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2010090710 - 371 Los Gatos Boulevard - Attachment 3DRAFT Motion by Commissioner Marcia Jensen and seconded by Commissioner Charles Erekson to forward Planned Development Application PD-08-004 to the Town Council with a recommendation for denial of the application as presented for reasons stated by herself, Commission Talesfore and Vice Chair Sayoc. Motion carried 4-1 with Commissioner Thomas O'Donnell dissenting, Chair John Bourgeois and Commissioner Phil Micciche excused. Motion by Commissioner Marcia Jensen and seconded by Commissioner Thomas O'Donnell to continue Architecture and Site Applications 5-08-014 through 5-08-020 to September 22, 2010. Motion carried 5-0 with Chair John Bourgeois and Commissioner Phil Micciche excused. Interim Town Attorney Michael Martello • Commented that since the A&S did not move forward there is no appeal for that matter. The Town Council was originally scheduled to review the PD next Wednesday, but it is now believed that it may need to be noticed for a later time. Vice Chair Marico Sayoc • Commented she had comments from two Commissioners regarding Item #3. Commissioner Marcia Jensen Commented she is recusing herself from Item #3 because her residence is within 500 feet of the project. Commissioner Joanne Talesfore • Commented she is recusing herself from Item #3 because the developer of the project is the president of her homeowners association. Vice Chair Marico Sayoc called for a short break at 8:54 p.m. and reconvened the meeting at 9:02 p.m. Commissioner Phil Micciche joined the meeting. 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 properly zoned RM:S-12:PD and R-1D:LPH:PD. APN 529-22-044. PROPERTY OWNER/APPLICANT: Santa Clara Development Co. PROJECT PLANNER: Suzanne Davis. (Continued from 6/30/10 and 7/14/10 Planning Commission meetings) Vice Chair Marico Sayoc opened the public hearing. Senior Planner Suzanne Davis presented the staff report. Planning Commission Page 14 August 11, 2010 Attachment 3 ®AFT Commissioner Thomas O'Donnell • Referred to page 5 of the staff report and asked why the Commission would recommend to the Council that it do something in excess of the nine unit limitation. Senior Planner Suzanne Davis • Commented it is a Planned Development and this is a deviation from the BMP (Below Market Price) Guidelines that have been adopted by Council. It is a policy issue. Vice Chair Marico Sayoc • Asked if, since it is a policy issue, the Town Council or Planning Commission makes the decision. Senior Planner Suzanne Davis Commented the Commission should give its opinion on whether it feels there is merit to this proposal on the part of the applicant, but ultimately it is the Council's decision on whether it wants to deviate from that policy. Council can either make an exception just to this PD that is project specific or look at the BMP Guidelines to amend it to allow off-site units for larger projects. Jennifer Skillings, Santa Clara Development Company, Applicant, gave a presentation on the proposed project. Commissioner Thomas O'Donnell • Confirmed that the applicant is proposing to reduce one unit on the site. • Asked if the Fiesta Way house should become available, how that would impact the ultimate number of homes on the site. Jennifer Skillings • Commented that they had a proposal in when they hoped to get the Fiesta Way house. It would have been a similar one single family home. It would have been smaller and the proposal was for two off-site BMPs to mitigate the loss on-site. If the Fiesta Way house were to become available, they would have something to talk about. Vice Chair Marico Sayoc • Commented she is in favor of reducing the density by one and asked why they brought down the density. Jennifer Sldllings • Commented the goal was not to bring down the density but to improve the aesthetic and feel along the Boulevard. Commissioner Charles Erekson • Asked if the applicant considered relocating the BMPs to another location on-site. Planning Commission Page 15 August 11, 2010 ~14FT Jennifer Slcillings • Commented they considered relocating the BMP units to another location on-site but it would not be practical. They are pretty far along with improvements that have been installed in the homes under construction. Commissioner Philip Micciche • Asked how soon they would need to know about the availability of the Fiesta Way house in order to consider it. Jennifer Skillings • Commented they already have an investment in designing this house and will begin construction documents soon, so they would have to know about the Fiesta Way house within one or two months. Vice Chair Marico Sayoc closed the public input portion of the hearing and returned to the Commission for deliberations. Commissioner Thomas O'Donnell Asked if this is a single action on this site or if the Commission is suggesting something for the plan. He would like to consider the project on this site on these facts and make a recommendation based on that. Commissioner Charles Erelrson • Commented he agreed with Commissioner O'Donnell and would suggest that the Fiesta Way home not be included in the discussion since it is speculative. Commissioner Philip Micciche • Commented he agreed with Commissioner O'Donnell's comments and would restrict consideration only to this application. Motion by Commissioner Phil Micciche and seconded by Commissioner Charles Erekson to forward Planned Development Application PD-10-003 to the Town Council with a recommendation for approval. The required findings were made as noted in Exhibit 2 of staff report dated August 11, 2010. Commissioner Charles Erekson Commented he would second the motion with a comment that it is reasonable for the Commission to recommend something that is not fully consistent with the guidelines that the Council had because there are other gains for the Town that are specifically noted in the staff report that improve the development and create more open space and less density. Commented he wanted to be clear that the exception to the BMP Guidelines is applicable only to this property. Planning Commission Page 16 August 11, 2010 ®FT Commissioner Thomas O'Donnell • Commented he found the Fiesta Way house discussion confusing and having heard the applicant's response on where they are in the development, he is prepared to vote on the basis that they are not dealing with the Fiesta Way house. • Aslced staff if there is any reason why the Fiesta Way house should