06 Desk Item - 14300-14350 Winchester Boulevardtow x of
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COUNCIL AGENDA REPORT
DATE: February 2, 2004
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEYd(i
MEETING DATE: . 2/2/04
DESK ITEM ITEM 6
SUBJECT: ADOPT ORDINANCE AMENDING THE PLANNED DEVELOPMENT AT
14300-14350 WINCHESTER BOULEVARD
The version of the ordinance introduced on January 20, 2004, has been amended to correct several
clerical errors. The corrected version is attached.
Attachment: Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK.L:vM/wp [N WTY'•Sobrat deskitem wpd]
Reviewed by:V5::~~qown Manager Assistant Town Manager Clerk
Finance Community Development
Rev: 2/2/04 4:51 pm
Reformatted: 7/19/99 File# 301-05
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE PLANNED DEVELOPMENT AT
14300-14350 WINCHESTER BOULEVARD (ORDINANCE 2095)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Ordinance 2095 for the Planned Development at 14300 & 14350 Winchester Boulevard as
shown on the map attached as Exhibit A is hereby amended as follows.
SECTION II
The amended PD (Planned Development Overlay) zone established by this Ordinance
authorizes the following construction and use of improvements:
1. Construction of a research and development/office complex up to 120,000 square feet
and 290 residential apartments including 239 market rate and 51 Below Market Price
(BMP) units.
2. Landscaping, parking, and other site improvements shown and required on the
Official Development Plan (Exhibit B);
3. Uses permitted are residential and those uses specified in the underlying CM
(Controlled Manufacturing) zone by Sections 29.70.220 (Permitted Uses) and
29.20.185 (Table of 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. Retail and
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a daycare center are also authorized uses subject to approval of an architecture and
site application to determine the location and square footage of either use in a manner
that is otherwise consistent with this Ordinance. However, no use listed in Section
29.20.185 is allowed unless specifically authorized by this Ordinance.
4. The R & D/office complex is limited to a maximum of four tenants.
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 any construction work for the project 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 issued 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 received by the Town of
Los Gatos on December 4, 2003, 32 sheets), incorporated herein by this reference, are part of the
Official Development Plan. The following must be complied with before issuance of any grading,
demolition or construction permits, unless otherwise stated:
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TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
Application and approval shall be required for the research and development/office
buildings, apartment buildings, parking areas and landscape improvements. This application
may be approved by the Town's Development Review Committee with review by the
Consulting Architect.
2. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided is
conceptual in nature. Final footprints and building designs shall be determined during the
architecture and site approval process.
3. BUILDING SIZES. The size of the R & D/office complex shall be up to 120,000 square
feet, inclusive of any conference facilities, cafeteria, fitness center or other amenities. The
size and composition of the apartment buildings shall be refined as part of the architecture
and site approval process. The maximum number of apartments is 290. The final size of the
office buildings may be increased or decreased provided that the total floor area does not
exceed 120,000 square feet.
4. BELOW MARKET PRICE PROGRAM. The developer shall designate 51 of the residential
units as BMP rental units. A deed restriction shall be recorded prior to issuance of building
permits stating that the BMP units must be rented as below market price units pursuant to
the Town's BMP requirements in place at the time of the Planned Development approval
The BMP units shall be low income (less than 80% of median income). The unit mix
identified in the January 20, 2004 Desk Item to council may be modified to allow additional
studio and one bedroom units through the architecture and site review process.
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5. COMMUNITY BENEFIT. ;The applicant shall enter into an agreement with the Town for
provision of the community benefits being offered with the project as listed in the letter from
the applicant dated May 14, 2003 (Exhibit A to the October 22, 2003 Report to the Planning
Commission). The agreement shall include details on the timing and implementation of each
item and shall be approved by the Town Council prior to issuance;of any building permits
for the project.
6. LANDSCAPING. The planting along Los Gatos Creek shall be riparian ground covers,
understory and trees selected from the California Department of Fish & Game's Riparian
Vegetation List.
7. LANDSCAPE PLAN. The. final landscape plan shall be reviewed by the Consulting Arborist
as part of the Architecture & Site approval process. All Tree Protection measures
recommended by the Consulting Arborist shall be followed.
