12 Staff Report - Amending Zoning Ordinance 10 Monroe CourtN
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r COUNCIL AGENDA REPORT
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DATE: January 12, 2004
TO: MAYOR AND TOWN COUNCIL
MEETING DATE:
ITEM NO. /02
1/20104
FROM: ORRY P. KORB, TOWN ATTORNEY-
SUBJECT: ADOPT ORDINANCE AMENDING THE ZONING ORDINANCE EFFECTING A
ZONE CHANGE FROM RM:12-20 TO RIv1:12-20:PD AT 10 MONROE COURT
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of January 5, 2004.
2. Instruct the Clerk to either:
(a) publish the ordinance within 15 days after adoption, or
(b) publish a summary no more than. 15 days after adoption (if summary published
before adoption).
DISCUSSION:
On January 5, 2004, Council introduced the attachment , which amends the Zoning Ordinance for the
property located at 10 Monroe Court.
Attachment: Ordinance
Distribution: David H. Pitzen, DHP Monroe Investors LLC, 1228 Lincoln Avenue. San Jose. CA 9-5'12-5"
Ann Lamborn, 7 Monroe Court, Los Gatos. CA 95030
Linda Lubeck, 120'Carlton Ave., #54, Los Gatos, CA 95032
Vincent M. Stephens, Community Project Review, Santa Clara Valley Water District,
5750 Almaden Expressway, San Jose, CA 95118-3686
PREPARED BY: JORRY P. KORB, TOW T ATTORNEY OPK L:iB -p ATY-• onT t-CR .,:w:;~
Reviewed by: own Managers Assistant Town Manager Clerk
t,) Finance Community Development
Rev: 1/12;04 4:39 pm
Reformatted: 7;19/99 File= K)I-0~
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ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
ATN ENDLNG THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM R.NT:12-20 TO RVT:12-20:PD AT 10 MONROE COURT
THE TOWN CODICIL 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 at 10
Monroe Court as shown on the map which is attached hereto marked Exhibit A and is part of this
Ordinance from RM:12-20 (Multiple Family Residential, 12 to 20 dwelling units per acre), to
RM:I.2-20:PD ((Multiple Family Residential, 12 to 20 dwelling units per acre, Planned
Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition of four pre-1941 single-family residences;
2. Construction of three single family residences; and
3. Landscaping, streets, parking, open space and other site improvements shown and
required on the Official Development Plan.
4. Uses permitted are those specified in the underlying RM ( Multiple Family
Residential) zone by Sections 29.40.610 (Permitted Uses) and -20.20.1S.5
(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, subject to any
restrictions or other requirements specified elsewhere in this ordinance including, but
not limited to, the Official Development Plan. However, no use listed in Section
29.20.185 is allowed unless specifically authorized by this Ordinance, or by
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 is required before the demolition of the single family
residences and construction work for the new dwelling units, 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 Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans, 14 sheets), are part of the
Official Development Plan. The following must be complied with before issuance of any grading,
demolition or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official Development Plans
and this ordinance establish the allowed uses and intensity of development. The Official
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Development Plans are conceptual in nature such that minor deviations may be approved
through the Architecture and Site approval process if necessary to achieve architectural
excellence. These deviations may include finished floor elevations. The Development
Review Committee shall be the deciding body of the Architecture and Site applications.
2. HOUSE SIZE/CELLARS. The footprint and size of each house shall be determined during
the Architecture and Site approval process and the proposed houses shall contain no more
than 8,000 square feet in aggregate. No additional square footage shall be permitted, except
for cellars which may be approved during the Architecture and Site approval process. The
square footage of the cellars is in addition to the square footage shown on the official
development plan. Cellars must drain to the storm drainage system, not to Los Gatos Creek
or the riparian corridor.
TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the
issuance of a Building, Grading or Encroachment Permit.
4. RECYCLING. All wood, metal, glass, and aluminum materials generated from the
demolished structure 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.
5. PHOTO DOCUMENTATION. Prior to the issuance of a building permit for the demolition.
Structure B shall be photographically documented by providing two sets of colored and black
and white photographs to the Town for the project file and the historic resources inventors.
h. *RIP ARI AN CORRIDOR. The riparian corridor enhancement plan (Attachment 1 of the
Initial Study for 10 Monroe Court dated June 2002) and the riparian study planting plan
(Sheet L-R1, ofthe attached Exhibit B) shall be implemented. All future landscaping within
100 feet of the riparian corridor shall consist of native trees, shrubs and groundcover that
occur naturally in the riparian habitat near the site and shall be mix similar to species used
in the riparian corridor enhancement plan. Final landscape and irrigation plans shall be
reviewed and approved through the San Francisco Bay Area JARPA (Joint Aquatic Resource
Permit Application) process and the Santa Clara Valley Water District
7. *EXTERIOR LIGHTING. Any lighting to be installed along the eastern edge of the
proposed development shall be designed to minimize the intensity of light reaching the
adjacent riparian corridor and setback area.