be given consideration. Senior Planner Suzanne Davis • Commented that the reason the Fiesta Way house provision is in there is because the original proposal was to move it to the corner spot. Staff was supportive of that and the Historic Preservation Comrnittee was split on the issue. The decision was made that the house would go to the University Avenue location. If the house was not included in the Ordinance and then it became available, if the applicant wanted to consider having it, it would have to come back before the Commission again. Commissioner Thomas O'Donnell • Commented that he does not think that anyone is against facilitating something that might occur, but would like to know where the Fiesta Way house would be located if it were to be included in the project. • Asked if staff is asking for a motion to include the Fiesta Way house in the event it becomes available and the applicant chose to use it in place of the proposal that was made. Senior Planner Suzanne Davis • Commented the Fiesta Way house would replace the new house that is proposed for the corner. Commented it still requires an A&S approval. It is just aback-up plan and the applicant may not care if the Fiesta Way house is still in the Ordinance. The applicant is not required to use the Fiesta Way house. Commissioner Philip Micciche • Asked if the Commission approves the Ordinance if it is also approving the back-up plan of the Fiesta Way house. Senior Planner Suzanne Davis • Commented there is a provision in the Ordinance to allow it to be considered if it became available. Commissioner Thomas O'Donnell • Commented he believed that Commissioner Micciche made the motion based on what Commissioner Erekson said which specifically did not include the Fiesta Way house. Commissioner Philip Micciche • Commented he originally made the motion with the Fiesta Way house included, but did not comment on Commissioner Erekson asking to take it out when he seconded the motion. Planning Commission Page 17 August 11, 2010 Commissioner Charles Erekson • Clarified his statement saying that he simply seconded the motion with a comment, but did not intend to change the motion. Vice Chair Marico Sayoc • Clarified that the motion and the second did not change the language in the Draft Ordinance. Motion carried 4-0 with Chair John Bourgeois excused, Commissioner Marcia Jensen and Commissioner Joanne Talesfore recused. Planning Manager Sandy Baily • Commented that this matter will be scheduled for a Town Council hearing, it will be noticed and notification will be sent to the neighbors. NEW PUBLIC HEARINGS --NONE CONTINUED OTHER BUSINESS --NONE 4. Report from Director of Cornxnunity Development --None 5. Commission Matters --None ADJOURNMENT Meeting was adjourned at 9:20 p.m. TOWN OF LOS GATOS PLANNING COMMISSION Wednesday, August 11, 2010 Vice Chair Marico Sayoc, Chair APPROVED AS TO FORM AND ATTEST: Sandy L. Baily Planning Manager Planning Cormmission Page 18 August 11, 2010 THIS PAGE INTENTIONALLYLEFT BLANK w" TOWN OF LOS GATOS •~~ PLANNING COMMISSION STAFF REPORT ios "n~ 5 Meeting Date: August 11, 2010 PREPARED BY: Suzanne Davis, Senior Planner sdavis a,los atg osca.gov APPLICATION NO.: PD-10-003 ITEM NO: 3 LOCATION: 371 Los Gatos Boulevard (southwest corner of Los Gatos Boulevard and Caldwell Avenue) APPLICANT: Santa Clara Development PROPERTY OWNERS: Thrash House Investors LLC APPLICATION SUMMARY: 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 529-23-044. DEEMED COMPLETE: June 18, 2010 FINAL DATE TO TAKE ACTION: Rezoning applications are legislative acts and are therefore not governed by the Permit Streamlining Act. RECOMMENDATION: Soft Approval. PROJECT DATA: General Plan Designation: Medium Density Residential Zoning Designation: RM:S-12:PD & R-1D:LHP:PD Applicable Plans & Standards: PD Ordinance 2174 General Plan Surrounding Area: ~ Existing Land Use I General Plan Zoning North Single Family Medium Density _ R-1:8 & ~ Residential residential , R-1:8:PD _ East ~ Single Family ~ Low Density ~ R 1:8 Residential I (Residential South I Single Family ~ Medium Density ~ R-1D & Residential ~ residential ~ R-1:8:PD West _ Single Family Medium Density~ R-1:8 Residential ;Residential Parcel Size (entire project site): 2.59 acres Attachment 4 Planning Commission Staff Report -Page 2 371 Los Gatos Boulevard/PD-10-003 August 11, 2010 CEQA: An Initial Study and Mitigated Negative Declaration (MND) were prepared for the Planned Development. The MND was certified by the Town Council on May 4, 2009. No further environmental analysis is required. FINDINGS: That the rezoning is consistent with the General Plan. ACTION: Recommendation to Town Council. EXHIBITS: 1. Location map 2. Required Findings 3. Planned Development Ordinance 2174 (18 pages) with zoning exhibit. 4. Draft Planned Development Ordinance (20 .pages) with Rezoning exhibit and revised corner parcel development plans (8 sheets), received July 22, 2010 5. Project description and letter of justification, received July 22, 2010 6. Rendering of Los Gatos Boulevard frontage 7. Listing information for proposed BMP units (12 pages) 8. Below Market Price Housing Program Guidelines (12 pages) BACKGROUND: The Planning Commission considered the original Planned Development (PD) proposal on March 11, 2009. The Commission approved an 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 the Thrash House renovation (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 project FAR and increase the average lot sizes and amount of pervious 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. On May 4, 2010, the Council introduced the PD Ordinance. On May 18, 2009, the Council adopted PD Ordinance 2174. Planning Commission Staff Report -Page 3 371 Los Gatos Boulevard/PD-10-003 August 11, 2010 On July 14, 2009, the Development Review Committee (DRC) approved the Tentative Map for the project. The Final Map was recorded on February 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 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 Januazy 2010. Construction of the 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. The applicant is proposing to amend the PD to allow the BMP units to be provided off-site, to combine the two lots, and to build one new residence on the merged parcels, reducing the total units within the PD 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 condominiums in the Pueblo de Los Gatos development on Alberto Way and a condominium on Lora Drive. If the PD amendment