10 Staff Report - 15400 Los Gatos BoulevardDATE:
TO:
FROM:
COUNCIL AGENDA REPORT
June 9,2009
MAYOR AND TOWN COUNCIL
ORRY P.KORB,TOWN ATTORNEyO\L--
MEETING DATE:06-15-09
AGENDA ITEM:
[0
SUBJECT:ADOPT ORDINANCE APPROVING A ZONE CHANGE FROM CH TO
CH:PD FORA TWO STORY COMMERCIAL BUILDING WITH
UNDERGROUND PARKING.APN 424-15-045;PLANNED DEVELOPMENT
APPLICATION PD-07-146;NEGATIVE DECLARATION ND-08-06;
PROPERTY LOCATION:15400 LOS GATOS BOULEVARD;PROPERTY
OWNER:SI-IP NEWARK LLC;APPLICANT:KENNETH RODlUGUES &
PARTNERS
RECOMMENDATION:
Adopt ordinance approving a the Town Code effecting a zone change from cn to CI-I:PD for
property located at 15400 Los Gatos Blvd.
DISCUSSION:
On .June 1,2009,Council votcd to introducc an ordinance amending the Town Code to effect a
zonc change from CI-I to CI-I:PD for propcrty locatcd at 15400 Los Gatos Blvd.This ordinance
allows for a planncd development to construct a ncw connncrcial building on that property.
Adoption of the ordinancc completes Council's action on this matter.The ordinance illnending
thc Town Codc becomes effectivc 30 days aftcr adoption.
Council also gave thc following direction to staff and the Planning Conm1ission in rcvicwing the
subsequent Architecture ill1d Site application:
I.A Sccurity Plan for the undergrOlU1d pill'lcing shall bc submitted as part of the
Architccture and Site application.
2.Thc parapet of the first floor leg fronting Los Gatos Boulevard ill1d Gatcway Drive
shall not cxcccd nineteen feet.
Attaclm1cnts:Proposcd Ordinance
Map of Zonc Change
PREP ARED BY:ORRY P.K ORB,TOWN ATTORNBl)k:LM13fwp [N:\ATY\Resm &Ords\Rcpons\Rcpon Ord 15'100 l.G Blvd wpd]
Reviewed by:
Rev:6/9109 12:17 pm
Reformatted:7/19/99
own Manager --"--"-''--Assistant Tovm Manager
Finance Comll1unity Development
Clerk
Filc#301-05
I (6/512009)AiI88nLee-f540I5LGB.doe
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ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM CH TO CH:PD FOR PROPERTY AT
15400 LOS GATOS BOULEVARD (APN 424-15-045)
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 15400 Los Gatos Boulevard (Santa Clara COLmty Assessor Parcel Numbers 424-15-
045)as shown on the map attached hereto as Exhibit A,and is part of this Ordinance,from CH
(Restricted Highway Commercial)to CH:PD (Restricted Highway COlllillercial,Planned
Development).
SECTION II
The PD (Planned Development Overlay)zone established by this Ordinance authorizes
the following:
1.Construction of a 40,000 square foot two story commercial building.
2.Landscaping,parking,and other site improvements shown and required on the Official
Development Plml.
3.Uses permitted are those specified in the underlying CH (Restricted Highway
Commercial)zone by Sections 29.60.420 (Permitted Uses)and 29.20.185 (Conditional
Uses)of the Zoning Ordinance,as those sections exist at the time of the adoption of this
Ordinance,or as they may be amended in the fllture,subject to any restrictions or other
requirements specified elsewhere in this ordinance ineluding,but not limited to,the
Official Development Plan.However,no use listed in Section 29.20.185 is allowed
unless specifically authorized by this Ordinance,or by Conditional Use Permit.The first
floor shall contain a minimmTI of 8,500 square feet of retail or restaurant space in the
single story leg fronting on Los Gatos Boulevard.
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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
Architectme and Site approval is required before construction and site improvement
construction work is performed,whether or not a permit is required for the work and before any
permit for construction is issued.Construction permits shall only be in a manner complying with
Section 29.80.]30 of the Town Code.
