2011060610 - Attachment 10 - 16005 Los Gatos BoulevardORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
ZONE CHANGE FROM CH to CH:PD AT 16005 LOS GATOS BOULEVARD
AND 625 BLOSSOM HILL ROAD
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 at 16005 Los Gatos Boulevard and 625 Blossom Hill Road -as shown on the map
which is attached hereto marked Exhibit A and is part of this Ordinance from CH
(Restricted Commercial Highway), to CH:PD (Restricted Commercial Highway, 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 the existing auto dealership buildings;
2. Construction of 30,790 square feet of retail commercial space;
3. Construction of three Below Market Price single-family residences;
4. Construction of 22 single-family market rate residences; and
5. Landscaping, streets, parking, open space and other site improvements
shown and required on the Official Development Plan.
6. Uses permitted are those specified in the underlying CH (Restricted
Commercial Highway) zone by Sections 29.60.085 (Permitted Uses) and
29.60.090 (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, subject 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.
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Attachment 10
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 the demolition of the existing
commercial buildings, 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 Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans), are part of the
Official Development Plan. The following must be complied with before issuance of any
grading or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official
Development Plans and this ordinance establish the allowed uses and intensity of
development. The Official Development Plans are conceptual in nature such that
minor deviations may be approved through the Architecture and Site approval
process if necessary to achieve architectural excellence. The Planning
Commission shall be the deciding body of the Architecture and Site applications.
2. RECOMMENDATIONS OF CONSULTING ARCHITECT. The recommended
project changes as made by the Town's Consulting Architect in his letter dated
April 6, 2011 shall be incorporated during the Architecture and Site application
process.
3. OPEN SPACE. The landscape plan shall provide details aimed at strengthening
the integration of the open space with the residential development.
4. CONSTRUCTION ACCESS. Access to the project site during demolition and
construction activities shall be provide via Los Gatos Boulevard=and Blossom Hill
Road and shall not be provided from Placer Oaks Road.
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5. DEMOLITION. The demolition of the existing structures shall occur within 30
days of the approval of the Architecture and Site applications.
6. SETBACKS. The minimum setbacks permitted are documented on the approved
plans attached as Exhibit B. If multiple measurements are provided the lesser
measurement shall be the minimum.
7. PROJECT PHASING. Prior to issuance of a building permit for the 11th market
rate unit, building permits for the commercial structures on the easterly portion of
the site shall be issued. Building permits for the 22nd market rate unit shall not be
finaled until such time as the building permits for the commercial structures are
finaled. This condition is not intended to include building permits for tenant
mprovemeuts 'for the commercial structures
8. TRASH ROOM DOOR. A high quality exterior trash room door such as wood
with wrought iron details, consistent with the materials used throughout the
project shall be used for trash rooms in both Building 1 and Building 2. The
details of this door shall be incorporated in the Architecture & Site application
plans.
9. OUTDOOR LIGHTING. Outdoor lighting shall comply with Town Code and
Building Code regulations. Tea/string lights are prohibited by Municipal Town
Code regulations. .
10. BMP. The developer shall work with the Town during the Architecture and Site
approval process to make the required arrangements for the BMP units. The BMP
units must receive approved building permits prior to the issuance of the building
permit for the 11`h market rate unit. The BMP contract shall be completed prior to
issuance of a building permit. Final occupancy clearance of the BMP units shall
occur prior to the final of the last market rate unit.
11. DEED RESTRICTION. Prior to issuance of a building permit, a deed restriction -
shall be recorded by the applicant with the Santa Clara County Recorder's office,
stating that the required BMP units must be sold as below market priced units
pursuant to the Town's BMP regulations.
`12. FINISH OF BMP UNITS. The internal finish of the BMP units shall be identical
to that of the market rate units in the project, except that the developer may
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request Town approval of substitutions for luxury interior finishes, appliances and
fixtures.
13. HOUSE SIZE. The footprint, square footage and height of each house shall be
consistent with the Development Plans as shown in Exhibit B. No additional
- -square footage -shall -be permitted -for -the -residential uses.
14. COMMERCIAL DISPLAY WINDOWS. Display windows must be periodically
cleaned, maintained and changed. Display glass shall not be blacked -out or
obscured in any way by anymaterials(s) or objects(s) affixed in any manner to the
outside or inside surfaces of the glass, with the exception of the tenant's standard
vinyl safety window logos and flyers for nonprofit organizations.
15. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to
the issuance of Building, Grading or Encroachment Permit.
16. RECYCLING. All wood, metal, glass, and aluminum materials generated from
the demolished structures 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 Town's
demolition inspection.
17. TENTATIVE MAP. The Development Review Committee may be the deciding
body of the tentative map.
18. AIR QUALITY MITIGATION MEASURE 1. To limit the project's construction -
related dust, criteria pollutant, and precursor emissions, the following BAAQMD-
recommended Basic Construction Mitigation Measures shall be implemented:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in proper
condition prior to operation.
h. A publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints shall be posted at the site. This person
shall respond and take corrective action within 48 hours. The Air District's
phone number shall also be visible to ensure compliance with applicable
regulations.
19. BIOLOGICAL RESOURCES MITIGATION 2. With review and approval by the
Town, all recommendations made by Arbor Resources (October 11, 2010 and any
updates) will be implemented to eliminate or minimize the construction -related
impacts on the trees to be retained. Recommendations are listed under Section
5.0, Recommendations, of the arborist's report. These include recommendations
under the Design Guidelines section addressing tree retention and relocation, soil
disturbance, mulching, trenching, drainage facilities, and installation of new trees.
The report also provides recommendations for Protection Measures before and
during construction, encompassing fencing, removal of hardscape, demolition,
work within tree canopies, etc. The report's recommendations are included as
Attachment 3 of the Initial Study.
20. CULTURAL RESOURCE MITIGATION 3. Construction personnel involved
with earthmoving shall be alerted to the potential for the discovery of prehistoric
materials and in particular, concentrations of historic artifacts. Prehistoric
archaeological resources could include but not be limited to the following: darker
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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 altered earth or rock) and of course, burials, both human and animal.
21. CULTURAL RESOURCE MITIGATION 4. In the event that. archaeological
traces are -encountered; all construction within a 20-foot radius of the find shall be
halted, the Community Development Director shall be notified, and an
archaeologist shall be retained to examine the find and make appropriate
recommendations.
22. CULTURAL RESOURCE MITIGATION 5. In the event that it appears further
earthmoving will affect a resource eligible for the California Register of Historic
Resource (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.
23. CULTURAL RESOURCE MITIGATION 6. 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 reburialwill
follow the protocol set forth in CEQA Guidelines Section 15064.5(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.
24. CULTURAL RESOURCE MITIGATION 7. 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
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identified resources, the disposition and curation of these resources, any testing,
other recovered information, and conclusions.
25. NOISE MITIGATION MEASURE 12. To minimize construction noise impacts
on existing adjacent residences to the west, existing boundary fencing shall be
retained throughout the noisier earthmoving phase of construction or proposed
fencing along this boundary shall be constructed as early as possible (prior to
project grading activities if feasible). To maximize the fence's noise attenuation
effects, proposed fencing shall be solid with no gaps, cracks, or openings (e.g.,
high quality air -tight tongue -and -groove, board and batten, or shiplap design).
26. NOISE MITIGATION 13. As a condition of project approval, the Town will
require the commercial -related trash collection activities to "comply with Section
16.20.055 of the Noise Ordinance, which prohibits refuse collection. with a refuse
collection vehicle between the hours of 6:00 p.m. and 6:00 a.m. in a residential
zone.
27. NOISE MITIGATION 14. To meet the Town's 55-dB (DNL) residential noise
goal, balconies and decks shall be completely enclosed so that these spaces are no
longer exterior spaces. If such a design is undesirable, as determined during the
Site & Architecture approval process, the following design requirements shall be
implemented to achieve Town -recommended exterior noise guidelines in usable
outdoor spaces on proposed senior apartments and single-family residences:
a. To achieve compliance with the Town's 65-dB (DNL) exterior noise guideline
at proposed senior apai tinents, 42-inch high acoustically -effective railings
shall be constructed on the balconies of Units 1 to 4 along Los Gatos
Boulevard. The balcony railing height is in reference to the nearest balcony
floor elevation.
To achieve an acoustically -effective balcony railing, it must be constructed
air -tight (i.e. without cracks, gaps, or other openings) and must provide for
long-term durability, including the balcony floor. The railings can be
constructed of masonry, wood, concrete, stucco, metal or a combination
thereof, and must have minimum surface weight of 1.5 pound per square foot.