is approved, these units will be converted to for-sale BMP units. PROJECT DESCRIPTION: A. Location and Surroundine Neighborhood The project site is located on the southwest corner of Caldwell Avenue and Los Gatos Boulevard (see Exhibit 1). Abutting properties and those located across Caldwell Avenue and Los Gatos Boulevard are all developed with single-family residences. There are a variety of architectural styles and a mix of one and two story homes surrounding the site. Homes that directly abut the site are accessed from Caldwell Avenue, Los Gatos Boulevard, Bella Vista Avenue and Bella Vista Court. B. Architecture & Site Approval If the PD amendment is approved, an Architecture and Site application will be required for the new residence to be constructed on combined parcels 16 and 17. Pursuant to the performance standards in the PD Ordinance, the application may be approved at a Development Review Committee public hearing. Planning Commission Staff Report -Page 4 371 Los Gatos Boulevard/PD-10-003 August 11, 2010 C. Parcel Merger If the PD amendment is approved, a parcel merger will be required since the subdivision map for the project has been recorded. Lots 16 and 17, which were originally created for two BMP units, will become a single lot that will contain one new residence. D. Planned Development Com In fiance The property is governed by Planned Development (PD) Ordinance 2174 as opposed to the Zoning Ordinance. The PD Ordinance specifies allowable uses and includes dimensional criteria such as setbacks and height limitations. The PD Ordinance must be amended to allow the two required BMP units to be located off the project site and to reduce the total number of units within the project from 19 to 18. ANALYSIS: A. Off-Site BMP Units To compensate for meeting the affordable housing requirement off-site, the applicant is proposing to provide three BMP units elsewhere in Town. In addition, the applicant is proposing to reduce the affordability level for two of the units. The Agreement for the two approved BMP units is to provide one at 100% of median income and one at 80% of median income. The applicant is proposing to reduce the 100% unit to 80% and to provide a third unit at 80%. Three condominiums have been purchased, two in the Pueblo de Los Gatos development on Alberto Way and one on Lora Drive. The Alberto Way units are 1,032 square feet and include two bedrooms and two baths. These units are similar in size to the approved units with the PD (1,119 and 1,282 square feet with two bedrooms and two baths) and are all on one floor rather than being split into two levels, providing a more usable floor plan. The Lora Drive unit is a 768 square foot studio condominium. The three purchased residences will all be for-sale BMP units. The BMP Guidelines, adopted by Council Resolution 2009-108, allow off-site BMP units to be proposed for projects of up to nine units (see page 3 of Exhibit 7). The applicant's request for an exception to this clause to allow off-site BMP units in a project 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. During the General Plan Committee, Planning Commission, and Town Council review of the BMP Guidelines, considerable discussion ensued regarding whether the Town should allow applicants to meet BMP requirements for all sizes of residential subdivisions Planning Commission Staff Report -Page 5 371 Los Gatos Boulevazd/PD-10-003 August 11, 2010 through off-site construction. Based on 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 Town Council noted that an applicant must demonstrate why an on-site construction is not feasible or 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 with a single residential cottage will improve the separation between homes, create better yards and continue the established pattern along Los Gatos Boulevard. Moreover, staff believes that the single cottage style residence will provide greater overall aesthetic value to the Thrash House development. Lastly, the Town will receive three more affordable (80% compazed to 100% affordability) units that are located in two different areas of the community. Consequently, staff believes that the request for off-site construction is consistent with the affordable housing program goals of providing BMP units throughout the community and to a greater affordable level. B. Architecture and Site The applicant has provided a conceptual plan for the new residence to be constructed on the corner lot at Los Gatos Boulevard and Caldwell Avenue. The architecture is consistent with the design of the remainder of the project. Access to the house will be from Caldwell Avenue. Elimination of one unit will result in one less driveway on Caldwell and one fewer unit within the development. It will also provide more open space and better separation between the homes in this area of the project (see Exhibit 6). Detailed plans will be reviewed as part of the Architecture and Site review for the new residence. C. 17 Fiesta House The applicant originally 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 has 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 Los Gatos Boulevard and Caldwell Avenue. This Planning Commission Staff Report -Page 6 371 Los Gatos Boulevard/PD-10-003 August 11, 2010 provides aback-up plan should plans fall through for the current location on University Avenue. The Planning Commission may provide input to the Town Council if there is a preference between the two alternatives, recognizing that the alternative involving 17 Fiesta House is only a viable option if the University Avenue owner decides not to proceed with moving the house to their property. D. CEOA Determination An Initial Study and Mitigated Negative Declaration were prepared for the Planned Development. The MND was certified by the Town Council on May 4, 2009. No further environmental analysis is required for the propose PD amendment. PUBLIC COMMENTS: Public hearing notices were sent to 228 surrounding property owners and residents. House occupants are noticed in addition to the property owner where the owner does not reside on the property. Staff has not had any contact with neighbors other than one resident who called to clarify what was being proposed with the PD amendment. CONCLUSION AND RECOMMENDATION: A. Conclusion Although the BMP Guidelines does include a provision for off-site BMP units for a development of this size, 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 immediately following approval of