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Ord 2266 - Amending the Town Code Effecting a Zone Change for 105 Newell Ave
ORDINANCE 2266 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM R -1:12 TO R- 1:12:PD FOR PROPERTY LOCATED AT 105 NEWELL AVENUE (APN: 409 -24 -026) 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 105 Newell Avenue (Santa Clara County Assessor Parcel Number 409 -24 -026) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from R -1:12 (Single - Family Residential, 12,000 square foot lot minimum) to R -1:12 (Single - Family Residential 12,000 square foot lot minimum, Planned Development). SECTION II With respect to compliance with the California Environmental Quality Act ( "CEQA "), the Town Council finds as follows: A. An Initial Study and Mitigated Negative Declaration were completed for the proposed development and no significant unmitigated impacts are associated with the application. The Final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are adopted. SECTION III The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Removal of existing site improvements. 2. Construction of four market rate single - family detached residences. 3. Landscaping, private street, parking and other improvements shown and required on the Official Development Plans. 4. Uses permitted are those specified in the R -1:12 (Single Family Residential, 12,000 square foot lot minimum) zone by Sections 29.40.380 (Permitted Uses), as it exists at the time of the adoption of this Ordinance, or as they may be amended in the future. 1 of 27 Ordinance 2266 November 21, 2017 SECTION IV COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS: All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION V 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 VI 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. Colors and building materials shown on the Official Development Plan are not approved and shall be reviewed during the Architecture 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. 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. 2 of 27 Ordinance 2266 November 21, 2017 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 Development Review Committee. 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. 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 R -1:12 zoning district or as otherwise shown on the Conceptual Development Plans. 8. BUILDING HEIGHT. The maximum height of the new residences shall be 30 feet. The maximum height for detached garages shall be 15 feet. 9. 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. 10. TREE PRESERVATION: All recommendations of the Town's Consulting Arborist shall be followed. Refer to the report prepared by Deborah Ellis, dated February 19, 2015 for additional details. The Arborist Consultant shall reevaluate the plans for the new residences during Architecture and Site review. 11. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of demolition permits. 12. 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 inspection and issuance of occupancy permits. 13. 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 February 19, 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 3 of 27 Ordinance 2266 November 21, 2017 construction plans. 14. 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. 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. EXISTING RETAINING WALL. The existing retaining wall height along Winchester Boulevard shall not increase should the wall need to be rebuilt. 17. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to whichever is more restrictive. 18. SIDEWALKS. Sidewalks along Winchester Boulevard and Newell Avenue shall meet minimum Town Code requirements. 19. 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. 20. DEVELOPMENT OUTSIDE PROPERTY LINES: Development shall take place within property lines unless written permission is obtained from neighboring property owners. 21. AIR QUALITY MITIGATION MEASURE AQ -1": BAAQM D-Recom mend Basic Construction Mitigation Measures. To limit the project's construction - related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQM D)-recom mended 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. 4 of 27 Ordinance 2266 November 21, 2017 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. The project contractor shall designate a "disturbance coordinator" responsible for responding to any local complaints regarding dust complaints. The project contractor will post a publicly visible sign with a contact telephone number for the disturbance coordinator. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. CULTURAL RESOURCES MITIGATION MEASURE CUL -1 *: Discovery of Unknown Cultural Resources. In the event that archaeological traces are encountered, all construction within a 50 -meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. If the Community Development Director finds that the archaeological find is not a significant resource, work will 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 will follow the protocol set forth in CECA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program will 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. 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. 5 of 27 Ordinance 2266 November 21, 2017 22. CULTURAL RESOURCES MITIGATION MEASURE CUL -2 *: Discovery of Human Remains. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. 23. 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. The design -level geotechnical report shall address, but not be limited to, site preparation and grading, building foundations, and CBC seismic design parameters. A 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. 24. NOISE MITIGATION MEASURE NOI -1 *: Noise Attenuation Wall. Prior to the issuance of a grading permit or improvements plans, the applicant shall demonstrate to the Director of Community Development that a noise attenuation wall is shown on the final landscape plans. The noise attenuation wall shall include the specifications: • The noise attenuation wall shall be a minimum of six feet tall. The approximate location of the recommended noise barriers is shown on Figure 3 of the noise analysis report prepared for the project dated May 2, 2016. • The noise attenuation wall shall be constructed of concrete masonry units (CMU), solid concrete panels, or earthen berm. The noise barriers may include the combination of earthen berm and CMU wall or concrete panels. Wood is not recommended due to eventual warping and degradation of acoustical performance. Other types of materials should be reviewed by an acoustical consultant prior to use. • Air conditioning shall be included in all residences to allow occupants to close doors and windows as desired for acoustical isolation. 25. NOISE MITGATION MEASURE NO[-2 *: Construction Vibration. The construction contractor shall prohibit the use of vibratory rollers within 30 feet of existing residences. Plate compactors and smaller, rubber -tired equipment shall be utilized as feasible. The Town of Los Gatos Building Division shall ensure that this requirement is incorporated into construction documents prior to issuance of grading permits. 