8. "CULTURAL RESOURCES MITIGATION MEASURE 4.8-1. If it is demonstrated that
there are intact deposits of significant archaeological materials, a plan for the mitigation of
impacts to these resources shall be submitted to the Planning Division for approval prior to
resumption of construction activities in the area of identified deposits. If cultural or
archaeological resources are uncovered during construction, all work must be halted within
a 50-foot radius of the find, the Community Development Director shall be notified, and a
qualified archaeologist must be retained to examine the find, determine its significance and
make appropriate recommendations. Project personnel shall not alter the materials or their
context or collect cultural resources. The cost of the Town retaining a qualified archaeologist
shall be paid for by the property owner/developer. If human remains are discovered, the Los
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Gatos Police Department and Santa Clara County Coroner shall immediately be notified.
The Coroner would determine whether or not the remains were Native American. If the
Coroner determines that the remains are not subject to his or her authority, the Coroner shall
notify the Native American Heritage Commission, who would attempt to identify
descendants of the deceased Native American.
9. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance
of a Building, Grading or Encroachment Permit.
10. RECYCLING. All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company that 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.
11. LIGHT RAIL EXTENSION. The developer shall participate and assist the Town in working
with the Santa Clara Valley Transportation Authority (VTA) in extending the light rail line
from Campbell to the project site.
12. PARKING. The minimum parking ratios for the project are 3.1 spaces/1000 square feet for
the office buildings and 1.8 spaces/unit for the apartments. The area between the office and
residential uses is identified as shared parking. Parking spaces may be removed to
accommodate the future light rail station, a sidewalk along the property frontage or other
improvements deemed appropriate by the Director of Community Development provided that
the number of spaces does not fall below the minimum levels. Any changes to the parking
layout shall be first approved by the Directors of Community Development and Parks &
Public Works. Wheel stops are not permitted and shall be deleted from the plans. Parking
spaces shall be double striped per Town standards.
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13. RIPARIAN CORRIDOR. Riparian planting shall be on the creek side of the trail, and a
drinking fountain shall be included alongside the creek trail if permitted by the Santa Clara
Valley Water District.
14. NETWORK ACCESS. Network access shall be provided in the outdoor common area for
the office buildings, to allow people to work outside.
15. PROJECT SIGNS. A sign program shall be proposed by the applicant and approved by the
Director of Community Development prior to issuance of any building permits for the
project. Any signs to be placed on the site, including a monument sign, building signs for
both the office and residential components and, directional signs shall be included.
16. PROJECT PHASING. The project may be phased as shown on the Phasing Plan included
in Exhibit B. Time frames for phasing of project components shall be approved through the
Architecture and Site review process. The Phasing Plan shall include provisions for
landscaping and other attractive low maintenance improvements, and security and
maintenance of the land designated for the office buildings and parking.
17. ARCHITECTURAL DETAILS.. The applicant shall continue to work with Planning staff
and the Consulting Architect to refine the plans through the Architecture & Site review
process. The following items shall be included in the final architectural review:
• Refinement of the front entry towers on the office buildings.
• Redesign the exterior of one of the office buildings so they are not the same, but
remain compatible.
The applicant shall submit a final set of plans that includes all changes reflected in the
conditions of approval.
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Building Division
18. **GEOLOGIC MITIGATION MEASURE 4.3-1: Prior to issuance of any building permits,
project plans shall demonstrate compliance with 1997 Uniform Building Code requirements
for structural and seismic loads and recommendations made by Lowney Associates, as
required by the Building Division.
19. **GEOLOGIC MITIGATION MEASURE 4.3-2: The undocumented fill on the site shall be
completely removed and replaced with engineered fill in order to minimize differential
settlement and possible damage to the buildings. In addition, sheet piles that were left in
place shall be cut and removed during excavation activities.
20. **AIR QUALITY MITIGATION MEASURE 4.6-1. Construction activities shall comply
with the "Basic Control Measures" and applicable "Optional Control Measures" for dust -
emissions as outlined in the Bay Area Air Quality Management District CEQA Guidelines.
21. PERMITS REQUIRED. A building permit application shall be required for each proposed
structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary
22. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover
sheet of the construction plan submitted for building permit.
23. SIZE OF PLANS. The maximum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
24. 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).