If wood fencing is used, homogenous sheet materials are preferable to
conventional wood fencing as the latter has a tendency to warp and form
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openings with age. However, high quality, air -tight tongue -and -groove, board
and batten, or shiplap construction can be used, provided that the construction
is air -tight and the minimum surface weight is met. Translucent materials,
such as glass, Lexan, or Plexiglas, may be incorporated into the barriers to
provide for -light and views; however, -they must have -a minimumthickness of
3/16 inches to meet the minimum surface weight requirement. Downspouts
and scuppers are preferable over sheet draining. All connections with posts,
pilasters, and the building shells must be sealed air -tight. No openings are
permitted between the upper railing components and the balcony floor.
To achieve compliance with the Town's 60-dB (DNL) exterior noise guideline
at side and rear yards of proposed single-family residences, six-foot high
acoustically -effective barriers between proposed homes on Lots 1 through 5
and along the west side of Lot 5, terminating near the garage (see Figure 1 of
Attachment 7 for the locations of the recommended noise -control barriers).
The barriers shall connect air -tight to the sides of the homes. The barrier
height is in reference to the nearest building pad elevation.
To achieve an acoustically -effective barrier, it must be constructed air -tight,
i.e., without cracks, gaps or other openings, and must provide for long term
durability. The barriers can be constructed of masonry, wood, concrete,
stucco, metal, earth berm or a combination thereof, and must have a minimum
surface weight of 2.5 pounds per square foot. If wood fencing is used,
homogeneous` sheet materials are preferable to conventional wood fencing as
the latter has a tendency to warp and form openings with age. However, high
quality, air -tight tongue -and -groove, board and batten or shiplap construction
can be used, provided that the construction is air -tight and the minimum
surface weight is met. Gates may be incorporated into the barriers; however,
they must meet the minimum surface weight and height requirements and
must fit tight when closed. Astragals or stops shall be used over the hinge
jamb and closure jamb gaps. A gap under a gate may be no more than 1-inch
high. All connections with posts, pilasters and the building shell must be
sealed air -tight. No openings are permitted between the upper barrier
components and the ground.
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28. NOISE MITIGATION 15. To achieve the acceptable interior noise levels of
45 dB (DNL) at proposed senior apartments (Title 24) and single-family
residences, the following noise control measures shall be incorporated into
the project design:
a. All windows and glass doors of living spaces that are proposed within 270
feet of the Los Gatos Boulevard centerline and with a direct or side view of
the roadway (Units 1 to 5) shall be kept closed at all times. All windows and
glass doors on these units shall have a minimum Sound Transmission Class
(STC) rating of 28. Mechanical ventilation shall be provided in these units.
All windows and glass doors of living spaces that are proposed within 120
feet of the Blossom Hill Road centerline and with a direct onsideviewof the
roadway (Lots 1 to 5) shall be kept closed at all times. All windows and glass
doors on these units shall have a minimum Sound Transmission Class (STC)
rating of 28. Mechanical ventilation shall be provided in these units.
When windows and doors are maintained closed for noise control, some type
of mechanical ventilation to assure a habitable environment must be
provided. The mechanical ventilation requirements are specified in the
Uniform Building Code (UBC) and described in Appendix B of the ELPA
study, which is included as Attachment 7 of the Initial Study. The windows
that are specified to be maintained closed are to be operable, as the
requirement does not imply a "fixed" condition. All other windows of the
project and all bathroom windows may have any type of glazing and may be
kept opened as desired unless the bathroom is an integral part of a living
space without a closeable door.
In addition to the required STC ratings, the windows and doors shall be
installed in an acoustically -effective manner. To achieve an acoustically -
effective window construction, the sliding window panels must form an air-
tight seal when in the closed position and the window frames must be
caulked to the wall opening around their entire perimeter with the non -
hardening caulking compound to prevent sound infiltration. Exterior doors
must seal air -tight around the full perimeter when in the closed position.
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The acoustical test report of all sound -rated windows and doors should be
reviewed by a qualified acoustician to ensure that the chosen windows and
doors will be adequately reduce traffic noise to acceptable levels. Many dual -
pane windows and glass door assemblies have inherent noise reduction
problems in the traffic noise frequency spectrum due to resonance that occurs
within the air space between the window lites, and the noise reduction
capabilities vary from manufacturer to manufacturer
29. FINAL LANDSCAPE PLAN. The Town's Consulting Arborist shall review the
final plans during the Architecture and Site approval process. At that time, the
arborist shall determine the required tree protection measures and the proposed tree
removal mitigation which shall be incorporated in the final building plans.