6 of 27 Ordinance 2266 November 21, 2017 26. NOISE MITGATION MEASURE NO[-3 *: 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), 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. 27. 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. 7 of 27 Ordinance 2266 November 21, 2017 • 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.). 28. TRANSPORATION /TRAFFIC MITIGATION MEASURE TRANS -2 *: Driveway Design. The applicant shall hire a registered traffic engineer to ensure appropriate driveway design for the new private access drive. A detailed sight distance evaluation for the project roadway shall be prepared for review and approval by the Parks and Public Works Department and the Community Development Director prior to approval of the Final Subdivision Map. Building Division 29. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the existing building and a Building Permit the construction of each new single - family residence. A separate plan set is required for each lot. Separate Building Permits are required for each lot's Site Retaining Walls. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 30. 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. 31. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum size 30" x 42 ". 32. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District 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 Air Quality District's J# Certificate, PG &E verification, and three (3) sets of site plans showing 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. 33. STREET NAME & BUILDING ADDRESSES: Request the new street name or verify approval of proposed street name and submit requests for new building addresses to the Building Division prior to submitting for the Building Permit application process. 34. 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 S of 27 Ordinance 2266 November 21, 2017 Engineer specializing in soils mechanics. 35. 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 and on -site retaining wall locations and elevations have been prepared according to the 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 36. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences per Town Resolution 1994 -61: a. Wood backing (2" x8" 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 future grab bars when needed. b. All passage doors shall be at least 32- inches wide on the accessible floor. c. Primary entrance shall be a 36 -inch wide door including a 5'x5' level landing, no more than 1 -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. 37. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue - lined, i.e. directly printed, onto a plan sheet. 38. 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. 39. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905 or a gas appliance with no wood burning components. Tree limbs shall be cut within 10 -feet of Chimney. 40. FIRE ZONE: The project requires a Class A Roof assembly. 41. 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 9of27 Ordinance 2266 November 21, 2017 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 42. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (2436) 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 ARC Blue Print for a fee or online at www.losgatosca.gov/building. 43. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development —Planning Division: Jennifer Armer (408) 399 -5702 b. Engineering/Parks & Public Works Dept.: Mike Weisz (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 TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 44. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division of the Parks and Public Works Department. The owner, applicant, and /or developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the owner, applicant, and/ or developer's expense. 45. APPROVAL: This application shall be completed in accordance with all the conditions of approvals listed below and in substantial compliance with the latest reviewed and 10 of 27 Ordinance 2266 November 21, 2017 approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer 46. 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 owner /applicant /developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 47. FOR PLANTERS: The Applicant shall apply for an encroachment permit for the proposed planters within the public sidewalk and /or public right -of -way. The Owner, Applicant and /or Developer shall work with Parks and Public Works Department staff to arrive at a mutually agreeable solution that addresses safety and aesthetic issues. If no solution is reached, the vegetative screening requirement shall be waived. An indemnity agreement for private improvements in the public right -of -way (indemnity agreement) will be required if planters are proposed to be located on public land. A copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any permit. 48. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town's right -of -way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the Santa Clara County Office of the Clerk- Recorder, prior to the issuance of any permits. Please note that this process may take approximately four (4) weeks. 49. 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. 50. 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, 11 of 27 Ordinance 2266 November 21, 2017 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. 51. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 52. STREET /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. 53. 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. 54. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any permits or recordation of the Parcel / Final Map. 55. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 56. 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. 57. GRADING PERMIT: Grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The grading permit application (with grading plans and fees) 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). Prior to Engineering signing off and closing out on the issued grading permit, the Owner /Applicant /Developer's soils engineer shall verify, with a 12 of 27 Ordinance 2266 November 21, 2017 stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 58. 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 Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15 -April 15), has ended. 59. 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 proposed drainage patterns will not overload existing storm drains; 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. 60. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading /improvement permits, whichever comes first, the applicant shall: a) Design provisions for surface drainage; and b) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff, and c) provide recorded copy of any required easements to the Town. 61. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit /building permit. 62. 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 Toe and top of cut and fill slopes 63. 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. 64. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main 13 of 27 Ordinance 2266 November 21, 2017 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. 