2010090710 - 371 Los Gatos BoulevardoWe of MEETINGDATE: 09/07/10
ITEM NO.
' COUNCIL AGENDA REPORT
_1_
~~3 GAZES
DATE: August 31, 2010
TO: MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER i/~~
SUBJECT: CONSIDER A REQUEST TO AMEND AN APPROVED PLANNED
DEVELOPMENT TO ALLOW OFF-SITE BMP UNITS AND
CONSTRUCTION OF ONE FEWER UNIT WITHIN THE PROJECT ON
PROPERTY ZONED RM:S-12:PD AND R-1D:LHP:PD. APN 529-22-044.
PROPERTY LOCATION: 371 LOS GATO5 BOULEVARD. PROPERTY
OWNER/APPLICANT: SANTA CLARA DEVELOPMENT COMPANY. FILE
#PD-10-003.
RECOMMENDATION:
1. Open and hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Approve Planned Development application PD-10-003 as follows:
a. Make the required finding (Attachment 1) and approve the application subject to the
performance standards included hi the Planned Development Ordinance (Attaclunent
2) (motion required);
b. Direct the Clerk Administrator to read the title ofthe orduiance (no motion required);
c. Move to waive the reading of the ordinance (motion required);
d. Move to introduce the ordinance to effectuate Planned Development PD-07-143
(motion required).
BACISGROUND:
On March 11, 2009, the Platming Commission considered a Plarmed Development (PD) proposal for
the subject property. The Commission approved a companion Architecture and Site application for
demolition of three single-family residences on the site and recommended that the Town Council
approve the Mitigated Negative Declaration and Planned Development application. The project that
was forwarded to Council included 19 new residential units and renovation of the historic Thrash
PREPARED BY: ~~Wendie R Rooney, Director of Community Development
Reviewed by: ~~Assistant Town Manager _~~wn Attorney Clerk Finance
Cotmmunity Development ~ Revised: 8/31/10 3:55 PM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 371 LOS GATOS BOULEVARD; FILE #PD-10-003
August 25, 2010
House (20 units total). The proposal also included demolition of a convalescent facility on the site.
On April 20, 2009, the Town Council considered plans for the 20-unit proposal. The applicant
presented an alternate plan to eliminate one residence in order to reduce the overall proj ect FAR and
increase the average lot sizes and amount ofpervious surface. Council indicated its intent to approve
the 19-unit project and continued the matter to allow the applicant to revise the site, grading, and
drainage, and utility plans to reflect the new lot layout for the 19-unit proposal. Council introduced
the PD Ordinance on May 4, 2009, and adopted Ordinance 2174 on May 18, 2009.
On July 14, 2009, the Development Review Committee (DRC) approved the Tentative Map for the
project. The Final Map was recorded on Febmary 24, 2010. On January 19, 2010, the DRC
approved the Architecture and Site applications for the 18 new residences and Thrash House
renovation.
The 2.6 acre project site is located on the southwest corner of Los Gatos Boulevard and Caldwell
Avenue. A convalescent facility that was previously located on the site was demolished in January
2010. Construction ofthe approved project, including renovation of the historic Thrash House, is in
progress and the Architecture and Site applications have been vested. The approved project includes
two Below Market Price (BMP) units to be located on lots 16 and 17 (at the corner of Los Gatos
Boulevard and Caldwell Avenue) as a duet.
PROJECT SUMMARY:
The applicant is proposing to amend the PD to allow the BMP units to be provided off-site, to
combine the two lots where the BMP units are currently proposed, and to build one new residence on
the merged parcels. The total units within the PD would be reduced from 19 to 18. The applicant is
requesting to locate the BMP units off-site to create better yards, to improve the separation between
homes, and to continue the established building pattern along Los Gatos Boulevard. Three units
have been purchased by the applicant; two two-bedroom condominiums in the Pueblo de Los Gatos
development on Alberto Way and a studio condominium on Lora Drive. If the PD amendment is
approved, these units will be converted to for-sale BMP units. Additional detail on the proposal is
included in the Planning Commission report (see Attachment 4).
DISCUSSION:
The revised BMP Guidelines, adopted by Council Resolution 2009-108, allow off-site BMP units to
be proposed for projects ofup to nine units (see Exhibit 7 of Attachment 4). The applicant's request
for an exception to this clause to allow off-site BMP units in a proj ect with more than nine units can
be approved through the PD. A policy issue for the Town Council to consider is whether the off-site
BMP units should be allowed for this project only, or if the BMP Guidelines should be amended to
allow off-site BMP units to be considered for projects larger than nine units.