25. DEMOLITION REQUIREMENTS. Contact the Bay Area Air Quality Management District
at (415) 771-6000 and complete their process as necessary before obtaining a demolition
permit from the Town Building Department. As part of the permit application process a site
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plan shall be provided that includes all existing structures and existing utility lines such as
water, sewer, and P.G.&E. No demolition work shall be done without first obtaining a
demolition permit from the Town.
26. . 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.
27. FOUNDATION 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 retaining wall locations and
elevations are prepared according to approved plans. Horizontal and vertical controls shall
be setand certified by a licensed surveyor or registered civilengineer for the following items:
a. Pad elevation
b. Finish floor elevation
c. Foundation corner locations
28. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-
IR and MF-IR shall be printed on the construction plans.
29. TITLE 24 ACCESSIBILITY - COMMERCIAL-1. On-site parking facilities shall comply
with the latest California Title 24 Accessibility Standards. Accessibility parking shall be
provided for in both covered and uncovered parking areas.
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30. TITLE 24 ACCESSIBILITY - COMMERCIAL-2. On-site general path of travel shall
comply with the latest California Title 24 Accessibility Standards. Work shall include, but
shall not be limited to, accessibility to building entrances from parking and sidewalks.
31. TITLE 24 ACCESSIBILITY - COMMERCIAL-3. The buildings shall comply with the
latest California Title 24 Accessibility Standards. Necessary work shall be first investigated
by the design architect then confirmed by Town staff.
32, 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
Division Service Counter. The Town Special Inspection schedule shall be printed on-the
construction plans.
33. 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.
34. ADDITIONAL AGENCY APPROVALS REQUIRED. The proj ect requires the following
agency approvals before issuance of a building permit:
a. West Valley Sanitation District 378-2407
b. Santa Clara County Fire Department: 378-4010
C. Campbell Union High School District: 371-0960 .
Note: Obtain the school district forms from the Town Building Department, after the
Building Department has approved the building plans.
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
35. "HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 4.4-3.
Note: the permit process and storm water management requirements have been updated
since the EIR was prepared.
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, and any applicable measures contained in the amended provisions C.3 and C.14 of
Order 01-024 shall be incorporated. 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 S WPPP shall be approved concurrently
with the grading, drainage and erosion control plans.
36. "TRANSPORTATION & TRAFFIC RECOMMENDATIONS:
a. The Winchester Boulevard driveway shall be striped as an exclusive left-turn lane
plus a shared through/right-turn lane. The northbound left-turn pocket at this
intersection shall be lengthened to provide adequate storage as partof the intersection
modification in coordination with the Town of Los Gatos and Caltrans.
b. Pedestrian and bicycle facilities shall be provided at the Winchester Blvd. driveway
and along A Street to Knowles Drive. Safe railroad crossing points shall also be
provided at the Winchester driveway access. Sidewalks to accommodate both
pedestrians and bicycles shall be provided between the Winchester
Boulevard/northbound SR 85 on-ramp/site driveway intersection and the project site
on both sides of the driveway. In addition, any street improvements along the
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Winchester Boulevard site frontage shall include or accommodate planned bike lane
improvements as specified in General Plan Policy T.I.5.10. Feasibility of all off-site
measures will need to be determined by the Town since the applicant does not own
the property where these improvements are recommended to be located.
C. The VTA and Town shall determine feasibility of the applicant providing the
recommended bus stop on Winchester Boulevard, but maintenance responsibilities
will be either the VTA's or Town's.
d. Since fiber optic cable facilities are located within the Union Pacific Railroad
Company right-of-way, the applicant shall contact Union Pacific before project
construction to determine whether such facilities could be affected by the project.
e. The proposed four-foot wide pedestrian path along the southern project boundary
(connecting the creek trail and the future light rail station) shall be widened to
provide a multi-use trail connection between the creek trail and Winchester
Boulevard/the future light rail station. This trail shall be available to pedestrians and
bicyclists.
37. "TRANSPORTATION & TRAFFIC RECOMMENDATIONS: The following provisions
or improvements shall be made:
a. Loading areas should be designed to ensure the intended trucks can be
accommodated.
b. Well-lighted pedestrian and bicycle paths between buildings, transit locations, and
bicycle parking should be provided.
C. Bicycle racks should be provided for short-term visitor parking and bicycle lockers
should be provided for project employees in accordance with VTA Guidelines.
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38. NOTICE OF INTENT. A Notice of Intent (NOI) shall be filed with the San Francisco Bay
RWQCB. A copy of the NOI shall be provided to the Town Engineering Division.
39. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities for
all public improvements that are a part of the development in a form acceptable to the Town
in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any
permit. Applicant shall provide two.(2) copies of documents verifying the cost of the public
improvements to the satisfaction of the Engineering Division of the Parks and Public Works
Department.
40. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
41. 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 plans
shall include final grading, drainage, retaining wall location, driveway, utilities, structural
drawings for retaining walls, and interim erosion control. Grading plans shall list earthwork
quantities and a table of existing and proposed impervious areas. Unless specifically allowed
by the Director of Parks and Public Works, the grading permit will be issued concurrently
with the building permit. The grading permit is for work outside the building footprint(s).
A separate building permit, issued by the Building Department on E. Main Street is needed
for grading within the building footprint.
42. SCVWD APPROVAL. The following Santa Clara Valley Water District approvals shall be
obtained:
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a. A letter from the Santa Clara Valley Water District indicating they have reviewed and
approved the site retaining wall structural plan, grading plan, and public
improvement plan shall be provided prior to issuance of a either a grading or
encroachment permit.
b. Any work within 50-feet of the top of the Los Gatos Creek bank or within the vicinity
of SCVWD water transmission facilities will also require a District permit. Evidence
of such permits shall be provided to the Engineering Division of Parks and Public
Works prior to issuance of the grading and encroachment permit.
43. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main
Street, is required for all site retaining walls. Site wall plans shall also be submitted to the
Engineering Division of Parks and Public Works as part of the grading permit submittal.
Engineering will review the plans for construction clearances to property lines.
44. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit
or public improvement application, whichever is submitted first. The soils report shall
include specific criteria and standards governing site grading, drainage, pavement design,
retaining wall design and erosion control. The reports shall be signed and "wet stamped" by
the engineer or geologist, in conformance with Section 6735 of the California Business and
Professions Code.
45. 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
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review comments. The applicant's soils engineer's approval shall then be conveyed to the
Town either by letter or by signing the plans.
46. 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.
47. PUBLIC WORKS INSPECTOR. The applicant shall fund a full time public works inspector
for the duration of the earthwork and public improvement operations. The applicant will be
charged on a time and materials basis. A deposit for the full amount, to be estimated by the
Town based on the Contractor's approved schedule, shall be paid prior to issuance of the
grading and encroachment permits.
48. PARCEL MAP. 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.
49. DEDICATIONS. The following shall be dedicated on the parcel map or by separate
instrument. The dedications shall be recorded before any permits are issued.
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a. Winchester Driveway. An easement of width and type specified by the PUC shall be
granted by separate instrument.
b. Public Service Easement (PSE). All on-site roadways shall be within PSE's, as
required.
C. Ingress-egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Vehicle Access Easements (EVAE). All on-site roadways shall be within
EVAE's, as required.
50. TRUCK ACCESS. Site design presented at Architectural and Site review shall accommodate
a WB-50 truck.
51. 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. Public
improvements shall include the following:
a. Winchester Boulevard/Highway 85 Intersection: Modify the intersection and the
signal of the main driveway with Winchester Boulevard. The Town and Cal Trans
shall approve the preliminary intersection and signal plans prior to start of final
design by the applicant. Intersection plans shall include improvements to the rail
road crossing.
b. Winchester Boulevard: Entrance drive, railroad crossing, two street lights, tie-in
paving, signing, striping, storm drainage and sanitary sewers, sidewalk on both sides
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of entry drive, new bus stop to VTA standards, access ramps, right turn pocket, bike
lane, median modifications, as required.
C. A Street. Sidewalk between project and Knowles shall be provided. The developer
shall make a good faith attempt, to the satisfaction of the Public Works Director, to
obtain sidewalk rights from the adjacent property owner. In the event that such an
effort fails, the developer shall work with the Town to provide the walk within the
existing right of way. Details of provisions to be provided shall be addressed prior
to issuance of an encroachment permit
52. ARBORIST REVIEW. The Town Consulting Arborist shall review and approve both the
grading and public improvement plan sets prior to issuance of a grading or encroachment
permit.
