Ord 2338 - Amending Planned Develeopment Ordinance 2172 Relative to the Maximum Residence Size Allowed on Lot 14 and the Maximum Acerage Residence Size Allowed in the Shannon Valley Ranch Subdivision and Repealing ordinance 2172 for the Shannon Valley RanORDINANCE 2338
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING PLANNED DEVELOPMENT ORDINANCE 2172 RELATIVE TO THE
MAXIMUM RESIDENCE SIZE ALLOWED ON LOT 14 AND THE MAXIMUM
AVERAGE RESIDENCE SIZE ALLOWED IN THE SHANNON VALLEY RANCH
SUBDIVISION AND REPEALING ORDINANCE 2172 FOR THE SHANNON VALLEY
RANCH SUBDIVISION AT SHANNON AND HICKS ROADS
(SHANNON OAKS AND MOUNTAIN LAUREL LANES)
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 Shannon and Hicks Roads (Santa Clara County Assessor Parcel Numbers 567-24-010
through 025) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from
HR-5:PD (Hillside Residential, 5 Acres per Dwelling Unit, Planned Development) to HR-5:PD
(Hillside Residential, 5 Acres per Dwelling Unit, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by Ordinance 2172 is hereby
amended to authorize the following construction and use of improvements:
1. Demolition of two existing pre-1941 and two post-1941 single family residences and one
pre-1941 bash.
2. Construction of 13 new single-family dwelling units and reconstruction of one single-family
dwelling that was destroyed by fire.
3. Landscaping, streets, trails, and other improvements shown and required on the Official
Development Plan.
4. Dedication of 45.4 acres of hillside and riparian open space as shown on the Official
Development Plans.
5. Dedication of trail easements to the Town of Los Gatos as shown on the Official
Development Plans.
6. Revised grading shown on the plan attached as Exhibit D.
7. Accessory structures in compliance with the Hillside Development Standards & Guidelines.
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8. Ordinance 2172 is hereby repealed.
9. Uses permitted are those specified in the HR (Hillside Residential) zone by Sections
29.40.235 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as
those sections exist at the time of the adoption of this Ordinance, or as they may be amended
in the future. However, no use listed in Section 29.20.185 is allowed unless specifically
authorized by this Ordinance, or by a Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval and Subdivision Approval is required before construction
work for the dwelling units is performed, whether or not a permit is required for the work and
before any permit for construction is issued. Construction permits shall only be in a manner
complying with Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), Exhibit B (Official Development Plans), and Exhibit D
(Modified Grading Plan), are part of the Official Development Plan. The following conditions
must be complied with before issuance of any grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. EXPIRATION/USE OF APPROVAL. The approval for the requested grading modifications
shall expire two years from the date of approval unless the application has been vested
pursuant to Town Code Section 29.20.320.
2. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
application and approval is required for the residential units proposed.
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3. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final footprints and building designs shall be determined during the
architecture and site approval process.
4. HOUSE SITING. The siting of the homes shall be determined during the Architecture &
Site approval process.
5. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished structures 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 Town's demolition inspection and the issuance
of any building permits.
6. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for the removal of
any ordinance sized tree prior to the issuance of a Building, Grading or Encroachment Permit.
7. FENCING. Fence locations shall be reviewed and approved during the Architecture & Site
review(s), including privacy and yard fencing. Developer will include in the CC&R's for the
project a restriction limiting the home owners from replacing the fence type as installed by
the Developer and as shown on the Official Development Plans, or as otherwise approved
during the Architecture & Site review(s). Any replacement or addition of other fence types
shall be restricted to open fence types including wood with wire mesh and wood or concrete
split -rail fencing. Solid fencing will be permitted only where installed by the Developer and
as shown on the approved development plans. CC&R's shall require fences to be set back a
minimum of 10 feet for from property lines.
8. BUILDING SQUARE FOOTAGE. All project homes will be limited to a maximum size of
4,850 square feet with a maximum average of 4,655 square feet, and at least 2/3 of the homes
shall be limited to a one-story design. Final building design and size will be determined
during Architecture and Site review. No further expansion of the homes will be allowed
unless this Ordinance is amended by the Town Council. Lot 14 shall be limited to a one-
story design.
