Ord 2175 - Amending Town Code Effecting a Zone change from CH to CH:PD for property at 15400 Los Gatos BoulevardORDINANCE 2175
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM CH TO CH :PD FOR PROPERTY AT
15400 LOS GATOS BOULEVARD (APN 424 -15 -045)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 15400 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 424 -15 -045)
as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted
Highway Commercial) to CHYD (Restricted Highway Commercial, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following:
1. Construction of a 40,000 square foot two story commercial building.
2. Landscaping, parking, and other site improvements shown and required on the Official
Development Plan,
3. Uses permitted are those specified in the underlying CH (Restricted Highway Commercial)
zone by Sections 29.60.420 (Permitted Uses) and 29.20.185 (Conditional Uses) of the
Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as
they may be amended in the future, subj ect to any restrictions or other requirements specified
elsewhere in this ordinance including, but not limited to, the Official Development Plan.
However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit. The first floor shall contain a minimum of 8,500
square feet of retail or restaurant space in the single story leg fronting on Los Gatos
Boulevard.
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SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site approval is required before construction and site improvement
construction work is performed, whether or not a permit is required for the work and before any
permit for construction is issued. Construction permits shall only be in a manner complying with
Section 29.80.130 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:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
Attachment 9 of the report to the Town Council for the June 1, 2009 meeting. Any changes or
modifications made to the approved plans shall be approved by the Director of Community
Development, Development Review Committee, Planning Commission or the Town Council,
depending on the scope of the change(s).
2. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and
hold harmless the Town and its officials in any action brought by a third party to overturn, set
aside, or void the permit or entitlement. This requirement is a condition of approval of all such
permits and entitlements whether or not expressly set forth in the approval, and may be secured
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to the satisfaction of the Town Attorney.
3. ARCHITECTURE AND SITE REQUIRED: An Architecture and Site application and approval
is required for the proposed building, parking lot improvements, and other site improvements.
The Development Review Committee shall be the deciding body for the Architecture and Site
application.
4. HEIGHT: The height of the structure shall not exceed 35 feet.
5. REAR SETBACK: The rear setback along Carlton Avenue shall not be less than twenty feet.
6. BENEFIT ASSESSMENT DISTRICT: The property owner agrees to participate in the Benefit
Assessment District for Los Gatos Boulevard should one be created by Town Council.
7. DEMOLITION: The demolition of the existing hazardous structures shall occur within 30 days
of the adoption of this ordinance.
8. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall
meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current
fee schedule adopted by the Town Council is required when working landscape and irrigation
plans are submitted for review prior to the issuance of a building permit.
9. *BIOLOGICAL RESOURCES MITIGATION MEASURE #1; All recommendations made by
Arbor Resources 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 March 20,
2008for details.
10. *CULTURAL RESOURCES MITIGATION MEASURE #1: Construction personnel involved in
earth moving shall be alerted to the potential for discovery of prehistoric materials and in
particular, concentrations of historic artifacts. Prehistoric archaeological resources could include
but not be limited to the following: darker than surrounding soils of a friable nature,
concentrations of stone, bone or fresh water shellfish, artifacts of these materials, and evidence of
fire (ash, charcoal, fire alerted earth or rock) and of course, burials, both human and animal.
11. *CULTURAL RESOURCES MITIGATION MEASURE #2: In the event that archaeological
traces are encountered, all construction within a 20 -foot radius of the find shall be halted, the
Community Development Director shall be notified, and an archaeologist shall be retained to
examine the find and make appropriate recommendations.
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12. *CULTURAL RESOURCES MITIGATION MEASURE #3: In the event that it appears further
earthmoving will affect a resource eligible for the California Register of Historic Resources
(CRHR), a plan for evaluation of the resource through limited hand excavation should be
submitted to the Town's Community Development Department for approval. If evaluative
testing demonstrates that the project will affect a CRHR eligible resource, a plan for the
mitigation of impacts to the resource should be submitted to the Community Development
Department for approval before construction is allowed inside the zone designated as
archaeologically sensitive.