SECTION V
The attached Exhibit A (Map),and Exhibit 13 (Official Development Plans),are part of
the Official Development Plan.The following conditions must be complied with before issuance
of any grading,or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL:This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Attachment 9 of the report to the Town Council for the June I,2009 meeting.Any changes
or modifications made to the approved plans shall be approved by the Director of Community
Development,Development Review Committee,Planning Commission or the Town Council,
depending on the scope of the change(s).
2.TOWN INDEMNITY:Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,indemnify,
and hold harmless the Town and its officials in any action brought by a third party to
overturn,set aside,or void the permit or entitlement.This requirement is a condition of
approval of all such permits ffild entitlements whether or not expressly set forth in the
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approval,and may be secured to the satisfaction of the Town Attorney.
3.ARCHITECTURE AND SITE REQUIRED:An Architecture and Site application and
approval is required for the proposed building,parking lot improvements,and other site
improvements.The Development Review Committee shall be the deciding body for the
Architecture and Site application.
4.HEIGl-IT:The height of the structure shall not exceed 36 feet and the height of the
architectural elements shall not exceed 39 feet.
5.REAR SETBACK:The rear setback along Carlton Avenue shall not be less than twenty feet.
6.BENEFIT ASSESSMENT DISTRICT:The property owner agrees to participate in the
Benefit Assessment Dish'ict for Los Gatos Boulevard should one be created by Town
Council.
7.DEMOLITION:The demolition of thc existing hazardous structures shall occur within 30
days of the adoption of this ordinance.
8.WATER CONSERVATION ORDINANCE REQUIREMENT.The proposed landscaping
shallmcet the Town of Los Gatos Water Conservation Ordinance.A review fee based on the
current fee schedule adopted by the Town Cowlcil is required when working lalldscape and
irrigation plans are submitted for review prior to the issuance of a building permit.
9.*BIOLOGICAL RESOURCES MITIGATION MEASURE #1:All recommendations made
by Arbor Rcsourccs shall be implcmented to eliminate or minimize the construction-rclated
impacts on the trees to be retained.Refer to the rep011 prepared by Arbor Resources dated
March 20,2008for details.
10.*CULTURAL RESOURCES MITIGATION MEASURE #1:Construction perso1lllel
involved in earth moving shall be alcl1ed to the potential for discovery of prehistoric
materials and in particular,concentrations of historic artifacts.Prehistoric archaeological
resources could include but not be limited to the following:darker than surrounding soils of a
friable nature,concentrations of stone,bone or fresh water shellfish,artifacts of these
materials,and evidence of fire (ash,charcoal,firc alcrted earth or rock)and of course,burials,
both human al1d al1imal.
II.'CULruRAL RESOURCES MITIGATION MEASURE #2:In the event that archaeological
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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 mchaeologist shall be retained to
examine the find and make appropriate recommendations.
12.*CULTURAL RESOURCES MITIGATION MEASURE #3:In the event that it appears
further earthmoving will affect a resource eligible for the California Register of Historic
Resources (CRI-IR),a plan for evaluation of the resource through limited hand excavation
should be submitted to the Town's Community Development Depmiment for approval.If
evaluative testing demonstrates that the project will affect a CRI-IR eligible resource,a plm1
for the mitigation of impacts to the resource should be submitted to the Community
Development Department for approval before construction is allowed inside the zone
designated as mchacologically scnsitive.
13.'CULTURAL RESOURCES MITIGATION MEASURE #4:If the Cot111nunity
Development Director finds that the archaeological find is not a significant resource,work
will resume only after the submittal of a prcliminary m'chaeological repoti and after
provisions for reburial md ongoing monitoring me accepted.Provisions for identifying
dcscendants of a deceased Native Americm md for reburial will follow the protocol set fotih
in CEQ A Guidelines Section 15064.5(e).If the site is f9und to be a significant
m-chaeological site,a mitigation program will be prepared and submitted to the Community
Development Director for consideration and approval,in conformance with the protocol set
forth in Public Resources Code Section 21083.2.
