11 Staff Report - 371 Los Gatos BoulevardI I
DATE:
COUNCIL AGENDA REPORT
April 27,2009
MEETING DATE:05/04/09
ITEM NO.
TO:
FROM:
SUBJECT:
MAYOR AND TOWN COUNCIL
GREG LARSON,TOWN MANAGER k-~
CONSIDER A REQUEST TO DEMOLISH A CONVALESCENT FACILITY
AND THREE PRE-1941 SINGLE-FAMILY RESIDENCES AND APPROVAL
OF A PLANNED DEVELOPMENT TO CHANGE THE ZONE FROM R-
ID:LHP TO R-ID:LHP:PD &RM:5-12:PD TO CONSTRUCT 19 NEW
RESIDENCES AND RENOVATE THE HISTORIC THRASH HOUSE (20
UNITS TOTAL)ON PROPERTY ZONED R-ID:LHP.APN 529-22-044.
PROPERTY LOCATION:371 LOS GATOS BOULEVARD.PROPERTY
OWNER:THRASH HOUSE INVESTORS LLC.APPLICANT:SANTA
CLARA DEVELOPMENT COMPANY.FILE #PD-07-143 &ND-07-145.
RECOMMENDATION:
The public hearing was closed at the April 20,2009 meeting.In order to approve Planned
Development Application PD-07-143,the Council should take the following actions:
a.Make the Mitigated Negative Declaration (motion required);
b.Adopt the Mitigation Monitoring Program (Attaclnnent 25)(motion required);
c.Make the required finding (Attachment 26)and approve the application subject to the
conditions included in the Planned Development Ordinance (Attachment 27)(motion
required);
d.Direct the Clerk Administrator to read the title of the ordinance (no motion required);
e.Move to waive the reading of the ordinance (motion required);
f.Move to introduce the ordinance to effectuate Plmmed Development PD-07-143 (motion
required).
PREPARED BY:
A.(vn;f
v-Wendie R.Rooney,Director of Community Development
Reviewed by:~S\/Assistant Town Manager ~own Attomey __Clerk FinanceV-__Community Development Rev;soo:4127/09 4:20 PM
Reformatted:5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT:371 LOS GATOS BOULEVARD;FILE #PD-07-143 &ND-07-145.
April 20,2009
BACKGROUND:
On April 20,2009,the Town Council considered plans for demolition ofthe existing convalescent
facility,demolition of three single-family residences,construction of 19 new residences,and
renovation and expansion of the historic Thrash House (20 units total).The applicant presented an
altemate plan to eliminate one residence in order to reduce the overall project FAR and increase the
average lot sizes and amount of pervious surface.Council indicated its intent to approve the 19-unit
project.The applicant has revised the site,grading and drainage,and utility plans to reflect the new
lot layout for the 19-unit project.
DISCUSSION:
The Plmmed Development (PD)Ordinance has been revised to reflect the elimination of one lot and
proposed residence and to allow studios over garages on lots 13 and 16 (see Attachment 27).The
revised development plans are attached as Exhibit B to the PD Ordinance.All sheets showing the
lots have been revised to reflect the 19-1ot proposal.Actions needed to approve the project and
introduce the PD Ordinance are outlines in the recommendation section on page I.
Attachments:
1.-24.
25.
26.
27.
Previously received
Mitigation Monitoring Progrmll (four pages)
Required findings (one page)
Revised Planned Development Ordinance (18 pages)with revised development plans (29
sheets),received April 29,2009
WRR:SD
N:\DEV\SUZANNE\CounciI\Reports\Fwd.to TC\LGB3 71\LGB3 71-050409 .doc
DATE:5/4/09
SUBJECT:371 LOS GATOS BOULEVARD;FILE #PD-07-143 &ND-07-145
PLEASE NOTE:
;;)1
ATTACHMENTS 1-24 AND gXrDlinp
ARE AVAILABLE FOR REVIEW IN:
-THE CLERK DEPARTMENT
-THE LIBRARY
-THE TOWN WEBSITE
MITIGATION MONITORING PLAN
DATE:March 1I,2009
PROJECT:371 Los Gatos Boulevard/S-07-l59,PD-07-143,ND-07-145
Mitigation
BIOLOGICAL RESOURCES
All recommendations of the Town's Consulting Arborist
shall be implemented to eliminate or minimize the
construction-related impacts on the trees to be retained.
Refer to the report prepared by Arbor Resources dated
December 11,2008 for details.
CULTURAL RESOURCES
a.Historical Resources
Monitoring
Action
Required as a
condition of
approval.
Responsibility
Director of
Community
Development
Timing
Building plan
check and during
construction
A general note conveying the overall intent of Standard 6
shall be included in the construction documents and the
individual drawing notes shall be clarified to specifically
address replacement of historic features (Standard 6).
