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Item 28 Staff Report Adopt an Ordinance Amending Ordinance No. 1779 Relating to Traffic Impact Fees Affecting Zone Change No. 81 from O, R-1:8000 & RM: 5-20 to R-1:8000-PDDATE: TO: FROM: SUBJECT: COUNCIL AGENDA DATE: 9/3/91 ITEM NO. c)) 8,- TOWN OF LOS GATOS COUNCIL AGENDA REPORT AUGUST 22, 1991 MAYOR AND TOWN COUNCIL KATHERINE ANDERTON, TOWN ATTORNEY ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 1779 RELATING TO TRAFFIC IMPACT FEES AFFECTING ZONE CHANGE NO. 81 FROM 0, R-1:8000 & RM:5-20 TO R-1:8000-PD RECOMMENDATION: Adopt the attached ordinance which was introduced at the Town Council meeting of August 19, 1991. PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY KA: LM B: yfg DISK003\A:\vasona.tcr Attachments: Ordinance Distribution: Vasona Heights, A California General Partnership Reviewed by: Doe Manager Clerk Finance 5 /91 8:18 am File # Treasurer COUNCIL ACTION/ACTION DIRECTED TO: ORDINANCE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1779 RELATING TO TRAFFIC IMPACT FEES AFFECTING ZONE CHANGE NO. 81 FROM 0, R-1:8000 & RM:5-20 TO R-1:8000-PD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I The Performance Standards of Ordinance No. 1779 are hereby amended to reflect the current traffic policy. The following Performance Standards are part of the Official Development Plan of Ordinance No. 1779 and must be complied with before issuance of any grading or construction permits: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The Roberts Road Bridge, Nino house, and the on -site rock wall shall be preserved. Any exterior changes of the Nino house shall require Architecture and Site Approval. All changes to the Nino house reviewed by the Historic Preservation Committee. 2. During the Architecture and Site Approval stage, the applicant shall provide details of the new bus stop location, including a bus shelter. Applicant shall obtain permission from Santa Clara County Transit for this relocation. 3. Applicant shall provide in the construction contract that the general contractor shall use quieting equipment control and procedures to reduce noise levels. 4. Construction shall be limited 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. 5. Applicant shall obtain tree removal permits prior to issuance of any Building Permit. 6. Within the limits of the building envelopes provided, the Planning Commission shall have full discretion to modify the conceptual buildings proposed. These modifications may include change of materials, and smaller dwelling units. 7. Structures submitted for precise plan approval shall be designed to maximize passive solar heating and cooling provisions, and a detailed analysis and summary of these provisions shall be provided. 8. Applicant shall provide verification that San Jose Water Works has sold Assessor Parcel Number 529-13-008 to the applicant and all their conditions of the sale have been met. 9. The entrance sign reading Vasona Hills shall be deleted. 10. Use of outer court gates to be reconsidered; review the built project without the gates, and, if they seem reasonable, install at that time. 11. Height of soundwall shall be reduced from twelve feet to eight feet. During the Architecture and Site Approval stage, noise mitigation measures shall be incorporated into the design of the residences along Highway 17. 12. If any indication of archeological remains are encountered during construction activities, all such activities should cease immediately until a qualified archeologist can ascertain the nature of the discovery and recommend mitigation, if necessary. 13. All historic artifacts unearthed during construction activities shall be turned over to the Los Gatos Museum. 14. Of the five BMP units required, one of these must include the rehabilitated Nino residence. TO THE SATISFACTION OF THE TOWN ENGINEER: 15. Final grading, drainage, masonry retaining wall, driveway, utility, interim and final erosion control plans shall be provided. 16. No grading or earth -disturbing activities shall be initiated between October 1 and April 15. For grading operations commenced prior to October 1, all grading or earth -disturbing activities shall cease October 15 and will not be allowed to restart until April 15. These limitations apply to the following: driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility trenches. If final landscaping is not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan will be require to be instituted by October 1 and maintained throughout the October 1 to April 15 period. 17. A soils and geologic report shall be prepared which provides specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. A registered civil engineer, specializing in soil mechanics, C10\ORDS\Z-86-6B 2 should be included in the group that prepares this report. 18. A Grading Permit will be required for any earth disturbing activities, as defined by Chapter 36 of the Municipal Code. 19. All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections should be coordinated with regular Town inspections. The soils engineer shall prepare a final grading report. 20. The existing well on site shall be abandoned and capped in accordance with the requirements of the water district. 21. The following shall be dedicated: a. Blossom Hill Road. A 65-foot half -street right-of-way. b. Roberts Road. A 65-foot half -street right-of-way. c. Interior street system. 46-foot wide street right-of-way (lower right-of-way radius cul-de-sac bulb. d. Storm drainage, sanitary sewer, slope, public service and open space easements, as required. e. Private ingress -egress easements within shared driveway areas. 