the PD amendment • Two of the units are within walking distance of the Downtown. • The Alberta 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 of like-size units and integration of affordable units into a development; the applicant's proposal satisfies both of these criteria. Planning Commission Staff Report -Page 7 371 Los Gatos Boulevard/PD-10-003 August 11, 2010 • Replacing atwo-unit building with a single residence on the corner of Los Gatos Boulevard and Caldwell Avenue will provide a better aesthetic for the Thrash House PD (increased open space and separation between homes). Therefore, it is recommended that the Planning Commission forward a recommendation for approval of the PD amendment to the Town Council, as outlined in the recommendation section below. Staff has recommended a soft approval since the applicant's proposal involves a policy issue. A revised PD Ordinance has been prepared for the Commission's consideration (see Exhibit 3). B. Recommendation I. Find that the Planned Development amendment is consistent with the General Plan; 2. Forward a recommendation for approval 6f the PD amendment to the Town Council. Prepared by: Suzanne Davis, AICP Senior Planner r Ap •ove by: Wendie R. Roo ey Director of Community Development WRR:SD:ct cc: Jennifer Skillings, Santa Clara Development, 2185 The Alameda, Suite 150, San Jose, CA 95128 N:IDEVVZEPORTS120101LG637 L-PDA. doc THIS PAGE INTENTIONALLYLEFT BLANK 371 Los Gatos Boulevard ffiIBIT 1 THIS PAGE INTENTIONALLYLEFT BLAN% PLANNING COMMISSION -JUNE 30, 2010 REQUIRED FINDINGS FOR: 371 Los Gatos Boulevazd Planned Development Application PD-10-003 Requesting approval to amend a Planned Development to allow off-site BMP units and construction ofonefewerunitwithintheprojectonpropertyzonedRM:S-12:PDandR-1D:LPH:PD. APN529- 22-044. PROPERTY OWNER/APPLICANT: Santa Clara Development Co. FINDINGS:. Required consistency with the Town's Genera[ Plan: That the proposed Zone Change is internally consistent with the General Plan and its Elements. N:~DEV~FINDMG5~2010~LGB371-PDA.DOC E%HIBIT 2 THIS PAGE INTENTIONALLYLEFT BEANIE ORDINANCE 2174 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM R-1D:LHP TO R-1D:LHP:PD & RM:S-12:PD FOR PROPERTY LOCATED AT 371 LOS GATOS BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property at 371 Los Gatos Boulevard (Santa Claza County Assessor Parcel Number 529-22-044) as shown on the map attacked hereto as Exhibit A, and is part of this Ordinance, from R-1D:LHP (Single-Family Residential Downtown, Landmark Historic Preservation) to R-1D:LHP:PD (Single- FamilyResidentialDowntown, Landmazk 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 sixteen (16) mazket rate single family residences and two (2) Below Mazket Price (BMP} residences. 4. Landscaping, private street, parking and other improvements shown and required on the Official Development Plan. 5. Uses permitted aze those specified inthe 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 Pem7it Page 1 of 18 E%FtIBIT 3 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 construction 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), 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 DIIZECTOR 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 aze 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. 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 maybe secured to the satisfaction of the Town Attorney. Page 2 of 18 3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site application and approval is required for each of the single-family residences and the expansion and renovation of the Thrash House. Architectural details shall be refined as part of this process with input from the Town's Consulting Architect. The Development Review Committee maybe 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) UNTTS. The developer shall provide two (2) BMP units A deed restriction shall be recorded prior to the issuance of any building pernuts, stating that the BMP residences must be sold and maintained as below market price units pursuant to the Town's BMP Ordinance and requirements. 6. FINAL LANDSCAPE PLAN. A fmal 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 feebased on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit. 8. SETBACKS. The minimum setbacks aze those specified by the RM zoning district or as otherwise shown on the Conceptual Development Plans. 9. BUILDING HEIGHT.. The maximum height of the new single-family residences shall be 30 feet with the exception of Plan 1 which maybe up to 31 feet; The maximum height for detached gazages shall be 15 feet, except for lots 13 and 16 which will have a studio and may be up to 21 feet 6 inches. 10. STUDIOS. The studios over garages on lots 13 and 16 shall not be rented. A deed restriction shall be recorded stating this limitation, prior to issuance of building permits. 11. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications shall be reviewed as part of the Architecture and Site process. Page 3 of 18 IZ. *BIOLOGICAL RESOURCES MPl'IGATION MEASURE. All recommendations of the Town's Consulting Arborist shall be implemented to eliminate or min;m;ze 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. I5. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 16. RECYCLING. All wood, metal, glass and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s} accepting these materials, noting type and weight ofmaterial, shall be submitted to the Town prior to the Towns demolition inspection. rte, 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. *HISTORICALRESOURCES MITGATION MEASURE-1. A generalnote conveying the overall intent of Standard 6 shall be included in the construction documents and the _ _ _ __ __ individual drawing notes shall be clarified to specifically address replacement of historic features (Standard b). 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). Page 4 of 18 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-l. In the event that azchaeological traces are encountered, all construction. within a 20-foot radius of the find shall be halted, the Community Development Duector 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 azchaeological 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 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 aze no gaps, cracks, or openings (e.g., higk quality air-tight tongue-and-groove, boazd and batten, or shiplap design). 