When the current BMP Guidelines were being considered there was extensive discussion on the
question of allowing applicants to meet BMP requirements through off-site construction. Based on
PAGE3
MAYOR AND TOWN COUNCII,
SUBJECT: 371 LOS GATOS BOULEVARD; FILE #PD-10-003
August 31, 2010
surveys of other local jurisdictions and a review of affordable housing practices throughout the State,
staff found that most communities allowed applicants to meet affordable housing requirements
through off-site construction. Often the off-site construction is allowed if the applicant agrees to
either increase the number of units or number of bedrooms.
Both the Planning Commission and Town Council discussed the merits of off-site construction, and
the Town Council ultimately allowed off-site construction for residential projects with up to nine
units. In considering a request to meet affordable housing requirements off-site, the Council noted
that an applicant must demonstrate why on-site construction is not feasible or is impractical. The
applicant's project description and letter of justification states that the replacement of the approved
BMP duet, on the corner of Los Gatos Boulevard and Caldwell Avenue, with a single residential
cottage will improve the separation between homes, create better yards, and continue the established
pattern along Los Gatos Boulevard. In addition, staff believes that the single cottage style residence
will provide greater overall aesthetic value to the TM~ash House development. With the applicant's
proposal the Town will receive three more affordable (80% compared to 100% affordability) units
that are located in two different areas of the cornrnunity. Two ofthe proposed off-site units are in the
Los Gatos School District, the same district that the on-site units would be in, and one unit is in the
Campbell Union School District. Staff believes the request for off-site construction is consistent
with the affordable housing program goals of providing BMP units throughout the community and
assisting low and moderate income Los Gatos citizens to purchase homes in the Town.
17 Fiesta House
The applicant orighrally filed an application to provide the two approved BMP units off-site and to
move the historic house, formerly located at 17 Fiesta Way, to the project site. Subsequent to the
application filing, 17 Fiesta House was awarded to another property owner and the applicant
modified their proposal to provide three off-site BMP units instead of two. Staff included a
provision in the draft PD Ordinance allowing 17 Fiesta House to be moved to the PD project site in
place of the new residence that would be constructed on the comer parcel at Las Gatos Boulevard
and Caldwell Avenue. TMs is only a viable option if the University Avenue owner decides not to
proceed with moving the house to their property.
PLANNING COMMISSION ACTION:
On August 11, 2010, the Plamring Cormmission voted 5-0 to forward the PD unendment to the Town
Council with a recommendation for approval (see AttacMnent 3). The Cormnission indicated a
preference for approving off-site BMP units for this particular project, and not revising the BMP
Guidelines to allow projects with more than nine units the option of providing off-site units.
ENVIRONMENTAL ASSESSMENT:
An hritial Study and Mitigated Negative Declaration (MND) were prepared for the Plarured
Development application. The MND was certified by the Town Council on May 4, 2009. The
PAGE4
MAYOR AND TOWN COUNCIL
SUBJECT: 371 LOS GATOS BOULEVARD; FILE #PD-10-003
September 2, 2010
corresponding Mitigation Monitoring Plan was approved on the same date. No further
environmental analysis is required for the propose PD amendment.
CONCLUSION:
Although the BMP Guidelines do not include a provision for off-site BMP units for a development
with more than nine units, staff believes there is merit to the applicant's proposal for the following
reasons:
• One additional affordable unit will be provided.
• BMP units will be provided in locations where there are not currently any affordable
housing units.
• BMP units will be available iimnediately following approval of the PD amendment
• Two of the proposed units are within walking distance of the Downtown.
• The Alberto Way units are similar in size and composition to the approved units.
• Affordability level will be lowered from 100% to 80% for one unit, and the added unit will
be sold at 80%.
• The BMP Guidelines support provision oflike-size units and integration of affordable units
into a development; the applicant's proposal satisfies both of these criteria.
• Replacing atwo-unit building with a single residence on the comer ofLos Gatos Boulevard
and Caldwell Avenue will provide a better aesthetic for the Thrash House PD (increased
open space and separation between homes).
• The density of the Thrash House PD will be reduced with the elimination of one unit.
For the above stated reasons and with the unanimous recommendation of the Planning Cormnission,
Staff recommends that the Council approve the Planned Development Amendment.