22. Retaining wall uphill of residence on Lot 26 shall be designed and/or relocated at the Architecture and Site Approval stage. 23. The following shall be dedicated to the Town in fee title for public open space areas: a. All of Assessor's Parcel Number 529-13-002 (located west of Roberts Road and adjacent to Los Gatos Creek). b. Those portions of Assessor's Parcel Numbers 529-13-003 and 529-13-015 within the 100-year flood hazard area (adjacent to Los Gatos Creek). c. Applicant shall dedicate right-of-way adjacent to the creek in fee to the Town who will grant an appropriate easement to the Santa Clara Valley Water District for flood control maintenance purposes. 24. A Traffic Impact Mitigation Fee shall be paid as established by Town Council resolution at the time of payment for each new house, prior to the issuance of a Certificate of Use and Occupancy. cio\oRDs\z-86-6B 3 25. The Vasona Park entrance shall be relocated to line up with the existing Roberts Road and Blossom Hill Road (west) intersection. No permits of any kind for work to proceed shall be issued by the Town until the entrance relocation is guaranteed. 26. The following improvements shall be guaranteed by contract, Faithful Performance Security, Labor & Materialman's Security, insurance, and completed prior to the occupancy of any new building. a. Roberts Road. 36-foot curb -to -curb roadway, curb, gutter, sidewalk (east side only), handicapped ramps, channelization improvements, street lighting and signing, storm and sanitary sewer improvements, as required. b. Blossom Hill Road. Curb, gutter, sidewalk, bus "duck out", handicapped ramp, tie-in paving, signing, striping and street lighting. c. The intersection of Blossom Hill Road and Roberts Road/Vasona Park entrance shall be signalized. Associated improvements shall include interconnection with the existing traffic signals at Blossom Hill Road and University Avenue, and channelization improvements consisting of curb returns, sidewalks, pavement installation, signing, striping, and other pavement markings, traffic islands, street lighting and storm drain improvements. The cost shall be borne by the applicant. d. Interior street system. 46-foot wide right-of-way (32-foot wide roadway with parking on one side only), 40-foot wide right-of-way (24-foot wide roadway on upper level with no parking on either side), curb, gutter, sidewalk, handicapped ramps, signing, striping, street lights, monumentation, storm drainage system, sanitary sewer, water system, including fire hydrants and other underground utilities, including cable televised as required. e. An eight (8) foot wide asphalt concrete path shall be constructed within dedicated open space adjacent to Los Gatos Creek, to conform with the existing bicycle path south of Blossom Hill Road. C1O\ORDS\z-86-6B 4 27. All lots shall be surveyed and monumented (set pipes) prior to construction. 28. Horizontal and vertical controls shall be set by a licensed surveyor or a registered civil engineer for the following items: a. Pad location b. Finish floor elevation c. Foundation corner location d. Retaining wall, top -of -wall elevation, and location e. Toe and top of cut and fill slopes 29. All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. 30. A two-year Tree & Landscape Maintenance Agreement shall be entered into for existing and newly planted trees. 31. Relocate pipe easement to the satisfaction of the San Jose Water Works. Easement shall be located along the proposed side property line. 32. Any work in the public right-of-way will require an Encroachment Permit. 33. Active cable television service shall be provided for each lot. 34. The off -hauling of the excess excavated material shall be limited to the period between 9:00 a.m. - 3:00 p.m., Monday through Friday. 35. A 1603 permit shall be applied for from the Department of Fish and Game for proposed improvements in or near riparian areas within their jurisdiction. 36. Approval of vacating Town property for project shall be obtained prior to receiving Architecture and Site Approval. 37. Emergency access road shall be maintained by the homeowners' association. 38. Provide permanent access to the creek from Roberts Road upstream of the bridge. 39. Prior to construction of the bicycle path the erosion problem on the north bank of the creek at the eastern edge of the property in the vicinity of the sanitary sewer shall be repaired. 40. The applicant shall work with the Town to study ways that the through traffic on Roberts Road might be prevented. Measures shall include one of the following: C10\ORDS\Z-86-6B 5 a. Applicant shall redesign road system so that there will be no left turns onto Roberts Road from project, or b. if the Town Council agrees to close Roberts Road prior to the approval of the tentative map for the project, the applicant shall pay fifty percent (50%) of the cost for closing Roberts Road. The cost to the applicant shall not exceed $60,000. The applicant must dedicate sufficient right-of-way to accommodate a 42 ft. radius cul-de-sac bulb at the east side of the Roberts Road bridge. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 41. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by and under the supervision of the Director of Parks, Forestry and Maintenance Services. 42. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during construction. 