Proposed materials shall be specified during the
construction document phase and reviewed as part of the
ongoing design review and approval process (Standard 9).
b.Archaeological Resources
In the event that archaeological traces are encountered,all
construction within a 20-foot radius of the find shall be
halted,the Community Development Director shall be
notified,and an archaeologist shall be retained to examine
the find and make appropriate recommendations.
~
'"III
I
N ;\I:\DEV\SUZANNE\EnvironrnentalRev\Mit-MonitorILGB371,doc
IJ1
Required as a
condition of
approval.
Required as a
condition of
approval.
Required as a
condition of
approval.
Director of
Community
Development
Director of
Community
Development
Director of
Community
Development
Building plan
check
A&S and
Building plan
check
During
construction
MITIGATION MONITORlNG PLAN
DATE:March 11,2009
PROJECT:371 Los Gatos BoulevardlS-07-159,PD-07-143,ND-07-145
Mitigation
b.Archaeological Resources
Mitigation can take the fonn of additional data retrieval
through hand excavation combined with archaeological
monitoring of all additional soil removal inside the zone
of archaeological sensitivity to ensure that significant
cultural resources are recorded and/or removed for further
analysis before work is allowed to recommence.
GEOLOGIC HAZARDS
Monitoring
Action
Required as a
condition of
approval.
Responsibility
Director of
Community
Development
Timing
During
construction
The recommendations of the geotechnical report by Required as a
Donald E.Banta &Associates,Inc.in April 2007 shall be condition of
implemented.These recommendations address site approval.
preparation,earthwork operations,drainage,and
foundations.
HAZARDS AND HAZARDOUS MATERIALS
The abandoned septic tank and its contents shall be Required as a
removed from the site.Soil beneath the septic tank shall condition of
be tested for TPH and any contaminated soil shall be approval.
removed.
Prior to renovation or demolition activities,a demolition-Required as a
level survey of asbestos and lead-based paints shall be condition of
conducted at the property and materials found to contain approval.
asbestos or lead-based paints shall be properly abated.
N:\DEV\S UZANNEIEnvironmentalRev\Mit-MonitorlLOB3 71.doc
2
Director of
Community
Development
Director of
Community
Development
Director of
Community
Development
Building plan
check and during
construction
Prior to issuance
of building
pennits
Prior to
demolition
MITIGATION MONITORING PLAN
DATE:March 11,2009
PROJECT:371 Los Gatos Boulevard/S-07-159,PD-07-143,ND-07-145
Mitigation
HAZARDS AND HAZARDOUS MATERiALS
Monitoring
Action
Responsihility Timing
Prior to issuance of building permits,identified hazardous Required as a
materials/waste associated with the former hospital use condition of
and automotive batteries in the Thrash House shall be approval
properly disposed of
Aged light ballasts and other electrical equipment that are Required as a
removed as part of proposed demolition of existing condition of
structures on the site shall be evaluated for the presence approval
of PCBs and managed appropriately.
NOISE
To minimize construction noise impacts on existing Required as a
adjacent residences,existing boundary fencing shall be condition of
retained throughout the noisier earthmoving phase of approval
construction or proposed fencing shall be constructed as
early as possible (prior to project grading activities if
feasible).To maximize the fence noise attenuation
effects,proposed fencing shall be solid with are no gaps,
cracks,or openings (e.g.,high quality air-tight tongue-
and-groove,board and batten,or shiplap design).
To the extent feasible,outdoor use areas associated with Required as a
project homes on Caldwell Avenue and Los Gatos condition of
Boulevard shall be protected with fencing so that outdoor approval
noise levels meet the Town's 55-dBA outdoor noise goal
N:\DEV\SUZANNEIEnvironmentalRev\J\ilil-Monitor\LGB3 71.doc
3
Director of
Community
Development
Director of
Community
Development
Director of
Community
Development
Director of
Commmlity
Development
Prior to issuance
of permits
During
construction
During
construction
Prior to final
inspection
MITIGATION MONITORING PLAN
DATE:March I 1,2009
PROJECT:371 Los Gatos Boulevard/S-07-I59,PD-07-I43,ND-07-I45
Mitigation
NOISE
Monitoring
Action
Responsibility Timing
Mechanical ventilation (fresh air supply systems)or air Required as a
conditioning shall be provided in proj ect homes located condition of
adjacent to Los Gatos Boulevard as necessary to ensure approval
that interior noise levels meet State Land Use
Compatibility Noise Guidelines for single-family
residences (45 dBA,Ldn or CNEL).