24. *NOISE MTI'GATION MEASURE-2. To the extent feasible, outdooruse azeas associated with project homes on Caldwell Avenue and Los Gatos Boulevard shall he protected with fencing so that outdoor noise levels meet the Town's 55-dBA outdoor noise goal. Building Division 25. DEMOLITION REQUIREMENTS: Obtain a Demolition Application and a Bay Area Air _Quality Management Application from the Building Service Counter. Once the demolition - ---- ----- ------- formhas been completed, all signatures obtained, and written venficafion from PG&E that all utilities have been disconnected, return the completed from to the Building Deparhnent Service Counter with the J# Certificate, PG&E verification, and three (3}sets of site plans to include all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town. Page 5 of 18 26. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names and house numbers to_ the Building Divisicn 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 arty contaminated soil shall be removed. 28. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE-Z. 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 former hospital use and automotive batteries in the Thrash House shall be properly disposed of. 30. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE-4. Aged light ballasts and other electrical equipment that are removed as part of proposed demolition of existing structures on the site shall be evaluated for the presence of PCBs and managed appropriately. 31. *NOISE MITIGATION MEASURE-3. Mechanical ventilation (fresh air supply systems) or air conditioning shall be provided in proj ect homes located adjacent to Los Gatos Boulevard as necessary to ensure that interior noise levels meet State Land Use Compatibility Noise Guidelines for single-family residences (45 dBA, Ldn or CNEL). TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 32. *GEOLOGY AND SOILS MITIGATION MEASURE. The recommendations of the geotechnical report by Donald E. Banta & Associates, Tnc. iri April 2607 shall be implemented. These recommendations address site preparation, earthwork operations, drainage, and foundations. 33. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct public improvements in accordance with Town Code §24.40.020. `,u Page 6 of 18 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 pemut. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 35. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements aze acceptable shall be provided prior to recordation of the final map. 36. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off-street valve boxes, hydrants, site lighting, electricaUcommunication/cablehoxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of anypermit. 37. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map. 38. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. 39. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Pazks & 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 azeas. Unless specifically allowed by the Director of Parks and Public _ Works, the grading permit will be issued concurrently with the building permit_The grading ___ perxnit'is for work outside fhe building footprint(s). ?.separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 40. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. Page 7 of 18' 41. 42. 43. 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 RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, maybe required for site retaining walls. Walls aze not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 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 documentedm an "as-built" letter/report prepazed by the applicants' soils engineer and submitted to the Town before final release of any occupancy 44. 45 permit is granted. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant; attend apre-constntction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in wasting 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. Page8of18 46. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. The soils report shall include specific criteria and standazds governing site grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 47. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with. their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 48. DEMOLTfION. Existing buildings crossing future lot lines shall be demolished prior to recordation of the final map. 49. FINAL TRACT MAP. A final track map shall be recorded. Two copies of the final track map shall be submitted to the Engineering Division of the Pazks & 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 aze issued. 1 50. DEDICATIONS. The following shall be dedicated on the final parcel map or by separate inshument. The dedication shall be recorded before any permits aze issued. a. Additional R/W and easements to accommodate future widening of Los Gatos Blvd. and Caldwell Ave. as required. 51. INTERSECTION IMPROVEMENTS. Applicant will construct improvements to relocate the existing cross walk crossing Los Gatos Blvd 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. 52. JOINT TRENCH PLANS. Joint trench plans_shall be reviewed and approved bythe 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 LSZA, and that private lights shall be metered with billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans. ' Page 9 of 18 53. STREET LIGHTS. Photometric design and proposed locations of future streetlights to be reviewed and approved prior to issuance of any permit. 54. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any pernut. 55. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepazed by a California registered civil engineer, reviewed and approved by the Town, and guazanteed 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. 56. PUBLIC IMPROVEMENT PLANS. Plan and profile sheets shall be provided for Private Street and Caldwell Ave during Improvement Plan review. 57. INDEMNITY AGREEMENT. An indemnity agreement to the Town of Los Gatos shall be required for any non-standard construction in the Public Right of Way (i.e. walls, intersection details, steps, etc.). 58. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as-built" drawings. 59. GENERAL. All public improvements shall be made according to the latest adopted Town Standazd Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of--way shall be kept cleaz of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of--way according to this condition may result in the Town performing the required maintenance at the developer's expense. Page 10 of 18 60. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI} and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an azea ifgrading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but aze not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order No. R2-2005-0035 of the amended Santa Claza County NPDES Permit. 61. DUST CONTROL. BIowing 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 azeas 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 Towri Engineer, or at least once a day. Watering. associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust_ All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or 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 11 of 18 62. 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 pazking, construction staging area, construction trailer, and proposed outhouse locations. 63. 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). 64. ENCROACHMENT PERMIT. All work in the public right-of--way will require a Construction Encroachment Permit. 65. 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. 66. SITE DRAINAGE. Rainwater leaders shall be dischazged to splash blocks. No through curb drains will be allowed without the approval of the Town Engineer 67. NPDES. On-site drainage systems shall include a filtration device such as a bio-Swale, permeable pavement, or other approved equivalent. Specific oa=lot systems to be reviewed and approved in subsequent approvals. 68. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with-the grading 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 Claza County NPDES Pemut 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/GradingPeanit, 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 12 of 18 69. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAIlVTENANCE 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 Pemut 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, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 70. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the publicright-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. 71. 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. 72. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement mazkers, 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. 73. 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 exisfing color, texture and design, and shall be constructed per Town Standazd Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. Page 13 of 18 74. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standazd Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 75. 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. 76. PRIVATE STREET SIDEWALK. The internal private sidewalk shall be ADA compliant. 77. DRIVEWAY APPROACH. The developer shall insta115 (five) Town standard residential approaches. The new driveway approach shall be constructed per Town Standazd Details or detailed on plans and approved by Town Engineer. 78. CURB RAMPS. The developer shall construct 2 (two) curb ramps at the entrance to the development and 1 (one) curb ramp at the project corner of Caldwell Avenue & Los Gatos Boulevard in compliance with ADA Standazds. 79. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 80. AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) cleazlymazked. 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 Mylaz and AutoCAD disk of the approved "as-built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Pemrit 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) Swmuning Pool, Layer: SW1MMiNG-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 14 of 18 81. 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 overIlow 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. 82. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 83. CONSTRUCTION NOISE. Between the hours 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 attwenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 84. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. 85. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 86. HAULING OF SOII.. 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 Page 15 of 18 Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the 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 freeboazd. 87. EXISTING EASEMENTS. All existing easements quitclaims shall be completed prior to Final Map approval. 88. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate a weekly neighborhood e-mail notification program to provide project status updates. The e-mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter. 89. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 90. REQUIRED FIRE FLOW. The required fire flow for the project is 2,500 GPM at 20 psi residual pressure. 91. AUTOMATIC FIIZE SPRINKLER SYSTEM. An approved automatic fire sprinkler system is required for all buildings requiring a fire flow in excess of 2,000 GPM., hydraulically designed per National Fire Protection Association (NFPA) Standazd #13D. A State of California licensed fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval, prior to beginning work. It has been determined that the Thrash House will require a full automatic fire sprinkler system. 92. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved all weather surface and a minimum 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 Deparhnent Standard Details and Specifications A-1. Page 16 of 18 93. 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 pernut issuance may be withheld until required installations aze completed, tested and accepted. 94. PUBLIC FIRE HYDRANT. Provide public fire hydrants at locations to be determined jointly by the Fire Deparment and San Jose Water Company. Maximum fire hydrant spacing shall be 500 feet with a minimum single hydrant flow of 2500 GPM at 20 psi, residual. 95. FIRE HYDRANT LOCATION IDENTIFIER. 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. 96. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUNDREAUIRED. Provide an approved Fire Department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standazd Details and Specification sheet A-1. 97. 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 construction. During construction, emergency access roads shall be maintained clear and unimpeded. Building permit issuance may be held up until installations are completed. 48. FIRE LANE MARKNG REQUIRED. Provide mazking in conformance with Fire Department requirements for all roadways within the project. Installations shall conform to Local Government Standazds and Fire Department Standazd Details and Specifications A-6.. 