2011072505 - Planned Development Application - Placer Oaks RoadMEETING DATE: 07/25/2011
ITEM NO: 5.
COUNCIL AGENDA REPORT
DATE: JULY 5, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD-11-002. PROJECT
LOCATION: PLACER OAKS ROAD. PROPERTY OWNER: LANDMARK
DEVELOPMENT CORP. APPLICANT: CUPERTINO DEVELOPMENT
CORP.
CONSIDER A REQUEST FOR APPROVAL OF A PLANNED
DEVELOPMENT AMENDMENT TO ALLOW AN OFF -SITE BELOW
MARKET PRICE HOUSING UNIT ON PROPERTY ZONED R-1:8:PD. APN
529-16-073.
RECOMMENDATION:
It is recommended that the Town Council:
1. Accept the report of the Planning Commission's findings and recommendations in the form
of meeting minutes (Attachment 5) (no motion required).
2. Adopt Resolution denying Planned Development Amendment PD-11-002 to allow an off -site
BMP unit (Attachment 2) (motion required).
ALTERNATIVES:
Instead of the aforementioned actions, the Council may:
• Make the required findings supporting the zone change amendment (Attachment 1) and
approve the application subject to the performance standards included in the Planned
Development Ordinance (Attachment 3) (motion required); and
• Move to waive the reading of the zone change Ordinance (motion required); and
• Direct to the Clerk to read the title of the zone change Ordinance (no motion required); and
' PREPARED BY: u)Wendie R. Rooney, Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance C unity Development
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Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Placer Oaks Road/Planned Development Application PD-11-002
July 5, 2011
• Move to introduce the Ordinance to effectuate the zone change (motion required); or
• Approve the application subject to the recommended, modified, or additional performance
standards (motion required); or
• Continue the project to a date certain with specific direction (motion required); or
• Remand the project to the Planning Commission with specific direction (Attachment 4)
(motion required).
BACKGROUND:
The Planning Commission considered the original Planned Development (PD) proposal on
September 23, 2009. The Commission recommended that the Town Council approve the
Mitigated Negative Declaration, Planned Development, and • General Plan Amendment
application. The project that was forwarded to Council included 10 new residential units, one of
which was a Below Market Price (BMP) unit. On May 3, 2010, the Town Council considered
plans for the 10-unit proposal and introduced the PD Ordinance. On May 17, 2010, the Council
adopted PD Ordinance 2190.
The Town Council adopted revised BMP Guidelines in October 2009. The guidelines allow the
Town Council to consider off -site construction of BMP units for residential developments with
five to nine units when the applicant has provided sufficient justification to the Town that an on -
site BMP unit is not viable. The applicant's request for an exception to this clause to allow an
off -site BMP unit in a project with more than nine units can only be approved through a PD
application. Pursuant to Town Code, the intent of a Planned Development application is to
provide alternative developments more consistent with site characteristics, create an optimum of
quantity and use of open space, and encourage good design.
DISCUSSION:
A. Project Summary
The applicant is requesting, by way of the PD application, to allow the approved on -site
BMP unit to be provided off -site and to replace it with a market rate residence on lot 2. This
would result in 10 new market rate units and one off -site BMP unit. The following table
compares the approved and proposed housing units:
'aPrpo1fl
•,, v ;s siondPD
Market Rate
Units
9
10
BMP Units
1 on -site
0 off -site
0 on -site
1 off -site
Total Units
10
11
Please see Attachment 6 for additional information regarding the project.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: Placer Oaks Road/Planned Development Application PD-11-002
July 5, 2011
B. Planning Commission
On June 8, 2011, the Planning Commission considered the subject application and
recommended denial of the Planned Development amendment on the basis that BMP units
would be consolidated in one area at the proposed off -site location, there is no benefit to the
Town to move the BMP unit off -site, and that nine market rate units were approved by the
Town as a compromise to the adjacent neighborhood. See Attachment 5 for the
Commission's full discussion.
PUBLIC COMMENTS:
At this time, the Town has not received any public comment
CONCLUSION:
The BMP Guidelines include a provision for off -site BMP units only for a development of five to
nine units. The PD application requests an alternative design, moving the required BMP unit
offsite, and replacing it with a market rate based unit. Although the proposal would provide a
BMP unit available this year as opposed to when the subdivision is developed in the future,
Town staff determined that the applicant's proposal may conflict with the Town's BMP
Guidelines in that the off -site BMP unit does not have the same characteristics of the market rate
units of the subject PD. The Planning Commission and Town staff recommended denial of the
application as discussed above.
ENVIRONMENTAL ASSESSMENT:
An Initial Study and Mitigated Negative Declaration were prepared for the Planned
Development, The MND was certified by the Town Council on May 17, 2010. No further
environmental analysis is required for the proposed PD amendment.
FISCAL IMPACT:
None.
Attachments:
1. Required Findings
2. Resolution denying the Planned Development Amendment
3. Draft Planned Development Ordinance (with Exhibit A)
4. Resolution remanding the Planned Development Amendment to the Planning Commission
5. Excerpt of the Planning Commission verbatim meeting minutes of June 8, 2011
6. Report to the Planning Commission for the meeting of June 8, 2011
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: Placer Oaks Road/Planned Development Application PD-11-002
July S, 2011
Distribution:
cc: Canyon Oaks of Los Gatos, LLC, 1307 S. Mary Avenue # 120, Sunnyvale, CA 94087
Rodger Griffin, Paragon Design Group, Inc., 405 Alberto Way Suite C, Los Gatos, CA
95032
WRR:JLS:cgt
N:\DEV\TC REPORTS\ 2011\PlacerOaks.docx
REQUIRED FINDINGS FOR:
Placer Oaks
Planned Development Application PD-11-002
Requesting approval of a Planned Development Amendment to relocate the proposed
below market price housing unit on property zoned R-1:8:PD. APN 529-16-073.
PROPERTY OWNER: Landmark Development Corp.
APPLICANT: Cupertino Development Corp.
FINDINGS
Required consistency with the Town's General Plan:
■ That the proposed Zone Change is internally consistent with the General Plan and its
Elements.
N:1DEV \FINDINGS\ 2011\PLACEROAKS. DOCX
ATTACHMENT 1
This Page
Intentionally
Left Blank
RESOLUTION 2011-
RESOLUTION DENYING A REQUEST FOR APPROVAL OF A PLANNED
DEVELOPMENT AMENDMENT TO ALLOW AN OFF -SITE BELOW MARKET PRICE
HOUSING UNIT ON PROPERTY ZONED R-1:8:PD.
APN: 529-16-073
PLANNED DEVELOPMENT APPLICATION PD-11-002
PROPERTY LOCATION: PLACER OAKS ROAD
PROPERTY OWNER: LANDMARK DEVELOPMENT CORP.
APPLICANT: CUPERTINO DEVELOPMENT CORP.
WHEREAS:
A. This matter came before the Town Council for public hearing on July 13, 2011, and was
regularly noticed in conformance with State and Town law.
B. The applicant seeks approval for a Planned Development amendment to allow an
off -site below market price housing unit on property zoned R-1:8:PD. The applicant is requesting to
allow the BMP unit to be provided off -site at 193 Terreno de Flores Circle Unit #B, and to build a
market rate residence on lot 2 at Placer Oaks Road.