>J:\DEV\SUZANNEIEnvironmentaJRevIMit-MonitorILGB371.doc
4
Director of
Community
Development
During
construction
TOWN COUNCIL -MAY 4,2009
REQUIRED FINDINGS FOR:
371 Los Gatos Boulevard
Planned Development PD-07-143
Architecture and Site Application S-07-159
Negative Declaration ND-07-145
Requesting approval to demolish an existing convalescent hospital and three pre-1941 single family
residences and approval of a Planned Development to change the zone from R-1D:LHP to R-
1D:LHP:PD &RM:5-'12:LHP:PD to construct 19 new residences and renovate the historic Thrash
house (total of20 units),No significant environmental impacts have been identified as a result of
tins project and a Mitigated Negative Declaration is recommended.APN 529-22-044
PROPERTY OWNER:Thrash House Investors
APPLlCANT:Santa Clara Development Co.
FINDINGS:
Required consistency with the Town S General Plan:
•That the proposed Zone Change is internally consistent with the General Plan and its Elements.
N :\DEV\FINDINGS\2009\LGIB71-PD.DOC
Attachment 26
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R-ID:LHP TO R-ID:LHP:PD &RM:5-12:PD FOR PROPERTY
FOR PROPERTY LOCATED AT
371 LOS GATOS BOULEVARD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 371 Los Gatos Boulevard (Santa Clara County Assessor Parcel Number 529-22-044)as
shown on the map attached hereto as Exhibit A,and is part of this Ordinance,from R-lD:LHP
(Single-Family Residential Downtown,Landmark Historic Preservation)to R-lD:LHP:PD (Single-
Family Residential Downtown,Landmark Historic Preservation,Planned Development)and RM::5-
l2:PD (Multiple-Family Residential,Planned Development).
SECTION II
The PD (Planned Development Overlay)zone established by this Ordinance authorizes the
following construction and use of improvements:
1.Demolition ofthree pre-l 941 single-family residences and a convalescent facility.
2.Renovation and expansion of the Historic Thrash House.
3.Construction of sixteen (16)market rate single familyresidences and two (2)Below Market
Price (BMP)residences.
4.Landscaping,private street,parking and other improvements shown and required on the
Official Development Plan.
5.Uses permitted are those specified in the RM (Multiple-Family Residential)zone by Sections
29.40.610 (Permitted Uses)and 29.20.185 (Conditional Uses)ofthe Zoning Ordinance,as
those sections exist at the time ofthe adoption of this Ordinance,or as they may be amended
in the future.However,no use listed in Section 29.20.185 is allowed unless specifically
authorized by this Ordinance,or by a Conditional Use Permit
Page 1 of18
Attachment 27
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply,except when the Official Development Plan
specifically shows otherwise.
SECTIONN
Architecture and Site Approval is required before construction work for the new single-
family residences and the renovation and expansion ofthe Thrash House,whether or not a permit is
required for the work and before any pennit for construction is issued.Construction permits shall
only be in a manner complying with Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map),and Exhibit B (Official Development Plans),are part ofthe
Official Development Plan.The following conditions mustbe complied with before issuance of any
grading,or construction pennits (mitigation measures are so noted and are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I.OFFICIAL DEVELOPMENT PLANS.The Official Development Plans provided are
conceptual in nature.Final building footprints and building designs shall be detennined
dming the Architecture and Site approval process.Colors and building materials shown on
the Official Development Plan are not approved and shall be reviewed dming the
Architectural and Site approval process.The Development Review Committee may be the
deciding body for the Architecture and Site applications.
2.TOWN INDEMNITY.Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a pennit or entitlement ii-Oln the Town shall defend,
indemnify,and hold hannless the Town and its officials in any action brought by a third party
to overtum,set aside,or void the pennit or entitlement.This requirement is a condition of
approval of all such pennits and entitlements whether or not expressly set forth in the
approval,and may be secured to the satisfaction of the Town Attorney.
Page 2 of 18
3.ARCHITECTURE AND SITE APPROVAL REQUIRED.A separate Architecture and Site
application and approval is required for each of the single-family residences and the
expansion and renovation ofthe Thrash House.Architectural details shall be refined as part
ofthis process with input from the Town's Consulting Architect.The Development Review
Committee may be the deciding body for the Architecture and Site applications.
4.SUBDIVISION REQUIRED.A tentative map application shall be approved for the project
prior to the issuance ofbuilding permits.The Development Review Committee may be the
deciding body of the tentative map.
5.BELOW MARKET PRICE (BMP)UNITS.The developer shall provide two (2)BMP units
A deed restriction shall be recorded prior to the issuance of any building permits,stating that
the BMP residences must be sold and maintained as below market price units pursuant to the
Town's BMP Ordinance and requirements.
6.FINAL LANDSCAPE PLAN.A final landscape plan shall be reviewed by the Town's
Consulting Arborist and approved as part of the Architecture and Site process.Minimum
tree size at time of planting shall be 24-inch box.