13. *CULTURAL RESOURCES MITIGATION MEASURE #4: If the Community Development
Director finds that the archaeological find is not a significant resource, work will resume only
after the submittal of a preliminary archaeological report and after provisions for reburial and
ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native
American and for reburial will follow the protocol set forth in CEQA Guidelines Section
1.5064.5(e). If the site is found to be a significant archaeological site, a mitigation program will
be prepared and submitted to the Community Development Director for consideration and
approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.
14. *CULTURAL RESOURCES MITIGATION MEASURE #5: A final report shall be prepared
when a find is determined to be a significant archaeological site, and /or when Native American
remains are found on the site. The final report will include background information on the
completed work, a description and list of identified resources, the disposition and curation of
these resources, any testing, other recovered information, and conclusions.
15. *GEOLOGY AND SOILS MITIGATION MEASURE #1: The recommendations of the
geotechnical report by CEG in July 31, 2008 shall be incorporated in the final construction plans
for the proposed project. These recommendations address site preparation, earthwork operations,
drainage, and foundations.
16. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #1: The project
applicant and /or Town shall prepare a management plan to identify all suspected hazardous
materials and specify applicable regulations that would determine appropriate handling and
disposal of these materials. For suspected hazardous materials (contaminated soil and
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groundwater) that may be encountered during construction, the management plan shall include
contingency plans for site safety, worker protection, sampling and investigation, and disposal and
remediation; these shall be based on soil and groundwater sampling and testing that have been
completed to date. The management plan shall be filed with the Town of Los Gatos and all other
jurisdictional agencies prior to issuance of the demolition and grading permits.
17. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 42: If groundwater
is encountered during project construction and dewatering is required, the project applicant shall
undertake sampling and testing of the encountered groundwater in accordance with the
contingency sampling and investigation plan as specified in Measure # 15. If groundwater is
found to contain contaminants that exceed regulatory action levels, it may not be discharged into
the existing storm drainage system. Removal and handling of the contaminated groundwater
shall be done in a manner acceptable to the RWQCB, the Town, and other jurisdictional
agencies.
18. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building permit and /or final subdivision map detailing how the Conditions of Approval will be
addressed.
Building Division
19. *HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE #3: A state
certified lead -based paint professional shall be retained to perform a lead -based paint survey of
the existing structures and the recommendations of the professional shall be followed for
abatement of any identified lead -based paint prior to demolition of the structures.
20. PERMITS REQUIRED: A building permit shall be required for the new commercial building.
Separate permits are required for electrical, mechanical, and plumbing work as necessary.
21. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will be
addressed.
22. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
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23. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a
Bay Area Air Quality Management Application from the Building Department Service Counter.
Once the demolition form has been completed, all signatures obtained, and written verification
from PG &E that all utilities have been disconnected, return the completed from to the Building
Department Service Counter with the J# Certificate, PG &E verification, and three (3) sets of site
plans to include all existing structures, existing utility service lines such as water, sewer, and
PG &E. No demolition work shall be done without first obtaining a permit from the Town.
24. STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new street names and /or
house numbers /suite numbers to the Building Division prior to submitting for the building permit
application process.
25. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official, containing
foundation and retaining wall design recommendations, shall be submitted with the building
permit application. This report shall be prepared by a licensed civil engineer specializing in soils
mechanics. California Building Chapter 18.
26. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property or the public right -of -way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cal /OSHA regulations.
27. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if
a backwater valve is required and the location of the installation. The Town of Los Gatos
Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage
piping serving fixtures that have flood level rims less than 12- inches above the elevation of the
next upstream manhole.
28. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 -feet of
chimneys.
29. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to the
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Building Official for approval prior to issuance of the building permit. The Town Special
Inspection form must be completely filled -out, signed by all requested parties, and be blue -lined
on the construction plans. Special Inspection forms are available from the Building Division
Service Counter or online at www,los atg osea.gov /building
30. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara
County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 2406)
shall be part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee.
31. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
32. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Joel Paulson at (408) 354 -6879
b. Engineering /Parks & Public Works Department: Fletcher Parsons at 395 -3460
c, Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f. Bay Area Air Quality Management District: (415) 771 -6000
33, TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title 24
Accessibility Standards.
34. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any restaurant
use. The following agencies will review the grease trap requirements before issuance of the
building permit:
a. West Valley Sanitation District (WVSD): (408) 378 -2408
b. Environmental Health Department: (408) 885 -4200
c. Town Public Works Department: (408) 399 -7530
35, FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land
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surveyor shall be submitted to the project building inspector at foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report;
and, the building pad elevation, on -site retaining wall locations and elevations are prepared
according to approved plans. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
36. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #1: The southbound left -
turn lane at Los Gatos Boulevard /Village Square intersection shall be extended to a minimum of
200 feet to accommodate the•potential queue from project related left -turn movements.
37. *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE #2: The applicant shall
contribute to the addition of a second eastbound left -turn lane at the Los Gatos
Boulevard /Blossom Hill Road intersection for its incremental share of impact as determined by
the Town Engineer,
38. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading
permit application (with grading plans) shall be made to the Engineering Division of the Parks &
Public Works Department located at 41 Miles Avenue. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
Grading plans shall list earthwork quantities and a table of existing and proposed impervious
areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit
will be issued concurrently with the building permit. The 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.
39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the
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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.
40. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any
site work, the general contractor shall:
a. Along with the project applicant, attend a pre- construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub - contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
41. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading permit plan review process.
42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading
permit application. A geotechnical review to determine the potential for fault ground rupture is
required. Geotechnical Engineer must review and submit a report on the mapped faults in the
area of the project and evaluate the potential for fault ground rupture and seismically induced
liquefaction. 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.
43. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the
final grading and drainage plans to ensure that designs for foundations, retaining walls, site
grading, and site drainage are in accordance with their recommendations and the peer review
comments. The applicant's soils engineer's approval shall then be conveyed to the Town either
by letter or by signing the plans.
44. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer.
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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.
45. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) Traffic study is required. The
developer shall pay a fee proportional to the project's share of transportation improvement
needed to serve cumulative development within the Town of Los Gatos. The fee amount will be
based upon the Town Council resolution in effect at the time the building permit applications are
made. The fee shall be paid before the building permit is issued. The traffic impact mitigation
fee for this project, using the current fee schedule and the preliminary plans is $184,633.00. The
final fee shall be calculated from the final plans using the rate schedule in effect at the time of the
building permit application.
46. LOS GATOS BOULEVARD /GATEWAY DRIVE IMPROVEMENTS: Replace existing non-
LED signals with LED signals. Replace existing 8 -inch signal heads with 12 -inch signal heads.
Replace existing pedestrian signal heads with LED pedestrian countdown heads. Replace non-
ADA pedestrian push buttons with ADA compliant push buttons. Install video detection for
northbound and southbound Los Gatos Boulevard. Replace existing safety lighting fixture with
LED lighting fixture. Construct an ADA wheelchair ramp at the project corner of the
intersection.
47. LOS GATOS BOULEVARD /VILLAGE SQUARE SHOPPING CENTER IMPROVEMENTS:
Extend the southbound left -turn pocket on Los Gatos Boulevard at the Village Square Shopping
Center to a total length of 220 feet of storage plus an 80 -foot transition. Install a video detection
for the extended left -turn pocket.
48. LOS GATOS BOULEVARD /BLOSSOM HILL ROAD MITIGATION FEE: Prior to issuance of
a Building Permit, the developer shall contribute toward the future construction of a second left -
turn lane for eastbound Blossom Hill Road. Actual contribution will be calculated at the time of
building permit application.
49. LARK AVENUE /LOS GATOS BOULEVARD MITIGATION FEE: Prior to issuance of a
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Building Permit, the developer shall pay a proportional share of the project specific intersection
mitigation costs. Actual cost will calculated at the time of building permit application.
50. IMPROVEMENTS: Install a pedestrian crosswalk on the west leg of the Gateway /Carlton
intersection.
51. IMPROVEMENTS: Bicycle Parking Facilities. Install bicycle parking facilities on -site per
VTA's requirement.
52. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not
be allowed unless a special permit is issued. The developer's representative in charge shall be at
the job site during all working hours. Failure to maintain the public right -of- -way according to
this condition may result in the Town performing the required maintenance at the. developer's
expense.
53. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security.
54. 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.
55. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted
to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (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
area if grading is allowed during the rainy season. Interim erosion control measures, to be carried
out during construction and before installation of the final landscaping shall be included. Interim
erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations
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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 Clara County NPDES Permit.
56. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and by
landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use
at the construction site. All portions of the site subject to blowing dust shall be watered as often
as deemed necessary by the Town, or a minimum of three times daily, or apply (non- toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in
order to insure proper control 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.
57. 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
which abuts property in a residential zone without prior approval from the Town Engineer (§
15.40.070).
58. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed.
59. NPDES. On -site drainage systems shall include a filtration device such as a bio -swale or
permeable pavement.
60. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with
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the grading permit application for all Group 1 and Group 2 projects as defined in the amended
provisions C.3.d. of Order No. R2- 2005 -0035 of the amended Santa Clara County NPDES
Permit No. CAS029718. The plan shall delineate source control measures and BMP's together
with the sizing calculations. The plan shall be certified by a professional pre - qualified by the
Town. In the event that storm water measures proposed on the Planning approval differ
significantly from those certified on the Building /Grading Permit, the Town may require a
modification of the Planning approval prior to release of the Building Permit. The applicant may
elect to have the Planning submittal certified to avoid this possibility.
61. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION
AND MAINTENANCE OBLIGATIONS. The property owner shall enter into an agreement with
the Town for maintenance of the stormwater filtration devices required to be installed on this
project by Town's Stormwater Discharge Permit No. CAS029718 and modified by Order No.
R2- 2005 -0035. The agreement will specify that certain routine maintenance shall be performed
by the property owner 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.
62. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home
owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily
basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's
storm drains.
63. UTILITIES. The developer shall install all utility services, including telephone, electric power
and all other communications lines underground, as required by Town Code §27.50.015(b). All
new utility services shall be placed underground. Underground conduit shall be provided for
cable television service.
64. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc.
shall be repaired and replaced to a condition equal to or better than the original condition.
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Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector, and shall comply with all Title 24 Disabled Access provisions.
Developer shall request a walk- through with the Engineering Construction Inspector before the
start of construction to verify existing conditions.
65. 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.
66. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any
curb and gutter damaged now or during construction of this project. New curb and gutter shall
be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
proj ect.
67. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial
driveway approach. The new driveway approach shall be constructed per Town Standard
Details.
68. CURB RAMPS. The developer shall construct one (1) curb ramp(s) according to State Standard
Drawings at the crosswalk at Los Gatos Blvd. and Gateway Drive. The actual "Case" as shown
on the standard to be used will be decided by the Engineering Construction Inspector during the
construction phase of the project.
69. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with Town
Code Section §23.10.080.
70. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line.
71. SANITARY SEWER BACKWATER 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
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drainage piping shall be protected from backflow of sewage by installing an approved type
backwater valve. Fixtures above such elevation shall not discharge through the backwater valve,
unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any
liability or responsibility for damage resulting from a sewer overflow where the property owner
or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform
Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a
functional operating condition. Evidence of West Valley Sanitation District's decision on
whether a backwater device is needed shall be provided prior to issuance of a building permit.
72. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered. Provide a
sanitary sewer connection to the trash enclosure if a restaurant is proposed.
73. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception, separation or pretreatment of effluent.
74. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 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.
75. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during
the course of construction. Superintendence of construction shall be diligently performed by a
person or persons authorized to do so at all times during working hours. The storing of goods
and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is
issued by the Engineering Division.
76, TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering
Division of the Parks and Public Works Department to develop a traffic control plan for
incorporation into the construction bid documents (specifications), and this plan will include, but.
not be limited to, the following measures:
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a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, and special events. The schools
located on the haul route shall be contacted to help with the coordination of the
trucking operation to minimize traffic disruption.