43. Any trenching proposed within the dripline of existing trees shall be hand dug. 44. Applicant shall include in the CC&R's a section requiring that all non-native plants or ground cover be planted, nor any impervious surfaces (i.e. patios) be constructed under the dripline of existing trees. Native plants must be a minimum of 12 ft. from the tree trunk and irrigation shall not spray within the dripline of existing trees. 45. Any building constructed under the dripline of existing trees will be required to have a pier and beam foundation. 46. Any impervious area encroaching under the dripline of existing trees shall be interlocking pavers. C10\ORDS\Z-86-6B 6 47. Newly planted trees shall be double -staked, using rubber tree ties. 48. The soundwall shall be a minimum of eight feet from the trunk of existing trees and shall be constructed using pier and beam, unless otherwise specified by the Parks Superintendent. 49. Applicant shall work with CalTrans, to plant drought tolerant trees on State property to screen soundwall from Highway 17. 50. Applicant shall provide additional landscaping as needed in the creek area. TO THE SATISFACTION OF THE TOWN MANAGER AND THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 51. The proposed common area between the back of the residences along Blossom Hill Road shall be dedicated in fee to the Town in conjunction with the formation of a landscape maintenance district or any other method to ensure the maintenance of the proposed landscaping in the common area along Blossom Hill Road. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES: 52. All units must meet the handicap accessibility requirements as adopted by the Town Resolution 1987-143. TO THE SATISFACTION OF THE TOWN ATTORNEY: 53. CC&R's shall meet all Town requirements. TO THE SATISFACTION OF THE COUNTY OF SANTA CLARA PARKS AND RECREATION DEPARTMENT: 54. Design and construction of all road and traffic improvements on Blossom Hill Road. These improvements include, but are not limited to, a right and left turn lane into the park, traffic signal, road widening as necessary, sidewalk relocation and bike lane relocation. 55. Redesign and refurbishment, as necessary of the park entrance wall and entry signage, as per original design. 56. Relocation of all affected park utilities including, but not limited to: water meter and main, irrigation backflow preventer, sprinkler system, electrical and telephone. C10\ORDS\Z-86-6B 7 57. Demolition of existing park entrance road that will not be used in the redesigned entry. 58. Construction of the new park entrance road (park standard width 22 ft. - 0 in.) connecting Blossom Hill Road with the existing park road system. 59. Implementation of landscaping and irrigation of new park entrance and entrance station areas. TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT: 60. Four (4) new fire hydrants are required for this development. 61. The required fire hydrant installations shall be tested and accepted by the Central Fire District prior to the issuance of any Building Permit. 62. Access roads shall be installed with all-weather surfaces capable of supporting the imposed load of fire apparatus, 35,000 pounds prior to the issuance of any Building Permit. TO THE SATISFACTION OF THE POLICE DEPARTMENT: 63. The emergency access road must be adequately lighted for pedestrian traffic. C10\ORDS\Z-86-6B 8 SECTION II This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1991, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on , 1991. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA A'1"PEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C10\ORDS\Z-86-6B 9 ORDINANCE 1865 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1779 RELATING TO TRAFFIC IMPACT FEES AFFECTING ZONE CHANGE NO. 81 FROM 0, R-1:8000 & RM:5-20 TO R-1:8000-PD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I The Performance Standards of Ordinance No. 1779 are hereby amended to reflect the current traffic policy. The following Performance Standards are part of the Official Development Plan of Ordinance No. 1779 and must be complied with before issuance of any grading or construction permits: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The Roberts Road Bridge, Nino house, and the on -site rock wall shall be preserved. Any exterior changes of the Nino house shall require Architecture and Site Approval. All changes to the Nino house reviewed by the Historic Preservation Committee. 2. During the Architecture and Site Approval stage, the applicant shall provide details of the new bus stop location, including a bus shelter. Applicant shall obtain permission from Santa Clara County Transit for this relocation. 3. Applicant shall provide in the construction contract that the general contractor shall use quieting equipment control and procedures to reduce noise levels. 4. Construction shall be limited 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. 5. Applicant shall obtain tree removal permits prior to issuance of any Building Permit. 6. Within the limits of the building envelopes provided, the Planning Commission shall have full discretion to modify the conceptual buildings proposed. These modifications may include change of materials, and smaller dwelling units. 7. Structures submitted for precise plan approval shall be designed to maximize passive solar heating and cooling provisions, and a detailed analysis and summary of these provisions shall be provided. 8. Applicant shall provide verification that San Jose Water Works has sold Assessor Parcel Number 529-13-008 to the applicant and all their conditions of the sale have been met. 9. The entrance sign reading Vasona Hills shall be deleted. 