7.WATER CONSERVATION ORDINANCE REQUIREMENT.The proposed landscaping
shall meet the Town of Los Gatos Water Conservation Ordinance.A review fee based on the
current fee schedule adopted by the Town Council is required when working landscape and
irrigation plans are submitted for review prior to the issuance of a building permit.
8.SETBACKS.The minimum setbacks are those specified by the RM zoning district or as
otherwise shown on the Conceptual Development Plans.
9.BUILDING HEIGHT.The maximum height ofthe new single-family residences shall be 30
feet with the exception of Plan 1 which may be up to 31 feet.The maximum height for
detached garages shall be 15 feet,except for lots 13 and 16 which will have a studio and may
be up to 21 feet 6 inches.
10.STUDIOS.The studios over garages on lots 13 and 16 shall not be rented. A deed
restriction shall be recorded stating this limitation,prior to issuance of building permits.
11.OUTDOOR LIGHTING.All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties to shine on the project site only.Lighting shall be
the minimum needed for pedestrian safety and security.Lighting specifications shall be
reviewed as part of the Architecture and Site process.
Page 3 of18
12.*BIOLOGlCAL RESOURCES MITIGATION MEASURE.All recommendations of the
Town's Consulting Arborist shall be implemented to eliminate or minimize the constmction-
related impacts on the trees to be retained.Refer to the report prepared by Arbor Resources
dated December 11,2008 for details.
13.TREE REMOVAL PERMIT.A Tree Removal Petmit shall be obtained for trees approved
for removal prior to the issuance of demolition pennits.
14.REPLACEMENT TREES,New trees shall be planted to mitigate the loss of trees being
removed.The number and size shall be determined using the canopy replacement table in
the Tree Protection Ordinance.
15.TREE FENCING.Protective tree fencing shall be placed at the drip line of existing h'ees and
shall remain through all phases of construction.Fencing shall be six foot high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart.Include a tree protection fencing plan with the conshuction plans.
16.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 ofmaterial,
shall be submitted to the Town prior to the Towns demolition inspection.
17.FINAL UTILITY LOCATIONS.The applicant shall submit plans showing the final
locations and screening of all exterior utilities,including but not limited to,backflow
preventers,Fire Department cOlmections,transfonners,utility boxes and utility meters.
Utility devices shall be screened to the satisfaction of the Director of Community
Development.The plans shall be submitted for review and approval prior to issuance of
building permits for new construction.
18.*HISTORICAL RESOURCES MITGATION MEASURE-I.A general note conveying the
overall intent of Standard 6 shall be included in the construction documents and the
individual drawing notes shall be clarified to specifically address replacement of histOlic
features (Standard 6).
19.*HISTORICAL RESOURCES MITGATION MEASURE-2.Proposed materials shall be
specified during the construction document phase and reviewed as part ofthe ongoing design
review and approval process (Standard 9).
Page 4 ofl8
20.HISTORIC PRESERVATION.The following modifications shall be incorporated into the
final plans for the Thrash House renovation:
a.The siding on the addition shall match the existing siding.
b.The chimney material shall be changed to brick.
21.*ARCHAEOLOGICAL RESOURCES MITGATION MEASURE-I.In the event that
archaeological traces are encountered,all construction within a 20-foot radius of the find
shall be halted,the COlmnunity Development Director shall be notified,and an archaeologist
shall be retained to examine the find and make appropriate recommendations.
22.*ARCHAEOLOGICAL RESOURCES MITGATION MEASURE-2.Mitigation can take the
form of additional data retrieval through hand excavation combined with archaeological
monitoring of all additional soil removal inside the zone of archaeological sensitivity to
ensure that significant cultural resources are recorded and/or removed for further analysis
before work is allowed to recommence.
23.*NOISE MITGATION MEASURE-I.To minimize construction noise impacts on existing
adjacent residences,existing boundary fencing shall be retained throughout the noisier
earthmoving phase of construction or proposed fencing shall be constructed as early as
possible (prior to project grading activities if feasible).To maximize the fence noise
attenuation effects,proposed fencing shall be solid with are no gaps,cracks,or openings
(e.g.,high quality air-tight tongue-and-groove,board and batten,or shiplap design).
24.*NOISE MITGATION MEASURE-2.To the extent feasible,outdoor use areas associated
with project homes on Caldwell Avenue and Los Gatos Boulevard shall be protected with
fencing so that outdoor noise levels meet the Town's 55-dBA outdoor noise goal.
Building Division
25.DEMOLITION REQUIREMENTS:Obtain a Demolition Application and a Bay Area Air
Quality Management Application from the Building Service Counter.Once the demolition
form has been completed,all signatures obtained,and written verification from PG&E that
all utilities have been disconnected,return the completed from to the Building Depamnent
Service Counter with the J#Certificate,PG&E verification,and three (3)sets of site plans to
include all existing structures,existing utility service lines such as water,sewer,and PG&E.