99. PARKING ALONG ROADWAYS. The required fire access road sha21 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. 100. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and buildings in such a position as to be plainly visible and legible from the street or road ~ fronting the properly. Numbers shall contrast with their background. Page 17 of I8 SECTION VI This Ordinance was introduced at a regulaz meeting of the Town Council of the Town of Los Gatos on May 4, 2009, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on May 18, 2009 and becomes effective 30-days after it is adopted. COUNCIL MEMBERS: AYES: Diane McNutt, Steve Rice, and Mayor Mike Wasserman NAYS: Barbara Spector ABSENT: ABSTAII~I: Joe Pirzynski SIGNED: /s/Mayor Mike Wasserman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/Jackie D. Rose CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 18 of 18 Recommended by Planning Commission Date: Approved by Town Council Date: Ord: Clerk Administrator Mayor ffiIAIT A THIS PAGE. INTENTIONALLY LEFT BLANK ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ORDINANCE 2174 AND AbIENDING 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 GATOS BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to rescind Ordinance 2174 and to change the zoning on property at 371 Los Gatos Boulevard (Santa Claza 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 ofsi~teen~ seventeen (17) market rate single familyresidences {2) n°'.~:: ":urlct P:e'D7AD` -~°~-' 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 E%HIBIT 4 6. Uses permitted are those specified in the RM (Multiple-Family Residenfial) 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 construction 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 Exiribit 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 Z. 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 maybe the deciding body of the tentative map. 5. BELOW MARKRT PRICE (BMP) UNITS. The developer shall provide tsve {2) 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 anybuilding pemuts, 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 aze submitted for review prior to the issuance of a building permit. Page 3 of 20 8. SETBACKS. The minimum setbacks are those specified by the RM zoning district or as otherwise shown on the Conceptual Development Plans. 9. BUILDING HEIGHT. The maximum height of the new single-family residences shall be 30 feet with the exception of Plan 1 which maybe 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 ofbuilding 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 MI'I`IGATION 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 through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 16. RECYCLING. All wood, metal, glass and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight 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. *HISTORICAL RESOURCES MITGATION MEASURE-1. A general note conveying the overall intent of Standard 6 shall be included in the construction documents and the individual drawing notes shall be clarified to specifically address replacement of historic features (Standard 6). 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. hl the event that azchaeological 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 recommendafions. 22. *ARCHAEOLOGICALRESOURCES MITGATIONMEASURE-2. Mitigation can take the form of additional data retrieval through hand excavation combined with archaeological monitoring of all additional soil removal inside the zone of archaeological sensitivity to ensure that significant cultural resources are recorded and/or removed for further analysis before work is allowed to recommence. 23. *NOISE MITGATION MEASURE-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 fast 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 MI'T'IGATION MEASURE-l. The abandoned septic tank and its contents shall be removed from the site. Soil beneath the sepfic tank shall be tested for TPH and any contaminated soil shall be removed. 28. *IIAZARDS 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- basedpaints 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 former hospital use and automotive batteries in the Thrash House shall be properly disposed of. Page 6 of 20 30. *HAZARDS AND HAZARDOUSMATERIALS MPI'IGATIONMEASURE-4. Aged light ballasts and other electrical equipment that are removed as part of proposed demolition of existing structures on the site shall be evaluated for the presence of PCBs and managed appropriately. 31. *NOISE MITGATION MEASURE-3. Mechanical ventilation (fresh air supply systems) or air conditioning shall be provided in project homes located adjacent to Los Gatos Boulevard as necessary to ensure that interior noise levels meet State Land Use Compatibility Noise Guidelines for single-family residences (45 dBA, Ldn or CNEL). TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 32. *GEOLOGY AND SOILS MITIGATION MEASURE. The recommendations of the geotechnical report by Donald E. Banta & Associates, Inc. in April 2007 shall be implemented. These recommendations address site preparation, earthwork operations, drainage, and foundations. 33. 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'/z 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 less 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 documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks 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, electricaUcommunication/cableboxesaransformers, 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 fmal 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 ofParks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 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 wail--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 Departrnent at 110 E. Main Street, maybe 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 pemut 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 construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 46. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend 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 proj 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 Code. Page 9 of 20 48. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 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 Pazks & 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 aze issued. 