C. On June 8, 2011, the Planning Commission considered the request of approval for a
Planned Development amendment to allow an off -site below market price housing unit on property
zoned R-1:8:PD. The Commission recommended denial of the request.
D. The Town's Below Market Price Housing Program is to provide the Town of Los
Gatos with a supply of affordable housing.
E. The Town's Below Market Price Housing Program Guidelines includes
characteristics of BMP units.
F. Town Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Town Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
ATTACHMENT 2
of material contained in the Council Agenda Report dated July 5, 2011, along with any and all
subsequent reports and materials prepared concerning this application.
RESOLVED:
1. The PD amendment application PD-11-002 to allow an off -site below market price
housing unit on property zoned R-1:8:PD is denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 25`b day of July 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\PESOS\Remand PlacerOaks.docx
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 2190 AT PLACER OAKS ROAD
(APNS: 529-16-073, 529-14-012 AND 067) TO. ALLOW
THE BELOW MARKET PRICE UNIT TO BE LOCATED OFF -SITE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
permit:
SECTION I
Uses and Improvements Authorized
The uses and improvements authorized by Ordinance 2190 are hereby amended to
1. Ten single family residences; and
2. Provision of one off -site Below Market Price unit (BMP) at 193 Terreno De
Flores Unit B, Los Gatos, CA;
3. Landscaping, streets, parking, open space and other site improvements shown and
required on the Official Development Plan; and
4. Uses permitted are . those specified in the underlying R-1 (Single Family
Residential) zone by Sections 29.40.385 (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, 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.
1
ATTACHMENT 3
SECTION H
Official Development Plan
Performance Standards of Ordinance No. 2190 are hereby amended to allow the BMP to
be located off -site. The following Performance Standards and revised site plans shown in Exhibit
A are part of the original Official Development Plan of Ordinance No. 2190 and must be
complied with before any 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 deviations will be
approved through the Architecture and Site approval process to achieve architectural
excellence and significant architectural diversity. Deviations include, but are not limited
to, building footprint (approved setbacks must still be maintained), height, window and
door locations, and architecture style and details. The Architecture and Site plans shall
be reviewed by the Town's Consulting Architect at the applicant's cost. The Planning
Commission shall be the deciding body of the Architecture and Site applications for the
new single family residences .
2. GARAGE WINDOW. The design of the garage window for Plan A -A shall be finalized
during the Architecture and Site approval process pursuant to the direction of the Town's
Consulting Architect's comments, dated May 29, 2008. This performance standard is not
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applicable if major changes occur to the house design as permitted in the above
Architecture and Site approval performance standard.
3. HOUSE SIZES. No additional square footage shall be permitted for any of the market
rate units. Additional square footage is permitted for the BMP unit.
4. BACKUP. A minimum garage backup distance of 25 feet shall be provided for Lots 4, 7
and 10.
5. LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture
and Site approval process. This plan shall be reviewed by the Town's Consulting
Arborist at the applicant's expense.
6. OFF -SITE LANDSCAPE SCREEN. The applicant shall work with the property owner
at 16996 Frank Avenue (APN 529-14-033), to construct a landscape screen on the Frank
Avenue property to provide screening for the glare from vehicles exiting the
development. The screen shall be installed prior to final occupancy of the first unit.
7. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the
issuance of a Building, Grading or Encroachment Permit.
8. ADDITIONAL TREE MITIGATION. The applicant shall mitigate the Oak tree removed
to accommodate the roadway realignment at the Placer Oaks Road frontage pursuant to
Town Code requirements.
9. TENTATIVE MAP. The Development Review Committee may be the deciding body of
the tentative map.
10. GREEN BUILDING. The houses shall be designed to achieve compliance with
GreenPoint Rated Standards for green building certification. The GreenPoint checklist
shall be completed by a Certified Green Building Professional.
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11. SOLAR. During the Architecture and Site approval process, all new residences, to the
extent feasible, shall be designed to take full advantage of passive solar opportunities.
12. WALKWAY: The applicant shall consider the possibility of installing the walkway at
grade during the Architecture and Site approval process.
13. SOUNDWALL. The soundwall shall be stepped to break the continuous length of the
wall. Final details of the soundwall shall be provided during the Architecture and Site
approval process. Gate(s) shall be provided in the soundwall to access the landscape area
adjacent to Highway 17 for maintenance purposes and shall be constructed pursuant to
the detailed noise study prepared by Edward L. Pack Associates (Pack), Inc, dated June
12, 2007.
14. FENCING. All proposed fencing for the development shall be reviewed during the
Architecture and Site approval process.
15. *BIOLOGICAL RESOURCES: If land clearing, grading, tree and brush removal, tree
trimming or demolition activities are to occur during the nesting season (i.e., between
February 1 and August 15), a pre -construction nesting bird survey shall be performed by
a qualified biologist. The biologist should survey the area immediately adjacent to the
construction area for the presence of nests. This pre -construction survey shall be
conducted no more than one week prior to the planned grading activity.
a. If nesting birds with eggs or young are observed during the pre -construction
surveys, grading in the affected project area shall not commence until after the
young have fledged.
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b. If no nesting birds are observed, no further action is required, and grading and
construction may proceed, provided it commences within one week of the survey
to prevent "take" of individual birds that may have begun nesting after the survey.
16. *TREES: Recommendations made by Arbor Resources (June 9, 2008) shall be
implemented to eliminate or minimize the construction -related impacts on the trees to be
retained. Recommendations are listed under Section 5.0 of the arborist's report but
Section 4.0 also includes additional design recommendations. These include design
guidelines section addressing tree location mapping, utility locations, drainage facilities,
and landscape design. The report also provides protection measures before and during
construction, addressing fencing, work within tree canopies, etc.
17. ARBORIST REQUIREMENTS. The developer shall implement, at their cost, all
recommendations made by the Town's Consulting Arborist identified in the Arborist's
report, dated June 9, 2008, and/or subsequent reports prepared during the Architecture
and Site process, on ; file in the Community Development Department. These
recommendations must be incorporated in the building permit plans, and completed prior
to issuance of a building permit where applicable. The applicant shall prepare and submit
a memorandum with the building permit, detailing how each of these recommendations
have or will be addressed.
18. TREE PROTECTION MEASURES. Prior to issuance of a building permit, the Town's
Consulting Arborist shall review the building permit plans, at the developer's cost, to
ensure all of the required tree protection measures have been implemented in the
construction plans,
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19. ADDITIONAL TREE MITIGATION. The applicant shall mitigate the Oak tree removed
to accommodate the roadway realignment at the Placer Oaks Road frontage pursuant to
Town Code requirements.
20. *ARCHAEOLOGICAL: In the event that archaeological traces are encountered, all
construction within a 50-meter radius of the find will be halted, the Community
Development Director will be notified, and an archaeologist will be retained to examine
the find and make appropriate recommendations.
21. *NATIVE AMERICAN REMAINS: If human remains are discovered, the Santa Clara
County Coroner will be notified. The Coroner will determine whether or not the remains
are Native American. If the Coroner determines that the remains are not subject to his
authority, he will notify the Native American Heritage Commission, who shall attempt to
identify descendants of the deceased Native Americans.
22. *FINAL ARCHAEOLOGICAL REPORT: A final report shall be prepared at the
applicant's cost 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 shall 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.
23. *ARCHAEOLOGICAL FIND: 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
6
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. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, 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.
25. BMP UNIT. The developer shall work with Town staff during the Architecture and Site
approval process to make the required arrangements for the BMP unit. The-BMP-unit
the last market rate unit. The BMP contract shall be completed prior to issuance of aMY
building permits.
final of the last market ratc unit.
26. DEED RESTRICTION. Prior to issuance of any building permits, a deed restriction
shall be recorded by the applicant with the Santa Clara County Recorder's office, stating
that the required BMP unit must be sold as a below market priced unit pursuant to the
Town's BMP regulations.
28. NOISE ABATEMENT. During the Architecture and Site approval process, the applicant
shall provide documentation on how the project has been designed and the proposed
7
construction methods and/or materials to lower the dBA, to come as close as possible to
meeting the Town's noise requirements. This documentation shall be above and beyond
the measures noted in the noise study for the Planned Development application. The
additional noise reduction measures approved for the Architecture and Site applications
shall be incorporated in the construction plans during the building permit process and
implemented in the construction of the units.
(Building Division)
29. *NOISE: The project shall be required to include a noise wall along the project boundary
that is contiguous to the Highway 17 freeway with the height specifications as
recommended in the detailed noise study prepared by Pack. To control flanking noise, the
barrier shall continue along the southern property boundary as specified in the detailed
noise study. In addition, recommended noise control measures (e.g., closed windows
where there is a direct line -of -sight, windows meeting specified Sound Transmission
Class ratings, and mechanical ventilation) shall be incorporated into project homes to
achieve acceptable interior noise levels.
30. PERMITS REQUIRED: A building permit shall be required for the construction of the
new single family residences and the sound wall. Separate perutits are required for
electrical, mechanical, and plumbing work as necessary.
31. CODES: Projects will be required to conform to the 2007 California Building, Fire,
Mechanical, Electrical, and Plumbing Codes. The CC's are based on model codes; 2006
8
International Building Code and Fire Code and 2006 Uniform Plumbing and Mechanical
Codes and the 2005 National Electrical Code.
32. 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.
33. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
34. 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.
35. 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.
36. 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, 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
9
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
37. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994-61:
a. Wooded backing (2" x 8" minimum) shall be provided in all bathroom walls, at
water closets, showers, and bathtubs located 34-inches from 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 a 36-inch wide door including a 5'x5' level landing, no
more than 1-inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
38. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-
1R, MF-1R, and WS-5R must be blue -lined on the plans.
39. 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.
10
40. 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.
41. PRIOR TO FINAL INSPECTION, provide a letter from a California registered architect
certifying the landscaping and vegetation clearance requirements have been completed
per the California Public Resources Code 4291 and Government Code Section 51182.
42. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled -out, 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.
43. 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.
44. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
45. APPROVALS REQUIRED. The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development, Planning Division: Sandy Baily (408)354-6873
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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.
TO THE SATISFACTION OF T It DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
46. 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.
47. SOILS INVESTIGATIONS AND REVIEW RECOMMENDATIONS. All requirements
and recommendations as outlined in the Geo Forensics, Inc — Geotechnical Investigation
for Proposed New 9-Unit Subdivision dated July 2, 2007 and the AMEC - Supplemental
Geologic and Geotechnical Peer Review dated July 7, 2008 and all referenced documents
therein shall be incorporated into final designs. This condition shall include the
12
requirement for a stability analysis to be completed per the July 7, 2008 AMEC Review.
This analysis shall be completed and provided to the Town Engineering Department prior
to any permits.
48. 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.
49. 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.
50. 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.
51. PATHWAY RAILINGS. All private and public pathways with adjacent downhill walls
or slopes greater than 3:1 shall have protective railings.
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52. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit and 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 reports shall be signed and "wet stamped"
by the engineer or geologist, in conformance with Section 6735 of the California
Business and Professions Code.
53. 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.
54. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as•
anticipated in the design -level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an "as -built" letter/report
prepared by the applicants' soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
55. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
56. 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
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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.
57. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of the final map.
58. 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.
59. DEDICATIONS. The following shall be dedicated on the final track map by separate
instrument. The dedication shall be recorded before any permits are issued.
a. Public Service Easement (PSE). Ten (10) feet wide, next to the Placer Oaks Road
right-of-way and five (5) feet wide, private road along lot frontages.
b. Ingress -egress, storm drainage and sanitary sewer easements, as required.
c. Emergency Access Easement. Twenty (20) feet wide, from the end of the private
road to Placer Oaks Road.
60. 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
15
billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
61. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
62. 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 depatlnient 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.
63. 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.
64. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
65. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a Califomia 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. Placer Oaks Road. Curb, gutter, sidewalk, street lights, tie-in paving, signing,
striping, storm drainage and sanitary sewers, as required.
16
66. 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.
67. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before
recordation of the map issuance of the building permit.
68. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements 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 is issued. The
fee shall be paid before issuance of a building permit. The traffic impact mitigation fee
for this project using the current fee schedule is $5,742 per unit. The final fee shall be
calculated from the final plans using the rate schedule in effect at the time the building
permit is issued.
69. INTERSECTION IMPACT FEES. The developer shall pay a fair share toward the future
intersection improvement at Lark Avenue/Los Gatos Boulevard. The fee amount is
estimated at $942.00.
70. COMMUNITY BENEFIT. Community benefit is required to mitigate traffic impact.
71. TRAFFIC CALMING CONTRIBUTION. The applicant has offered a contribution of
$15,000.00 to the Town for Neighborhood Traffic Calming as a community benefit.
These funds shall remain earmarked for the Placer Oaks neighborhood for a minimum
17
period of two (2) years. In the event that the neighborhood fails to submit
a Neighborhood Petition within the two (2) year period or fails to pass the criteria
required as defined by the Town Traffic Calming Policy then the payment shall be
reallocated to the next prioritized project in the Town Traffic Calming priority list. This
payment shall be paid prior to issuance of the first building permit.
72. SIGNAL UPGRADE. The developer shall upgrade the existing traffic signal equipment
at Los Gatos Boulevard/Chirco Drive by 1) Installing pedestrian countdown signal heads
and ADA-compliant pedestrian push buttons; 2) Replacing 8" signal heads with 12"
signal heads; and 3) Replacing non -LED signal indication with LED's
73. TRAFFIC CALMING. The developer shall re -stripe and re-sign the existing traffic
calming devices in the Chirco/Placer Oaks neighborhood as directed by the Town
Engineer.
74. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
75. 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.
18
76. 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.
77. 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.
78. 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
79. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions of section C.3 of the current Santa Clara County
NPDES Permit. The plan shall delineate source control measures and BMP's together
with the sizing calculations. The plan shall be reviewed and certified by the Town
Stormwater Quality Consultant — a deposit for this review will 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.
19
80. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The 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.
The agreement will specify that certain routine maintenance shall be performed by the
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.
81. 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 fmal landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of Order No. R2-2005-0035 of the amended Santa Clara County
NPDES Permit.
20
82. 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.
83. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
84. 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
21
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
85. SITE DRAINAGE. Rainwater leaders shall be piped through curb drains.
86. 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.
87. 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). Flex connection may be required at all connections to structures and over
grouted materials. All new utility services shall be placed underground. Underground
conduit shall be provided for cable television service.
88. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
22
89. 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.
90. 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.
91. DRIVEWAY APPROACH. The developer shall install 22 foot Town standard
residential driveway approaches. The new driveway approaches shall be constructed per
Town Standard Details.
92. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with
Town Code Section §23.10.080.
93. AS -BUILT PLANS. An AutoCAD disk of the approved "as -built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. 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
23
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.
94. 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.
95. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
96. 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)
24
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
97. 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 orpersons 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.
98. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
99. 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.
100. CC&R's. CC&R's shall be reviewed and approved by the Town Attorney, Community
Development Department, and Parks and Public Works Department prior to recordation
of the final map. The CC&R's shall include the maintenance of the soundwall and
landscaping of the soundwall.
25
101. *GEOLOGY AND SOIL: The recommendations of the geotechnical report by
GeoForensics Inc. (dated May 5, 2008) shall be implemented. These recommendations
address site preparation, grading, ground improvements, foundations, retaining walls,
drainage, and pavement.
102. ROAD REALIGNMENT — The roadway which enters and exits the development at
Placer Oaks Road shall be realigned during the subdivision application process to reduce
the glare from vehicles exiting the development.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
103. REQUIRED FIRE FLOW. Required fire flow for this project is 1,750 GPM at 20 psi.
residual pressure.
104. REQUIRED FIRE FLOW OPTION. The developer shall provide the required fire flow
from fire hydrants spaced at a maximum of 500 feet or provide an approved fire sprinkler
system throughout all portions of the building, designed per National Fire Protection
Association (NFPA) Standard #13D and local ordinances. The fire sprinkler system
supply valving shall be installed per Fire Department Standard Detail & Specification W-
1/SP-6.
105. PUBLIC FIRE HYDRANT(S). The developer shall provide one public fire hydrant at a
location to be determined jointly by the Fire Department and the San Jose Water
Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant
flow of 1,500 GPM at 20 psi residual. To prevent building permit delays, the developer
shall pay all required fees to the water company ASAP.
106. 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
26
the start of framing or delivery of bulk combustible materials. Building permit issuance
may be withheld until required installations are completed, tested and accepted.
107. LOCATION IDENTIFIER. Prior to project final inspection, the general contractor shall
ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in
the roadway, as directed by the Fire Department.
108. FIRE 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
six 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.
109. ROADWAY TURNAROUND. The developer shall provide an approved fire department
engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Installations shall conform to Fire Department Standard Details and Specifications sheet
A-1 and A-6. Decorative paving must be engineered to requirements of Standard A-1,
Road Design, #2. Cul-de-sac diameters shall be no less than 72 feet.
110. 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
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.
27
111. 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.
TO THE SATISFACTION OF THE TOWN ATTORNEY
112. 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.
113. GRAFFITTI REMOVAL. The developer shall post a letter of credit or cash in the sum
of twenty thousand dollars ($20,000.00) which shall be maintained for a period of fifteen
(15) years for the removal of graffiti on the sound wall once construction has been
completed.
*Required as Mitigation Measures
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on July 25, 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:
28
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERIC OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\ORDS\placeroaks. amend. doc
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
29
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Intentionally
Left Blank
RESOLUTION 2011-
RESOLUTION REMANDING A REQUEST FOR APPROVAL OF A PLANNED
DEVELOPMENT AMENDMENT TO ALLOW AN OFF -SITE BELOW MARKET PRICE
HOUSING UNIT ON PROPERTY ZONED R-1:8:PD BACK TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION.
APN: 529-16-073
PLANNED DEVELOPMENT APPLICATION PD-11-002
PROPERTY LOCATION: PLACER OAKS ROAD
PROPERTY OWNER: LANDMARK DEVELOPMENT CORP.
APPLICANT: CUPERTINO DEVELOPMENT CORP.
WHEREAS:
A. This matter came before the Town Council for public hearing on July 13, 2011, and was
regularly noticed in conformance with State and Town law.
B. The applicant seeks approval for a Planned Development amendment to allow an
off -site below market price housing unit on property zoned R-1:8:PD. The applicant is requesting to
allow the BMP unit to be provided off -site at 193 Terreno de Flores Circle Unit #B, and to build a
market rate residence on lot 2 at Placer Oaks Road.
C. On June 8, 2011, the Planning Commission considered the request of approval for a
Planned Development amendment to allow an off -site below market price housing unit on property
zoned R-1:8:PD. The Commission recommended denial of the request.
D. The Town's Below Market Price Housing Program is to provide the Town of Los
Gatos with a supply of affordable housing.
E. The Town's Below Market Price Housing Program Guidelines includes
characteristics of BMP units.
F. Town Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. Town Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the packet
ATTACHMENT 4
of material contained in the Council Agenda Report dated July 5, 2011, along with any and all
subsequent reports and materials prepared concerning this application.
RESOLVED:
1. The PD amendment application PD-11-002 to allow an off -site below market price
housing unit on property zoned R-1:8:PD is remanded to Planning. Commission for further
consideration.
2. The decision does not constitute a final administrative decision and the application
will be returned to Planning Commission for further recommendation. The application will then
be sent back to Council for a final decision.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 25th day of July 2011, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\Remand PlacerOaks.docx
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The proposed offsite
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opposed to
of the housing market today and
developing the existing project.
the proposed
The deciding body should consider if
of the BMP Guidelines.
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appear that all
LL: This particular u
My understanding is that it
occupied at this time.
JENNIFER SAVAGE: It could be available as early
as July, yes.
rd, Mr. Rodger
Seeing none, I'
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with the units, you can help us modify that condition in the
at
I'm thinking that if
COMMISSIO
what the process would be for that BMP
unit coming before us.
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footage and the Architecture and Site Application would come
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COMMISSIONER BOURGEOIS:
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the status of the new Housing Element. Having served on the
spent a lot of
relate to what we're doing tonight?
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that would impact the proposal tonight.
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I just have a factual
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When that was originally constructed were there BMP units in
that development?
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the Placer Oaks
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2.5 baths, and 1,243
The proposed BMP substitution is two stories,
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2.5 baths, and 1,484 square feet.
are individually designated for each of the units.
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in addition to
Placer Oaks has front
is true that the BMP on
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the exterior of their homes would be
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decrease in available
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funding for this
available to us on this project. As a consequence of these
economic realities, construction of this project
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it would be on the space
RODGER GRIFFIN:
t
then is the
difference that you couldn't do this with a TEMP because you
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further maintaining the existing sense of
meet the needs of a EMP buyer better than the approved BM?.
This is especially true when you consider the home will be
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what I'm looking
We looked at
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which is the front.elevation,
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of the garage by 300-400
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and then they'd all
house would be smaller.
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RODGER GRIFFIN:
the outcome of
Bluebird Lane development. Can you tell us
asons behind that?
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did not include a request for the
offsite BMP, and the justification as to why a BMP on the
site was not feasible.
Say the last part again.
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felt if we were
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there is no specific direction for size,
Guidelines do talk about the types of characteristics that
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As I've listened to this, first I thought it was
perhaps easier to get financing if there was
there because they were going to put in a bigger unit. So
that ultimately I
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In the letter from the
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to
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the approved BMP home is to
ission's direction,
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no reference to that
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similar mass and style.
JENNIFER SAVAGE:
does allow for additional square footage for that BMP unit,
and the BMP guidelines would precede the application for
rate units.
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site on that lot,
Development Application SD-11-002.
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add clearly two other reasons
stated for the record.