No demolition work shall be done without first obtaining a permit from the Town.
Page 5 of 18
26.STREET NAMES &HOUSE NUMBERS:Submit requests for new street names and house
numbers to the Building Division prior to submitting for the building pennit application
process.
27.*HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE-I.The
abandoned septic tank and its contents shall be removed from the site.Soil beneath the septic
tank shall be tested for TPH and any contaminated soil shall be removed.
28.*HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE-2.Prior to
renovation or demolition activities,a demolition-level survey of asbestos and lead-based
paints shall be conducted at the property and materials found to contain asbestos or lead-
based paints shall be properly abated.
29.*HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE-3.Prior to
issuance of the building permit,identified hazardous materials/waste that were associated
with the fonner hospital use and automotive batteries in the Thrash House shall be properly
disposed of.
30.*HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE-4.Aged light
ballasts and other electrical equipment that are removed as part of proposed demolition of
existing structures on the site shall be evaluated for the presence of PCBs and managed
appropriately.
31.*NOISE MITGATION MEASURE-3. Mechanical ventilation (fresh air supply systems)or
air conditioning shall be provided in project homes located adjacent to Los Gatos Boulevard
as necessary to ensure that interior noise levels meet State Land Use Compatibility Noise
Guidelines for single-family residences (45 dBA,Ldn or CNEL).
TO THE SATISFACTION OF THE DIRECTOR OF PARKS &PUBLIC WORKS:
Engineering Division
32.*GEOLOGY AND SOILS MITIGATION MEASURE.The recommendations of the
geotechnical report by Donald E.Banta &Associates,Inc.in April 2007 shall be
implemented.These recommendations address site preparation,earthwork operations,
drainage,and foundations.
33.DEVELOPMENT AGREEMENT.The Applicant shall enter an agreement to consh'uct
public improvements in accordance with Town Code §24.40.020.
Page 6 ofl8
34.PUBLIC IMPROVEMENT SECURITY.The applicant shall supply suitable securities for
all public improvements that are a part ofthe development in a foun acceptable to the Town
in the amount of 100%(performance)and 100%(labor and material)plior to issuance ofany
pelmit.Applicant shall provide two (2)copies of documents verifYing the cost ofthe public
improvements to the satisfaction of the Engineering Division of the Parks and Public Works
Department.
35.UTILITY COMPANY REVIEW.Letters from the electric,telephone,cable,and trash
companies indicating that the proposed improvements and easements are acceptable shall be
provided prior to recordation of the final map.
36.ABOVE GROUND UTILITIES.The applicant shall submit a 75-percent progress printing
to the Town for review of above ground utilities including backflow prevention devices,fire
department connections,gas and water meters,off-street valve boxes,hydrants,site lighting,
electrical/cOlmnunication/cable boxes,transfOlmers,and mail boxes.Above ground utilities
shall be reviewed and approved by Connnunity Development prior to issuance of any pem1it.
37.PRIVATE EASEMENTS.Agreements detailing rights,limitations,and responsibilities of
involved parties shall accompany each private easement.The easements and associated
agreements shall be recorded simultaneously with the final map.
38.SITE SUPERVISION.The General Contractor shall provide qualified supervision on the job
site at all times during construction.
39.GRADING PERMIT.A grading pennit 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 and intcrim
erosion control.Grading plans shall list eatihwork quantities and a table of existing and
proposed impervious areas.Unless specifically allowed by the Director ofParks and Public
Works,the grading pennit will be issued concun'ently with the building permit.The grading
permit is for work outside the building footplint(s).A separate building permit,issued by the
Building Department on E.Main Street is needed for grading within the building footprint.
40.TREE REMOVAL.Copies of all necessary h'ee removal pennits shall be provided prior to
issuance of a grading pennit.
Page 7 of 18
41.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
42.RETAINING WALLS.A building pennit,issued by the Building Department at 110 E.
Main Street,may be required for site retaining walls.Walls are not reviewed or approved by
the Engineering Division of Parks and Public Works dming the grading permit plan review
process.
43.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 repmi,and recommend appropliate 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.
44.PAD CERTIFICATION.A letter from a licensed land surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure.
The pad certification shall address both vertical and horizontal foundation placement.
45.PRECONSTRUCTION MEETING.Prior to issuance of any permit or the commencement
of any site work,the general contractor shall:
a.Along with the project applicant,attend a pre-construction meeting with the Town
Engineer to discuss the project conditions of approval,working hOUTS,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 ofthe project conditions
of approval will be posted on site at all times dming construction.
Page 8 of 18
46.SOILS REPORT.One copy of the soils and geologic report shall be submitted with the
grading permit application.The soils report shall include specific critelia 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 confonnance
with Section 673 5 of the California Business and Professions Code.