14.'CULTURAL RESOURCES MITIGATION MEASURE #5:A final repoti shall be preparcd
when a find is determined to be a significmt mchaeological site,and/or when Native
American remains are found on the site.The final repoti will include background
information on the completed work,a description and list of identified resources,the
disposition and curation of these resources,m1Y testing,other recovered information,and
conclusions.
15.'GEOLOGY AND SOILS MITIGATION MEASURE #1:Thc rccommcndations of the
geotecl1l1ical rcport by CEG in July 31,2008 shall be incorporated in the final construction
plans for the proposed project.These recommendations address site prepmation,emihwork
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operations,drainage,and fOlmdations.
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16.*HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1:The project
applicant and/or Town shall prepare a management plan to identify all suspected hazardous
materials and specify applicable regulations that would determine appropriate handling and
disposal of these materials.For suspected hazardous materials (contaminated soil and
grOlmdwater)that may be encountered during construction,the management plan shall
include contingency plans for site safety,worker protection,sampling and investigation,and
disposal and remediation;these shall be based on soil and groundwater sampling and testing
that have been completed to date.The management plan shall be filed with thc Town of Los
Gatos and all other jurisdictional agencies prior to issuance of the demolition and grading
permits.
17.*HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #2:If
groundwater is encountered during project construction and dewatering is required,the
project applicant shilll undertake sampling and testing of the encountered groundwater in
accordance with the contingency sampling and investigation plan as specified in Measure
#15.If groundwater is found to contain contaminants that exceed regulatory action levels,it
may not be discharged into the existing storm drainage system.Removal and handling of the
contaminated groundwater shall be done in a maImer acceptable to the R WQCB,the Town,
and other jurisdictional agencies.
18.COMPLIANCE MEMORANDUM:A memorandum shall be prepared and submitted with
the building permit and/or final subdivision map detailing how the Conditions of Approval
will be addressed.
Building Division
19.*HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3:A state
certified lead-based paint professional shall be retained to perform a lead-based paint survey
of the existing structures and the recommendations of the professional shall be followed for
abatement of any identified lead-based paint prior to demolition of the structures.
20.PERMITS REQUIRED:A building permit shall be required for the new commercial
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building.Separate permits are required for electrical,mechanical,and plumbing work as
necessary.
21.CONDITIONS OF APPROVAL:The Conditions of Approval must be blue-lined in full on
the cover sheet of the construction plans.A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
22.SIZE OF PLANS:For sets of construction plans,maximum size 24"x 36."
23.DEMOLITION REQUIREMENTS:Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management Application from the Building Department 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 Depmiment Service Counter with the J#Celiificate,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.
24.STREET NAMES,HOUSE &SUITE NUMBERS:Submit requests for new street names
and/or house numbers/suite munbers to the Building Division prior to submitting for the
building permit application process.
25.SOILS REPORT: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 mechmues.California Building Chapter 18.
26.SHORING:Shoring plans and calculations will be required for all excavations which exceed
four (4)feet in depth or which remove lateral support from any existing building,adjacent
property or the public right-of-way.Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cal/OSHA regulations.
27.BACKWATER VALVE:The scope of this project may require the installation of a smutmy
sewer backwater valve per Town Ordinance 6.50.025.Please provide information on the
plans if a backwater valve is required and the location of the installation.The Town of Los
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Gatos Ordinance and West Valley Sanitation District (WYSD)requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12-inches above the
elevation of the next upstream manhole.
28.TOWN FIREPLACE STANDARDS:New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905.Tree limbs shall be cut within 10-feet of
chimneys.
29.SPECIAL INSPECTIONS:When a special inspection is required by CBC Section 1701,the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permit.The Town Special
Inspection form must be completely filled-out,signcd by all requested pm1ies,and be blue-
lined on the construction plans.Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building.
30.NONPOINT SOURCE POLLUTION STANDARDS SHEET:The Town standard Santa
Clara COlUlty Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet
24x36)shall be part of the plan submittal as thc sccond page.The specification sheet is
available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print
for a fee.