65. GENERAL: The Owner, Applicant and /or Developer 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. 66. CERTIFICATE OF COMPLIANCE: A Certificate of compliance shall be recorded. Two (2) copies of the legal description for each lot configuration, a plat map (8 -' /: in. X 11 in.) shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than ninety (90) days old and the appropriate fee. The certificate shall be recorded prior to the issuance of any permits. 67. PARCEL MAP: A parcel map shall be recorded. Two copies of the final / parcel map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fees. The map shall be recorded before any permits for new construction are issued. 68. 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. 69. PRIVATE UTILITIES- STREET: Prior to the recordation of a subdivision map the applicant /subdivider 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 developer, successors or assigns." 70. RETAINING WALLS: The HOA shall be responsible for the maintenance of all site walls proposed for the development. 71. DEDICATIONS: The following shall be dedicated on the parcel map. The map shall be recorded before any permits are issues: a. Ingress- egress, storm drainage and sanitary sewer easements, as required. 14 of 27 Ordinance 2266 November 21, 2017 b. Emergency Access Easement. Width various from the intersection of Newell Avenue and Elks Place to the terminus of Elks Place. 72. DEMOLITION: The existing building shall be demolished prior to recordation of the parcel map affected by this existing building 73. 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 74. SOILS REVIEW: Prior to issuance of any permit, 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. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 75. 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. 76. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map. The joint trench plans shall include street and /or site lighting and associated photometrics. A letter shall be provided by PG &E stating that public street light billing will by Rule LS2A, and that private lights shall be metered with billing to the homeowners association. Pole numbers, assigned by PG &E, shall be clearly delineated on the plans. 77. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 78. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered 15 of 27 Ordinance 2266 November 21, 2017 civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Newell Avenue. Curb, gutter, sidewalk, street lights, tie -in paving, signing, striping, storm drainage and sanitary sewers, as required. 79. 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. 80. 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 Section 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. 81. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. 82. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility easements. The deed restrictions shall specify that no trees, fences, 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 83. 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. New private access easement shall be recorded prior to issuance of building permit or realigned access driveway shall be completed prior to issuance of building permit 84. 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. 16 of 27 Ordinance 2266 November 21, 2017 85. SIDEWALK REPAIR: The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 86. CURB AND GUTTER: The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 87. CURB RAMPS: The developer shall construct 3 curb ramp(s) in compliance with ADA Standards. 88. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Section 23.10.080, 26.10.065, 29.40.030. 89. FENCES: Fences between all adjacent parcels will need to be located on the property lines /boundary lines. Any existing fences encroached into the neighbors will need to be removed and replaced to the correct location of the boundary lines. Waiver of this condition will require signed and notarized letters from all affected neighbors. 90. AS -BUILT PLANS: After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked. The "as- built" plans shall again be signed and "wet- stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as- built" plans shall be review and approved the Engineering 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) 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. 91. TRAFFIC IMPROVEMENTS: To be determined by traffic engineer. Frontage Improvement Traffic signal improvements (upgrade to current standards as applicable) 17 of 27 Ordinance 2266 November 21, 2017 Update pedestrian cross walk push button to be ADA compliant at the intersection of Winchester Blvd. and Newell Avenue. Re- establish the street striping and painting on Newell Avenue cross walk and centerline. Others as applicable 92. CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of permit. 93. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay 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 traffic impact mitigation fee for this project using the current fee schedule is $8,130.80 per lot. The final fee shall be calculated form the final plans using the rate schedule in effect at the time the building permit is issued. 94. 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 from the Town Engineer. 95. 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, 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. 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. 96. 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 18 of 27 Ordinance 2266 November 21, 2017 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 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. 97. 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. 98. 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. 99. 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 or reused. Sanitary Sewer Clean -out is required for each property at the property line or location specify by the Town. 100. 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. 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 issuance of a building permit. 101. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more which are part of a larger common plan of development which disturbs less than 1 acre are 19 of 27 Ordinance 2266 November 21, 2017 required to obtain coverage under the construction general permit with the State Water Resources Control Board. You are 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 and /or Building Department upon request. 102. BEST MANAGEMENT PRACTICES (BMP's): The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and 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 placed 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 orders. 103. STORMWATER DEVELOPMENT RUNOFF: 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 104. SITE DESIGN MEASURES: All projects must incorporate the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated area. d. Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 105. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Department of the Parks & 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 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, 20 of 27 Ordinance 2266 November 21, 2017 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. Monitoring for erosion and sediment control is required and shall be performed by the QSD or 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 is required when there is a 50% or greater forecast of rain within the 48 hours, by the National Weather Service 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) and must accompany monitoring reports and sampling test data. A Rain gauge is required on site. The Town of Los Gatos Engineering and 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. 106. 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 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. 107. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction 21 of 27 Ordinance 2266 November 21, 2017 Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, 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. 108. STORMWATER DISCHARGE: New buildings [such as food service facilities and /or multi- family residential complexes or subdivisions] shall provide a covered or enclosed area for dumpsters and recycling containers. The area shall be designed to prevent water run -on to the area and runoff from the area. Areas around trash enclosures, recycling areas, and /or food compactor enclosures shall not discharge directly to the storm drain system. Any drains installed in or beneath dumpsters, compactors, and tallow bin areas serving food service facilities shall be connected [to a grease removal device prior to discharging] to the sanitary sewer. The applicant shall contact the local permitting authority and /or sanitary district with jurisdiction for specific connection and discharge requirements 109. 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 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 10' minimum from adjacent property line and /or right of way. 110. 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 Municipal Regional Stormwater NPDES Permit, Order 112- 2009 -074. 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 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. 111. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner (s) or 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 22 of 27 Ordinance 2266 November 21, 2017 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. 112. 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. 113. 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 be at the job site during all working hours. Failure to maintain the public right -of -way according to this condition may result in the Town performing the required maintenance at the developer's expense. 114. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. 115. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility easements. The deed restrictions shall specify that no trees, fences, 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. 116. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 117. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an agreement to construct public improvements in accordance with Town Code Section 24.40.020. The applicant shall supply suitable securities for all public improvements that are part of the development in a form acceptable to the Town in the amount of 23 of 27 Ordinance 2266 November 21, 2017 100% (performance) and 100% (labor and materials) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks & Public Works Department. 118. 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 recordation of the final map. 119. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 120, FIRE APPARATUS (ENGINE) ACCESS ROAD REQUIRED: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15 %. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A -1. CFC Sec. 503 as adopted and amended by LGTC. 121. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specification sheet A -1. Cul -De -Sac Diameters shall be no less than 72 feet. CVC Sec. 503 as adopted and amended by LGTC. 122. PUBLIC FIRE HYDRANT(S) REQUIRED: Provide public fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix BB, Table BB105.1 and Appendix C. 123. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be installed in one- and two - family dwellings as follows: In all new one- and two - family dwellings and in existing one- and two - family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one -time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or 24 of 27 Ordinance 2266 November 21, 2017 subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. NOTE: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by LGTC. 124. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection systems, and /or fire suppression water supply systems or storage containers that may be physically connected in any manner to any appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by the purveyor as having been met by the applicant(s). 2010 CVC Sec. 903.3.5 and Health and Safety Code 13114.7. 125. GOUND LADDER ACCESS: 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, an approximate walkway width along either side of the building shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CVC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2. 126. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specifications SI -1. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33. 127. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A -1. 128. TIMING OF INSTALLATION: When fire apparatus access roads or water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved 25 of 27 Ordinance 2266 November 21, 2017 alterative methods of protection are provide. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2 CVC Sec. 501.4. 129. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the buildings cannot be viewed from the public way, a monument, pole or other sign or means shall be sued to identify the structure. CVC Sec. 505.1. 26 of 27 Ordinance 2266 November 21, 2017 SECTION VII This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7`h day of November 2017, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 21s` day of November 2017. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marico Sayoc NAYS: None. ABSENT: None. ABSTAIN: None. SIGNED: MAYOR OF TH TOW . F LOS GATOS LOS GATOS, CALIFORNIA DATE: 112-1-1-7 ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 27 of 27 Ordinance 2266 November 21, 2017 F y J mG 105 r" 2U 1� C4o,_ Newell Avenue �o m� 0 TOWN OF LOS GATOS Application No. PD -14 -002 A.P.N. #409 -24 -026 " Change of zoning map amending the Town Zoning Ordinance. ® Zone Change From: R -1:12 To: R- 1:12:PD Forwarded by Planning Commission Date: Approved by Town Council Date: Ord: Clerk Administrator: Mayor: EDIT d This Page intentionally Left Blank W O x a w W x H - n� ■ ■ ■■ CCC" i ■ �:C:�:C I hwr ■ . ■-- ■ es•�■�'oN1ZC 00 1 u� ■■■ ■.. o'woiiiiiii11 pE dd � ®j�5�C €C�gg rr 2�S £g£g pp�$ &� gy ^z$ 111 U C1 z"v 2dL t 2&dFi }}x¢ee v. ae9i Q O v da'a 3ili7<ilSeC000CU�.4u C 9.. Eta d� Fi ._3x G.p ne• _'} G L €� duipi$lgl I}ia i ¢ g eg'$ 9.dteL$ �AAt �3 �] �� E 4a• s E kkkC� eve �d�[ �a d�g4 I{ If I € l `5. 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