FISCAL IMPACT: None
Attaclunents:
1. Required findings
2. Draft Plamied Development Ordinance (20 pages) with Exhibits A and C
3. Planuiug Cmnmissiou Action Minutes
4. August 11, 2010, Plaiming Commission Report with Exhibits 1-8
5. Letter from Susan Love (one page), received September 1, 2010
Distribution:
Jennifer Skillings, Santa Clara Development, 2185 The Alameda, Suite 150, San Jose, CA 95126
WRR:SD:ct
N:\UGV\SUGANNL1Conncil\Repons\Aed. to TC\LGH3)1\LGB301-PDAA90910.doc
TORN COUNCIL -SEPTEMBER 7, 2010
REQUIRED FINDINGS FOR:
371 Los Gatos Boulevard
Planned Development Application PD-10-003
Requesting approval to amend a Planned Development to allow off-site BMP units and construction
of one fewer unit within the project on property zoned RM:S-12:PD and R-1D:LPH:PD. APN 529-
22-044.
PROPERTY OWNER/APPLICANT: Santa Clara Development Co.
FIlVDINGS:
Required consistency with the Tawn's General Plan:
That the proposed Zone Change is internally consistent with the General Plan and its Elements.
N:1DEV~FIlYDINGS~2010~LGB371-PDA.DOC
Attachment 1
THIS PAGE
INTENTIONALLYLEFT BLAN%
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCE 2174 AND
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R-1D:LHP:PD & RM:S-12:PD TO R-1D:LHP:PD & RM:S-12:PD
FOR PROPERTY LOCATED AT
371 LOS GATO5 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 rescind Ordinance 2174
and 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-1D:LHP:PD (Single-Family Residential Downtown, Landmark Historic
Preservation, Planned Development) and RM::S-12:PD (Multiple-Family Residential, Planned
Development) to R-1D:LHP:PD (Single-Family Residential Downtown, Landmark Historic
Preservation, Planned Development) and RM::S-12: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 of three pre-1941 single-family residences and a convalescent facility.
2. Renovation and expansion of the Historic Thrash House.
3. Construction of s'~ seventeen (17) market rate single family residences and~ae{2~
Roi,,.. nR..,.v~. n_:,.o iun,rn~ ..e,.:ae..,,,... Should the historic house formerly located at 17
Fiesta Way (17 Fiesta House) become available, the applicant has the option to relocate
the house to the project site in place of the new unit to be constructed on the corner lot
at Los Gatos Boulevard and Caldwell Avenue.
4. Provision of three off-site BMP units within the Town.
5. Landscaping, private street, parking and other improvements shown and required on the
Official Development Plan.
Page 1 of 20
Attachment 2
6. 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) 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. However, no use listed in Section 29.20.185 is allowed unless specifically
authorized by this Ordinance, or by a Conditional Use Permit
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval is required before constriction work for the new single-
familyresidences and the renovation and expansion of the Thrash House, whether or not a permit is
required for the work and before any permit for construction is issued. Construction permits shall
only be in a manner complying with Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), and Exhibit C
(Revised Corner Parcel Plan), are part of the Official Development Plan. The following conditions
must be complied with before issuance of any grading, or construction permits (mitigation measures
are so noted and are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. Colors and building materials shown on
the Official Development Plan are not approved and shall be reviewed during the
Architectural and Site approval process. The Development Review Committee may be the
deciding body for the Architecture and Site applications.
Page 2 of 20
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 and entitlements whether or not expressly set forth in the
approval, and may be secured to the satisfaction of the Town Attorney.
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 of the Thrash House. Architectural details shall be refined as part
of this process with input from the Town's Consulting Architect. Relocation of 17 Fiesta
House to the project site would also require approval of an Architecture and Site
application. 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 of building permits. The Development Review Committee may be the
deciding body of the tentative map.
5. BELOW MARKET PRICE (BMP) UNITS. The developer shall provide twa(~) three (3)
off-site BMP units within the Town of Los Gatos. The BMP units shall be sold at 80%
of median income. 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. Any change to the
approved off-site BMP units, including location, unit size and/or number of baths and
bedrooms shall be approved by the Town Council.
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 pei7nit.
Page 3 of 20
8. SETBACKS. The minimum setbacks are those specified by the RM zoning district or as
otheitivise shown on the Conceptual Development Plans.
9. BUILDINGHEIGHT. The maximum height of the 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 12 and I S which will have a studio and may
be up to 21 feet 6 inches.
10. STUDIOS. The studios over garages on lots 12 and 15 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.
12. *BIOLOGICAL RESOURCES MITIGATION MEASURE. 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.
13. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
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 trees and
shall remain tluough 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 construction plans.
16. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished struchue shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of material,
shall be submitted to the Town prior to the Towns demolition inspection.
Page 4 of 20
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 connections, transformers, 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. *HISTORICALRESOURCESMITGATIONMEASURE-1. Ageneralnoteconveyingthe
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).
19. *HISTORICAL RESOURCES MITGATION MEASURE-2. Proposed materials shall be
specified during the construction document phase and reviewed as part of the ongoing design
review and approval process (Standard 9).
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-1. 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.
22. *ARCHAEOLOGICALRESOURCESMITGATIONMEASURE-2. Mitigationcantakethe
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-1. 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.
Page 5 of 20
24. *NOISE MITGATION MEASURE-2. 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).
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 Department
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.
26. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names and house
numbers to the Building Division prior to submitting for the building permit application
process.
27. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE-1. 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, ademolition-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 forrner hospital use and automotive batteries in the Thrash House shall be properly
disposed of.
Page 6 of 20
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 adj acent 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. LOT MERGER. At a minimum a Certificate of Parcel Merger shall be recorded to
merge lots 16 and 17. Two copies of the legal description for exterior boundary of the
merged parcel and a plat map (8'/: inch by 11 inch) shall be submitted to the
Engineering Division of the Parks & Public Works Department for review and
approval. The submittal shall include closure calculations, title reports Icss than 90
days old and the appropriate fee. The certificate shall be recorded before any permits
are issued. Should any adjacent parcels be affected by the proposed modifications,
additional lot line adjustment documents may be required. This work can also be
accomplished by parcel map at the applicant's request.
34. 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 doctments verifying the cost of the public
improvements to the satisfaction of the Engineering Division of the Parlcs and Public Works
Department.
Page 7 of 20
35. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
36. 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.
37. 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/communication/cablebnxes, transformers, and mail boxes. Above ground utilities
shall be reviewed and approved by Community Development prior to issuance of any permit.
38. 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.
39. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job
site at all times during construction.
40. 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 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 gradhig
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.
41. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
42. 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
Page 8 of 20
43. RETAINING WALLS. A building permit, 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 during the grading permit plan review
process.
44. 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.
45. 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 constuction and prior to construction on the structure.
The pad certification shall address both vertical acid horizontal foundation placement.
46. PRECONSTRUCTIONMEETING. Prior to issuance of any permit or the commencement
of any site work, the general contractor shall:
a. Along with the project applicant, attend apre-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 prof ect conditions
of approval will be posted on site at all times during construction.
47. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application. 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 Cade.
Page 9 of 20
48. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review
the final gradurg 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.
49. DEMOLITION. Existing buildings crossing future lot lines shall be demolished prior to
recordation of the final map.
50. FINAL TRACT MAP. A final track map shall be recorded. Two copies of the final track
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.
51. DEDICATIONS. The following shall be dedicated on the final parcel map or by separate
instrument. The dedication shall be recorded before any perrnits are issued.
a. Additional R/W and easements to accommodate future widening of Los Gatos Blvd.
and Caldwell Ave. as required.
52. INTERSECTION IMPROVEMENTS. Applicant will construct improvements to relocate
the existing cross walk crossing Los Gatos Blvd from 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.
53. 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 photometrics. A letter shall be provided by PG&E stating that public street
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.
54. STREET LIGHTS. Photometric design and proposed locations of future streetlights to be
reviewed and approved prior to issuance of any permit.
55: WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to
issuance of any permit.
Page 10 of 20
56. 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.
a. Curb, gutter, sidewalk, ADA curb ramps, street lights, tie-in paving, signing striping,
storm drainage and sanitary sewers, as required.
57. PUBLIC IMPROVEMENT PLANS. Plan and profile sheets shall be provided for Private
Street and Caldwell Ave during Improvement Plan review.
58. INDEMNITY AGREEMENT. An indemnity agreement to the Town of Los Gatos shall be
required for any non-standard construction in the Public Right of Way (i.e. walls, intersection
details, steps, etc.).
59. 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
fmal "as-built" drawings.
60. 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 atthe 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.
Page 11 of 20
61. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A Notice
of Intent (NOI) and Storm Water Pollution Prevention Plan (S WPPP) 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 uea and
stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion
conhol measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion conriol method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion conh~ol 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 No.
R2-2005-0035 of the amended Santa Clara County NPDES Permit.
62. 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 minirnize
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.
Page 12 of 20
63. 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.
64. CONSTRUCTION STREET PARKING. 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).
65. ENCROACHMENT PERMIT. All work in the public right-of--way will require a
Construction Encroachment Permit.