31.PLANS:The construction plans shall be prepared under the dircct supcrvision of a liccnscd
architect or engineer.(Business and Professionals Codc Scction 5538)
32.APPROVALS REQUIRED:The project requires the following departments and agencIes
approval before issuing a building permit:
a.Community Development -Planning Division:Joel Paulson at (408)354-6879
b.Engineering/Parks &Public Works Dcpartment:Fletcher Parsons at 395-3460
c.Santa Clara County Fire Department:(408)378-4010
d.West Valley Sanitation District:(408)378-2407
e.Local School District:The Town will forward the papervvork to the appropriate
school district(s)for processing.A copy ofthc paid receipt is required prior to
permit issuance.
f.Bay Area Air Quality Management District:(415)771-6000
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33.TITLE 24 -COMMERCIAL:The building shall comply with the latest California Title 24
Accessibility Standards.
34.TITLE 24 -RESTAURANT USE:Proper size grease trap shall be required for any restaurant
use.The following agencies will review the grease trap requirements before issuance of the
building permit:
a.West Valley Sanitation District (WVSD):(408)378-2408
b.Environmental Health Depariment:(408)885-4200
c.Town Public Works Department:(408)399-7530
35.FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer or
land survcyor shall be submitted to thc project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
repmi;and,the building pad elevation,on-site retaining wall locations and elevations are
prepared according to approved plans.Horizontal and veliical controls shall be set and
celiified by a licensed surveyor or registered civil engineer for the following itcms:
a.Building pad elevation
b.Finish floor elcvation
c.Foundation corner locations
d.Retaining Walls
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
36.*TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1:The southbound left-
turn lane at Los Gatos Boulevard/Village Square intersection shall bc extcndcd to a minimum
of200 feet to accommodate the potential queue from project related left-turn movements.
37.*TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2:The applicant shall
conh'ibute to the addition of a second eastbound left-turn lane at the Los Gatos
Boulevard/Blossom Hill Road intersection for its incremental share of impact as detcrmined
hy the Town Engineer.
38.GRADING PERMIT.A grading pcrmit is required for site grading and drainage.The
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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 interim erosion
controL Grading plans shall list eatihwork 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
Depatiment on E.Main Street is needed for grading within the building footprint.
39.PAD CERTIFICATION.A letter from a licensed lat1d survcyor shall be provided stating that
the building foundation was constructcd in accordat1cc with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure.
The pad certification shall address both veliical and horizontal foundation placement.
40.PRECONSTRUCTION MEETING.Prior to issuancc of any permit or the commencement of
any site work,the general contractor shall:
a.Along with the project applicant,attend a pre-construction mceting with the Town
Engineer to discuss the project conditions of approval,working hours,site
maintenance atld other constnlction matters;
b.Acknowledge in writing that they have read and understand the project conditions
of approval,at1d will make certain that all project sub-contractors have read and
Imderstand them prior to commencing work at1d that a copy of the project
conditions of approval will be posted on site at all times during construction.
41.RETAINING WALLS.A building permit,issued by the Building Department at 110 E.Main
Street,may be rcquircd for site retaining walls.Walls are not reviewed or approved by thc
Engineering Division of Parks and Public Works during the grading permit plat1 rcvicw
process.
42.SOILS REPORT.One copy of thc soils and gcologic repOli shall bc submitted with the
grading permit application.A geotechnical review to determine the potential for fault grolmd
rupture is requircd.Geotechnical Engineer must review and submit a report on the mappcd
faults in the mea of the project and evaluate the potential for fault ground rupture and
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seismically induced liquefaction.The soils repmi shall inelude specific criteria and standards
governing site grading,drainage,pavement design,retaining wall design and erosion control.
The repmis shall be signed and "wet stamped"by the engineer or geologist,in conformance
with Section 6735 of the California Business and Professions Code.
43.SOILS REVIEW.Prior to issuance of any permit,the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations,retaining walls,
site grading,and site drainage are in accordance with their recommendations and the peer
review COimnents.The applicant's soils engineer's approval shall then be conveyed to the
Town either by letter or by signing the plans.
44.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.Thc improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued.