77. HAULING OF SOIL. Hauling of soil on or 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 project site. This may
include, but is not limited to provisions for the developer /owner to place construction
notification signs noting the dates and time of construction and hauling activities, or providing
additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all
trucks to maintain at least two feet of freeboard.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
78. REQUIRED FIRE FLOW: The fire flow for this project is 7,500 gpm at 20 psi residual pressure.
As an automatic fire sprinkler system will be installed, the fire flow has been reduced by 75%
establishin an adjusted fire flow of 1,875 gpm at 20 psi residual pressure. The adjusted fire flow
is available from area water mains and fire hydrant(s) which are spaced at the required spacing.
79. AUTOMATIC FIRE SPRINKLERS: Approved automatic fire sprinklers are required in all new
and existing modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or
more stories in height. A State of California licensed (C -16) Fire Protection Contractor shall
submit plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work.
80. PUBLIC FIRE HYDRANT(S): Provide 3 public fire hydrant(s) at location(s) to be determined
jointly by the Fire Department and San Jose Water Company. Maximum fire hydrant spacing
shall be 250 feet, with a minimum single hydrant flow of 1,875 gpm at 20 psi residual pressure.
If area fire hydrant(s) exist, reflect their location on the civil drawings included with the building
permit submittal.
Page 16 of 19
81. PRIVATE ON -SITE FIRE HYDRANT: Provide one on -site fire hydrant installed per NFPA
Standard #24, at a location to be determined by the Fire Department. Maximum hydrant spacing
shall be 250 feet, with a minimum acceptable flow of 1,875 gpm at 20 psi residual pressure.
Prior to design, the civil engineer shall meet with the fire department water supply officer to
jointly spot the required fire hydrant location.
82. ON -SITE PRIVATE FIRE SERVICE MAINS AND /OR HYDRANT: Installation of private fire
service mains and /or fire hydrants shall conform to Mational Fire Protection Association
Standard #24 and Fire Department Standard and Details and Specifications W -2. If the supply
piping is "combined" (sprinkler system and hydrants), a U.L. approved 4 -way FDC shall be
provided. A separate installation permit from the fire department is required.
83. HOSE VALVES /STANDPIPES: Buildings 3 stories or more in height or where emergency
access has been deemed minimal shall be equipped with standpipes designed per NFPA Standard
#14 and be equipped with 2 '/2 hose valves located within the stair enclosure(s), specifically
within parking structures at stairwells.
84. FIRE APPARATUS ACCESS: Provide access roadways with a paved all-weather surface with 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 %.
For installation guidelines refer to Fire Department Standard Detail and Specifications sheet A -1.
Identify all required dimensions on the site access plans.
85. FIRE LANE MARKING: Provide marking for all roadways within the project. Installations
shall also conform with Local Government Standards and Fire Department Standard Details and
Specifications A -6.
86. ACCESS: Gates across the emergency access roadways shall be equipped with an approved
access device. If the gates are operated electrically an approved Knox key switch shall be
installed; if they are operated manually then an approved Knox padlock shall be installed.
87. EMERGENCY GATE /ACCESS GATE: Gate installations shall conform with Fire Department
Standard Details and Specification G -1 and when open shall not obstruct any portion of the
required width for emergency access roadways or driveways. Locks, if provided, shall be fire
department approved prior to installation.
Page 17 of 19
88. COMMUNITY BENEFIT: Applicant shall install improvements identified as the four
community benefits on page 9, item K, of the Town Council Staff Report dated May 26, 2009.
The new traffic calming crosswalk across Carlton Avenue at Gateway Drive leading to the park
shall be combined with additional traffic calming devices, to be determined by the Town upon
consultation with the community, for an additional amount to be paid by the applicant not to
exceed twenty -five thousand dollars ($25,000.00).
Page 18 of 19
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 1, 2009, 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 June 1.5, 2009 and becomes effective
30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, and Mayor Mike Wasserman
NAYS: Barbara Spector
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTE
bAMINISTRATOR CLE OF THE TOWN OF LOS GATOS
LOS G, CALIFORNIA
Page 19 of 19
\I /
TOWN OF LOS GATOS
Forwarded by Planning Commission Date: May 13, 2009
Approved by Town Council Date: June 15, 2009 Ord: 21'�
Clerk Administrato� Mayor