8. *ARCHAEOLOGIST. The site shall be reinspected by a qualified archaeologist at the
applicant's expense, directly after all of the existing buildings and other imported materials
are removed and prior to issuance of any permits for new construction. Findings and
recommendations of this survey shall be submitted in writing to the Town. If any deposits
of archaeological materials are discovered at this time, they will be evaluated for significance
if future ground disturbing activities would endanger them. If the evaluation of deposits
demonstrates that they are intact and significant deposits of archaeological soils (midden),
the project sponsor shall be required to submit a plan to the Town for mitigation of impacts
on these resources, prior to commencement of any further earthmoving within the identified
areas.
9. DOCUMENTS. Escrow papers for each lot shall include a statement that the maintenance
and repair of the roadway and creek slopes within the subdivision are the responsibility or
the homeowners. Prior to final occupancy, a copy of the proposed homeowner manual or
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other materials to be provided to the homeowners shall be submitted to the 'd'own and the
Santa Clara Valley District for approval, which addresses the responsibilities of living next
to a riparian corridor.
10. FENCING. Prior to final occupancy, an open design fence shall be installed at the boundary
of the riparian corridor, located at the current 340 foot elevation. An open design fence shall
be maintained/installed along the eastern property line of 7 Monroe Court viewing the creek.
The final fence designs shall be reviewed during the Architecture and Site approval process.
11. SETBACK. The minimum setback from the proposed structures to the top of the bank shall
be ten feet, pursuant to the requirements of the Santa Clara Valley Water District.
(Building Division)
12. PERMITS REQUIRED: A building permit shall be required for the three proposed dwelling
units and the demolition of four pre-1941 residences.
13. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of the construction plans submitted for a building permit.
14. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24" x 36".
15. PLANS: The construction plans forthis project shall be prepared under the direct supervision
of a licensed architect or engineer. (Business and Professionals Code Section 5538)
16. DEMOLITION REQUIREMENTS: Contact Town of Los Gatos Building Counter
technicians for demolition requirements and complete the process before obtaining a buildin`,
permit for demolition of such work.
0. HOUSE NUMBERS: The developer shall submit requests for additional house numbers
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from the office of the Town Clerk prior to the building permit application process.
18. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: Theresidences shall bedesigned
with adaptability features for single-family residence per Town Resolution 1994-61.
a. Wooden backing (no smaller than 2" x 8") shall be provided in all bathroom walls,
at water closets, showers and bathtubs located at 34" from the floor to the center of
the backing; suitable for the installation of grab bars.
b. All passage doors shall be at least 32" wide on accessible floor.
C. Primary entrance shall have a 36" wide door including, a 5"x5" level landing, no
more than 1" out of plane with the immediate interior floor level, with an 18"
clearance.
19. 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.
20.' *GEOTECHNICAL INVESTIGATION: The project shall incorporate all 50
recommendations and UBC Design Criteria included in Terrasearch's geotechnical
investigation for the proposed project (Attachment 3 of the Initial Study for 10 Monroe
Court, dated June 2002), in order to minimize the potential impacts resulting from regional
seismic activity, erosion hazards and subsurface soil conditions on the site.
21. *LEAD BASED PAINT: Existing construction finish materials that are suspect for
containing lead-based paint shall be tested and pending laboratory analysis, will not be
subjected to any process which renders them friable unless proper engineering controls and
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worker protection procedures are initiated.
22. FOLTNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
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 regaining 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
23. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R
and MF-1 R.
24. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase II approved
appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
25. 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 the building permits, in accordance
with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Division Service Counter. The Town Special Inspection schedule shall be blue-lined on the
construction plans.
56. N ONPOL\T SOURCE POLLUTION STANDARDS: The Town standard Santa Clara ailev
Nonpoint Source Pollution Control Program specification shall be part of the plan submittal.
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The specification sheet is available at the Building Division Service Counter.
27. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development Department:
b. Parks and Public Works Department:
c. West Valley Sanitation District: 378-2407
d. Santa Clara County Fire Department: 378-4010
e. * Santa Clara Valley Water District
f. *California Regional Water Quality Control Board
g. *California Department of Fish and Game
h. *U.S. Army Corps of Engineers
1. Los Gatos School District: 395-5570
Note: Obtain the school district form from the Town Building Service Counter after the
Building Division plan check has approved the plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
28. GRADING PERMIT. A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering Division
of the Parks & Public Works Department located at 41 Miles Avenue. The grading plan
must also be reviewed and accepted by the Santa Clara Valley Water District prior to the
Town issuing the grading permit. The grading plans shall include final grading, drainage.
retaining wall location, driveway, utilities and interim erosion control. Grading plans shall
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list earthwork quantities and a table of existing and proposed impervious areas. Unless
specifically allowed by the Director of Parks and Public Works, the grading permit will-be
issued concurrently with the building permit. The grading permit is for work outside the
building footprint(s). A separate building permit, issued by the Building Department on E.
Main Street is needed for grading within the building footprint.
29. GRADING PERMIT FOR WORK IN RIPARIAN CORRIDOR. A grading permit is
required for any work within the riparian corridor. A separate application for a grading
permit (with grading plans) shall be made to the Engineering Division of the Parks & Public J
Works Department. The grading plans shall include final grading, drainage, riparian
restoration, planting, and interim erosion control. Unless specifically allowed by the Director
of Parks and Public Works, the grading permit will be issued concurrently with the building
permit.
30. RETAINING WALLS. A building permit, issued by the Building Division of the Community
Development Department, is required for all site retaining walls. Walls are not reviewed,
approved, or inspected by the Engineering Division of Parks and Public Works during the
grading permit process.
31. DRAINAGE. Runoff from lots 2 and 3 shall be collected by a private storm drain system
and not allowed to flow. directly to the creek. The-private drainage system shall be designed
to accommodate a 10 year storm. Emergency overflow facilities shall be provided to allow
flows larger than a 10 year storm to discharge overland directly to the creek.
3?_ SUi REPORT. One copy of the soils and =eoloic report shall be submitted with tl,e
grading permit application. The soils report shall include specific critcria and standards
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governing site grading, drainage, pavement design, retaining wall design and erosion control.
The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
33. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations, retaining walls,
site grading, and site drainage are in accordance with their recommendations and the peer
review comments. The applicant's soils engineer's approval shall then be conveyed to the
Town either by letter or by signing the plans.
34. SOILS ENGINEER CONSTRUCTION OBSERVATION.. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report, and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing should be documented in an "as-built" letter/report prepared by the
applicants soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
35. PARCEL MAP. Tentative map approval is required. When approved, a parcel map shall
be recorded. Two copies of the parcel map shall be submitted to the Engineering Division
of the Parks & Public Works Department for review and approval. Submittal shall include
closure calculations, title reports and appropriate fee. The map shall be recorded before any
permits are issued.
36. DEDICATIONS. The following shall be dedicated on the parcel map by separate instrument.
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The dedication shall be recorded before any permits are issued.
a. Ingress-egress, storm drainage, sanitary sewer, utilities, a restricted open space easement
on Lot 2 for the residents within the subject development and other easements as
required. Prior to the dedication, the developer shall determine if the storm drain can be
repositioned to save two trees near Roberts Road.
b. The riparian corridor shall be irrevocably dedicated to the Town. The
owner(s)/developer shall be responsible for completing the riparian corridor enhancement
plan and riparian planting plan as identified in the Initial Study for 10 Monroe Court,
dated June 2002. Any permits required by the Town or other agencies, to perform the
initial planting within the riparian corridor will be the responsibility of the
owners/developer.
37. RIPARIAN MAINTENANCE. The owners/developer shall fund- riparian corridor
enhancement and restoration planting as identified in the Iriitial Study for 10 Monroe Court
for a period of three years after the work is accepted as complete by the Town. Maintenance
shall be performed by a Town approved contractor. The full amount for the maintenance
contract shall be paid prior to recordation of the parcel map. HT Harvey estimated the three
year maintenance cost to be approximately $54,000 in their August 29, 2003 proposal letter
to the Town.
38. FINALCC&R'S. Final CC&R'sshall be approved by the Town Attorney prior to recordation
of the final map. The CC&R's shall include provisions for road improvements, vehicle
parking enforcement procedures and maintenance of the riparian corridor. The CC&R's
shalt also include the requirement for an encroachment permit for all work in the public
right-of-way or on Town land which includes the riparian corridor,
39. 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.