Pursuant to Town Code, one and a half feet of vehicle overhang in the parking
stalls adjacent to Los Gatos Boulevard shall be landscaped with appropriate low
growing vegetation.
30. GOOD NEIGHBOR FENCE. The proposed eight foot high, solid wood "Good
Neighbor" fence along the east side property boundary shall be constructed as
early as possible (prior' to project grading activities if possible) to help reduce
construction noise at existing adjacent residences.
31. WATER EFFICIENCY. This project is subject to the Town's Water Efficient
Landscape Ordinance, Chapter 26, and Article IV of the Town Code. A fee as
established by Town Council resolution shall be paid when the landscape,
irrigation plans and water calculations are submitted for review prior to the
issuance of building permit.
32. NEW TREES. All newly planted trees are required to be double staked to Town
standards.
33. GENERAL. All newly planted trees shown on the plan are specific subjects of
approval of this plan and must remain on the site.
34. IRRIGATION. All newly planted landscaping shall be irrigated by an in -ground
irrigation system. Special care shall be taken to avoid irrigation which will
endanger existing native trees and shrubs.
35. PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to
construction or building permits being issued, the applicant shall meet with the
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Town's Consulting Arborist, at the developer's expense, concerning the need for
protective fencing around the existing trees and other required tree protection
measures identified in this ordinance. Such fencing is to be installed prior to, and
be maintained during, construction. The fencing shall be a five foot high chain link
attached to steel poles driven at least 18 inches into the ground when at the dripline
of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence
base may be used, as in a typical chain link fence that is rented.
36. SIGNAGE. A residential neighborhood sign is permitted and shall be reviewed
during the Architecture and Site approval process.
37. COMMERCIAL SIGN PROGRAM. A sign program shall be required for the
commercial development and shall be review during the Architecture and Site
approval process.
TO THE SATISFACTION OF THE BUILDING DEPARTMENT:
(Building Division)
38. PERMITS REQUIRED: A building permit shall be required for each new
commercial building, each townhome, and each single family unit. Separate
permits are required for electrical, mechanical, and plumbing work as necessary.
39. 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.
40. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
41. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application from the
Building Department Service Counter for each building to be demolished. 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.
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42. STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new
street names and townhome and residence addresses and commercial building
addresses and suite numbers to the Building Division prior to submitting for the
building permit application process.
- 43:--HAZARDOUS—MATERIAL-S-MITIGATION ---MEASURE - 9--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 groundwater) that may be encountered during
construction, the management plan shall include contingency plans for site safety,
worker protection, sampling and investigation, and disposal or 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.
44. HAZARDOUS MATERIALS MITIGATION MEASURE 10. 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. 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 .should be done in a manner acceptable to the
RWQCB, the Town, and other jurisdictional agencies.
45. HAZARDOUS MATERIALS MITIGATION MEASURE 11. 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.
46. 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.
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47. 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.
48. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil
engineer or land 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 that the building pad
elevations and on -site retaining wall locations and elevations have been 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
49. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residential units
shall be designed with adaptability features for single family residences per Town
Resolution 1994-61:
a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls,
at water closets, showers, and bathtubs, located 34-inches above the floor to
the center of the backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32-inches wide on the accessible floor.
c. Primary entrance shall be a 36-inch wide door including a 5' x 5' level
landing, no more than 1/2-inch out of plane with the immediate interior floor
level and with an 18-inch clearance at the interior strike edge.
d. Door buzzer, bell or chime shall be hardwired at the primary entrance.
50. TITLE 24 ENERGY COMPLIANCE: Required California Title 24 Energy
Compliance Forms must be blue -lined (sticky -backed) onto a sheet of the plans.
51. 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
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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.
52. 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.
53. TITLE 24 — COMMERCIAL: The building shall comply with the latest
California Title 24 Accessibility Standards.
54. 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
55. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section
1704, the architect or engineer of record shall prepare an inspection program that
shall be submitted to the Building Official for approval prior to issuance of the
building permit. The Town Special Inspection form must be completely filled -out,
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.losgatosca.gov/building
56. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town
standard Santa Clara County Valley Nonpoint Source Pollution Control Program
Sheet (or Clean Bay Sheet 24x36) 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.