66. PUBLIC WORKS 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.
67. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed without the approval of the Town Engineer
68. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale,
permeable pavement, or other approved equivalent. Specific on-lot systems to be reviewed
and approved in subsequent approvals.
69. 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 defined in the
amended provisions C.3.d. of Order No. R2-2005-0035 of the amended Santa Clara County
NPDES Permit 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 storm water measures proposed on the Planning
approval differ significantly from those certified on the Building/Grading Permit, the Town
may require a modification of the Planning approval prior to release of the Building Permit.
The applicant may elect to have the Planning submittal certified to avoid this possibility.
Page 13 of 20
70. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner*homeowner's
association 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*homeowner's association and will specify device maintenance reporting
requirements. The agreement will also specify routine inspection requirements, pennits and
payment of fees. The agreement shall be recorded prior to release of any occupancy permits.
71. 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 upon a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
72. 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.
73. 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 awalk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
74. SIDEWALK REPAIR. The developer shall repair and 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 conshucted per Town Standard Details.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project.
Page 14 of 20
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 prof ect. 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
project.
76. STREET RESURFACING. Resurfacing of Caldwell Ave (half-street) along project frontage
shall be required. Slurry seal, overlay or other methods to be determined by Engineering
Construction Inspector and Town Engineer.
77. PRIVATE STREET SIDEWALK. The internal private sidewalk shall be ADA compliant.
78. DRIVEWAY APPROACH. The developer shall insta115 (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.
79. CURB RAMPS. The developer shall construct 2 (two) curb ramps at the entrance to the
development and 1 (one) curb ramp at the project corner of Caldwell Avenue & Los Gatos
Boulevard in compliance with ADA Standards.
80. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town
Code Section §23.10.080:
81. 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.
Page 15 of 20
82. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream 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 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 permit.
83. 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.
84. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a shucture 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.
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. 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. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
Page 16 of 20
87. HAULING OF SOIL. Hauling of soil on or off-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 the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise atraffic 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 construction and hauling
activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and
other loose debris or require all trucks to maintain at least two feet of freeboard.
88. EXISTING EASEMENTS. All existing easements quitclaims shall be completed prior to
Final Map approval.
89. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall
initiate a weekly neighborhood a-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 perimeter.
90. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
91. REQUIRED FIRE FLOW. The required fire flow for the project is 2,500 GPM at 20 psi
residual pressure.
92. 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 Associafion (NFPA) Standard #13D. A State of
California licensed fire protection contractor shall submit plans, calculations a completed
permit application and appropriate fees to the Fire Departrnent for review and approval, prior
to beginning work. It has been determined that the Thrash House will require a full
automatic fire sprinkler system
Page 17 of 20
93. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved
all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13
feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 15%. Installations shall conform with Fire Deputment Standud Details
and Specifications A-1.
94. TIMING OF REQUIRED WATER 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 permit issuance may be
withheld until required installations are completed, tested and accepted.
95. PUBLIC FIRE HYDRANT. Provide public fire hydrants at locations to be determined
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.
96. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection the general contractor
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.
97. FIRE DEPARTMENT (ENGINE) ROAD WAY TURNAROUND REQUIRED. Provide an
approved Fire Department engine roadway turnaround with a minimum radius of 36 feet
outside and 23 feet inside. Installations shall coufonn with Fire Department Standard Details
and Specification sheet A-1.
98. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads. Up
through the first lift of asphalt, shall be installed and accepted by the Fire Department prior to
the start of combustible conshuction. During construction, emergency access roads shall be
maintained clear and unimpeded. Building permit issuance may be held up until installations
are completed.
99. FIRE LANE MARKING REQUIRED. Provide marking in conformance with Fire
Department requirements for all roadways within the project. Installations shall conform to
Local Government Standards and Fire Department Standard Details and Specifications A-6..
Page 18 of 20
100. PARKING ALONG ROADWAYS. The required fire access road shall not be obstructed in
any manner and parking shall not be allowed along roadways less than 28 feet wide. Parking
is permitted 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.
101. 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 19 of 20
SECTION VI
This Ordinance was introduced at a regular meeting ofthe Town Council of the Town of Los
Gatos on , 2010, 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 , 2010 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:NENORDSV.GBI]I-PDA DOC
Page 20 of 20
Recommended by Planning Commission Date: August 11, 2010
Approved by Town Council Date: Ord:
Clerk Administrator Mayor
ffiIBIT A
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