10. Use of outer court gates to be reconsidered; review the built project without the gates, and, if they seem reasonable, install at that time. 11. Height of soundwall shall be reduced from twelve feet to eight feet. During the Architecture and Site Approval stage, noise mitigation measures shall be incorporated into the design of the residences along Highway 17. 12. If any indication of archeological remains are encountered during construction activities, all such activities should cease immediately until a qualified archeologist can ascertain the nature of the discovery and recommend mitigation, if necessary. 13. All historic artifacts unearthed during construction activities shall be turned over to the Los Gatos Museum. 14. Of the five BMP units required, one of these must include the rehabilitated Nino residence. TO THE SATISFACTION OF THE TOWN ENGINEER: 15. Final grading, drainage, masonry retaining wall, driveway, utility, interim and final erosion control plans shall be provided. 16. No grading or earth -disturbing activities shall be initiated between October 1 and April 15. For grading operations commenced prior to October 1, all grading or earth -disturbing activities shall cease October 15 and will not be allowed to restart until April 15. These limitations apply to the following: driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility trenches. If final landscaping is not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan will be require to be instituted by October 1 and maintained throughout the October 1 to April 15 period. 17. A soils and geologic report shall be prepared which provides specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. A registered civil engineer, specializing in soil mechanics, should be included in the group that prepares this report. 18. A Grading Permit will be required for any earth disturbing activities, as defined by Chapter 36 of the Municipal Code. 19. All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections should be coordinated with regular Town inspections. The soils engineer shall prepare a final grading report. 20. The existing well on site shall be abandoned and capped in accordance with the requirements of the water district. 21. The following shall be dedicated: a. Blossom Hill Road. A 65-foot half -street right-of-way. b. Roberts Road. A 65-foot half -street right- of-way. c. Interior street system. 46-foot wide street right-of-way (lower right-of-way radius cul-de-sac bulb. d. Storm drainage, sanitary sewer, slope, public service and open space easements, as required. e. Private ingress -egress easements within shared driveway areas. 22. Retaining wall uphill of residence on Lot 26 shall be designed and/or relocated at the Architecture and Site Approval stage. 23. The following shall be dedicated to the Town in fee title for public open space areas: a. All of Assessor's Parcel Number 529- 13-002 (located west of Roberts Road and adjacent to Los Gatos Creek). b. Those portions of Assessor's Parcel Numbers 529-13-003 and 529-13-015 within the 100-year flood hazard area (adjacent to Los Gatos Creek). c. Applicant shall dedicate right-of-way adjacent to the creek in fee to the Town who will grant an appropriate easement to the Santa Clara Valley Water District for flood control maintenance purposes. 24. A Traffic Impact Mitigation Fee shall be paid as established by Town Council resolution at the time of payment for each new house, prior to the issuance of a Certificate of Use and Occupancy. 25. The Vasona Park entrance shall be relocated to line up with the existing Roberts Road and Blossom Hill Road (west) intersection. No permits of any kind for work to proceed shall be issued by the Town until the entrance relocation is guaranteed. 26. The following improvements shall be guaranteed by contract, Faithful Performance Security, Labor & Materialman's Security, insurance, and completed prior to the occupancy of any new building. a. Roberts Road. 36-foot curb -to -curb roadway, curb, gutter, sidewalk (east side only), handicapped ramps, channelization improvements, street lighting and signing, storm and sanitary sewer improvements, as required. b. Blossom Hill Road. Curb, gutter, sidewalk, bus "duck out", handicapped ramp, tie-in paving, signing, striping and street lighting. c. The intersection of Blossom Hill Road and Roberts Road/Vasona Park entrance shall be signalized. Associated improvements shall include interconnection with the existing traffic signals at Blossom Hill Road and University Avenue, and channelization improvements consisting of curb returns, sidewalks, pavement installation, signing, striping, and other pavement markings, traffic islands, street lighting and storm drain improvements. The cost shall be borne by the applicant. d. Interior street system. 46-foot wide right-of-way (32-foot wide roadway with parking on one side only), 40-foot wide right-of-way (24-foot wide roadway on upper level with no parking on either side), curb, gutter, sidewalk, handicapped ramps, signing, striping, street lights, monumentation, storm drainage system, sanitary sewer, water system, including fire hydrants and other underground utilities, including cable televised as required. e. An eight (8) foot wide asphalt concrete path shall be constructed within dedicated open space adjacent to Los Gatos Creek, to conform with the existing bicycle path south of Blossom Hill Road. 27. All lots shall be surveyed and monumented (set pipes) prior to construction. 