57. PLANS: The construction plans shall be prepared under the direct supervision of
a licensed architect or engineer, (Business and Professionals Code Section 5538)
58. APPROVALS REQUIRED: The projectrequires the following departments and
agencies approval before issuing a building permit:
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a. Community Development — Planning Division (408) 354-6872
b. Engineering/Parks & Public Works Department: John Gaylord (408) 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
TO THE SATISFACTION OF THE -DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
59. 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.
60. BENEFIT ASSESSMENT DISTRICT. The developer shall participate in a
Benefit Assessment District for improvements on Los Gatos Boulevard should
one be created by Town Council. If such District is created prior to the Final Map
approval by Council the developer shall sign an Agreement to Participate which
shall be recorded prior to subdivision approval.
61. GEOTECHNICAL MITIGATION MEASURE 8. The recommendations of the
CEG geotechnical investigation and project review (October 21, 2009, and
December 18, 2009) shall be incorporated in the final construction plans for the
proposed project (Attachment 4 of the Initial Study). These recommendations
address site preparation, earthwork operations, drainage, and foundations.
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62. TRAFFIC MITIGATION MEASURE 16. A second eastbound left -turn lane shall
be added on Blossom Hill Road and both left -turn storage lanes shall be extended
to 250 feet (per lane) to accommodate future traffic levels.
63. TRAFFIC MITIGATION MEASURE 17. The project will be required to modify
their fair -share -of the-Blossom-Hill-Road/Los-Gatos-Boulevard-intersection-and
upgrade existing traffic signal to current Town standards including but not limited
to ADA ramps, pedestrian islands, signing, striping, vehicular signal heads,
................
pedestrian signals, video detection, safety lighting, as directed by Town Engineer.
64. 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.
65. 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.
66. 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 as detailed above.
67. UTILITYCOMPANY 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. -
68. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment
plant capacity fees shall be paid either immediately prior to the recordation of any
subdivision or tract maps with respect to the subject property or properties, or
immediately prior to the issuance of a sewer connection permit, which ever event
occurs first - written confirmation of payment of these fees shall be provided
prior to map recordation.
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69. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress
printing to the Town for review of above ground utilities including backflow
prevention devices, fire department connections, gas and water meters, off-street
valve boxes, hydrants, site lighting, electrical/communication/cable boxes,
transformers, and mail boxes. Above ground utilities shall be reviewed and
approved by Community Development prior to issuance of any permit.
70. 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.
71 SIT-E SUPERVISION. The General Contractor shall provide qualified supervision
on the job site at all times during construction.
72. 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.
73. TREE REMOVAL. Copies of all necessary tree removal permits shall be
provided prior to issuance of a grading permit.
74. 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
75. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction,
all excavations and grading shall be inspected by the applicant's soils engineer
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prior to placement of concrete and/or backfill so they can verify that the actual
conditions are as anticipated in the design -level geotechnical report, and
recommend appropriate changes in the recommendations contained in the report,
if necessary. The results of the construction observation and testing should be
_- documented--in--an-"as=built"-letter/report--prepared by the applicants' -soils
engineer and submitted to the Town before final release of any occupancy permit
is granted.
76. SIDEWALK CLOSURE Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit. Special provisions such as limitations
on works hours, protective enclosures, or other means to facilitate public access in
a safe manner may be required.
77. PARKING. Any proposed parking restrictions must be approved by the Los
Gatos -Monte Sereno Police Department.
78 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.
79. PLAN CHECK FEES. Plan check fees shall be deposited with the Town
prior to submittal of plans to the Engineering Division of the Parks and
Public Works Department.
80. INSPECTION FEES. Inspection fees shall be deposited with the Town prior
to issuance of any Permit or recordation of the Final Map.
81. THIRD PARTY SIGNAL INSPECTION FEES. Applicant shall
pay/reimburse the Town for the inspection of street lighting and traffic signal
related work by Town' s street lighting and traffic signal contractor. An
initial deposit of $1500 shall be made prior to the issuance of any permit.
Additional fees may be required and shall be fully borne by the applicant.
82. PRECONSTRUCTION MEETING. Prior to issuance of any peiiuit or the
commencement of any site work, the general contractor shall:
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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.
83. 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.