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TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: June 8, 2011
PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT/
PROPERTY OWNER:
CONTACT:
APPLICATION
SUMMARY:
RECOMMENDATION:
PROJECT DATA:
Jennifer L. Savage, Associate Planner
jsavage(C�losgatosca.gov
ITEM NO: 5
Planned Development Application PD-11-002
Placer Oaks Road (0.3 miles west of' Los Gatos Boulevard, east
of Highway 17)
Canyon Oaks of Los Gatos, LLC
Rodger Griffin, FAIBD, Paragon Design Group, Inc.
Requesting approval of a Planned Development Amendment to
allow an off -site below market price housing unit for property
zoned R-1:8:PD. APN 529-16-073.
DEEMED COMPLETE: May 18, 2011
FINAL DATE TO TAKE ACTION: Rezoning applications are
legislative acts and are therefore not governed by the Permit
Streamlining Act.
Soft Denial.
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards:
Parcel Size (entire project site):
Surrounding Area:
Medium Density Residential
R-1:8:PD
PD Ordinance 2190; General
Plan; Below Market Price
House Program Guidelines
3.05 acres
Existing Land Use I General Plan
Zoning
North 'Single Family ; Low Density
I R-1:8
East
I Multi -Family and Medium & Low
I RM-5:12 &
I R-1:8
Single Family 1 Density
South { Multi -Family I Medium Density
I RM-5:12:PD
West I Highway j
ATTACHMENT 6
Planning Commission Staff Report - Page 2
Placer Oaks Road/PD-11-002
June 8, 2011
CEQA:
An Initial Study and Mitigated Negative Declaration (MND) were
prepared for the Planned Development. The MND was certified
by the Town Council on May 3, 2010. No further environmental
analysis is required.
FINDINGS: ■ That the rezoning is consistent with the General Plan.
ACTION: Forward Planned Development PD-11-002 to the Town Council
with a Recommendation of Denial
EXHIBITS: 1. Location Map
2. Required Findings
3. Applicant's Letter (two pages), received May 17, 2011
4. Draft Planned Development Ordinance with Revised
Development Site Plan and BMP Development Plans (3
sheets, received May 17, 2011) --
BACKGROUND:
The Planning Commission considered the original Planned Development (PD) proposal on
September 23, 2009. The Commission recommended that the Town Council approve the
Mitigated Negative' Declaration, Planned Development, and General Plan Amendment
application. The project that was forwarded to Council included 10 new residential units, one of
which was a Below Market Price (BMP) unit. On May 3, 2010, the Town Council considered
plans for the 10-unit proposal and introduced the PD Ordinance. On May 17, 2010,•the Council
adopted PD Ordinance 2190.
The Town Council adopted the revised BMP Guidelines in October 2009. The guidelinesallow
the Town Council to consider off -site construction of BMP units for residential developments
with five to nine units. Pursuant to Town Code, the intent of a Planned Development application
is to provide alternative developments more consistent with site characteristics, create an
optimum of quantity and use of open space, and encourage good design.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located east of Highway 17, north of Blossom Hill Road, and south of
Placer Oaks Road. The site is bounded by single-family homes and Placer Oaks Road on
the north, Highway 17 on the west, and one single-family residence and apartments on
Oak Rim Court on the east.
Planning Commission Staff Report - Page 3
Placer Oaks Road/PD-11-002
June 8, 2011
B. Project Summary
The approved project includes one BMP unit to be located on lot 2 (the center parcel at
the south end of the Planned Development site). The applicant is requesting, by way of
the PD application, to allow the BMP unit to be provided off -site and to build a market
rate residence on lot 2. This would result in 10 new market rate units and one off -site
BMP unit (Exhibit A of Exhibit 4). The applicant is requesting to locate the BMP unit
off -site to provide the community the benefit of a BMP unit as early as July 2011 as
opposed to three or more years from nowdue to the condition of the housing market
today (Exhibit 3) and potential delay in developing the subject project. The applicant
also explains it has been a difficult task to design a BMP with a size and mass similar to
the market rate residences in the PD.
The original PD application proposed a two story, three bedroom BMP unit of 1,243
square the feet with a 210 square foot attached one car garage on a 4,821 square foot lot
lot. The BMP lot also has a driveway which can accommodate two vehicles. The
approved PD allows additional square footage for the proposed former BMP unit to be
more compatible with the proposed market rate units. The proposed off -site BMP unit is
an existing 1,484 square feet, three bedroom, two -and -a -half bathroom condominium at
Terreno de Flores in Los Gatos (Exhibit 3 and 4). The subject property owner owns all of
the condominium units within the Terreno de Flores PD which are currently being rented.
The applicant intends to start selling the units in July. The Terreno de Florres PD has
been constructed and occupied and consists of ten market rate units, two of which are
BMP units, seven condominium units, two of which are BMP units and an office
building.
C. Planned Development Compliance
The property is governed by Planned Development (PD) Ordinance 2190 as opposed to
the Zoning Ordinance. The PD Ordinance specifies allowable uses and includes
dimensional criteria suchassetbacks-and-height limitations: The PD Ordinance must be
amended to allow the required BMP unit to be located off the project site.
ANALYSIS:
A. Off -Site BMP Unit
BMP units are governed by the Below Market Price Housing Program Guidelines
adopted by the Town Council on October 5, 2009. The BMP Guidelines allow off -site
BMP units to be proposed for projects of up to nine units. The applicant's request for an
exception to this clause to allow off -site BMP units in a project with more than nine units
can be approved through the PD application.
Planning Commission Staff Report - Page 4
Placer Oaks Road/PD-11-002
June 8, 2011
The applicant's letter of justification (Exhibit 3) states that providing the BMP unit off
site will provide the community the benefit of a BMP unit now as opposed to three or
more years from now due to the delay in development the project because of the state of
the housing market. In addition, the applicant has had difficulty designing a unit of
comparable size to the market rate units.
Section III of the BMP guidelines state the BMP unit shall have the same characteristics
of the market rate units. The deciding body should consider if the proposed off -site BMP
provides similar characteristics (size, number of bedrooms, exterior design, finish,
facilities, and amenities) to the development's market rate units. The table below
provides a comparison of known characteristics. Although the proposed BMP
characteristics do not match the subject project's market rate units, the proposed BMP
characteristics match the adjacent units at the proposed off -site BMP location, Terreno de
Flores (Exhibit A of Exhibit 4) The deciding body should consider if providing a unit
with similar characteristics of the units at the proposed off -site BMP location meets the
intent of Section III of the BMP guidelines.
2,670 to 2,765 sq. ft.
1;484 sq. ft.
Unit Size
Number of Bedrooms
4
3
Unit Type
Single-family
detached
Attached condominium
Parking
Two -car garage with
driveways that can
accommodate at
least one vehicle
2 spaces for unit and 1
space for guest, all of
which are unassigned*
Open space
Front, side and rear
yards
Rear yard
*72 underground garage parking spaces and six at grade parking spaces are shared
between the offices and the seven condominiums
B. CEQA Determination
An Initial Study and Mitigated Negative Declaration were prepared for the Planned
Development. The MND was certified by the Town Council on May 17, 2010. No
further environmental analysis is required for the proposed PD amendment.
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
Planning Commission Staff Report - Page 5
Placer Oaks Road/PD-11-002
June 8, 2011
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The BMP Guidelines include a provision for off -site BMP units for a development of five
to nine units. The PD application provides the opportunity for alternative design.