53. WINCHESTER SIDEWALK. An in-lieu fee, based on $10 per square foot, shall be paid
prior to issuance of a building permit to pay for future construction of a sidewalk across the
entire Winchester Boulevard project frontage.
54. TRAIL CONNECTION. The trail connection between the Los Gatos Creek Trail and
Winchester Boulevard shall be constructed by the developer as part of the first development
phase. The trail shall be maintained by the developer if the connection is provided through
private property. The Town shall maintain the trail if the facilities are constructed within
either Santa Clara Valley Water District (SCVWD) property or within land dedicated to the
Town in a form approved by the Director of Parks and Public Works. Should the trail be
constructed within SCVWD property, the developer shall update the existing Joint Use
Agreement between the Town and SCVWD prior to map recordation.
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55. RAILROAD CROSSING MAINTENANCE. The portion of the Winchester driveway within
the VTA right of way shall be maintained by the developer and VTA. The Town will not
maintain new facilities within the VTA right of way
56. 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 parcel map.
57. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) The developer shall pay a fee
proportional to the project's share of transportation improvement needed to.serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town
Council resolution in effect at the time the building permit applications is made. The fee
shall be paid before the building permit is issued. The traffic impact mitigation fee for this
project, using the current fee schedule and the preliminary plans is $1,070,466. The final fee -
shall be calculated from the final plans using the rate schedule in effect at the time-of the
building permit application, and shall be based on the net increase in trip generation as
determined by the traffic analysis prepared by Fehr and Peers.
58. ECO PASS. Eco Pass stickers shall be provided for all full-time employees within the
development upon request. Proof of Eco Pass purchases shall be provided to the Town
annually.
59. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal
of plans to the Engineering Division of the Parks and Public Works Department.
60. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
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61. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street will
not be allowed unless a special permit is issued. 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.
62. 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.
63. 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 ow work that went on without inspection.
64. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and
in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three times daily in
order to insure proper control of blowing dust for the duration of the project. Watering on
public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often
as deemed necessary by the Town Engineer, or at least once a day. Watering associated with
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on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall
include at least one late-afternoon watering to minimize the effects of blowing dust. All
public streets soiled or littered due to this construction activity shall be cleaned and swept
on a daily basis during the workweek to the satisfaction of the Town. Demolition or
earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH.
All trucks hauling soil, sand, or other loose debris shall be covered.
65. 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
66. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the _
project Applicant shall complete a pavement condition survey documenting the extent of
existing pavement defects using a 35-mm or digital video camera. The survey shall extend
the full length of the truck haul route within the Town limits. The results shall be
documented in a report and submitted to the Town for review.
67. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
pavement condition survey to determine whether road damage occurred as a result of project
construction and whether there were changes in pavement strength. Rehabilitation
improvements required to restore the pavement to pre-construction condition and strength
shall be proposed by the applicant. The results shall be documented in a report and
submitted to the Town for review and approval. The Applicant shall be responsible for
completing any required road repairs prior to release of the occupancy permit.
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68. EROSION CONTROL. Interim and final erosion control- plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
maximum of two weeks is allowed between clearing of an area and stab ilizingfbuilding 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.
69. SITE DRAINAGE. Stormwater detention facilities shall be provided to insure that post
project runoff is less than or equal to pre-development rates.
70. STORM DRAINAGE OUTFALL. The drainage outfall shall be televised prior to the
architecture and site submittal to verify that the existing facilities are in an acceptable
physical condition: The videotape shall be submitted to the Town Engineer for review and
approval. In the event that the facility is unacceptable, the architecture and site plans shall
reflect the proposed improvements needed to rehabilitate the outfall condition.
71. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall
include a filtration devices such as bio-swales and mechanical filters (i.e. Storm Septor)
placed upstream of the site discharge point.
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72. . 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.
73. 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). All new utility services shall be placed underground.
74. 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.
75. CURB AND GUTTER. The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and gutter
shall be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
proj ect.
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76. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer,
in writing, at least 72 hours in advance of all differences between the proposed work and the
design indicated on the plans. Any proposed changes shall be subject to the approval of the
Town before altered work is started. Any approved changes shall be incorporated into the
final "as-built" drawings.
77. AS-BUILT PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as-built" plans
shall again be signed and "wet-stamped" by the civil engineer who prepared the plans,
attesting to the changes. The original "as-built" plans shall be review and approved the
Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall
be provided to the Town before the Faithful Performance Security or Occupancy Permit is
released. The AutoCAD file shall include only the following information and shall conform
to the layer naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway,
Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool,
Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line,
Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files
must be on the same coordinate basis as the Town's survey control network and shall be
submitted in AutoCAD version 2000 or higher.
78. 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.
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79. GREASE TRAPS. Meet all requirement of the Santa Clara County Health Department and
West Valley Sanitation District for the interception, separation or pretreatment of effluent.
80. CONSTRUCTION NOISE. Between the hours of 7:00 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. The Building Official may restrict construction activities between 7:00 am and 8:00
am weekdays. 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.
81. SITE SECURITY. Prior to commencement of any site work or the introduction of any:earth
moving equipment or building materials onto the site, the applicant shall insure-.;that a
temporary fence constructed of materials and located to the satisfaction of the Director of
Community Development has been constructed. This fence shall be in 'place as approved
until the Director of Community Development shall allow it to be removed or changed. The
fence may only be expanded or contracted in size upon approval of the Director of
Community Development. Failure to adhere to this condition of approval shall result in the
permit being brought to the Planning Commission for its review and introduction of stricter
site and building construction regulations.
82. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement
of any site work, the general contractor shall:
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a. Along with the project applicant, attend a pre-construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub-contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction
83. EARTH MOVEMENT PLAN. Prior to issuance of a Grading Permit, the applicant shall
develop an earth movement and management program under the supervision of a licensed
soils engineer for review and approval by the Engineering Division of the Department of
Parks and Public Works.
84. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations. The Traffic Control
Plan shall require that construction traffic use the main driveway at Winchester/SR85 on
ramp. Construction traffic shall not be allowed on A Street without the express approval
of the Town Engineet.
85. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
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The storing of goods and/or materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued by the Engineering Division.
86. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
87. CONSTRUCTION TRAFFIC CONTROL. The Applicant shall prepare a traffic control
plan for incorporation into, the construction bid documents. The plan shall be submitted
with the grading permit application and is subject to the review and approval of the Town
Engineer.
Parks Division
88. GENERAL. All existing and newly planted trees, except those identified for removal, are
specific subjects of approval of this project and shall remain on the site.
89. TREE REPLACEMENT. Replacement trees of a size and number adequate to mitigate the
loss of existing mature trees shall be planted on the project site. The new trees shall be
included on the comprehensive landscape plan to be reviewed as part of the Architecture &
Site approval process.
90. NEW TREES. Newly planted and relocated trees shall be double-staked, using rubber tree
ties. and shall be planted prior to acceptance of the subdivision or architecture and site
approval as determined by the Parks & Forestry Superintendent.
91. 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 shrubs.
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92. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A fee of $472 shall be paid when the
landscape,- irrigation plans and water calculations are submitted for review.
93. TREE PROTECTION FENCING. Tree protection fencing shall be placed at the drip lines
of existing trees to be retained in the areas of construction. Fencing shall be four foot high
chain link attached to steel poles driven two feet into the ground when at the dripline of a
tree. If the fencing is within eight feet of the trunk of a tree, a fence base may be used, as is
typical in a chain link fence is rented.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
94. HOSE VALVES/STANDPIPES. Buildings that are three or more stories in height or where
emergency access has been deemed minimal shall be equipped with standpipes designed per
NFPA Standard #14, and shall be equipped with 2%z inch hose valves. The locations of the
2%z hose valves may be determined prior to development of the fire sprinkler plan. The
existing Fire Department connection shall be replaced with a device similar or equal to Potter
Roemer Model 5776, four way, individually clappered connection. Domestic water shall not
be fed from the fire service line.
95. REQUIRED FIRE FLOW. Required fire flow is 5,750 GPM at 20 psi. residual pressure.
96. AUTOMATIC FIRE SPRINKLER SYSTEM. Buildings requiring a fire flow in excess of
2,000 GPM shall be equipped with an approved automatic fire sprinkler system,
hydraulically designed per National Fire Protection Association (NFPA) Standards #13.
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97. FINAL REQUIRED FIRE FLOW. Required fire flow may be reduced up to 50% in
buildings equipped with automatic fire sprinkler systems, but can be no less that 1500 GPM.
Therefore, the final required fire flow of 2,875 GPM at 20 psi residual pressure shall be
available from any two hydrants on or near the site, provided that they have a maximum
spacing of 250 feet.
98. PRIVATE FIRE HYDRANTS. Provide fire hydrants at locations to be determined by the
Fire Department. Maximum hydrant spacing shall be 250 feet with a minimum single flow
of 1,500 gallons per minute at 20 psi. residual pressure. Prior to design, the project civil
engineer shall meet with the Fire Department water supply officer to jointly spot the
required fire hydrant location.
99. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection, a "blue" dot-shall
be placed in the roadway near each fire hydrant, as directed by the Fire Department.-
100. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installation shall also conform to -Local
Government Standards and Fire Department Standard Details & Specifications A-6.
101. FIRE DEPARTMENT KEY BOX. The buildings shall be equipped with a permanently
installed emergency access key lock box (knox) conforming to Fire Department Standard
detail and Specification sheet K-1. Access keys shall be provided to the Fire Department at
the time of final inspection.
102. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways
with a paved all weather surface and a minimum width of 20 feet, vertical clearance of 13
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feet six inches, minimum circulating turning radius complying with Truck #5 specifications.
Installations shall conform with Fire Department Standard Details and Specifications A- 1.
103. EMERGENCY VEHICLE TURNAROUND. Provide an approved Fire Department engine
roadway turnaround as may be required, with a minimum radius complying with Truck 45
specifications. Installations shall conform with the Fire Department Standard Details and
Specification sheet A-l.
104. TIMING OF REQUIRED INSTALLATIONS. The required fire services, fire hydrants and
access road installations, up through the first lift of asphalt, shall be in place, inspected, and
accepted by the Fire Department prior to the start of framing. Bulk construction materials
shall not be delivered to the site until the hydrants and roadway have been accepted.
Clearance for building permits will not be given until such time as this requirement is
addressed by the developer, to the satisfaction of the Fire Department. During construction,
emergency access roads shall be maintained clear and unimpeded.
105. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so
they are clearly visible and legible from the streets or roads fronting the property. Numbers
shall be a minimum of four inches high and shall contrast with their background, and shall
be illuminated for nighttime viewing.
106. INTERIOR COURTYARDS. The applicant shall provide a plan showing Fire Department
access to interior courtyards.
107. FIRE ACCESS. The applicant shall provide a plan showing alternate compliance to
providing fire access to buildings that exceed the 150' travel distance through an alternate
method and material application.
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TO THE SATISFACTION OF THE POLICE CHIEF:
108. SECURITY REVIEW. The applicant shall meet with the Police Department to review the
construction plans, and shall make any recommended design improvements needed for
security, crime prevention or safety. A security consultant will be hired at the applicant's
expense to assist the Town in the security review. The consultant will work at the direction
of the Town.
109. SECURITY GUARD. Athorough security plan component shall be established between the
developer and the Police Department. During the architecture and site review process the
applicant shall work with the Police Department and Security Consultant to develop an
overall securityplanto ensure appropriate security elements are incorporated into the project,
and which may include but is not limited to, security cameras, lighting, landscaping, -access
control and on-site security personnel.
110. GARAGE LIGHTING. Lighting at garage entrances shall fully light the entry area. Interior
garage lighting shall be on 24-hours a day.
111. FENCING. There shall be a fence along the east property line adjacent to the Los Gatos
Creek Trail.
112. PATHWAY LIGHTING. Path lights shall be provided along the trail from the Winchester
Blvd. entrance to the creek trail.
113. CREEK TRAIL LANDSCAPING. Landscaping along the creek trail shall be selected and
planted so that it does not provide a place where a person can be concealed. Low shrubs
and/or non-dense trees are recommended in this area.
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114. OFFICE PARKING. The applicant shall notify the Police Department of any parking
restrictions for the surface space around the office buildings.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 20, 2004, 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
C Documents and Settings\SDavis\Local Settings\Tetnp\Sobrato.ORD.wpd
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