40. 401 CERTIFICATION. A 401 Certification shall be obtained from the San Francisco Bay
Region Water Quality Control District for work in "waters of the State of California." A
copy of the certification shall be provided to the Parks & Public Works Department before
the parcel map is recorded.
41. FISH AND GAME REQUIREMENTS. A "1603" permit shall be obtained for the California
Department of Fish and Game for proposed improvements in or near riparian areas within
their jurisdiction. A copy of the permit shall be provided to the Parks & Public Works
Department before the parcel map is recorded.
42. U.S. ARMY CORPS OF ENGINEERS REQUIREMENTS. If required, a Section 404
permit shall be obtained from the U.S. Army Corps of Engineers for proposed improvement
in or near riparian areas within their jurisdiction. A copy of the permit or other clearance
shall be provided to the Parks & Public Works Department before the parcel map is recorded.
43. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street % ill
not be allowed unless a special permit is issued. The developer's representative in charge
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shall beat the job site during all working hours. Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required maintenance at
the developer's expense.
44. STORM DRAINAGE. The developer shall provide analysis of existing storm drainage
facility and hydrology calculations prior to issuance of any building permits. The developer
shall implement improvements if needed to accommodate any increase of flows related to
this proposal. All modifications shall require regulatory agency approvals and. permits.
45. ENCROACHMENT PERMIT. All work in the public right-of-way or on public land
(including the riparian corridor) will require a Construction Encroachment Permit. All work
over $5,000 will require construction security.
46. FOUNDATION DESIGN. The building foundations on lots 2 and 3 shall be designed to
accommodate excavation of the adjacent storm and sanitary sewers without loss of structural
integrity.
47. 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 or on
public land (including the riparian corridor). Failure to do so will result in rejection of work
that went on without inspection.
48. 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
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b. Toe and top of cut and fill slopes
c. Top of curb
49. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A Notice
of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to
the San Francisco Bay Regional Water Quality Control Board for projects disturbing more
than one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation' of the final
landscaping shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town
standard seeding specification, filter berms, check dams, retention basins, etc. Provide
erosion control measures as needed to protect downstream water quality during winter
months. The grading, drainage, erosion control plans and SWPPP shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 of Order 01-024
of the amended Santa Clara County NPDES Permit.
50. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall
include a filtration device in the catch basins or bio-swales.
51. 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. %Tud. silt. concrete and other construction debris SHALL NOT be washed into
the Town's stone drains or into Los Gatos Creek.
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52. 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.
53. RESTORATION OF PRIVATE ROADWAY IMPROVEMENTS. The developer shall
repair or replace all existing private roadway 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.<
54. AS-BUILT PLANS. After completion of the construction of all work, the originalplans
shall have all changes (change orders and field changes) clearly marked. The "as-built" plans
shall again be signed and "wet-stamped" by the civil engineer who prepared the plans,
attesting to the changes. The original "as-built" plans shall be review and approved the
Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall
be provided to the Town before the Faithful Performance Security or Occupancy Permit is
released. The AutoCAD file shall include only the following information and shall conform
to the laver naming convention: a) Building Outline, Laver: BLDG-OUTLIN E; b) Drive« av.
Laver: DRIVEWAY; c) Retaining `Fall, Layer: RETAINING WALL: d)Property Line.
Layer: PROPERTY-LINE; c:) Contours, Laver: NEW CONTOUR. All as-built dim tal tiles
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must be on the same coordinate basis as the Town's survey control network and shall' be
submitted in AutoCAD version 2000 or higher.
55. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7.00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the property,
the measurement shall-be made at distances as close to twenty-five (25) feet from the device
as possible. The noise level at any point outside of the property plane shall not exceed
eighty-five (85) dBA.
56. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean-out at the property line.
(Parks Division)
57. *FINAL LANDSCAPE PLAN. A final riparian planting plan shall be submitted during the
Subdivision Application process. A final landscape plan shall be submitted during the
Architecture and Site approval process for each lot. The plan shall include the Italian Stone
Pine.Tree on the adjacent parcel at 7 Monroe Court. Additional protection measures may be
required to reduce impacts to this tree.
58. NEW TREES. Newly planted and relocated trees shall be double-staked, using rubber tree
ties and shall be planted prior final occupancy.
59. GENERAL. All existing trees shown to remain on the plan are specific subjects of appro, al
of this plan and must remain on site.
