAS612008. The plan shall delineate source control measures and BMPs together with
the sizing calculations. The plan shall be certified by a professional pre - qualified by the
Town. In the event that the storm water 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.
85. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the
storm water management plan: "The biotreatment soil mix used in all stormwater
treatment landscapes shall comply with the specifications in Attachment L of the MRP.
Proof of compliance shall be submitted by the Contractor to the Town of Los Gatos a
minimum of thirty (30) days prior to delivery of the material to the job site using the
Biotreatment Soil Mix Supplier Certification Statement."
86. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: (ONLY FOR CREATING /REPLACING OVER 10,000 SF) 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 the Town's Stormwater Discharge Permit and all current amendments or
modifications. The agreement shall specify that certain routine maintenance shall be
performed by the property owner /homeowner's association and shall specify device
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Ordinance 2258 April 18, 2017
maintenance reporting requirements. The agreement shall also specify routine
inspection requirements, permits and payment of fees. The agreement shall be
recorded, and a copy of the recorded agreement shall be submitted to the Engineering
Division of the Parks and Public Works Department, prior to the release of any
occupancy permits.
87. MAINTENANCE OF PRIVATE STREETS: It is the responsibility of the property
owner(s) /homeowners association to implement a plan for street sweeping of paved
private roads and cleaning of all storm drain inlets.
88. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of Contractor and
homeowner 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.
89. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. All construction shall be diligently supervised by a
person or persons authorized to do so at all times during working hours. The
Applicant'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
penalties and /or the Town performing the required maintenance at the Applicant's
expense.
90. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
91. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
92. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable
shall be provided prior to the recordation of the parcel map.
93. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and
geotechnical engineering studies shall be performed in support of the design of the
infrastructure and the residences, and the reports and plans shall be submitted to the
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Ordinance 2258 April 18, 2017
Town for review.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
94. WATER PLAN: A 'Conceptual Water Plan' shall be resubmitted for evaluation prior to
approval of Architecture and Site Review of any future residences.
95. STREET DESIGN: Standard street design requirements shall apply.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on April 4, 2017, 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 April 18, 2017, and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marico Sayoc
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF THE �oj LOS GATOS
LOS GATOS, CALIFORNIA
DATE: `+ U
ATTEST:
ES{�E CLERK ADMINISTRATOR OFT TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA L
DATE: _ L�J (/ ' - /—
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TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From: Prezone HR-5 To: HR-2 1/2:PD
PD-15-001 A.P.N. #537-25-002
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator:
Date:
Mayor:
Date:
Ord:
15215 Shannon Road
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