51. DEDICATIONS. The following shall be dedicated on the final parcel map or by separate instrument. The dedication shall be recorded before any permits 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 walls 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. WATERDESIGN. WaterplansprepazedbySJWCmustbereviewedandapprovedpriorto 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 IIVIPROVEMENT 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 final "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 publicright-of--way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilifies. The storing of goods and materials onthe 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 publicright-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 prepazed and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an azea and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the fmal landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions G.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 minunum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging azeas 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 hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or 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 azea, 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 Pemut. 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 splashblocks. 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 OrderNo. R2-2005-0035 ofthe amended Santa Clara County NPDES Pemmt No. CA5029718. 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 onthe 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 associafion 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, pemuts and payment of fees. The agreement shall be recorded prior to release of any occupancy pernuts. 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 publicright-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. 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, sidewallcs, 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 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. 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. PR]VATE 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 bythe 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 structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 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 goads 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 a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the prof ect 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. REQUIlZED 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 Association (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 Department for review and approval, prior to beginning work. It has been determined that the Thrash House will require a full automatic fire sprinkler system. Page 17 of 20 93. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with apaved 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 Department Standard 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. FIItE FIYDRANT 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) ROADWAY TURNAROUND REQUIltED. Provide an approved Fire Department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform 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 construction. During construction, emergency access roads shall be maintained clear and unimpeded. Buildmg 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, pazking 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 of the Town Councff of the Town ofLos 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 NM1UE V ~ORDS~LGB7"i I-POA.DOC Page 20 of 20 Recommended by Planning Commission Date: Approved by Town Council Date: Ord: Clerk Administrator Mayor E%HIRIT A THIS PAGE INTENTIONALLYLEFT BLANK Develoument Plans Refer to the 9/7/10 Town Council Staff Report Attachment 2, Exhibit C EXHIBIT C THIS PAGE INTENTIONALLYLETT BLANK Project Description and Letter of Justification Dui 22 2oto Thrash House Development -Planned Development Amendmer~toWN of LOS GATOS July 2010 PLANNING DIVISION The new home on the especially prominent corner of Los Gatos Boulevard and Caldwell Avenue should fit within the fabric of the neighborhood and serve to preserve and enhance the Town's character. The cottage we propose for this corner is a home worthy of its location, with exceptional details and attractive elevations that suit its surroundings. Replacing the approved duplex with a narrower structure allows for improved separation between homes, creating better yards and continuing the established pattern along the boulevard. The lower roof line and single-story elements also improve visibility of the Thrash House. In lieu of placing our BMP duplex unit on this corner, we will provide three BMPs off=site in established Los Gatos neighborhoods. We have purchased these three homes of market rate with the intent to update the interiors and re-sell them. at the significantly lower-Below .Market Price. All three of the homes will be sold at the.affordable to 80 percent income level, instead of the 100 percent level. originally proposed for our two one-site BMPs. Two of the proposed BMP homes are located downtown, in the Pueblo de Los Gatos commuhity on Alberto Way. The homes are within the same neighborhood as the Thrash House, and are similar to those approved with our project. The Pueblo community offers superior amenities including a recreation center, a swimming pool, and spark-like open space area. The third home is a studio located in an established community in the rural Rancho Rinconada area, surrounded by peaceful landscaped common areas. Each of these off-site BMPs ar`e integrated into established market-rate neighborhoods, and are indistinguishable from the surrounding units, both inside and out. 1Ne will provide these three BMP uriits immediately, far earlier than we could have them built on site. In making them available sooner, buyers can take advantage of the historically low interest rates available now. Purchasing off-site BMP units creates the opportunity to enhance a prominent corner in a historic neighborhood and contribute to the Los Gatos quality of life. The Town further benefits from having additional BMP homes at a more affordable level than were previously approved. We look forward to working with the Town as we continue to preserve, promote, and protect the special character of Los Gatos. ffiIBIT 5 THIS PAGE INTENTIONALLYLEFT BLAN%