Although the proposal would provide a BMP unit available this year, staff recommends a
soft denial since the applicant's proposal consists of a BMP unit that does not have the
same characteristics of the market rate units of the subject PD. Therefore, it is
recommended that the Planning Commission forward a recommendation for denial of the
PD amendment to the Town Council, as outlined in the recommendation section below.
A revised PD Ordinance with modified Performance Standards has been prepared for the
Commission's consideration (Exhibit 4; deleted are stricken; additions are bold and
underlined).
B. Recommendation
If the deciding body concurs with staffs conclusion above, it should recommend denial
of the application to the Town Council.
If the deciding body finds merit with the proposed project, it should:
1. Find that the Planned Development amendment is consistent with the General
Plan (Exhibit 2);
2. Forward a recommendation for approval of the Planned Development Application
amendment PD-11-002 (Exhibit 4) to the Town Council.
Alternatively, if the Commission has concerns with the application, it can recommend
approval of the application to the Town Council with additional and/or modified
conditions of approval.
Jennifer L. Savage, AICP
Associate Planner
Approved b
Wendie R.' ooney
Director of Community Development
WRR:JS:ct
cc: Canyon Oaks of Los Gatos, LLC, 1307 S. Mary Avenue # 120, Sunnyvale, CA 94087
Rodger Griffin, Paragon Design Group, Inc., 405 Alberto Way Suite C, Los Gatos, CA 95032
N:DEV\PC REPORTS\ 201fPlacerOaks PDAmend.docx
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Placer Oaks Road
EXHIBIT 1
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REQUIRED FINDINGS FOR:
Placer Oaks
Planned Development Application PD-11-002
Requesting approval of a Planned Development Amendment to relocate the proposed
below market price housing unit on property zoned R-1:8:PD. APN 529-16-073.
PROPERTY OWNER: Landmark Development Corp.
APPLICANT: Cupertino Development Corp.
FINDINGS
Required consistency with the Town's General Plan:
• That the proposed Zone Change is internally consistent with the General Plan and its
Elements.
N:\DEV\FINDINGS\201I\PLACEROAKS.DOCX
EXHIBIT 2
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March 14, 2011
RE: PD-07-142
APN: 529-16-073
Planning Commissioners
RECEIVED
NAY 1 % 2011
TOWN OF LOS GATOS
PLANNING DIVISION
are
rtil
PARAGON
URBAN
DESGN &
PLAN\I\G
Our client, Canyon Oaks of Los Gatos, LLC would like to proceed with the construction of these
nine approved homes, but in light of the current financial condition of the housing market the
prospect of building in the near future is not existent.
We still must prepare documentation to submit to you for A & S Review and actual construction
may be 3+ years in the future. As per Planning Commission direction the approved BMP home
is to be of a similar mass and style to its neighborhood homes. Designing a single BMP home
with a single car garage to be similar in size & massing to the other homes has proven to be a
difficult task.
The BMP in the approved PD (Exhibit A) was proposed to be a three bedroom, 2-1/2 bath home
of 1243SF.
Considering the fact that it may be 3+ years before this single BMP home is available for
occupancy, our Client is proposing to provide this year (2011), an existing comparable home that
it currently owns in it's last Los Gatos Development at Terreno de Flores (Exhibit B) in
exchange for building a market rate home in the approved PD. This home would be available to
place into the BMP Program after July of this year, 2011. This BMP will benefit the community
now instead of 3 or more years in the future.
This proposed BMP home is 1484SF, three bedrooms and 2-1/2baths. This home is significantly
larger than the BMP originally proposed and at three bedrooms will be a great addition to the
BMP housing stock of Los Gatos. Exhibit C illustrates the market -rate home replacement on lot
#2. The lot line between lots #1 & #2 is skewed to accommodate the existing sewer line crossing
into our parcel from the adjacent property. The final size of lots #1-#3 have been modified to
accommodate existing utilities and the proposed market rate home. Sizes of these lots and the
homes .are illustrated in the Home Data table on Exhibits A & C. The overall density of this PD,
at 3.3 units per acre, remains well within the 0-5 units per acre General Plan designation.
Service by Des gn
2ID27-ProjDe cription Llr.dec
PARAGON
DESIGN
GROUP, INC.
405 Alberto Way
Suite C
Los Gatos. CA 95032
408.358.3707 fax: 356.1969
paragonag@megapofhdstnet
MEMBER AJ.B.D.
MEMBER B.I.A.
EMIIBIT 3
The attached documentation (Exhibit B) clearly shows the proposed BMP and it's location in the
existing PD at Terreno de Flores. We respectfully request that you accept this proposed change
to the PD approval and allow another much needed BMP home to enter the marketplace now
instead of at some uncertain time in the future.
e • -ctfully Requested,
//
f�er ffi 4
esign Group, Inc.
Service by Design
21027-ProjDescription Ltr.doc
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 2190 AT PLACER OAKS ROAD
(APNS: 529-16-073, 529-14-012 AND 067) TO ALLOW
THE BELOW MARKET PRICE UNIT TO BE LOCATED OFF -SITE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
permit:
SECTION I
Uses and Improvements Authorized
The uses and improvements authorized by Ordinance 2190 are hereby amended to
1. Ten single family residences; and
2. Provision of one off -site Below Market Price unit (BMP) at 193 Terreno De
Flores Unit B, Los Gatos, CA;
3. Landscaping, streets, parking, open space and other site improvements shown and
required on the Official Development Plan; and
4. Uses permitted are those specified in the underlying R-1 (Single Family
Residential) zone by Sections 29.40.385 (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, 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.
1
1XHIBIT 4
SECTION II
Official Development Plan
Performance Standards of Ordinance No. 2190 are hereby amended to allow the BMP to
be located off -site. The following Performance Standards and revised site plans shown in Exhibit
A are part of the original Official Development Plan of Ordinance No. 2190 and must be
complied with before any 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 deviations will be
approved through the Architecture and Site approval process to achieve architectural
excellence and significant architectural diversity. Deviations include, but are not limited
to, building footprint (approved setbacks must still be maintained), height, window and
door locations, and architecture style and details. The Architecture and Site plans shall
be reviewed by the Town's Consulting Architect at the applicant's cost. The Planning
Commission shall be the deciding body of the Architecture and Site applications for the
new single family residences and potential house relocation.
2. GARAGE WINDOW. The design of the garage window for Plan A -A shall be finalized
during the Architecture and Site approval process pursuant to the direction of the Town's
Consulting Architect's comments, dated May 29, 2008. This performance standard is not
applicable if major changes occur to the house design as permitted in the above
Architecture and Site approval performance standard.
3. HOUSE SIZES. No additional square footage shall be permitted for any of the market
rate units.
b� �Y
4. BACKUP. A minimum garage backup distance of 25 feet shall be provided for Lots 4, 7
and 10.
5. LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture
and Site approval process. This plan shall be reviewed by the Town's Consulting
Arborist at the applicant's expense.
6. OFF -SITE LANDSCAPE SCREEN. The applicant shall work with the property owner
at 16996 Frank Avenue (APN 529-14-033), to construct a landscape screen on the Frank
Avenue property to provide screening for the glare from vehicles exiting the
development. The screen shall be installed prior to final occupancy of the first unit.
7. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the
issuance of a Building, Grading or Encroachment Permit.
8. ADDITIONAL TREE MITIGATION. The applicant shall mitigate the Oak tree removed
to accommodate the roadway realignment at the Placer Oaks Road frontage pursuant to
Town Code requirements.
9. TENTATIVE MAP. The Development Review Committee may be the deciding body of
the tentative map.
10. GREEN BUILDING. The houses shall be designed to achieve compliance with
GreenPoint Rated Standards for green building certification. The GreenPoint checklist
shall be completed by a Certified Green Building Professional.
3
11. SOLAR. During the Architecture and Site approval process, all new residences, to the
extent feasible, shall be designed to take full advantage of passive solar opportunities.
12. WALKWAY: The applicant shall consider the possibility of installing the walkway at
grade during the Architecture and Site approval process.
13. SOUNDWALL. The soundwall shall be stepped to break the continuous length of the
wall. Final details of the soundwall shall be provided during the Architecture and Site
approval process. Gate(s) shall be provided in the soundwall to access the landscape area
adjacent to Highway 17 for maintenance purposes and shall be constructed pursuant to
the detailed noise study prepared by Edward L. Pack Associates (Pack), Inc, dated June
12, 2007.
14. FENCING. All proposed fencing for the development shall be reviewed during the
Architecture and Site approval process.
15. *BIOLOGICAL RESOURCES: If land clearing, grading, tree and brush removal, tree
trimming or demolition activities are to occur during the nesting season (i.e., between
February 1 and August 15), a pre -construction nesting bird survey shall be performed by
a qualified biologist. The biologist should survey the area immediately adjacent to the
construction area for the presence of nests. This pre -construction survey shall be
conducted no more than one week prior to the planned grading activity.
a. If nesting birds with eggs or young are observed during the pre -construction
surveys, grading in the affected project area shall not commence until after the
young have fledged.
4
b. If no nesting birds are observed, no further action is required, and grading and
construction may proceed, provided it commences within one week of the survey
to prevent "take" of individual birds that may have begun nesting after the survey.
16. *TREES: Recommendations made by Arbor Resources (June 9, 2008) shall be
implemented to eliminate or minimize the construction -related impacts on the trees to be
retained. Recommendations are listed under Section 5.0 of the arborist's report but
Section 4.0 also includes additional design recommendations. These include design
guidelines section addressing tree location mapping, utility locations, drainage facilities,
and landscape design. The report also provides protection measures before and during
construction, addressing fencing, work within tree canopies, etc.
17. ARBORIST REQUIREMENTS. The developer shall implement, at their cost, all
recommendations made by the Town's Consulting Arborist identified in the Arborist's
report, dated June 9, 2008, and/or subsequent reports prepared during the Architecture
and Site process, on file in the Community Development Department. These
recommendations must be incorporated in the building permit plans, and completed prior
to issuance of a building permit where applicable. The applicant shall prepare and submit
a memorandum with the building permit, detailing how each of these recommendations
have or will be addressed.
18. TREE PROTECTION MEASURES. Prior to issuance of a building permit, the Town's
Consulting Arborist shall review the building permit plans, at the developer's cost, to
ensure all of the required tree protection measures have been implemented in the
construction plans.
19. ADDITIONAL TREE MITIGATION. The applicant shall mitigate the Oak tree removed
to accommodate the roadway realignment at the Placer Oaks Road frontage pursuant to
Town Code requirements.
20. *ARCHAEOLOGICAL: In the event that archaeological traces are encountered, all
construction within a 50-meter radius of the find will be halted, the Community
Development Director will be notified, and an archaeologist will be retained to examine
the find and make appropriate recommendations.
21. *NATIVE AMERICAN REMAINS: If human remains are discovered, the Santa Clara
County Coroner will be notified. The Coroner will determine whether or not the remains
are Native American. If the Coroner determines that the remains are not subject to his
authority, he will notify the Native American Heritage Commission, who shall attempt to
identify descendants of the deceased Native Americans.
22. *FINAL ARCHAEOLOGICAL REPORT: A final report shall be prepared at the
applicant's cost 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 shall 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.
23. *ARCHAEOLOGICAL FIND: 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
6
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. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town
Council resolution shall bepaid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
25. BMP UNIT. The developer shall work with Town staff during the Architecture and Site
approval process to make the required arrangements for the BMP unit. The BMP unit
the last market rate unit. The BMP contract shall be completed prior to issuance of any
building permits. F;n�l f nr rn n
final of the last market rate unit.
26. DEED RESTRICTION. Prior to issuance of any building permits, a deed restriction
shall be recorded by the applicant with the Santa Clara County Recorder's office, stating
that the required BMP unit must be sold as a below market priced unit pursuant to the
Town's BMP regulations.
„f s.b.stitutions for luxury interior
28. NOISE ABATEMENT. During the Architecture and Site approval process, the applicant
shall provide documentation on how the project has been designed and the proposed
7
construction methods and/or materials to lower the dBA, to come as close as possible to
meeting the Town's noise requirements. This documentation shall be above and beyond
the measures noted in the noise study for the Planned Development application. The
additional noise reduction measures approved for the Architecture and Site applications
shall be incorporated in the construction plans during the building permit process and
implemented in the construction of the units.
(Building Division)
29. *NOISE: The project shall be required to include a noise wall along the project boundary
that is contiguous to the Highway 17 freeway with the height specifications as
recommended in the detailed noise study prepared by Pack. To control flanking noise, the
barrier shall continue along the southern property boundary as specified in the detailed
noise study. In addition, recommended noise control measures (e.g., closed windows
where there is a direct line -of -sight, windows meeting specified Sound Transmission
Class ratings, and mechanical ventilation) shall be incorporated into project homes to
achieve acceptable interior noise levels.
30. PERMITS REQUIRED: A building permit shall be required for the construction of the
new single family residences and the sound wall. Separate permits are required for
electrical, mechanical, and plumbing work as necessary.
31. CODES: Projects will be required to conform to the 2007 California Building, Fire,
Mechanical, Electrical, and Plumbing Codes. The CC's are based on model codes; 2006
8
International Building Code and Fire Code and 2006 Uniform Plumbing and Mechanical
Codes and the 2005 National Electrical Code.
32. 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.
33. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
34. 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.
35, 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.
36. 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, 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
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b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
37. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994-61:
a. Wooded backing (2" x 8" minimum) shall be provided in all bathroom walls, at
water closets, showers, and bathtubs located 34-inches from 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 a 36-inch wide door including a 5'x5' level landing, no
more than 1-inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
38. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-
IR, MF-1R, and WS-5R must be blue -lined on the plans.
39. 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.
10
40. 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.
41. PRIOR TO FINAL INSPECTION, provide a letter from a California registered architect
certifying the landscaping and vegetation clearance requirements have been completed
per the California Public Resources Code 4291 and Government Code Section 51182.
42. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled -out, 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.
43. 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,
44. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
45, APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development, Planning Division: Sandy Baily (408)354-6873
I
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.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
46. 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.
47. SOILS INVESTIGATIONS AND REVIEW RECOMMENDATIONS. All requirements
and recommendations as outlined in the Geo Forensics, Inc — Geotechnical Investigation
for Proposed New 9-Unit Subdivision dated July 2, 2007 and the AMEC - Supplemental
Geologic and Geotechnical Peer Review dated July 7, 2008 and all referenced documents
therein shall be incorporated into final designs. This condition shall include the
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requirement for a stability analysis to be completed per the July 7, 2008 AMEC Review.