84. SOILS REPORT REVIEW. One copy of the final soils and geologic report shall
be submitted with the grading permit / public improvement application. The soils
report shall include specific criteria and standards governing site grading,
drainage, pavement design, retaining wall design and erosion control. The report
shall be signed and "wet stamped". by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
85. SOILS ENGINEER PLAN 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.
86. FINAL MAP. A final map shall be recorded. Two copies of the final map shall
be submitted to the Engineering Division of the Parks & Public _ Works
Department for review and approval. Submittal shall include closure calculations,
title reports and appropriate fee etc. The map shall be recorded before any
permits are issued.
87. DEDICATIONS. The following shall be dedicated on the final map. The
dedication shall be recorded before any permits are issued.
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a. Widening and full dedication (-7.5') along Blossom Hill Rd as shown on
proposed tentative map — easement offering will not be acceptable.
b. Public Service/Utility Easement (PSE/PUE) as required and as shown on
proposed tentative map.
c. —Ingress-egress,, storm drainage and -sanitary -sewer easements as required
d. Emergency Access Easement. Twenty-two (22) feet wide, as shown on
proposed tentative map.
88. 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.
89. WATER DESIGN. Water plans prepared by SJWC must be reviewed and
approved prior to issuance of any permit.
90. 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. Blossom Hill Road - New curb, gutter, sidewalk and associated
improvements associated with the roughly 7.5' widening including the
return onto Blossom Hill Road and the adjacent pork chop island (including
signal pole and associated equipment) as shown on the proposed plans. This
work will include existing utilities along this widening including an existing
power pole. Construction of the additional left turn lane pocket and
associated modifications to existing improvements including median island
relocation, striping and signal modifications,
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b. Placer Oaks Road — Widening of existing improvements along project
frontage including curb, gutter, installation of median island and tie in
paving.
c. All other public improvements or modifications of existing improvements
required to accommodate the proposed development including but not
limited to curb, gutter, sidewalk, standard residential and modified
commercial driveway entries, street lights, tie-in paving, half street grind
and overlay, signing, striping, stoup drainage and sanitary sewers, as
determined to be required by the Town Engineer..
91. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the
project's public frontage to current Town Standards. These improvements may
include curb, gutter, sidewalk, driveway approaches, curb ramps, street lighting
upgrade/repainting (including replacing existing street light fixtures with LED
fixtures), modifications to existing traffic signals, signage, striping etc. Proposed
species and location of street trees will be reviewed during the permit phase.
Magnolias will not be permitted due to damage their root system does to adjacent
sidewalk.
92. PERIMETER STREET RESURFACING. Existing half streets along project
perimeter will be required to be resurfaced/slurried and restriped at the
completion of the project.
93. 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.
94. TRAFFIC IMPROVEMENTS. Traffic signal improvements shall include and
may not be limited to replacement, relocation, and/or modification of signal
equipment, poles, cabinets, conduits, etcetera as required for proposed widening.
Improvements will also include upgrading existing video detection systems and
cameras to current standard, replacing incandescent signal indication with LED
modules, replacing 8" signal heads with 12", replace service pedestal with Type
III and replacing safety lighting with LED luminaires. Modification of existing
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pork chop island(s) and re -stripe as needed to accommodate pedestrian, bicycle
and modified vehicular turning movements. All relocation/replacement of
existing improvements including high voltage overhead poles, traffic controller
boxes and any other impacted facilities will be required of the applicant.
95 -FAIR SHAREw-CONTRIBUTION FOR- INTERSECTION IMPROVEMENTS.
Lark Avenue and Los Gatos Boulevard - $24,866 (based on 132 additional
AM/PM peak hour trips). University Avenue and Lark Avenue - $11,614 (based
on 22 additional AM/PM peak hour trips). The final contribution shall be
calculated from the final plans using a trip generation rate based on the final
project use mix.
96. TRAFFIC STUDY RECOMMENDATIONS. All recommendations included in
the TJKM Traffic Study dated December 23, 2009, including adding additional
turning lane on east bound Blossom Hill Rd, extending existing southbound
second left -turn lane on Los Gatos Blvd and installing signs and pavement
markings for driveway access control. This condition shall include modification
or installation of improvements including but not limited to pavement, curb,
gutter, sidewalk, street lights, traffic signals (and associated interconnect) required
to accommodate these recommendations. 'TJKM Traffic Study recommendations
were based on total project trips of 1,646 ADT, 181 AM peak Hour Trips and 136
PM Peak Hour Trips.. Should final mix of commercial component exceed these
limits additional review will be required.
9.7. TRAFFIC IMPACT MITIGATION FEE (NET COMBINED COMMERCIAL &
RESIDENTIAL). 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 application is 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
estimated at $320,000. The final fee shall be calculated from the final plans using
the rate schedule in effect at the time of the building permit application, using a
trip generation rate based on the final project use mix.
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98. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading
Permit, the project Applicant shall complete a pavement condition survey
documenting the extent of existing pavement defects using a 35-mm or digital
video camera. The limits of the survey shall be determined by the Town Engineer.
In addition, a pavement deflection analysis conforming to the same limits as the
photographic survey shall be performed to determine pavement strength. The
results shall be documented in a report and submitted to the Town for review.
99. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will
complete a pavement condition survey and pavement deflection analysis to
determine whether road damage occurred as a result of project construction and
whether there were changes in pavement strength. -Rehabilitation improvements
required to restore the pavement to pre -construction condition and strength shall
be determined using State of California procedures for. deflection analysis. The
results shall be documented in a report and submitted to the Town for review and
approval. The Applicant shall be responsible for completing any required road
repairs prior to release of the faithful performance bond.
100. 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 o.f the final landscaping
shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control
blankets, Town standard seeding specification, filter beims, 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.
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101. 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.
102. DUST CONTROL (SITES > 4 ACRES).The following measures should be
implemented at construction sites greater than four acres in area:
a. Hydroseed or apply (non -toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
Enclose, cover, water twice daily or apply (non -toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways:
e. Replant vegetation in disturbed areas as quickly as possible.
103. CONSTRUCTION MANAGEMENT PLAN. The Developer shall submit a
construction management plan that shall incorporate at a minimum the Earth
Movement Plan, Traffic Control Plan, Project Schedule, site security fencing,
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employee parking, construction staging area, construction trailer, and proposed
outhouse locations.
104. 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).
105. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No
through curb drains will be allowed.
106. NPDES. On -site drainage systems shall include a filtration device such as a bio-
swale or permeable pavement.
107. STORM WATER MANAGEMENT PLANS A storrri water management shall be
included with the grading permit application. 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 — additional deposit may
be required. 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.
108. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner /
homeowner's association shall enter into an agreement with the Town for
maintenance of the stormwater filtration devices required to be installed on this
project by Town's Stormwater Discharge Permit No. CAS029718 and modified
by Order No. R2-2005-0035. The agreement will specify that certain routine
maintenance shall be performed by the property owner / homeowner's association
and will specify device maintenance reporting requirements. The agreement will
also specify routine inspection requirements, permits and payment of fees. The
agreement shall be recorded prior to release of any occupancy permits.
109. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of
contractor and property owner to make sure that all dirt tracked into the public
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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.
110. UTILITIES. The developer shall install all new, relocated, or temporarily
removed utility services, including telephone, electric power and all other
-communications-lines -underground;-as- required -by —Town- Co d e-27-50.015
Underground conduit shall be provided for cable television service.
111. RESTORATION OF PUBLIC IMPROVEMENT'S. The developer shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of developer's operations. Improvements such as, but not
limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised
pavement markers, thermoplastic pavement markings, etc. shall be repaired and
replaced to a condition equal to or better than the original condition. Existing
improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled
Access provisions. Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing
conditions.
112. 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.
113. 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 project.
114. DRIVEWAY APPROACH. The developer shall install Town standard residential
and commercial driveway approaches unless otherwise noted. The new
residential driveway approach on Placer Oaks Drive shall be constructed per
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Town Standard Details and the commercial entries shall be modified to the
approval of the Town Engineer.
115. FENCING. Any fencing proposed within 200-feet of an intersection shall comply
with Town Code Section §23.10.080.
116. 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 Perfou uance'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.
117. 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.
118. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures
which have flood level rims less than twelve (12) inches (304.8 mm) above the
elevation of the next upstream manhole and/or flushing inlet cover at the public or
private sewer system serving such drainage piping - shall be protected from
backflow of sewage by installing an approved type backwater valve. Fixtures
above such elevation shall not discharge through the backwater valve, unless first
approved by the Administrative (Sec. 6.50.025). The Town shall not incur any
liability or responsibility for damage resulting from a sewer overflow where the
property owner or other person has failed to install a backwater valve, as defined
section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the
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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.