45.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL)Traffic study is required.The
developer shall pay a fee propmiional to the project's share of transportation improvement
nccdcd to serve cumulative developmcnt 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 are made.The fee shall be paid before the building permit is issued.The traffic
impact mitigation fee for this proj cct,using the current fee schedule and the preliminary plans
is $184,633.00.The final fee shall be calculated fi-om the final plans using the rate schedule
in effect at the time of the building permit application.
46.LOS GATOS BOULEVARD/GATEWAY DRIVE IMPROVEMENTS:Replace existing
non-LED signals with LED signals.Replace existing 8-inch signal heads with 12-inch signal
hcads.Replace existing pedestrian signal heads with LED pedestrian countdown heads.
Replace non-ADA pedestrian push buttons with ADA compliant push buttons.Install video
detection for northbound and southbound Los Gatos Boulevard.Replace existing safety
lighting fixturc with LED lighting fixture.Construct an ADA wheelchair ramp at the projcct
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corner of the intersection.
47.LOS GATOS BOULEVARDNILLAGE SQUARE SHOPPING CENTER
IMPROVEMENTS:Extend the southbound left-turn pocket on Los Gatos Boulevard at the
Village Square Shopping Center to a total length of 220 feet of storage plus an 80-foot
transition.Install a video detection for the extended left-turn pocket.
48.LOS GATOS BOULEVARD/BLOSSOM HILL ROAD MITIGATION FEE:Prior to
issuance of a Building Permit,the developer shall contribute toward the future construction
of a second left-turn lane for eastbound Blossom Hill Road.Actual contribution will be
calculated at the timc of building permit application.
49.LARK AVENUE/LOS GATOS BOULEVARD MITIGATION FEE:Prior to issuance of a
Building Permit,thc dcveloper shall pay a proportional share of thc project specific
intersection mitigation costs.Actual cost will calculated at the time of building permit
application.
50.IMPROVEMENTS:Install a pedestrian crosswalk on thc wcst lcg of the Gateway/Carlton
intcrscction.
51.IMPROVEMENTS:Bicyele Pm-king Facilities.Install bicycle parking facilities on-site per
VTA's requirement.
52.GENERAL.All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standm-d 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 i:md 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 representativc 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 pcrforming the required maintenance at
the developer's cxpense.
53.ENCROACHMENT PERMIT.All work in the public right-of~way will rcqmre a
Construction Encroachment Permit.All work over $5,000 will require construction security.
54.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notify the
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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.
55.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 (NO!)and Storm Water Pollution Prevention Plan (SWPPP)shall be snbmitted to the
San Francisco Bay Regional Water Quality Control Board for projects disturbing more than
one acre.A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during thc 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 bc 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.
56.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 p011ions 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,pm'king areas,and staging areas
at construction sites 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 hm1d 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.m1d 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
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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.
57.CONSTRUCTION STREET PARKING.No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (l0,000)pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from the
Town Engineer (§15.40.070).
58,SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No through curb
drains wi II be allowed.
59.NPDES.On-site drainagc systems shall include a filtration device such as a bio-swale or
permeable pavement.
60.STORM WATER MANAGEMENT PLAN.A storm water management shall be included
with the grading permit application for all Group 1 and Group 2 projects as dcfined in the.
amended provisions C.3.d.of Order No.R2-2005-0035 of the amendcd Santa Clara County
NPDES Permit No.CAS029718.The plan shall delineate source control measures and
BMP's together with thc sizing calculations.The plan shall be celiified by a professional pre-
qualified by thc Town.In the event that storm water measures proposcd on the Planning
approval differ significantly Ii-om those celiified on the Building/Grading Pennit,the Town
may require a modification of the Planning approval prior to release of the Building Permit.
The applicant may elect to have the Plmming submittal celiified to avoid this possibility.
61.AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION
AND MAINTENANCE OBLIGATIONS.The property owner shall enter into an agreement
with the Town for maintenance of the stormwater filtration devices required to be installed on
this project by Town's Stormwater Discharge Permit No.CAS029718 and modified by Order
No.R2-2005-0035.The agreement will specify that certain routine maintenance shall be
performed by the property owner mld will specify devicc maintenance repOliing
requirements.The agreement will also specify routine inspection requircments,permits and
payment of fees.The agrccment shall be recorded prior to release of any occupancy permits.