9. ACCESSORY STRUCTURES. Accessory structures are allowed provided they are in
compliance with the Hillside Development Standards & Guidelines, and shall be reviewed
and processed in accordance with those standards and guidelines.
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10. SETBACKS. The minimum setbacks are those specified by the HR-5 zoning district.
11. HEIGHT. The maximum height for single -story homes shall be 25 feet and the maximum
height for two-story homes shall be 30 feet. The maximum height for accessory structures
shall be 15 feet.
12. EXTERIOR LIGHTING. All exterior lighting shall be reviewed and approved as part of the
Architecture & Site review(s). Lighting shall be down directed, and no street lighting shall
be included in the development. If it is determined that lighting is needed for safety reasons
at the intersection of Hicks Road and the new road into the development, a street light may
be required, but only if there is not alternative safety devices that can adequately delineate
the intersection. If it is determined that a new light must be installed, it shall be designed to
only illuminate the minimum area necessary for safety.
13. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3a. During the design phase,
the property owner/developer shall implement the following measures:
a. Any plan affecting trees shall be reviewed by the Consulting Arborist to ensure that
improvement plans, utility and drainage plans, grading plans, landscape and irrigation
plans, and demolition plans will not adversely affect the tree to be retained.
b. The horizontal and vertical elevations of trees to be preserved within development areas
shall be established and included on all plans.
c. The Consulting Arborist shall identify a Tree Protection Zone for trees to be preserved
in which no soil disturbance is permitted. For design purposes, the Tree Protection Zone
shall be defined by the dripline. Where development must encroach within the dripline,
the Consulting Arborist shall identify an appropriate Tree Protection Zone.
d. No underground services including utilities, sub -drains, water or sewer shall be placed in
the Tree Protection Zone.
e. Tree Preservation Notes shall be included on all plans.
f Any herbicides placed under paving materials must be safe for use around trees and
labeled for that use.
g. Irrigation systems must be designed so that no trenching will occur within the Tree
Protection Zone.
14. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3b. During the pre -
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construction phase, the property owner/developer shall take the following measures:
a. A fence shall be constructed around all trees to be retained and it shall completely enclose
the Tree Protection Zone prior to demolition, grubbing, or grading. Fencing shall be 6-
foot chain link or equivalent. Fencing shall be placed at the dripline or as otherwise
directed by the Consulting Arborist. Fences are to remain until all grading and
construction is completed.
b. A 1 ] trees to be retained shall be pruned within and adjacent to development areas shall be
reviewed by a certified arborist to determine which trees should be pruned to clean the
crown, reduce end weight and/or provide clearance. Tree #201 will require pruning to
reduce weight throughout the crown. Clearance shall be provided by selectively thinning
low -hanging lateral branches.
c. All pruning shall be performed by a Certified Arborist or Tree Worker in accordance
with the Tree Pruning Guidelines of the International Society of Arboriculture.
d. Prior to the start of any demolition and clearing, the Consulting Arborist will meet with
the demolition, grading and other relevant contractors to review limits of construction
activity, identify areas requiring fencing, identify trees to be removed and review work
procedures.
15. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3C. Prior to the construction
phase of the project, the applicant shall take the following measures:
a. Any grading, construction demolition, or other work within the Tree Protection Zone
shall be monitored by the Consulting Arborist.
b. Any root pruning required for construction purposes shall receive the prior approval of,
and be supervised by, the Consulting Arborist.
c. If any injury to a tree should occur during construction, it should be evaluated as soon as
possible by the Consulting Arborist so that appropriate treatments can be made.
d. Root -injured trees have a limited capacity to absorb water. Therefore, it is important to
ensure adequate soil moisture in the area of active roots. One to several irrigations may
be needed for trees that are at risk of impacts. Irrigations shall be specified by the
Consulting Arborist.
e. No excess soil, chemical, debris, equipment or other materials shall be dumped or stored
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within the Tree Protection Zone.
f. Any additional pruning required to provide clearance during construction shall be
performed by a Certified Arborist and not construction personnel.
16. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3d. Following construction, a
comprehensive management plan for the trees shall be developed that considers the broad
objectives of development as well as the needs of the specific species. This management
plan shall specify pruning, fertilization, mulch, pest management, replanting and irrigation
requirements. In addition, provisions for monitoring both tree health and structural stability
following construction must be made a priority. As trees age, the likelihood of failure of
branches or entire trees increases. Therefore, the management plan must include an annual
inspection for hazard potential.
17. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-4. To minimize impacts on
nesting raptors, the applicant shall complete necessary pre -construction surveys and
monitoring. If it is not possible to schedule construction between August and February, then
pre -construction surveys for nesting raptors will be conducted by a qualified ornithologist in
order to ensure that no raptor nests will be disturbed during project construction. This survey
will be conducted no more than 15 days prior to the initiation of construction activities during
the early part of the breeding season (February through April) and no more than 30 days prior
to the initiation of these activities during the late part of the breeding season (May through
August). During this survey, the biologist will inspect all trees in and immediately adjacent
to the impact areas for raptor nests. If an active raptor nest is found close enough to the
construction area to be disturbed by these activities, the ornithologist, in consultation with
CDFG, will determine the extent of a construction -free buffer zone to be established around
the nest.
18. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-5a. To minimize impacts on
yellow warblers, the property owner/developer shall retain sycamore riparian habitat along
Shannon Creek and shall maintain setbacks of at least 50 feet between proposed development
and sycamore riparian habitat. If a small amount of development encroaches into this 50-
foot setback, then this encroachment (indirect impact) shall be mitigated by planting riparian
habitat at a 1:1 ratio.
Page 6 of 22
19. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-5b. The property
owner/developer shall implement the following measures to minimize potential impacts on
any roosting bats:
a. Surveys shall be conducted up to one year in advance of building demolition and tree
removal, if possible, to determine if active roosts are present. These surveys shall not
substitute for pre-construction/pre-disturbance surveys for nesting raptors, as bats could
move on or adjacent to the site between survey periods. If roosting bats are found during
these surveys, either avoidance of the maternity roost season, establishment of buffer
zones or exclusion of bats shall be implemented as appropriate.
b. Avoidance: Construction activities involving potential roost sites shall be conducted
outside the maternity roost season if the project commences after young are volant by
July 31 and finished before the formation of maternity roosts begins (as early as March
1).
c. Pre -demolition Surveys and Buffer Zones: If the project schedule does not allow for early
detection surveys to occur, a pre -demolition survey for roosting bats shall be conducted
by a qualified bat biologist 14 days prior to construction as determined by a
Memorandum of Understanding with the California Department of Fish & Game
(CDFG) prior to any removal of buildings, particularly those with closed areas such as
an attic space, or trees 12 inches in diameter. No activities that would result in
disturbance to active roosts shall proceed prior to the completed surveys. If no active
roosts are found, then no further action is warranted. If a maternity roost were present, a
qualified bat biologist shall determine the extent of construction -free zones around active
nurseries located during surveys. CDFG shall also be notified of any active nurseries
within the construction zone.
d. Surveys: Initial surveys can be conducted any time prior to the pre -demolition surveys to
establish if a particular location has supported, or supports, roosting bats. A survey for
indications of nursery roosts shall be conducted prior to March 1. If
e. indications of a maternity roost are present, the structure can be removed or modified
before a maternity roost becomes reestablished.
f. Exclude Bats Prior to Construction Near Roost: Bats can be excluded after July 31 and
Page 7 of 22
before March 1 to prevent the formation of maternity colonies. Such non -breeding bats
can be safely evicted, under the direction of a qualified bat biologist, by sealing crevices
and providing them one-way exclusion doors. Such a device should be employed in all
expansion joints during dark hours as a temporary device to prevent the formation of a
maternity colony. In order not to exclude all potential maternity roost habitat at once,
only one-half of the expansion joints should be sealed at any one given time during the
maternity colony -nesting season. This will allow bats to leave during dark hours, thus
increasing their chance of finding new roosts with a minimum of potential predation
during daylight. After construction, all exclusion devices shall be removed to allow bats
to re-establish habitat for colonies.
20. BIOLOGICAL RESOURCES MITIGATION MEASURE 6-6. The property
owner/developer shall implement the following protection measures to mitigate impacts to
the red -legged frog (see Addendum to the project EIR for additional details):
a. Avoidance to the extent possible.
b. Minimization. The project shall be designed, built and operated in the following ways
that will minimize both direct and indirect impacts to these species. Any construction
near or adjacent to the Shannon Creek drainage will be preceded by a pre -construction
survey. The existing culvert over the Shannon Creek drainage will not be widened and
will only be used as an EVA road. The primary egress and ingress for the project will be
off of Hicks Road. In addition, impacts relating to the construction of the outfalls for the
project are likely to be covered by the Programmatic Section 7 for the red -legged frog. If
formal consultation (via Section 7) for the red -legged frog is required, then the project
applicant shall implement all of the Minimization measures outlined in the Programmatic
Section 7 Biological Opinion.
c. Compensation by Wetland Creation. Any impacts from the project (i.e., outfalls) shall
be mitigated by creating habitat on -site at a minimum of 1:1 ratio. Compensation by
Riparian Restoration. A riparian restoration plan for mitigation shall be developed by a
qualified biologist. The mitigation area(s) should be designed to expand existing riparian
vegetation and re-create high quality riparian habitat along the Shannon Creek drainage
and northern drainage. The mitigation goal is to create and enhance riparian habitat with
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habitat functions and values equal to, or greater than those existing along the Shannon
Creek drainage and northern drainage. The final species selection and configuration shall
be determined during final mitigation design. The trees and shrubs to be installed should
be of local origin, preferably contract grown from seed or cuttings from within five miles
of the site.
d. A detailed monitoring plan including specific success criteria shall be developed and
submitted to The Town of Los Gatos for approval. The mitigation area will be monitored
in accordance with the plan approved by the Town. The basic components of the
monitoring plan are final success criteria, performance criteria, monitoring methods, data
analysis, as -built plans, monitoring schedule, contingency/remedial measures and
reporting requirements.
e. Specific success criteria and characteristics shall be developed during preparation of the
mitigation and monitoring plan. At a minimum, the final success criteria shall include
absolute percent cover by native trees and shrubs of 60% and 40%, respectively. The
performance criteria should include tree and shrub survival at three years of 80% of the
original planting. If the final encroachment estimates exceed 1.0 acre, monitoring of the
mitigation site shall be conducted for 10 years. Annual monitoring reports shall be sent
to the appropriate agencies. If the required mitigation planting is less than 1.0 acres,
monitoring shall be conducted annually for five years.
£ During the development of the riparian restoration plan, an appropriate area (or areas)
shall be identified to replace encroachment impacts at a 1:1 basis.
g. Maintain Water Quality of the Watershed. The project shall be designed, constructed and
built in such a way as to maintain the water quality in the adjacent drainage channels and
ponds. Appropriate best management practices (BMPs) shall be developed for the
project.
21. SOLAR WATER SYSTEM. Each residence shall be pre -plumbed for a solar water heater
system prior to issuance of a certificate of occupancy.
22. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building
permit, a deed restriction shall be recorded by the applicant with the Santa Clara County
Recorder's Office that requires all exterior paint colors to be maintained in conformance with
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the Town's Hillside Development Standards.
23. SUBDIVISION REQUIRED. A separate tentative map application submittal and approval
is required for the proposed project prior to the issuance of building permits.
24. 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.
25. FINAL CC&R's. Final CC&R's shall be approved by the Town Attorney prior to the
recording of the Final Map. The CC&R's shall include provisions for traffic circulation,
vehicle parking enforcement procedures, and landscaping, exterior lighting and fencing
restrictions. The approved CC&R's shall become conditions of this Ordinance.
Building Division
26. PERMITS REQUIRED. A building permit application shall be required for each proposed
structure. Separate Electrical/Mechanica"lumbing permit shall be required as necessary.
27. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover
sheet of the construction plan submitted for building permit.
28. SIZE OF PLANS. The maximum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
29. PLANS. The construction plans for this project shall be prepared under direct supervision
of a licensed architect or engineer (Business and Professionals Code Section 5538).
30. DEMOLITION REQUIREMENTS. Contact the Bay Area Air Quality Management District
at (495) 771-6000 and complete their process as necessary before obtaining a demolition
permit from the Town Building Department. No demolition work shall be done without first
obtaining a demolition permit from the Town.
31. SOILS REPORT. Two copies of a soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations, shall be
submitted with the building permit application. This report shall be prepared by a licensed
civil engineer specializing in soils mechanics.
32. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or
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land surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on -site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
c. Foundation corner locations
33. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed
with adaptability features for single-family residences per Town Resolution 1994- 61.
a. Wooden backing (no smaller than 2-inches by eight -inches) shall be provided in all
bathroom walls at water closets, showers and bathtub, located at 34-inches from the floor
to the center of the backing, suitable for installation of grab bars.
b. All passage doors shall have a 36-inch wide door including a five foot by five foot level
landing no more than one -inch out of plane with the immediate interior floor level, with
an 18-inch clearance at interior strike edge.
c. Door buzzer, bell or chime shall be hard wired.
34. SOLAR HOT WATER HEATING. The residences shall be pre -plumbed for solar hot water
heating. The plans shall show the location of a stub and valve located in the attics for solar
heating use.
35. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR
and MF-IR shall be printed on the construction plans.
36. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly.
37. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase II approved
appliances per Town Ordinance 1905. Tree limbs within 10 feet of chimneys shall be cut.
SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of any building permits, in accordance
with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
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Division Service Counter. The Town Special Inspection schedule shall be printed on the
construction plans.
38. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Non -point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet is available at the Building Division service counter.
39. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following
agencies approval before issuance of a building permit:
a. West Valley Sanitation District 378-2407
b. Santa Clara County Fire Department: 378-4010
c. Lots 1-13: Los Gatos School District: 335-2000
d. Lot 14: Union School District: 377-8010
Note: Obtain the school district forms from the Town Building Department, after the Building
Department has approved the building plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
40. GRADING. Grading shall be kept to a minimum to construct the roads within the project.
Any future grading will be considered at the time of Architecture & Site review(s).
41. GRADING PERMIT. A grading permit is required for all on -site grading, erosion control
and improvements (roadway, storm drainage, utilities, lighting, etc.). A separate application
for a grading permit (with grading plans) shall be made to the Engineering Division of the
Parks & Public Works Department. The grading plans shall include final grading, drainage,
retaining wall location, driveway, utilities and interim erosion control. Unless specifically
allowed by the Director of Parks & Public Works, the grading permit will be issued
concurrently with the building permit.
42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design, and erosion
control. The report shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6735 of the California Business and Professions Code.
43. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitted
Page 1 ' of 22
to the Engineering Division of the Parks & Public Works Department for review and
approval. The submittal shall include closure calculations, title report and appropriate fees.
The map shall be recorded prior to issuance of any building permits for the project.
44. DEDICATIONS. The following shall be dedicated prior to issuance of any permits:
a. Hicks Road. A 40-foot half street right-of-way with the chord of a 20-foot radius at the
intersection with the new street.
b. Shannon Road. A 20-foot half street right-of-way.
c. New interior streets. A 40-foot street right-of-way with the chord of a 20-foot radius at
all intersections and a standard 42-foot radius cul-de-sac.
d. Public Service Easement (PSE). Ten (10) feet wide, next to the new street right-of-ways.
e. Ingress -egress, storm drainage and sanitary sewer easements, as required.
£ Trail Easement. Ten (10) to twenty (20) feet wide, as shown on the Official Development
Plan.
g. Emergency Access Easement. Twenty (20) feet wide, from the new public road to
Shannon Road, as shown on the Official Development Plans.
45. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued.
a. New Streets. Curb, gutter, new street paving, signing, striping, storm drainage and
sanitary sewers, as required. Curbs shall be rolled concrete to the satisfaction of the
Director of Parks and Public Works.
46. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before recordation
of the map.
47. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town
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Council resolution in effect at the time the request of Certificate of Occupancy is made. The
fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact
mitigation fee for each new house in this project using the current fee schedule is $5,730.
The final fee shall be calculated from the final plans using the rate schedule in effect at the
time of the request for a Certificate of Occupancy. Credit shall be given for the house on Lot
14, where a house was previous located, and for the three residences to be demolished.
48. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications or as otherwise approved by the
Director of Parks and Public Works. All work shall conform to the applicable Town
ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and
debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities.
The storing of goods and materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued. The developer's representative in charge shall be at the job
site during all working hours. Failure to maintain the public right-of-way according to this
condition may result in the Town performing the required maintenance at the developer's
expense.
49. 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.
50. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to
on -site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure
to do so will result in rejection of work that went on without inspection.
51. GRADING MORATORIUM. No grading or earth -disturbing activities shall be initiated in
hillside areas between October 1 and April 15 of each year. For grading operations
commenced before October 1, all grading or earth -disturbing activities shall cease October
15 and will not be allowed to restart until April 15. Grading permits will not be issued
between September 15 and April 15. These limitations include, but are not limited to these
items: driveways, building pads, foundation trenches and drilled piers, retaining walls,
swimming pools, tennis courts, outbuildings and utility trenches. Install interim erosion
control measures, shown on the approved interim erosion control plan, by October 1, if final
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landscaping is not in place. Maintain the interim erosion control measures throughout the
October 1 to April 15 period.
52. GRADING INSPECTIONS. The soils engineer or her/his qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading
report before occupancy/Certificate of Completion.
53. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall --top of wall elevations and locations.
b. Toe and top of cut and fill slopes.
c. Top of future curb along one side of the new street.
54. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Development Division of the Parks & Public Works
Department. A Notice of Intent (NOI) shall be submitted to the San Francisco Bay Regional
Water Quality Control Board. A Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the Town Engineering Division concurrently with the grading permit
application. Grading activities shall be limited to the period of least rainfall (April 15 to
October 1). A maximum of two weeks is allowed between clearing of an area/building on
an area if grading is allowed during the rainy season. In addition, straw bales and plastic
sheeting shall be stored on -site for emergency control, if needed. Install fiber berms, check
dams, retention basins, silt fences, erosion control blankets and fiber rolls as needed on the
project site, to protect down stream water quality during winter months.
55. 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 or creeks.
56. NPDES REQUIREMENTS. All work within the project shall be in conformance with the
National Pollution Discharge Elimination System permit issued to local agencies within
Santa Clara County by the San Francisco Bay Regional Water Quality Control Board on
October 17, 2001.
Page 15 of 22
57. FISH & GAME REQUIREMENTS. A "1603" permit shall be obtained for the California
Department of Fish & Game for proposed improvements in or near riparian areas within that
agency's jurisdiction. A copy of the permit shall be provided to the Parks & Public Works
Department before any permits are issued/final map is recorded.
58. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). Cable television capability shall be provided to all new lots.
59. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings,
etc. shall be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
60. DRIVEWAY APPROACH. The developer shall install a minimum of one (1) Town
standard residential driveway approach for each lot. The new driveway approaches shall be
constructed per Town Standard Detail.
61. LOT 14 DRIVEWAY. The driveway to Lot 14 shall be the minimum width required to
provide fire access. The intent is to minimize the visibility of the driveway.
62. AS -BUILT PLANS. After completion of the construction of all work in the public right-of-
way or public easements, the original plans shall have all changes (change orders and field
changes) clearly marked. The "as -built" plans shall again be signed and "wet -stamped" by
the civil engineer who prepared the plans, attesting to the changes. The original "as -built"
plans shall be review and approved the Engineering Construction Inspector. A Mylar of the
approved "as -built" plans shall be provided to the Town before the Faithful Performance
Security is released.
63. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
I'age 16 of 22
Install a sanitary sewer lateral clean -out at the property line of each new lot.
64. 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 Detail.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction Eihase of the project.
65. 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 Detail. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
66. CURB RAMPS. The developer shall construct curb ramp according to State Standard
Drawings at all intersections. The actual "Case" as shown on the standard to be used will be
decided by the Engineering Construction Inspector during the construction phase of the
project.
67. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7-3. Energy
dissipaters should be provided at the outfalls of proposed storm drains to minimize the
increased potential for erosion hazards due to project development.
68. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7-4. A Storm Water
Pollution Prevention Plan (SWPPP) shall be prepared prior to start of construction. The
SWPPP and project plans shall be reviewed by the Town Engineering staff. The SWPPP
shall be in conformance with the Santa Clara County NPDES Permit as amended by the San
Francisco Bay Regional Water Quality Control Board (RWQCB) on October 17, 2001. The
SWPPP shall be approved concurrently with the grading, drainage and erosion control plans.
Reference the Addendum to the EIR for additional details.
69. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE The project design
shall incorporate water quality mitigation measures in accordance with current NPDES
requirements. Water quality measures should include use of biofilters, drainage swales, and
detention facilities to mitigate non -point source impacts. In addition, the SCVWD and
RWQCB recommend the incorporation of site planning design measures to help reduce
Page 17 of 22
potential contributions of urban pollutants from the project. See the Addendum to the EIR
for additional details.
70. TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8-2. In order to
minimize potential traffic safety impacts the property owner/developer shall take the
following measures:
a. Adequate sight distance shall be provided for the project access road/Hicks Road
intersection through removal of vegetation and grading of the embankment.
b. A stop sign shall be installed to control traffic on the project access road to Hicks Road.
The stop sign for the proposed driveway shall be located along and parallel to the north
edge of pavement on Hicks Road.
c. Warning signs shall be installed indicating a "T" intersection along Hicks Road
approaching the new driveway. These signs shall be located approximately 300 feet east
and west of the project entrance/Hicks Road intersection.
d. Traffic reflectors shall be installed on the south side of Hicks Road at the intersection
with the entrance road to the project.
71. TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8-3. A separate
pedestrian trail shall be installed along the north side of Hicks Road.
72. TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8-4. Use of trails by
bicyclists, particularly the trail parallel to Hicks Road, shall be considered during
Architecture and Site review. In addition, design issues such as the appropriateness of trail
widths, pavement versus compacted earth, and trailhead facilities shall be considered during
Architecture and Site Review.
73. GEOTECHNICAL REVIEW OF SUBDIVISION IMPROVEMENT PLANS. The project
geotechnical consultant shall review and approve all geotechnical aspects of the subdivision
improvement plans to ensure that their recommendations have been properly incorporated.
The results of the plan review shall be summarized by the geotechnical consultant in a letter
and submitted to the Town Engineer for review, prior to issuance of permits for construction
of subdivision level improvements.
74. GEOTECHNICAL PLAN REVIEW (LOTS 1 THROUGH 13). The project geotechnical
consultant shall review and approve all geotechnical aspects of the project building and
Page 18 of 22
grading plans for individual residences on Lots 1 through 13. To ensure that their
recommendations have been properly incorporated. The consultant shall verify that
recommended measures to address potential debris flows on Lot 6, and potential co -seismic
ground deformation on Lots 1 and 13 have been incorporated.
75. GEOTECHNICAL INVESTIGATION (LOT 14). The project geotechnical consultant shall
complete a site specific soil and foundation investigation as a basis for preparing
recommended geotechnical design parameters for Lot 14 residential improvements. The
results of this investigation shall be submitted to the Town for review by the Town Engineer
and Town Geotechnical Consultant prior to approval of a site specific development plan.
76. GEOTECHNICAL FIELD INVESTIGATION. The project geotechnical consultant shall
inspect, test (as needed), and approve all geotechnical aspects of the project construction.
The results of these inspections and the as -built conditions of the project shall be described
by the project geotechnical consultant in a letter and submitted to the Town Engineer for
review prior to final inspection.
For further detail on conditions 71 through 74, see the letter from Cotton, Shires &
Associates dated February 12, 2002.
Parks Division
77. AERATION TUBES. All impervious surface encroaching under the dripline of existing
trees shall have aeration tubes installed and these tube locations shown on the plans.
78. IRRIGATION. All newly planted landscaping shall be irrigated by an in -ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native
trees and vegetation.
79. BUILDING FOUNDATIONS: Any buildings under the dripline of existing trees shall have
a foundation built from pier and grade beam to minimize impaction on existing trees.
80. TREE STAKING: All newly planted trees are required to be double staked to Town
standards.
81. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of
approval of this plan and must remain on site.
82. IRRIGATION SYSTEM. Water efficient irrigation systems shall be utilized to conserve
Page 19 of 22
water in all project irrigation of publicly landscaped areas.
83. VEGETATIVE SCREENING. Vegetative screening shall be used along the development
edges, where appropriate, to soften views of peripheral buildings and to integrate landscaping
and native vegetation.
84. WATER EFFICIENT ORDINANCE. This project is subject to the Town's Water Efficient
Ordinance. A fee of $472 is required when the landscape, irrigation plans, and water
calculations are submitted for review.
85. TREE PROTECTION. Tree protection fencing shall be placed at the dripline of existing
trees to be saved in the area of construction. Fencing shall be four feet high chain link
attached to steel poles driven two feet into the ground when at the dripline of the tree. If the
fence has to be within eight feet of the trunk of the tree a fence base may be used, as in a
typical chain link fence that is rented. The fencing must be inspected and approved by the
Parks Superintendent and must be installed prior to issuance of a grading and/or building
permit.
86. ORNAMENTAL LANDSCAPING. All formal landscaping shall be within 30 feet of the
perimeter of the houses. Any planting beyond the 30-foot perimeter shall be native
vegetation that is drought and fire resistant, and planted in natural clusters.
87. LANDSCAPE GUIDELINES. The adopted landscape guidelines and native plant lists shall
include the recommendations of the Town consulting arborist, except that lawn areas shall
not exceed 5,000 square feet. The landscape guidelines are attached as Exhibit C.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
88. WATER SUPPLY. Two water tanks with a capacity of 10,000 Gallons and one wharf style
hydrant shall be provided unless the proposed public water system can be extended to provide
appropriate lot protection, or other acceptable means of fire protection can provided as
authorized by the Fire Department. Installations shall conform with Fire Department
Standard Details and Specifications W-1.
89. FIRE APPARATUS (ENGINE) ACCESS. Provide access roadways with a paved all
weather surface and 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
Page 20 of 22
maximum slope of 15%. Installations shall conform with Fire Department Standard Details
and Specifications A-1.
90. FIRE APPARATUS (ENGINE) TURN -AROUND 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 Specifications
A-1. Cul-De-Sac Diameters shall be no less than 64 feet.
91. FIRE APPARATUS (HYDRANT). Where buildings exceed 150 feet travel distance from
the street either an on -site (private) hydrant or an approved residential fire sprinkler system
shall be provided.
92. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to
be determined jointly by the Fire Department and the San Jose Water Company. Maximum
hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,750 GPM at 20
psi, residual. Consult with San Jose Water Company relative to main sizing requirements
and hydrant spacing. Prior to applying for building permit, provide civil drawings reflecting
all fire hydrants proximal to the site. To prevent building permit delays, the developer shall
pay all required fees to the water company as soon as possible.
93. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire service(s) and fire hydrants(s) shall be tested and accepted by the Fire Department, prior
to the start of framing or delivery of bulk combustible materials. Building permit issuance
may be delayed until required installations are completed, tested, and accepted.
94. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required driveways and/or
access roads up through first lift of asphalt shall be inspected and accepted by the Fire
Department prior to the start of construction. Bulk combustible materials shall not be
delivered to the site until installations are completed as stated above. Building permit
issuance may be delayed until installations are completed.
95. FIRE APPARATUS (HYDRANT). Prior to project inspection, the general contractor shall
ensure that a "Blue" dot has been placed in the roadway as directed by the Fire Department.
96. HOUSE NUMBERS. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
Page 21 of 22
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on March 7, 2023 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, 2023, and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Mary Badame, Matthew Hudes, Rob Rennie, 1Zob Moore, Mayor Maria Ristow
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CLERK:_ r' THETJOIWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 2 2of 22
HR 1-
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Prezone
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Prezone
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Prezone Prezone
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17101 l.cks Rd & 14045 Shannon Rd.
TOMN OFLOS
Application No. DEV-99-02 . A.P.N. #567-24-008, 567-23-041, 537-18-001
Change of zoning map amending the Town Zoning Ordinance.
❑x Zone Change
From: RC, HR 5 Prezone TO: HR-5:PD
0 PreZOnin
Recommended by Pianniog Commission I I Date: 1/23/02
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