119. OUTDOOR COMMERCIAL TRASH ENCLOSURES. Outdoor trash enclosures
shall --be covered- and -area -drains -connected -to- the- sanitary -sewer -system -shall be
provided. Temporary trash enclosures and trash bins for individual residential
units are exempt from this condition.
120. 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.
121. 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. 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.
122. 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
28
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,
123. 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.
124. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and
grading, shall be issued simultaneously.
125. FUTURE STUDIES. Any post project traffic or parking counts, or other studies
imposed by Planning Commission or Town Council shall be funded by the
applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
126. PUBLIC FIRE HYDRANT(S). The developer shall provide public fire
hydrant(s) at location(s) to be determined jointly by the Fire Department and the
San Jose Water Company. Maximum hydrant spacing shall be 400 feet, with a
minimum single hydrant flow of 1,500 GPM at 20 psi residual. If area fire
hydrants exist, reflect their location on the civil drawings included with the
building permit submittal. To prevent building permit delays, the developer shall
pay all required fees to the water company ASAP.
127. PRIVATE ON -SITE FIRE HYDRANT(S).. As an alternative to Performance
Standard 119 above,. provide 3 private on -site fire hydrants installed per NFPA
Std. #24, at locations to be determined by the Fire Department. Maximum hydrant
spacing shall be 250 or 500 feet, with a minimum acceptable flow of 1,500 GPM
at 20 psi residual pressure. Prior to design, the project civil engineer shall meet
with the fire department water supply officer to jointly spot the required fire
hydrant locations.
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128. FIRE APPARATUS (ENGINE) ACCESS ROADS. The developer shall provide
access roadways with a paved all weather surface, 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 to Fire —Department— Standard Details ---and
Specifications sheet A-1.
129. EMERGENCY GATE/ACCESS GATE. Gate installations shall conform with
Fire Department Standard Details and Specifications G-1 and, when open shall
not obstruct any portion of the required width for emergency access road way or
driveways. Locks, if provided, shall be fire department approved prior to
installation. Gates across the emergency access road way shall be equipped with
approved access devices. 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. Gates providing access from a road to a driveway
or other roadway shall be at least 30 feet from the road being exited.
130. FIRE SPRINKLERS. Approved automatic 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. Exception: one-time additions to existing
buildings made after 1/01/2008 that do not exceed 500 gross square feet. Note:
covered porches, patios, balconies, and attic spaces may require fire sprinkler
coverage. 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.
131. POTABLE WATER. Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility for
the applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water -
based fire protection systems, and/or fire suppression water supply systems or
storage containers that may be physically connected in any manner to an
appliance capable of causing contamination of the potable water supply of the
purveyor or record. Final approval of the system(s) under consideration will not
30
be granted by the Fire Department until compliance with the requirements of the
water purveyor of record are documented by that purveyor as having been met by
the applicant(s).
132. PREMISES IDENTIFICATION. Approved numbers or addresses shall be placed
on all new and existing 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.
133. EMERGENCY ESCAPE/RESCUE. Ground -ladder rescue from second floor
rooms shall be made possible for fire department operations. With the climbing
angle of seventy-five degrees maintained, an approximate walkway width along
either side of the building shall be no less than seven feet clear. Landscaping shall
not be allowed to interfere with the required access.
134. TIMING OF ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department
prior to the start of combustible construction. Bulk combustible materials shall
not be delivered to the site until installation is complete. During construction,
emergency access roads shall be maintained clear and unimpeded. Note that
building permit issuance may be withheld until installations are completed.
Temporary access roads may be approved on a case by case basis.
135. TIMING OF REQUIRED WATER SUPPLY HYDRANTS. Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible
materials. Building permit issuance may be withheld until required installations
are completed, tested and accepted.
TO THE SATISFACTION OF THE TOWN ATTORNEY
136. 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.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the
Town -of -Los Los -Gatos on 2011—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
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\ORDS\16005 LGB-Ordinance (revised).doc
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
32
16005,Los Gatos'BoulevardN
MOWN OF LOS GATOS
Application No. PD-07-145 A.P.N. # 529-16-025, 053
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change From: CH To: CH:PD
❑ Prezoninfj
Action by Planning Commission
Approved by Town Council Date:
Clerk Administrator
Mayor
Date:April 27, 2011
Ord:
Exhibit A
of Attachment 10
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