28. Horizontal and vertical controls shall be set by a licensed surveyor or a registered civil engineer for the following items: a. Pad location b. Finish floor elevation c. Foundation corner location d. Retaining wall, top -of -wall elevation, and location e. Toe and top of cut and fill slopes 29. All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. 30. A two-year Tree & Landscape Maintenance Agreement shall be entered into for existing and newly planted trees. 31. Relocate pipe easement to the satisfaction of the San Jose Water Works. Easement shall be located along the proposed side property line. 32. Any work in the public right-of-way will require an Encroachment Permit. 33. Active cable television service shall be provided for each lot. 34. The off -hauling of the excess excavated material shall be limited to the period between 9:00 a.m. - 3:00 p.m., Monday through Friday. 35. A 1603 permit shall be applied for from the Department of Fish and Game for proposed improvements in or near riparian areas within their jurisdiction. 36. Approval of vacating Town property for project shall be obtained prior to receiving Architecture and Site Approval. 37. Emergency access road shall be maintained by the homeowners' association. 38. Provide permanent access to the creek from Roberts Road upstream of the bridge. 39. Prior to construction of the bicycle path the erosion problem on the north bank of the creek at the eastern edge of the property in the vicinity of the sanitary sewer shall be repaired. 40. The applicant shall work with the Town to study ways that the through traffic on Roberts Road might be prevented. Measures shall include one of the following: a. Applicant shall redesign road system so that there will be no left turns onto Roberts Road from project, or b. if the Town Council agrees to close Roberts Road prior to the approval of the tentative map for the project, the applicant shall pay fifty percent (50%) of the cost for closing Roberts Road. The cost to the applicant shall not exceed $60,000. The applicant must dedicate sufficient right-of-way to accommodate a 42 ft. radius cul-de-sac bulb at the east side of the Roberts Road bridge. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 41. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by and under the supervision of the Director of Parks, Forestry and Maintenance Services. 42. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during construction. 43. Any trenching proposed within the dripline of existing trees shall be hand dug. 44. Applicant shall include in the CC&R's a section requiring that all non-native plants or ground cover be planted, nor any impervious surfaces (Le. patios) be constructed under the dripline of existing trees. Native plants must be a minimum of 12 ft. from the tree trunk and irrigation shall not spray within the dripline of existing trees. 45. Any building constructed under the dripline of existing trees will be required to have a pier and beam foundation. 46. Any impervious area encroaching under the dripline of existing trees shall be interlocking pavers. 47. Newly planted trees shall be double -staked, using rubber tree ties. 48. The soundwall shall be a minimum of eight feet from the trunk of existing trees and shall be constructed using pier and beam, unless otherwise specified by the Parks Superintendent. 49. Applicant shall work with CalTrans, to plant drought tolerant trees on State property to screen soundwall from Highway 17. 50_ Applicant shall provide additional landscaping as needed in the creek area. TO THE SATISFACTION OF THE TOWN MANAGER AND THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 51. The proposed common area between the back of the residences along Blossom Hill Road shall be dedicated in fee to the Town in conjunction with the formation of a landscape maintenance district or any other method to ensure the maintenance of the proposed landscaping in the common area along Blossom Hill Road. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES: 52. All units must meet the handicap accessibility requirements as adopted by the Town Resolution 1987-143. TO THE SATISFACTION OF THE TOWN ATTORNEY: 53. CC&R's shall meet all Town requirements. TO THE SATISFACTION OF THE COUNTY OF SANTA CLARA PARKS AND RECREATION DEPARTMENT: 54. Design and construction of all road and traffic improvements on Blossom Hill Road. These improvements include, but are not limited to, a right and left turn lane into the park, traffic signal, road widening as necessary, sidewalk relocation and bike lane relocation. 55. Redesign and refurbishment, as necessary of the park entrance wall and entry signage, as per original design. 56. Relocation of all affected park utilities including, but not limited to: water meter and main, irrigation backflow preventer, sprinkler system, electrical and telephone. 57. Demolition of existing park entrance road that will not be used in the redesigned entry. 58. Construction of the new park entrance road (park standard width 22 ft. - 0 in.) connecting Blossom Hill Road with the existing park road system. 59. Implementation of landscaping and irrigation of new park entrance and entrance station areas. TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT: 60. Four (4) new fire hydrants are required for this development. 61. The required fire hydrant installations shall be tested and accepted by the Central Fire District prior to the issuance of any Building Permit. 