47.SOILS REVIEW.Plior 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.
48.DEMOLITION.Existing buildings crossing future lot lines shall be demolished plior to
recordation of the final map.
49.FINAL TRACT MAP.A final track map shall be recorded.Two copies of the final track
map shall be submitted to the Engineeling Division of the Parks &Public Works Depamnent
for review and approval.Submittal shall include closure calculations,title repOlis and
appropriate fee.The map shall be recorded before any permits are issued.
50.DEDICATIONS.The following shall be dedicated on the final parcel map or by separate
inshument.The dedication shall be recorded before any permits are issued.
a.Additional RIW and easements to accommodate future widening of Los Gatos Blvd.
and Caldwell Ave.as required.
51.INTERSECTION IMPROVEMENTS.Applicant will construct improvements to relocate
the existing cross walk crossing Los Gatos Blvd fi'om the South side of Caldwell Ave.to the
North side of Kennedy Road.Improvements to include installation or modification of
facilities including all signage,striping,ADA ramps,pedestrian signal heads and controller
cabinet as required.
52.JOINT TRENCH PLANS.Joint trench plans shall be reviewed and approved by the Town
prior to recordation of a map.The joint trench plans shall include street and/or site lighting
and associated photomehics.A letter shall be provided by PG&E stating that public sh'eet
light billing will by Rule LS2A,and that private lights shall be metered with billing to the
homeowners association.Pole numbers,assigned by PG&E,shall be clearly delineated on
the plans.
Page 9 of18
53.STREET LIGHTS.Photometric design and proposed locations of future streetlights to be
reviewed and approved prior to issuance of any permit.
54.WATER DESIGN.Water plans prepared by SJWC must be reviewed and approved pliorto
issuance of any permit.
55.PUBLIC IMPROVEMENTS.The following improvements shall be installed by the
developer.Plans for those improvements shall be prepared by a Califomia registered civil
engineer,reviewed and approved by the Town,and guaranteed by contract,Faithful
Perfonnance Security and Labor &Materials Security before the issuance of a building
pennit or the recordation of a map.The improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued.
a.Curb,gutter,sidewalk,ADA curb ramps,street lights,tie-in paving,signing,sniping,
storm drainage and sanitary sewers,as required.
56.PUBLIC IMPROVEMENT PLANS.Plan and profile sheets shall be provided for Private
Street and Caldwell Ave dnring Improvement Plan review.
57.INDEMNITY AGREEMENT.An indemnity agreement to the Town of Los Gatos shall be
required for any non-standard construction in the Public Right ofWay (i.e.walls,intersection
details,steps,etc.).
58.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 ofthe
Town before altered work is started.Any approved changes shall be incorporated into the
final "as-built"drawings.
59.GENERAL.All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications.All work shall confonn 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 stOling of goods and materials on the sidewalk and/or the street will
not be allowed unless a special pelmit is issued.The developer's representative in charge
shall be at the job site dming 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.
Page 10 of 18
60.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 (N0l)and StOlID 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
stabilizinglbuilding 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 benns,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 No.
R2-2005-0035 of the amended Santa Clara County NPDES Permit.
61.DUST CONTROL.Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,and
by landscaping disturbed soils as soon as possible.Further,water trucks shall be present and
in use at the construction site.All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town,or a minimum of three times daily,or
apply (non-toxic)soil stabilizers on all unpaved access roads,parking areas,and staging
areas at construction sites in order to insure proper control ofblowing dust for the duration of
the project.Watering on public streets shall not occur.Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer,or at least once a
day.Watering associated with on-site construction activity shall take place between the
hours of 8 a.m.and 5 p.m.and shall include at least one late-afternoon watering to minimize
the effects of blowing dust.All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of
the Town.Demolition or emihwork activities shall be halted when wind speeds
(instantaneous gusts)exceed 25 MPH.All trucks hauling soil,sand,or other loose deblis
shall be covered.
Page 11 of 18
62.CONSTRUCTION MANAGEMENT PLAN.The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Emih Movement Plan,Traffic
Conh·ol Plan,Project Schedule,site security fencing,employee parking,constmction staging
area,construction trailer,and proposed outhouse locations.
63.CONSTRUCTION STREET PARKlNG.No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000)pounds shall be allowed to park on the
portion of a street that abuts property in a residential zone without prior approval from the
Town Engineer (§15.40.070).
64.ENCROACHMENT PERMIT.All work m the public right-of-way will reqUlre a
Construction Encroachment Pennit.
65.PUBLIC WORICS INSPECTIONS.The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24)hours before starting any work pertaining to
on-site drainage facilities,grading or paving,and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
66.SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No through curb
drains will be allowed without the approval of the Town Engineer
67.NPDES.On-site drainage systems shall include a filtration device such as a bio-swale,
penneable pavement,or other approved equivalent.Specific on-lot systems to be reviewed
and approved in subsequent approvals.
68.STORM WATER MANAGEMENT PLAN.A storm water management shall be included
with the grading pennit application for all Group I and Group 2 projects as defined in the
amended provisions C.3.d.of Order No.R2-2005-0035 ofthe amended Santa Clara County
NPDES Pennit No.CAS029718.The plan shall delineate source control measures and
BMP's together with the sizing calculations.The plan shall be certified by a professional pre-
qualified by the Town.In the event that StOiTIl water measures proposed on the Platming
approval differ significantly from those celiified on the Building/Grading Pennit,the Town
may require a modification ofthe Plamling approval prior to release of the Building PelTIlit.
The applicant may elect to have the Planning submittal certified to avoid this possibility.
Page 12 of 18
69.AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS.111eproperty owner*homeowner's
association shall enter into an agreement with the Town for maintenance ofthe stonnwater
filtration devices required to be installed on this project by Town's Stonnwater Discharge
Pennit No.CAS029718 and modified by Order No.R2-2005-0035.The agreement will
specifY that certain routine maintenance shall be perfonned by the property
owner*homeowner's association and will specifY device maintenance reporting
requirements.The agreement will also specifY routine inspection requirements,pelmits and
payment offees.The agreement shall be recorded prior to release of any occupancypennits.
70.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 constmction debris SHALL NOT be washed into
the Town's stonn drains.
71.UTILITIES.The developer shall install all utility services,including telephone,elecuic
power and all other communications lines underground,as required by Town Code
§27 .50.015(b).All new utility services shall be placed underground.Underground conduit
shall be provided for cable television service.
72.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
Engineeling Consuuction 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 constmction to velifY existing conditions.
73.SIDEWALK REPAIR.The developer shall repair and replace to existing Town standards
any sidewalk damaged now or dUling construction of this project.Sidewalk repair shall
match existing color,texUu'e and design,and shall be constmcted per Town Standard Details.
The limits of sidewalk repair will be detemlined by the Engineering Construction Inspector
during the construction phase of the project.
Page 13 of 18
74.CURB AND GUTTER.The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction ofthis project.New curb and gutter
shall he constructed per Town Standard Details.The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
7S.STREET RESURFACING.Resurfacing of Caldwell Ave (half-street)along project frontage
shall be required.Slurry seal,overlay or other methods to be detennined by Engineering
Construction hlspector and Town Engineer.
76.PRIVATE STREET SIDEWALK.The intemal private sidewalk shall be ADA compliant.
77.DRIVEWAY APPROACH.The developer shall installS (five)Town standard residential
approaches.The new driveway approach shall be constructed per Town Standard Details or
detailed on plans and approved by Town Engineer.
78.CURB RAMPS.The developer shall construct 2 (two)curb ramps at the entrance to the
development and I (one)curb ramp at the project comer of Caldwell Avenue &Los Gatos
Boulevard in compliance with ADA Standards.
79.FENCING.Any fencing proposed within 200-feet of an intersection shall comply with Town
Code Section §23.10.080.
80.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 ofthe 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 infonnation and shall confonn
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 AntoCAD version 2000 or higher.
Page 14 of 18
81.SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtmes which have
flood level rims less than twelve (12)inches (304.8 mm)above the elevation of the next
npstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve.Fixtures above such elevation shall not discharge through the
backwater valve,unless first approved by the Administrative (Sec.6.50.025).The Town shall
not incm any liability or responsibility for damage resultingfi"om a sewer overflow where the
property owner or other person has failed to install a backwater valve,as defined section
103(e)of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and
maintain such device in a functional operating condition.Evidence ofWest Valley Sanitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building pennit.
82.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.
83.CONSTRUCTION NOISE.Between the hours of8:00 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 structUTe on the property,
the measmement 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.
84.GOOD HOUSEKEEPING.Good housekeeping practices shall be observed at all times
during the course of construction.Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.The
storing of goods and/or matelials on the sidewalk and/or the street will not be allowedunless
a special pennit is issued by the Engineering Division.
85.COVERED TRUCKS:All h'ncks transp011ing materials to and from the site shall be covered.
86.HAULING OF SOIL.Hauling of soil on or off-site shall not occur during the moming or
evening peak periods (between 7:00 a.m.and 9:00 a.m.and between 4:00 p.m.and 6:00
p.m.).Prior to the issuance of a building permit,the developer shall work with the Town
Page 15 of18
Building and Engineering Department Engineering Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or offthe project
site.This may include,but is not limited to provisions for the developer/owner to place
construction notification signs noting the dates and time of constmction and hauling
activities,or providing additional traffic control.Cover all tmcks hauling soil,sand,and
other loose debris or require all trucks to maintain at least two feet of freeboard.
87.EXISTING EASEMENTS.All existing easements quitclaims shall be completed prior to
Final Map approval.
88.NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN:The applicant shall
initiate a weekly neighborhood e-mail notification program to provide project status updates.
The e-mail notices will also be posted on a bulletin board placed in a prominent location
along the project pelimeter.
89.PERMIT ISSUANCE:Permits for each phase;reclamation,landscape,and grading,shall be
issued simultaneously.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
90.REQUIRED FIRE FLOW.The required fire flow for the project is 2,500 GPM at 20 psi
residual pressure.
91.AUTOMATIC FIRE SPRINKLER SYSTEM.An approved automatic fire sprinkler system
is required for all buildings requiring a fire flow in excess of 2,000 GPM.,hydraulically
designed per National Fire Protection Association (NFPA)Standard #13D. A State of
California licensed fire protection contractor shall submit plans,calculations a completed
permi t application and appropriate fees to the Fire Department for review and approval,prior
to beginning work.It has been determined that the Thrash House will require a full
automatic fire sprinkler system.
92.FIRE APPARATUS (ENGINE)ACCESS ROADS.Provide access roadways with a paved
all weather surface and a minimum unobstmcted width of 20 feet,vertical clearance of 13
feet 6 inches,minimum circulating turning radius of3 6 feet outside and 23 feet inside,and a
maximnm slope of 15%.Installations shall confonll with Fire Department Standard Details
and Specifications A-I.
Page 16 of18
93.TIMING OF REQUIRED W ATER SUPPLY INSTALLATIONS.Installations of required
fire services and hydrants shall be tested and accepted by the Fire Department prior to start of
framing or delivery of bulk combustible materials.Building pennit issuance may be
withheld until required installations are completed,tested and accepted.
94.PUBLIC FIRE HYDRANT.Provide public fire hydrants at locations to be detennined
jointly by the Fire Department and San Jose Water Company.Maximum fire hydrant
spacing shall be 500 feet with a minimum single hydrant flow of 2500 GPM at 20 psi,
residual.
95.FIRE HYDRANT LOCATION IDENTIFIER.PriOlo to final inspection the general conh'actor
shall ensure that an approved fire hydrant location identifier ("blue dot")has been placed in
the roadway for each new hydrant as directed by the Fire Department.
96.FIRE DEPARTMENT (ENGINE)ROADWAY TURNAROUND REQUIRED.Provide an
approved Fire Department engine roadway tumaround with a minimum radius of 36 feet
outside and 23 feet inside.Installations shall confOllli with Fire Depmiment Standard Details
and Specification sheet A-I.
97.TIMING OF REQUIRED ROADWAY INSTALLATIONS.Required access roads.Up
through the first lift of asphalt,shall be installed and accepted by the Fire Depmiment prior to
the start of combustible construction.During construction,emergency access roads shall be
maintained clear and unimpeded.Building pennit issuance may be held up until installations
are completed.
98.FIRE LANE MARKING REQUIRED.Provide mm'king in confonnm1ce with Firc
Department requirements for all roadways within the project.Installations shall conform to
Local Government Standards and Fire Deparnnent Stmldm'd Details and Specifications A-6 ..
99.PARKING ALONG ROADWAYS.The required fire access road shall not be obstmcted in
any manner and parking shall not be allowed along roadways less than 28 feet wide.Parking
is pennitted along one side of roadways 28-35 feet in width.For roadways equal to or
greater than 26 feet,parking will be allowed on both sides.Roadways widths shall be
measured curb to curb face with parking space based on an eight foot width.
100.PREMISE IDENTIFICATION.Approved numbers or addresses shall be placed on all new
and buildings in such a position as to be plainly visible and legible from the street or road
fronting the property.Numbers shall contrast with their background.
Page 17 of18
SECTION VI
This Ordinance was introduced at a regular meeting ofthe Town Council ofthe Town ofLos
Gatos on May 4,2009,and adopted by the following vote as an ordinance ofthe Town ofLos Gatos
at a meeting of the Town Council of the Town of Los Gatos on ,2009 and becomes
effective 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 ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
N:\DEV\ORDS\LG-SARA55-TC.DOC
Page 18 of 18
TOWN OF LOS GATOS
Application No.PD-07-143.A.P.N.#529-22-044
Change of zoning map amendin~the !ow~Z.oning Ord~nan~e..
!VI From.R-1.D.LHP To.RM.5-12.PD,
lC:J Zone Change R-1:D:LHP:PD
D Prezonin
Recommended by Planning Commission
Approved by Town Council Date:
Clerk Administrator Mayor
Date:March 11.2009
Ord:
Exhibit A