62.SILT AND MUD IN PUBLIC RIGHT-OF-WAY.It is the responsibility of contractor and
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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,
63,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.Underground conduit
shall 'be provided for cable television service.
64.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shall repair or replace all
existing improvements not designated for removal that arc damaged or removed because of
developer's operations.Improvements such as,but not limited to:curbs,gutters,sidcwalks,
driveways,signs,pavcments,raised pavement markers,thermoplastic pavemcnt 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 stmi ofconstruction to verify existing conditions,
65.SIDEWALK REPAIR.The developer shall repair mld replace to existing Town standards
any sidewalk damaged now or during construction of this project.Sidewalk repair shall
match existing color,texture and design,and shall be constructed per Town Standard Details.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project.
66.CURB AND GUTTER.The developer shall repair and replace to existing Town standards
My curb and gutter damaged now or during construction of this project.New curb and gutter
shall be constructed per Town Stmldard Details.The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
67.DRIVEWAY APPROACH.The developer shall install one (I)Town standmd commercial
driveway approach.The new driveway approach shall be constructcd per Town Standmd
Details.
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68.CURB RAMPS.The developer shall construct one (1)curb ramp(s)according to State
Standard Drawings at the crosswalk at Los Gatos Blvd.and Gate'way Drive.The actual
"Case"as shown on the standard to be used will be decided by the Engineering Construction
Inspector during the construction phase of the project.
69.FENCING.Any fencing proposed within 200-feet of an intersection shall comply with Town
Code Section §23.10.080.
70.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley
Sanitation District and approv~d by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean-out at the property line.
71.SANITARY SEWER BACKWATER VAL VB.Drainage piping serving fixtures which have
llood level rims less than twelve (12)inches (304.8 mm)above the elevation of the next
upstream manhole and/or llushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backllow of sewage by installing an approved
type backwater valve.Fixtures above such clevation shall not discharge through the
backwater valve,lmless first approved by the Administrative (Sec.6.50.025).The Town shall
not incur any liability or responsibility for damage resulting from 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 of West Valley Sanitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building penni t.
n.OUTDOOR TRASH ENCLOSURES.Outdoor trash enclosures shall be covered.Provide a
sanitary sewer connection to the trash enclosure if a restaurant is proposed.
73.GREASE TRAPS.Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception,separation or pretreatment of effluent.
74.CONSTRUCTION NOISE.Between the hours of 8:00 a.m.to 8:00 p.m.,weekdays and 9:00
a.m.to 7 :00 1'.111.weekends and holidays,construction,alteration or repair activities shall be
allowed.No individual piece of equipment shall produce a noise level exceeding eighty-five
(85)dBA at twenty-five (25)feet.If the device is located within a structure on the property,
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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 propeliy plane shall not exceed eighty-
five (85)dBA.
75.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 materials on the sidewalk and/or the street will not be allowed lmless
a special permit is issued by the Engineering Division.
76.TRAFFIC CONTROL PLAN.The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic control
plan for incorporation into the construction bid documents (specifications),and this plan will
includc,but not be limited to,the following measures:
a.Construction activities shall be strategically timed and coordinatcd to minimize
traffic disruption for schools,residents,businesses,and special events.The
schools located on the haul route shall be contacted to help with the coordination
of the trucking operation to minimize traffic disruption.
77.HAULING OF SOIL.Hauling of soil on or oft~site shall not occur during the morning 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 thc issuance of a building permit,the developer shall work with the Town
Building and Engineering Departmcnt Engineering Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or ofT the project
site.Tins may include,but is not limited to provisions for the devcloper/owner to place
constlUction notification signs noting the dates and time of constlUction and hauling
activities,or providing additional traffic control.Cover all tlUcks hauling soil,sand,and other
loose debris or require all tlUcks to maintain at least two feet of Ii-eeboard.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
78.REQUIRED FIRE FLOW:The fire flow for this project is 7,500 gpm at 20 psi residual
pressure.As an automatic Jire sprinkler system will be installed,the fire flow has bcen
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reduced by 75%establishin an adjusted fire flow of 1,875 gpm at 20 psi residual pressure.