62. Access roads shall be installed with all-weather surfaces capable of supporting the imposed load of fire apparatus, 35,000 pounds prior to the issuance of any Building Permit. TO THE SATISFACTION OF THE POLICE DEPARTMENT: 63. The emergency access road must be adequately lighted for pedestrian traffic. SECTION II This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 19, 1991, 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 September 3, 1991. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton NAYS: None ABSENT: Mayor Brent N. Ventura ABSTAIN: Eric D. Carlson SIGNED: /s/ Eric D. Carlson VICE -MAYOR OF THE TOWN OF LOS GATOS ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS ORDINANCE 1865 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1779 RELATING TO TRAFFIC IMPACT FEES AFFECTING ZONE CHANGE NO. 81 FROM 0, R-1:8000 & RM:5-20 TO R-1:8000-PD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: SECTION I The Performance Standards of Ordinance No. 1779 are hereby amended to reflect the current traffic policy. The following Performance Standards are part of the Official Development Plan of Ordinance No. 1779 and must be complied with before issuance of any grading or construction permits: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The Roberts Road Bridge, Nino house, and the on -site rock wall shall be preserved. Any exterior changes of the Nino house shall require Architecture and Site Approval. All changes to the Nino house reviewed by the Historic Preservation Committee. 2. During the Architecture and Site Approval stage, the applicant shall provide details of the new bus stop location, including a bus shelter. Applicant shall obtain permission from Santa Clara County Transit for this relocation. 3. Applicant shall provide in the construction contract that the general contractor shall use quieting equipment control and procedures to reduce noise levels. 4. Construction shall be limited 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. 5. Applicant shall obtain tree removal permits prior to issuance of any Building Permit. 6. Within the limits of the building envelopes provided, the Planning Commission shall have full discretion to modify the conceptual buildings proposed. These modifications may include change of materials, and smaller dwelling units. 7. Structures submitted for precise plan approval shall be designed to maximize passive solar heating and cooling provisions, and a detailed analysis and summary of these provisions shall be provided. 8. Applicant shall provide verification that San Jose Water Works has sold Assessor Parcel Number 529-13-008 to the applicant and all their conditions of the sale have 1 been met. 9. The entrance sign reading Vasona Hills shall be deleted. 10. Use of outer court gates to be reconsidered; review the built project without the gates, and, if they seem reasonable, install at that time. 11. Height of soundwall shall be reduced from twelve feet to eight feet. During the Architecture and Site Approval stage, noise mitigation measures shall be incorporated into the design of the residences along Highway 17. 12. If any indication of archeological remains are encountered during construction activities, all such activities should cease immediately until a qualified archeologist can ascertain the nature of the discovery and recommend mitigation, if necessary. 13. All historic artifacts unearthed during construction activities shall be turned over to the Los Gatos Museum. 14. Of the five BMP units required, one of these must include the rehabilitated Nino residence. TO THE SATISFACTION OF THE TOWN ENGINEER: 15. Final grading, drainage, masonry retaining wall, driveway, utility, interim and final erosion control plans shall be provided. 16. No grading or earth -disturbing activities shall be initiated between October 1 and April 15. For grading operations commenced prior to October 1, all grading or earth -disturbing activities shall cease October 15 and will not be allowed to restart until April 15. These limitations apply to the following: driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility trenches. If final landscaping is not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan will be require to be instituted by October 1 and maintained throughout the October 1 to April 15 period. 17. A soils and geologic report shall be prepared which provides specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. A registered civil engineer, specializing in soil mechanics, C10\ORDS\Z-86-68 2 should be included in the group that prepares this report. 18. A Grading Permit will be required for any earth disturbing activities, as defined by Chapter 36 of the Municipal Code. 19. All grading operations shall be continuously inspected by the soils engineer or his qualified representative and these inspections should be coordinated with regular Town inspections. The soils engineer shall prepare a final grading report. 20. The existing well on site shall be abandoned and capped in accordance with the requirements of the water district. 21. The following shall be dedicated: a. Blossom Hill Road. A 65-foot half -street right-of-way. b. Roberts Road. A 65-foot half -street right-of-way. c. Interior street system. 46-foot wide street right-of-way (lower right-of-way radius cul-de-sac bulb. d. Storm drainage, sanitary sewer, slope, public service and open space easements, as required. e. Private ingress -egress easements within shared driveway areas. 22. Retaining wall uphill of residence on Lot 26 shall be designed and/or relocated at the Architecture and Site Approval stage. 23. The following shall be dedicated to the Town in fee title for public open space areas: a. All of Assessor's Parcel Number 529-13-002 (located west of Roberts Road and adjacent to Los Gatos Creek). b. Those portions of Assessor's Parcel Numbers 529-13-003 and 529-13-015 within the 100-year flood hazard area (adjacent to Los Gatos Creek). c. Applicant shall dedicate right-of-way adjacent to the creek in fee to the Town who will grant an appropriate easement to the Santa Clara Valley Water District for flood control maintenance purposes. 24. A Traffic Impact Mitigation Fee shall be paid as established by Town Council resolution at the time of payment for each new house, prior to the issuance of a Certificate of Use and Occupancy. C10\ORDS\Z-86-6B 3 25. The Vasona Park entrance shall be relocated to line up with the existing Roberts Road and Blossom Hill Road (west) intersection. No permits of any kind for work to proceed shall be issued by the Town until the entrance relocation is guaranteed. 26. The following improvements shall be guaranteed by contract, Faithful Performance Security, Labor & Materialman's Security, insurance, and completed prior to the occupancy of any new building. a. Roberts Road. 36-foot curb -to -curb roadway, curb, gutter, sidewalk (east side only), handicapped ramps, channelization improvements, street lighting and signing, storm and sanitary sewer improvements, as required. b. Blossom Hill Road. Curb, gutter, sidewalk, bus "duck out", handicapped ramp, tie-in paving, signing, striping and street lighting. c. The intersection of Blossom Hill Road and Roberts Road/Vasona Park entrance shall be signalized. Associated improvements shall include interconnection with the existing traffic signals at Blossom Hill Road and University Avenue, and channelization improvements consisting of curb returns, sidewalks, pavement installation, signing, striping, and other pavement markings, traffic islands, street lighting and storm drain improvements. The cost shall be borne by the applicant. d. Interior street system. 46-foot wide right-of-way (32-foot wide roadway with parking on one side only), 40-foot wide right-of-way (24-foot wide roadway on upper level with no parking on either side), curb, gutter, sidewalk, handicapped ramps, signing, striping, street lights, monumentation, storm drainage system, sanitary sewer, water system, including fire hydrants and other underground utilities, including cable televised as required. e. An eight (8) foot wide asphalt concrete path shall be constructed within dedicated open space adjacent to Los Gatos Creek, to conform with the existing bicycle path south of Blossom Hill Road. C10\ORDS\Z-86-6B 4 27. All lots shall be surveyed and monumented (set pipes) prior to construction. 28. Horizontal and vertical controls shall be set by a licensed surveyor or a registered civil engineer for the following items: a. Pad location b. Finish floor elevation c. Foundation corner location d. Retaining wall, top -of -wall elevation, and location e. Toe and top of cut and fill slopes 29. All documents, contracts, bonds, insurance, as applicable, shall be provided prior to recordation of any final map or issuance of any permits. 30. A two-year Tree & Landscape Maintenance Agreement shall be entered into for existing and newly planted trees. 31. Relocate pipe easement to the satisfaction of the San Jose Water Works. Easement shall be located along the proposed side property line. 32. Any work in the public right-of-way will require an Encroachment Permit. 33. Active cable television service shall be provided for each lot. 34. The off -hauling of the excess excavated material shall be limited to the period between 9:00 a.m. - 3:00 p.m., Monday through Friday. 35. A 1603 permit shall be applied for from the Department of Fish and Game for proposed improvements in or near riparian areas within their jurisdiction. 36. Approval of vacating Town property for project shall be obtained prior to receiving Architecture and Site Approval. 37. Emergency access road shall be maintained by the homeowners' association. 38. Provide permanent access to the creek from Roberts Road upstream of the bridge. 39. Prior to construction of the bicycle path the erosion problem on the north bank of the creek at the eastern edge of the property in the vicinity of the sanitary sewer shall be repaired. 40. The applicant shall work with the Town to study ways that the through traffic on Roberts Road might be prevented. Measures shall include one of the following: C10\ORDS\Z-86-6B 5 a. Applicant shall redesign road system so that there will be no left turns onto Roberts Road from project, or b. if the Town Council agrees to close Roberts Road prior to the approval of the tentative map for the project, the applicant shall pay fifty percent (50%) of the cost for closing Roberts Road. The cost to the applicant shall not exceed $60,000. The applicant must dedicate sufficient right-of-way to accommodate a 42 ft. radius cul-de-sac bulb at the east side of the Roberts Road bridge. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 41. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by and under the supervision of the Director of Parks, Forestry and Maintenance Services. 42. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during construction. 43. Any trenching proposed within the dripline of existing trees shall be hand dug. 44. Applicant shall include in the CC&R's a section requiring that all non-native plants or ground cover be planted, nor any impervious surfaces (i.e. patios) be constructed under the dripline of existing trees. Native plants must be a minimum of 12 ft. from the tree trunk and irrigation shall not spray within the dripline of existing trees. 45. Any building constructed under the dripline of existing trees will be required to have a pier and beam foundation. 46. Any impervious area encroaching under the dripline of existing trees shall be interlocking pavers. C10\ORDS\Z-86-6B 6 47. Newly planted trees shall be double -staked, using rubber tree ties. 48. The soundwall shall be a minimum of eight feet from the trunk of existing trees and shall be constructed using pier and beam, unless otherwise specified by the Parks Superintendent. 49. Applicant shall work with CalTrans, to plant drought tolerant trees on State property to screen soundwall from Highway 17. 50. Applicant shall provide additional landscaping as needed in the creek area. TO THE SATISFACTION OF THE TOWN MANAGER AND THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 51. The proposed common area between the back of the residences along Blossom Hill Road shall be dedicated in fee to the Town in conjunction with the formation of a landscape maintenance district or any other method to ensure the maintenance of the proposed landscaping in the common area along Blossom Hill Road. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES: 52. All units must meet the handicap accessibility requirements as adopted by the Town Resolution 1987-143. TO THE SATISFACTION OF THE TOWN ATTORNEY: 53. CC&R's shall meet all Town requirements. TO THE SATISFACTION OF THE COUNTY OF SANTA CLARA PARKS AND RECREATION DEPARTMENT: 54. Design and construction of all road and traffic improvements on Blossom Hill Road. These improvements include, but are not limited to, a right and left turn lane into the park, traffic signal, road widening as necessary, sidewalk relocation and bike lane relocation. 55. Redesign and refurbishment, as necessary of the park entrance wall and entry signage, as per original design. 56. Relocation of all affected park utilities including, but not limited to: water meter and main, irrigation backflow preventer, sprinkler system, electrical and telephone. C10\ORDS\Z-86-6B 7 57. Demolition of existing park entrance road that will not be used in the redesigned entry. 58. Construction of the new park entrance road (park standard width 22 ft. - 0 in.) connecting Blossom Hill Road with the existing park road system. 59. Implementation of landscaping and irrigation of new park entrance and entrance station areas. TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT: 60. Four (4) new fire hydrants are required for this development. 61. The required fire hydrant installations shall be tested and accepted by the Central Fire District prior to the issuance of any Building Permit. 62. Access roads shall be installed with all-weather surfaces capable of supporting the imposed load of fire apparatus, 35,000 pounds prior to the issuance of any Building Permit. TO THE SATISFACTION OF THE POLICE DEPARTMENT: 63. The emergency access road must be adequately lighted for pedestrian traffic. C10\ORDS\Z-86-6B 8 SECTION II This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 19, 1991, 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 September 3, 1991. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton NAYS: None ABSENT: Mayor Brent N. Ventura ABSTAIN: Eric D. Carlson SIGNED: /s/ Eric D. Carlson VICE -MAYOR OF THE TOWN OF LOS GATOS ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS C10\ORDS\Z-86-68 9 September 3, 1991 Los Gatos, California RIGHT OF ENTRY/AGREEMENT/SANTA CLARA COUNTY TRAFFIC AUTHORITY/RESOLUTION 1991-202 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991-202 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. NONCONFORMING PROPERTIES/PARKING REGULATIONS/ORDINANCE 1864 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1864 entitled, AN ORDINANE OF THE TOWN OF LOS GATOS MODIFYING REGULATIONS FOR NONCONFORMING USES ALLOWING PROPERTIES THAT ARE NONCONFORMING AS TO PARKING TO CONTINUE OPERATING WITH RESTRICTIONS Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. TRAFFIC IMPACT FEES/ZONE CHANGE NO. 81/ORDINANCE 1865 AMENDING ORDINANCE 1779 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1865 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1779 RELATING TO TRAFFIC IMPACT FEES AFFECTING ZONE CHANGE NO, 81 FROM O. R- 1:8000 & RM:5-20 TO R-1:8000-PD, Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. SPEED LIMITS/AMENDING SECTION 16-43.2 OF THE TOWN CODE/ORDINANCE 1866 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1866 entitled, E TOWORDINANCEN OFA THE TOWN CODE FOR ESTABLISHING SPEED LIMITS ON CERTAINATOS AMENDING SECTION 16-43.2 OF TOWN OF LOS G STREETS. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. TRANSIENT OCCUPANCY TAX/AMENDING SECTION 28-23 OF THE TOWN CODE/ORDINANCE 1867 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 1867 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ARTICLE IV OF CHAPTER 28, SECTION 28-23. OF THE TOWN OF LOS GATOS TOWN CODE RELATING TO TRANSIENT OCCUPAN TAX. Carried by a vote of 3 ayes. Vice Mayor Carlson abstained. Mayor Ventura absent. PUBLIC HEARINGS LEOTAR COURT 102/FENCING HEIGHT/FLACH/APPEAL DENIAL/HEARING Vice Mayor Carlson stated that this was the time and the place duly noted for a public hearing to consider an appeal of a decision of the Planning Commission denying a request for permission to increase the height of fencing along the side and rear property lines from six feet to ten feet on property in the HR-2 1/2 Zone, variance application V-91-2. Property located at 102 Leotar Court. Property Owners, Oliver C. & Susan G. Flach. 6 TC:D1:MM090391