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60. *PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to
construction or building permits being issued, the applicant shall meet with the Town's
Consulting Arborist, at the developer's expense, concerning the need for protective fencing
around the existing trees and other required tree protection measures identified in this
ordinance. Such fencing is to be installed prior to, and be maintained during, construction.
The fencing shall be a five foot high chain link attached to steel poles driven at least 18
inches 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. Fencing shall be included at the following locations as identified in Attachment 2 of
the Initial Study for 10 Monroe Court dated June 2002):
a. The 30 inch coast live oak east of Lot 1, six feet from the proposed final wall location
on the west and south and out to the dripline on the north.
b. The 18 inch coast live oak at the south end of Lot 1.
c. Adjacent to the fire truck turnaround.
d. The 36 inch coast live oak on Lot 2 shall have approximately 100 square feet of
protective root zone.
61. *BUFFERS. Before any equipment arrives on site, platform buffers shall be installed under
all canopies out to driplines as shown in Attachment 2 of the Initial Study for 10 Monroe
Court, dated June 2002. A platform buffer is a five inch layer of coarse chips from a tree
company, with one to 1 %2 inch thick plywood full sheets laid over the tip and tied together.
This shall cover all parts of the soil beneath the tree canopy and remain in place until
construction ceases. All trunks must be wrapped with carpeting or equivalent to eight feet
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above grade in platform buffer areas.
62. *CONSTRUCTION METHODS. The following methods of construction is required:
a. Pier and on-grade beam foundations must be used in any area beneath a tree canopy.
b. No excavation for crawl space or equivalent maybe excavated in areas beneath buildings
beneath tree canopies.
c. Trenches for any service or irrigation shall not be located in any area beneath the
canopies of trees. Utility trench locations shall be identified prior to the issuance of a
building permit so that their location is planned and not an incidental location determined
by-the utility company.
d. The trench for the storm drain line proposed adjacent to the 24-inch oak shall be dug by
hand within ten feet of the trunk. The trench for the sewer line proposed adjacent to the
existing oak near the fire truck turnaround shall be dug by hand if-closer than 15 feet
from the trunk. No roots over 2 % inches in diameter shall be cut.
e. No vertical cuts shall be made closer than five times the trunk diameter from any tree if
trenching is on only one side of the trees root mass. If it is necessary to cut a trench
through more than one quadrant of the tree's root mass, the trenches shall be set back
a distance of seven times the trunk diameter. Foundations constructed within the dripline
which are closer than five times the trunk diameter from the trunk, shall be of pier and
beam design.
f. When existing pavement is removed in areas beneath canopies of trees, it shall-be done
with a jackhammer and the broken pieces loaded by hand onto a tractor, which is
standing on unbroken pavement. The tractor shall back up onto undisturbed pavement
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as it picks up the pavement pieces so as to avoid compression of the soil in newly
exposed root zones. The newly exposed root zone areas shall be covered immediately
with a layer of three inches of tree chips (as from a chipping machine from a tree
company.) to protect these root systems from drying out.
63. ROOTS. If roots are encountered during excavation, the project arborist shall immediately
evaluate anchorage loss and cut the root properly. No roots shall be cut with a backhoe.
64. *EXPOSED ROOTS. Newly exposed root systems shall be watered with a soaker hose
applying ten gallons of water per one inch of trunk diameter once every two weeks until
construction is completed.
65. *IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation
system. The irrigation system shall avoid excessive watering of the existing Oaks and there
shall be no irrigation lines within the Tree Protection Zones of the Oaks.
66. *PRUNING. Pruning of any trees shall be done by an ISA certified arborist using ISA
Western Chapter Pruning Specifications.
67. INTERLOCKING PAVERS. Any new impervious surface encroaching under the dripline
of existing trees shall have interlocking pavers installed.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
68. REQUIRED FIRE FLOW. Required fire flow for this project is 1,000 GPM at 20 psi.
residual pressure.
69. ACCESS TO WATER SUPPLY: Portions of the structures are greaterthan 130 feet of travel
distance from t ~e centerline of the roadway containing public fire hydrants. The developer
shall provide an on-site fire hydrant or install an approved fire sprinkler system throughout
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all portions of the building.
70. PREMISE IDENTIFICATION. 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.
71. SIGNING. The hammerhead shall be marked/signed to indicate that no parking is permitted
in this area.
*Required as Mitigation Measures
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 2003, 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 effect 30 days after it is
adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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The map and development plans
(identified as Exhibits A and B)
are on file with the
Town Clerk's office