This analysis shall be completed and provided to the Town Engineering Department prior
to any permits.
48. 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.
49. 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.
50. 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.
51. PATHWAY RAILINGS. All private and public pathways with adjacent downhill walls
or slopes greater than 3:1 shall have protective railings.
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52. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit and 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 reports shall be signed and "wet stamped"
by the engineer or geologist, in conformance with Section 6735 of the California
Business and Professions Code.
53. 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.
54. SOILS ENGINEER CONSTRUCTION OBSERVATION; During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an "as -built" letter/report
prepared by the applicants' soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
55. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
56. 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
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Town in the amount of l00% (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.
57. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and. trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of the final map
58. 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.
59. DEDICATIONS. The following shall be dedicated on the final track map by separate
instrument. The dedication shall be recorded before any permits are issued.
a. Public Service Easement (PSE). Ten (10) feet wide, next to the Placer Oaks Road
right-of-way and five (5) feet wide, private road along lot frontages.
b Ingress -egress, storm drainage and sanitary sewer easements, as required.
c. Emergency Access Easement. Twenty (20) feet wide, from the end of the private
road to Placer Oaks Road.
60. 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
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billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
61. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
62. ABOVE GROUND UTILITTFS. 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.
63. 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.
64. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
65. 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. Placer Oaks Road. Curb, gutter, sidewalk, street lights, tie-in paving, signing,
striping, storm drainage and sanitary sewers, as required.
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66. 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.
67. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before
recordation of the map issuance of the building permit.
68. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements 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 is issued. The
fee shall be paid before issuance of a building permit. The traffic impact mitigation fee
for this project using the current fee schedule is $5,742 per unit. The final fee shall be
calculated from the final plans using the rate schedule in effect at the time the building
permit is issued.
69. INTERSECTION IMPACT FEES. The developer shall pay a fair share toward the future
intersection improvement at Lark Avenue/Los Gatos Boulevard. The fee amount is
estimated at $942.00.
70. COMMUNITY BENEFIT. Community benefit is required to mitigate traffic impact.
71. TRAFFIC CALMING CONTRIBUTION. The applicant has offered a contribution of
$15,000.00 to the Town for Neighborhood Traffic Calming as a community benefit.
These funds shall remain earmarked for the Placer Oaks neighborhoo'd for a minimum
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period of two (2) years. In the event that the neighborhood fails to submit
a Neighborhood Petition within the two (2) year period or fails to pass the criteria
required as defined by the Town Traffic Calming Policy then the payment shall be
reallocated to the next prioritized project in the Town Traffic Calming priority list. This
payment shall be paid prior to issuance of the first building permit.
72. SIGNAL UPGRADE. The developer shall upgrade the existing traffic signal equipment
at Los Gatos Boulevard/Chirco Drive by 1) Installing pedestrian countdown signal heads
and ADA-compliant pedestrian push buttons; 2) Replacing 8" signal heads with 12"
signal heads; and 3) Replacing non -LED signal indication with LED's.
73. TRAFFIC CALMING. The developer shall re -stripe and re-sign the existing traffic
calming devices in the Chirco/Placer Oaks neighborhood as directed by the Town
Engineer.
74. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
75. 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.
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76. 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.
77. 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.
78. 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
79. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions of section C.3 of the current Santa Clara County
NPDES Permit. The plan shall delineate source control measures and BMP's together
with the sizing calculations. The plan shall be reviewed and certified by the Town
Stormwater Quality Consultant - a deposit for this review will 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.
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80. AGREEMENT FOR STORMWATER BEST MANAGEMENT . PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The 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.
The agreement will specify that certain routine maintenance shall be performed by the
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.
81. 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 fmal landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water —quality —during —winter —months. —Thee 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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82. DUST CONTROL. Blowing dust sha11 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.
83. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
84. 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
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portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
85. SITE DRAINAGE. Rainwater leaders shall be piped through curb drains.
86. 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.
87. 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). Flex connection may be required at all connections to structures and over
grouted materials. All new utility services shall be placed underground Underground
conduit shall be provided for cable television service.
88. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
22
89. 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.
90. 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.
91. DRIVEWAY APPROACH. The developer shall install 22 foot Town standard
residential driveway approaches. The new driveway approaches shall be constructed per
Town Standard Details.
92. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with
Town Code Section §23.10.080.
93. AS -BUILT PLANS. An AutoCAD disk of the approved "as -built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. 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
23
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.
94. 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.
95. 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 bacicwater 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.
96. 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)
24
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
97. 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.
98, SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
99. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the moming 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.
100. CC&R's. CC&R's shall be reviewed and approved by the Town Attorney, Community
Development Department, and Parks and Public Works Department prior to recordation
of the final map. The CC&R's shall include the maintenance of the soundwall and
landscaping of the soundwall.
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101. *GEOLOGY AND SOIL: The recommendations of the geotechnical report by
GeoForensics Inc. (dated May 5, 2008) shall be implemented. These recommendations
address site preparation, grading, ground improvements, foundations, retaining walls,
drainage, and pavement.
102. ROAD REALIGNMENT — The roadway which enters and exits the development at
Placer Oaks Road shall be realigned during the subdivision application process to reduce
the glare from vehicles exiting the development.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
103. REQUIRED FIRE FLOW. Required fire flow for this project is 1,750 GPM at 20 psi.
residual pressure.
104. REQUIRED FIRE FLOW OPTION. The developer shall provide the required fire flow
from fire hydrants spaced at a maximum of 500 feet or provide an approved fire sprinkler
system throughout. all portions of the building, designed per National Fire Protection
Association (NFPA) Standard #13D and local ordinances. The fire sprinkler system
supply valving shall be installed per Fire Department Standard Detail & Specification W-
1/SP-6.
105. PUBLIC FIRE HYDRANT(S). The developer shall provide one public fire hydrant at a
location to be determined jointly by the Fire Department and the San Jose Water
Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant
flow of 1,500 GPM at 20 psi residual. To prevent building permit delays, the developer
shall pay all required fees to the water company ASAP.
106. 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
26
the start of framing or delivery of bulk combustible materials. Building permit issuance
may be withheld until required installations are completed, tested and accepted.
107. LOCATION IDENTIFIER. Prior to project final inspection, the general contractor shall
ensure that an approved ("Blue Dot") fire hydrant location identifier has been placed in
the roadway, as directed by the Fire Department.
108. FIRE 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
six 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.
109. ROADWAY TURNAROUND. The developer shall provide an approved fire department
engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Installations shall conform to Fire Department Standard Details and Specifications sheet
A-1 and A-6.. Decorative paving must be engineered to requirements of Standard A-1,
Road Design, #2. Cul-de-sac diameters shall be no less than 72 feet.
110. 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
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.
27
111. 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.
TO THE SATISFACTION OF THE TOWN ATTORNEY
112. 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.
113. GRAFFITTI REMOVAL. The developer shall post a letter of credit or cash in the sum
of twenty thousand dollars ($20,000.00) which shall be maintained for a period of fifteen
(15) years for the removal of graffiti on the sound wall once construction has been
completed.
*Required as Mitigation Measures
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
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:
28
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\ORDS\placeroaks.amend. doc
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
29
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