The adjusted fire flow is available from area water mains and fire hyd:rant(s)which are
spaced at the required spacing.
79.AUTOMATIC FIRE SPRINKLERS:Approved automatic fire sprinklers are required in all
new and existing modified buildings when gross floor area exceeds 3,600 square feet or that
are 3 or more stories in height.A State of California licensed (C-16)Fire Protection
Contractor shall submit plans,calculations,a completed permit application and appropriate
fees to this department for review and approval prior to beginning their work.
80.PUBLIC FIRE HYDRANT(S):Provide 3 public fire hydrant(s)at location(s)to be
determined jointly by the Fire Department and San Jose Water Company.Maximum fire
hydrant spacing shall be 250 feet,with a minimum single hydrant flow of 1,875 gpm at 20 psi
rcsidua1 pressurc.If area fire hydrant(s)exist,reflcct thcir location on the civil drawings
included with thc building permit submittal.
81.PRIVATE ON-SITE FIRE HYDRANT:Provide one on-site fire hydrant installcd per NFP A
Standard #24,at a location to be determincd by the Fire Depmiment.Maximum hydrant
spacing shall be 250 feet,with a minimum acceptable !low of 1,875 gpm at 20 psi residual
pressure.Prior to design,the civil engineer shall meet with the fire department water supply
officer to jointly spot the required fire hydrant location.
82.ON-SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANT:Installation of private
fire service mains and/or fire hydrants shall conform to Mational Fire Protection Association
Standm-d #24 and Fire Department Standard and Details and Specifications W-2.If the
supply piping is "combined"(sprinkler system and hydrants),a U.L.approved 4-way FDC
shall be provided.A separate installation permit from the fire department is required.
83.HOSE VALVES/STANDPIPES:Buildings 3 stories or more in height or whcrc cmcrgcncy
access has bcen deemed minimal shall be equipped with standpipes designed per NFPA
Standm-d #14 and be equipped with 2 \-i"hose valves located within the stair enclosure(s),
specifically within parking structures at stairwells.
84.FIRE APPARATUS ACCESS:Providc acccss roadways with a paved all-weather surface
with a minimlU11 unobstructed width of 20 feet,veliical clearance of 13 feet 6 inches,
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minimum circulating turning radius of 36 feet outside and 23 feet inside,and a maximum
slope of 15%.For installation guidelines refer to Fire Depmiment Standm'd Detail and
Specifications sheet A-I.IdentifY all required dimensions on the site access plans.
85.FIRE LANE MARKING:Provide marking for all roadways within the project.Installations
shall also conform with Local Govenunent Standards and Fire Department Standard Details
and Specifications A-6.
86.ACCESS:Gates across the emergency access roadways shall be equipped with an approved
access device.If the gates are operated elech'ically an approved Knox key switch shall be
installed;if they are operated manually then an approved Knox padlock shall be installed.
87.EMERGENCY GATE/ACCESS GATE:Gate installations shall conform with Fire
Department Stmldard Details and Specification G-I and when open shall not obstruct any
portion of the required width for emergency access roadways or driveways.Locks,if
provided,shall be fire department approved prior to installation.
88.COMMUNITY BENEFIT:Applicant shall install improvements identified as the four
community benefits on page 9,item K,of the Town Council Staff Report dated May 26,
2009.The new h'affic calming crosswalk across Carlton Avenue at Gateway Drive leading to
the pm-k shall be combined with additional traffic calming devices,to be determined by the
Town upon consultation with the connnunity,for an additional amount to be paid by the
applicant not to exceed twenty-five thousand dollars ($25,000.00).
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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 June 16,2008,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 _~_
2008 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\ORlJS\J47!\'IASSOL.DOC
Pagc 19 of 19
TOWN OF LOS GATOS
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Page 1 I
Application No.PD-07-146 A.P.N.#424-15-045
Change of zoning map amending the Town Zoning Ordinance.
IZI Zone Change From:CH To:CH:PD
D Prezonin
Forwarded by Planning Commission
Approved by Town Council Date:June 15,2009
Clerk Administrator Mayor
Date:May 13,2009
Ord: