Ord 2126 - Amending Town Code Sections 22.30.010 and 22.30.035 to comply with the requirements of provision C.3 of the town's NPDES permitORDINANCE 2126
ORDINANCE OF THE TOWN OF LOS GATO S
AMENDING THE PLANNED DEVELOPMENT AT
14300-14350 WINCHESTER BOULEVARD (ORDINANCE 2095)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Ordinance 2095 for the Planned Development at 14300 & 14350 Winchester Boulevard as
shown on the map attached as Exhibit A is hereby amended as follows.
SECTION II
The amended PD (Planned Development Overlay) zone established by this Ordinanc e
authorizes the following construction and use of improvements:
1.Construction of a research and development/office complex up to 120,000 square feet
and 290 residential apartments including 239 market rate and 51 Below Market Price
(BMP) units.
2.
Landscaping, parking, and other site improvements shown and required on th e
Official Development Plan (Exhibit B);
3.Uses permitted are residential and those uses specified in the underlying C M
(Controlled Manufacturing) zone by Sections 29.70.220 (Permitted Uses) and
29.20.185 (Table of 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 th e
future subject to any restrictions or other requirements specified elsewhere in this
ordinance including, but not limited to, the Official Development Plan. Retail and
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a daycare center are also authorized uses subject to approval of an architecture an d
site application to determine the location and square footage of either use in a manner
that is otherwise consistent with this Ordinance. However, no use listed in Section
29.20.185 is allowed unless specifically authorized by this Ordinance.
4.
The R & D/office complex is limited to a maximum of four tenants.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval is required before any construction work for the project i s
performed, whether or not a permit is required for the work and before any permit for constructio n
is issued. Construction permits shall only be issued in a manner complying with Section 29.80.130
of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (development plans received by the Town of
Los Gatos on December 4, 2003, 32 sheets), incorporated herein by this reference, are part of th e
Official Development Plan. The following must be complied with before issuance of any grading,
demolition or construction permits, unless otherwise stated:
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TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.
ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and
Site Application and approval shall be required for the research and development/office
buildings, apartment buildings, parking areas and landscape improvements. This
application may be approved by the Town's Development Review Committee wit h
review by the Consulting Architect.
2.
OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided is
conceptual in nature. Final footprints and building designs shall be deteimined during th e
architecture and site approval process.
3.
BUILDING SIZES. The size of the R & D/office complex shall be up to 120,000 square
feet, inclusive of any conference facilities, cafeteria, fitness center or other amenities.
The size and composition of the apartment buildings shall be refined as part of the
architecture and site approval process. The maximum number of apartments is 290. The
final size of the office buildings may be increased or decreased provided that the tota l
floor area does not exceed 120,000 square feet.
4.
BELOW MARKET PRICE PROGRAM. The developer shall designate 51 of the
residential units as BMP rental units. A deed restriction shall be recorded prior to
issuance of building permits stating that the BMP units must be rented as below market
price units pursuant to the Town's BMP requirements in place at the time of the Planne d
Development approval. The BMP units shall be low income (less than 80%of median
income). The unit mix identified in the January 20, 2004 Desk Item to council may b e
modified to allow additional studio and one bedroom units through the architecture and
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site review process.
5.
COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town
for provision of the community benefits being offered with the project as listed in the
letter from the applicant dated May 14, 2003 (Exhibit A to the October 22, 2003 Report
to the Planning Commission). The agreement shall include details on the timing and
implementation of each item and shall be approved by the Town Council prior to issuanc e
of any building permits for the project.
6.
LANDSCAPING. The planting along Los Gatos Creek shall be riparian ground covers,
understory and trees selected from the California Department of Fish & Game's Riparia n
Vegetation List.
7.
LANDSCAPE PLAN. The final landscape plan shall be reviewed by the Consulting
Arborist as part of the Architecture & Site approval process. All Tree Protection
measures recommended by the Consulting Arborist shall be followed.
8.
**CULTURAL RESOURCES MITIGATION MEASURE 4.8-1. If it is demonstrated
that there are intact deposits of significant archaeological materials, a plan for th e
mitigation of impacts to these resources shall be submitted to the Planning Division for
approval prior to resumption of construction activities in the area of identified deposits.
If cultural or archaeological resources are uncovered during construction, all work mus t
be halted within a 50-foot radius of the find, the Community Development Director shall
be notified, and a qualified archaeologist must be retained to examine the find, determine
its significance and make appropriate recommendations. Project personnel shall not alter
the materials or their context or collect cultural resources. The cost of the Town retaining
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a qualified archaeologist shall be paid for by the property owner/developer. If human
remains are discovered, the Los Gatos Police Department and Santa Clara Count y
Coroner shall immediately be notified. The Coroner would determine whether or not the
remains were Native American. If the Coroner determines that the remains are no t
subject to his or her authority, the Coroner shall notify the Native American Heritag e
Commission, who would attempt to identify descendants of the deceased Nativ e
American.
9.TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the
issuance of a Building, Grading or Encroachment Permit.
10.RECYCLING. All wood, metal, glass, and aluminum materials generated from th e
demolished structure shall be deposited to a company that will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
11.LIGHT RAIL EXTENSION. The developer shall participate and assist the Town in
working with the Santa Clara Valley Transportation Authority (VTA) in extending the
light rail line from Campbell to the project site.
12.PARKING. The minimum parking ratios for the project are 3.1 spaces/1000 square feet
for the office buildings and 1.8 spaces/unit for the apartments. The area between the
office and residential uses is identified as shared parking. Parking spaces may be
removed to accommodate the future light rail station, a sidewalk along the propert y
frontage or other improvements deemed appropriate by the Director of Communit y
Development provided that the number of spaces does not fall below the minimum levels.
Any changes to the parking layout shall be first approved by the Directors of Community
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Development and Parks & Public Works. Wheel stops are not permitted and shall be
deleted from the plans. Parking spaces shall be double striped per Town standards.
13.
RIPARIAN CORRIDOR. Riparian planting shall be on the creek side of the trail, and a
drinking fountain shall be included alongside the creek trail if permitted by the Santa
Clara Valley Water District.
14.NETWORK ACCESS. Network access shall be provided in the outdoor common are a
for the office buildings, to allow people to work outside.
15.
PROJECT SIGNS. A sign program shall be proposed by the applicant and approved b y
the Director of Community Development prior to issuance of any building permits for the
project. Any signs to be placed on the site, including a monument sign, building signs for
both the office and residential components and directional signs shall be included.
16.PROJECT PHASING. The project may be phased as shown on the Phasing Plan
included in Exhibit B. Time frames for phasing of project components shall be approved
through the Architecture and Site review process. The Phasing Plan shall include
provisions for landscaping and other attractive low maintenance improvements, and
security and maintenance of the land designated for the office buildings and parking.
17.
ARCHITECTURAL DETAILS. The applicant shall continue to work with Planning staff
and the Consulting Architect to refine the plans through the Architecture & Site revie w
process. The following items shall be included in the final architectural review:
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Refinement of the front entry towers on the office buildings.
Redesign the exterior of one of the office buildings so they are not the same, but,
remain compatible.
The applicant shall submit a final set of plans that includes all changes reflected in th e
conditions of approval.
Building Division
18.
**GEOLOGIC MITIGATION MEASURE 4.3-1: Prior to issuance of any building
permits, project plans shall demonstrate compliance with 1997 Uniform Building Cod e
requirements for structural and seismic loads and recommendations made by Lowney
Associates, as required by the Building Division.
19.**GEOLOGIC MITIGATION MEASURE 4.3-2: The undocumented fill on the site shall
be completely removed and replaced with engineered fill in order to minimize differential
settlement and possible damage to the buildings. In addition, sheet piles that were left in
place shall be cut and removed during excavation activities.
20.
**AIR QUALITY MITIGATION MEASURE 4.6-1. Construction activities shall
comply with the "Basic Control Measures" and applicable "Optional Control Measures"
for dust emissions as outlined in the Bay Area Air Quality Management District CEQA
Guidelines.
21.
PERMITS REQUIRED. A building permit application shall be required for each
proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be required a s
necessary.
22.
CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on th e
cover sheet of the construction plan submitted for building permit.
23.
SIZE OF PLANS. The maximum size of construction plans submitted for buildin g
permits shall be 24 inches by 36 inches.
24.
PLANS. The construction plans for this project shall be prepared under direct
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supervision of a licensed architect or engineer (Business and Professionals Code Sectio n
5538).
25.DEMOLITION REQUIREMENTS. Contact the Bay Area Air Quality Managemen t
District at (415) 771-6000 and complete their process as necessary before obtaining a
demolition permit from the Town Building Department. As part of the permit application
process a site plan shall be provided that includes all existing structures and existing
utility lines such as water, sewer, and P.G.&E. No demolition work shall be done without
first obtaining a demolition permit from the Town.
26.
SOILS REPORT. Two copies of a soils report, prepared to the satisfaction of th e
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.
27.
FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer
or land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the soils report and the building pad elevation and on-site retaining wal l
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civi l
engineer for the following items:
a.Pad elevation
b.Finish floor elevation
c.Foundation corner locations
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28.TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-
IR'and MF-IR shall be printed on the construction plans.
29.TITLE 24 ACCESSIBILITY - COMMERCIAL-1. On-site parking facilities shall comply
with the latest California Title 24 Accessibility Standards. Accessibility parking shall be
provided for in both covered and uncovered parking areas.
30.TITLE 24 ACCESSIBILITY - COMMERCIAL-2. On-site general path of travel shall
comply with the latest California Title 24 Accessibility Standards. Work shall include,
but shall not be limited to, accessibility to building entrances from parking and sidewalks.
31.TITLE 24 ACCESSIBILITY - COMMERCIAL-3. The buildings shall comply with the
latest California Title 24 Accessibility Standards. Necessary work shall be first
investigated by the design architect then confirmed by Town staff.
32.SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall b e
submitted to the Building Official for approval prior to issuance of any building permits,
in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form
from the Building Division Service Counter. The Town Special Inspection schedule shall
be printed on the construction plans.
33.NON-POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Non-point Source Pollution Control Program specification sheet shall be part of
plan submittal. The specification sheet is available at the Building Division servic e
counter.
34.ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the
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following agency approvals before issuance of a building permit:
a.West Valley Sanitation District 378-240 7
b.Santa Clara County Fire Department: 378-4010
c.Campbell Union High School District: 371-0960
Note: Obtain the school district forms from the Town Building Department, after the
Building Department has approved the building plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
35.**HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 4.4-3.
Note: the permit process and storm water management requirements have been update d
since the EIR was prepared.
A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared prior to start of
construction. The SWPPP and project plans shall be reviewed by the Town Engineerin g
staff, and any applicable measures contained in the amended provisions C.3 and C.14 of
Order 01-024 shall be incorporated. The SWPPP shall be in conformance with the Sant a
Clara County NPDES Permit as amended by the San Francisco Bay Regional Wate r
Quality Control Board (RWQCB) on October 17, 2001. The SWPPP shall be approved
concurrently with the grading, drainage and erosion control plans.
36.**TRANSPORTATION & TRAFFIC RECOMMENDATIONS:
a.
The Winchester Boulevard driveway shall be striped as an exclusive left-turn lan e
plus a shared through/right-turn lane. The northbound left-turn pocket at thi s
intersection shall be lengthened to provide adequate storage as part of the
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intersection modification in coordination with the Town of Los Gatos and
Caltrans.
b.Pedestrian and bicycle facilities shall be provided at the Winchester Blvd.
driveway and along A Street to Knowles Drive. Safe railroad crossing points
shall also be provided at the Winchester driveway access. Sidewalks to
accommodate both pedestrians and bicycles shall be provided between the
Winchester Boulevard/northbound SR 85 on-ramp/site driveway intersection and
the project site on both sides of the driveway. In addition, any street
improvements along the Winchester Boulevard site frontage shall include or
accommodate planned bike lane improvements as specified in General Plan Policy
T.I.5.10. Feasibility of all off-site measures will need to be determined by th e
Town since the applicant does not own the property where these improvements
are recommended to be located.
c.The VTA and Town shall determine feasibility of the applicant providing the
recommended bus stop on Winchester Boulevard, but maintenanc e
responsibilities will be either the VTA's or Town's.
d.Since fiber optic cable facilities are located within the Union Pacific Railroad
Company right-of-way, the applicant shall contact Union Pacific before projec t
construction to determine whether such facilities could be affected by the project.
e.The proposed four-foot wide pedestrian path along the southern project boundary
(connecting the creek trail and the future light rail station) shall be widened t o
provide a multi-use trail connection between the creek trail and Winchester
Boulevard/the future light rail station. This trail shall be available to pedestrians
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and bicyclists.
37. **TRANSPORTATION & TRAFFIC RECOMMENDATIONS: The following
provisions or improvements shall be made:
a.Loading areas should be designed to ensure the intended trucks can b e
accommodated.
b.Well-lighted pedestrian and bicycle paths between buildings, transit locations, and
bicycle parking should be provided.
c.Bicycle racks should be provided for short-term visitor parking and bicycle
lockers should be provided for project employees in accordance with VTA
Guidelines.
38.
NOTICE OF INTENT. A Notice of Intent (NOT) shall be filed with the San Francisc o
Bay RWQCB. A copy of the NOI shall be provided to the Town Engineering Division.
39. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities for
all public improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) prior to
issuance of any permit. Applicant shall provide two (2) copies of documents verifyin g
the cost of the public improvements to the satisfaction of the Engineering Division of the
Parks and Public Works Department.
40. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
41.
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
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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, structural drawings for retaining walls, 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 gradin g
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 Buildin g
Department on E. Main Street is needed for grading within the building footprint.
42.
SCVWD APPROVAL. The following Santa Clara Valley Water District approvals shal l
be obtained:
a.A letter from the Santa Clara Valley Water District indicating they have reviewe d
and approved the site retaining wall structural plan, grading plan, and publi c
improvement plan shall be provided prior to issuance of a either a grading o r
encroachment permit.
b.Any work within 50-feet of the top of the Los Gatos Creek bank or within the
vicinity of SCVWD water transmission facilities will also require a Distric t
permit. Evidence of such permits shall be provided to the Engineering Division o f
Parks and Public Works prior to issuance of the grading and encroachmen t
permit.
43.
RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, is required for all site retaining walls. Site wall plans shall also be submitted
to the Engineering Division of Parks and Public Works as part of the grading permit
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submittal. Engineering will review the plans for construction clearances to property lines.
44.
SOILS REPORT. One copy of the soils report shall be submitted with the grading permit
or public improvement application, whichever is submitted first. 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.
45.
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 thei r
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.
46.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 a s
anticipated in the design-level geotechnical report, and recommend appropriate change s
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.
47.PUBLIC WORKS INSPECTOR. The applicant shall fund a full time public works
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inspector for the duration of the earthwork and public improvement operations. The
applicant will be charged on a time and materials basis. A deposit for the full amount, to
be estimated by the Town based on the Contractor's approved schedule, shall be paid
prior to issuance of the grading and encroachment permits.
48.
PARCEL MAP. A parcel map shall be recorded. Two copies of the parcel map shall be
submitted to the Engineering Division of the Parks & Public Works Department fo r
review and approval. Submittal shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits are issued.
49.
DEDICATIONS. The following shall be dedicated on the parcel map or by separat e
instrument. The dedications shall be recorded before any permits are issued.
a.Winchester Driveway. An easement of width and type specified by the PUC shal l
be granted by separate instrument.
b.Public Service Easement (PSE). All on-site roadways shall be within PSE's, as
required.
c.Ingress-egress, storm drainage and sanitary sewer easements, as required.
d.Emergency Vehicle Access Easements (EVAE). All on-site roadways shall be
within EVAE's, as required.
50.
TRUCK ACCESS. Site design presented at Architectural and Site review shal l
accommodate a WB-50 truck.
51.
PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registere d
civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
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Performance Security and Labor & Materials Security before the issuance of a buildin g
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. Public
improvements shall include the following:
a.Winchester Boulevard/Highway 85 Intersection: Modify the intersection and the
signal of the main driveway with Winchester Boulevard. The Town and Cal
Trans shall approve the preliminary intersection and signal plans prior to start of
final design by the applicant. Intersection plans shall include improvements to the
rail road crossing.
b.Winchester Boulevard: Entrance drive, railroad crossing, two street lights, tie-in
paving, signing, striping, storm drainage and sanitary sewers, sidewalk on both
sides of entry drive, new bus stop to VTA standards, access ramps, right tur n
pocket, bike lane, median modifications, as required.
c.A Street. Sidewalk between project and Knowles shall be provided. The developer
shall make a good faith attempt, to the satisfaction of the Public Works Director,
to obtain sidewalk rights from the adjacent property owner. In the event that such
an effort fails, the developer shall work with the Town to provide the walk withi n
the existing right of way. Details of provisions to be provided shall be addressed
prior to issuance of an encroachment permit.
52. ARBORIST REVIEW. The Town Consulting Arborist shall review and approve both the
grading and public improvement plan sets prior to issuance of a grading or encroachmen t
permit.
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53.
WINCHESTER SIDEWALK. An in-lieu fee, based on $10 per square foot, shall be paid
prior to issuance of a building permit to pay for future construction of a sidewalk across
the entire Winchester Boulevard project frontage.
54.
TRAIL CONNECTION. The trail connection between the Los Gatos Creek Trail an d
Winchester Boulevard shall be constructed by the developer as part of the firs t
development phase. The trail shall be maintained by the developer if the connection i s
provided through private property. The Town shall maintain the trail if the facilities ar e
constructed within either Santa Clara Valley Water District (SCVWD) property or withi n
land dedicated to the Town in a form approved by the Director of Parks and Publi c
Works. Should the trail be constructed within SCVWD property, the developer shal l
update the existing Joint Use Agreement between the Town and SCVWD prior to map
recordation.
55.RAILROAD CROSSING MAINTENANCE. The portion of the Winchester driveway
within the VTA right of way shall be maintained by the developer and VTA. The Town
will not maintain new facilities within the VTA right of way.
56.
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 befor e
recordation of the parcel map.
57.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) The developer shall pay a fee
proportional to the project's share of transportation improvement needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit applications is
made. The fee shall be paid before the building permit is issued. The traffic impact
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mitigation fee for this project, using the current fee schedule and the preliminary plans i s
$1,070,466. The final fee shall be calculated from the final plans using the rate schedul e
in effect at the time of the building permit application, and shall be based on the net
increase in trip generation as determined by the traffic analysis prepared by Fehr an d
Peers.
58.
ECO PASS. Eco Pass stickers shall be provided for all full-time employees within the
development upon request. Proof of Eco Pass purchases shall be provided to the Town
.annually.
59.
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.
60.
INSPECTION NEES. Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
61.
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 Tow n
performing the required maintenance at the developer's expense.
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62.ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require constructio n
security.
63.
PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining t o
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 ow work that went on without inspection.
64.
DUST CONTROL. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion o f
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 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 onc e
a day. Watering associated with on-site construction activity shall take place between th e
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 thi s
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 whe n
wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other
loose debris shall be covered.
65.
SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified b y
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a licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
a.Retaining wall--top of wall elevations and location s
b.Toe and top of cut and fill slopes
66.PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit,
the project Applicant shall complete a pavement condition survey documenting the extent
of existing pavement defects using a 35-mm or digital video camera. The survey shall
extend the full length of the truck haul route within the Town limits. The results shall be
documented in a report and submitted to the Town for review.
67.POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete
a pavement condition survey to determine whether road damage occurred as a result o f
project construction and whether there were changes in pavement strength.
Rehabilitation improvements required to restore the pavement to pre-constructio n
condition and strength shall be proposed by the applicant. The results shall be
documented in a report and submitted to the Town for review and approval. The
Applicant shall be responsible for completing any required road repairs prior to release of
the occupancy permit.
68.EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department.A
maximum of two weeks is allowed between clearing of an area and stabilizing/building
on an area if grading is allowed during the rainy season. Interim erosion control measures,
to be carried out during construction and before installation of the final landscaping shall
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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 standar d
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 wit h
applicable measures contained in the amended provisions C.3 and C.14 of Order 01-024
of the amended Santa Clara County NPDES Permit.
69.
SITE DRAINAGE. Stormwater detention facilities shall be provided to insure that post
project runoff is less than or equal to pre-development rates.
70.
STORM DRAINAGE OUTFALL. The drainage outfall shall be televised prior to the
architecture and site submittal to verify that the existing facilities are in an acceptabl e
physical condition. The videotape shall be submitted to the Town Engineer for review
and approval. In the event that the facility is unacceptable, the architecture and site plan s
shall reflect the proposed improvements needed to rehabilitate the outfall condition.
71.NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall
include a filtration devices such as bio-swales and mechanical filters (i.e. Storm Septor)
placed upstream of the site discharge point.
72.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 cleane d
up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT b e
washed into the Town's storm drains.
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73.
UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). All new utility services shall be placed underground.
74.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or remove d
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 bette r
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 existin g
conditions.
75.
CURB AND GUTTER. The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this 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 th e
construction phase of the project.
76.
DESIGN CHANGES. The Applicant's registered Engineer shall notify the Tow n
Engineer, in writing, at least 72 hours in advance of all differences between the propose d
work and the design indicated on the plans. Any proposed changes shall be subject to the
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approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as-built" drawings.
77.
AS-BUILT PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as-built"
plans shall again be signed and "wet-stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as-built" plans shall be review and approved
the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plan s
shall be provided to the Town before the Faithful Performance Security or Occupanc y
Permit is released. The AutoCAD file shall include only the following information and
shall conform to the layer naming convention: a) Building Outline, Layer: BLDG-
OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING
WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer:
TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer:
NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the
Town's survey control network and shall be submitted in AutoCAD version 2000 o r
higher.
78.
SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valle y
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.
79.
GREASE TRAPS. Meet all requirement of the Santa Clara County Health Departmen t
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
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80.
CONSTRUCTION NOISE. Between the hours of 7:00 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 activitie s
shall be allowed. The Building Official may restrict construction activities between 7:00
am and 8:00 am weekdays. No individual piece of equipment shall produce a noise level
exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a
structure on the property, the measurement shall be made at distances as close to twenty-
five (25) feet from the device as possible. The noise level at any point outside of the
property plane shall not exceed eighty-five (85) dBA.
81.
SITE SECURITY. Prior to commencement of any site work or the introduction of an y
earth moving equipment or building materials onto the site, the applicant shall insure that
a temporary fence constructed of materials and located to the satisfaction of the Directo r
of Community Development has been constructed. This fence shall be in place as
approved until the Director of Community Development shall allow it to be removed or
changed. The fence may only be expanded or contracted in size upon approval of the
Director of Community Development. Failure to adhere to this condition of approval
shall result in the permit being brought to the Planning Commission for its review and
introduction of stricter site and building construction regulations.
82.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;
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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 an d
understand them prior to commencing work and that a copy of the project
conditions of approval will be posted on site at all times during construction
83.
EARTH MOVEMENT PLAN. Prior to issuance of a Grading Permit, the applicant shal l
develop an earth movement and management program under the supervision of a
licensed soils engineer for review and approval by the Engineering Division of th e
Department of Parks and Public Works.
84.
CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a constructio n
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, constructio n
staging area, construction trailer, and proposed outhouse locations. The Traffic Control
Plan shall require that construction traffic use the main driveway at Winchester/SR85 o n
ramp. Construction traffic shall not be allowed on A Street without the express approva l
of the Town Engineer.
85.
GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division.
86.
SITE SUPERVISION. The General Contractor shall provide qualified supervision on
the job site at all times during construction.
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87.
CONSTRUCTION TRAFFIC CONTROL. The Applicant shall prepare a traffic control
plan for incorporation into the construction bid documents. The plan shall be submitted
with the grading permit application and is subject to the review and approval of the
Town Engineer.
Parks Division
88.
GENERAL. All existing and newly planted trees, except those identified for removal, ar e
specific subjects of approval of this project and shall remain on the site.
89.TREE REPLACEMENT. Replacement trees of a size and number adequate to mitigat e
the loss of existing mature trees shall be planted on the project site. The new trees shall
be included on the comprehensive landscape plan to be reviewed as part of th e
Architecture & Site approval process.
90.
NEW TREES. Newly planted and relocated trees shall be double-staked, using rubber
tree ties and shall be planted prior to acceptance of the subdivision or architecture and sit e
approval as determined by the Parks & Forestry Superintendent.
91.
IRRIGATION. All newly planted landscaping shall be irrigated by an in-groun d
irrigation system. Special care shall be taken to avoid irrigation which will endange r
existing native trees and shrubs.
92.
WATER EFF'ICIENCY. This project is subject to the Town's Water Efficient Landscap e
Ordinance, Chapter 26, Article IV of the Town Code. A fee of $472 shall be paid when
the landscape, irrigation plans and water calculations are submitted for review.
93.
TREE PROTECTION FENCING. Tree protection fencing shall be placed at the drip
lines of existing trees to be retained in the areas of construction. Fencing shall be four
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foot high chain link attached to steel poles driven two feet into the ground when at the
dripline of a tree. If the fencing is within eight feet of the trunk of a tree, a fence bas e
may be used, as is typical in a chain link fence is rented.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
94.
HOSE VALVES/STANDPIPES. Buildings that are three or more stories in height or
where emergency access has been deemed minimal shall be equipped with standpipe s
designed per NFPA Standard #14, and shall be equipped with 2½ inch hose valves. The
locations of the 2½ hose valves may be determined prior to development of the fir e
sprinkler plan. The existing Fire Department connection shall be replaced with a devic e
similar or equal to Potter Roemer Model 5776, four way, individually clappered
connection. Domestic water shall not be fed from the fire service line.
95.
REQUIRED FIRE FLOW. Required fire flow is 5,750 GPM at 20 psi. residual pressure.
96.AUTOMATIC FIRE SPRINKLER SYSTEM. Buildings requiring a fire flow in excess
of 2,000 GPM shall be equipped with an approved automatic fire sprinkler system,
hydraulically designed per National Fire Protection Association (NFPA) Standards #13.
97.FINAL REQUIRED FIRE FLOW. Required fire flow may be reduced up to 50% in
buildings equipped with automatic fire sprinkler systems, but can be no less that 1500
GPM. Therefore, the final required fire flow of 2,875 GPM at 20 psi residual pressur e
shall be available from any two hydrants on or near the site, provided that they have a
maximum spacing of 250 feet.
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98.PRIVATE FIRE HYDRANTS. Provide fire hydrants at locations to be determined by the
Fire Department. Maximum hydrant spacing shall be 250 feet with aminimum single
flow of 1,500 gallons per minute at 20 psi. residual pressure.Prior to design, the project
civil engineer shall meet with the Fire Department water supply officer to jointly spot the
required fire hydrant location.
99.FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection, a "blue" dot shall
be placed in the roadway near each fire hydrant, as directed by the Fire Department.
100.FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the
project. Markings shall be per fire department specifications. Installation shall also
conform to Local Government Standards and Fire Department Standard Details&
Specifications A-6.
101.FIRE DEPARTMENT KEY BOX. The buildings shall be equipped with a permanently
installed emergency access key lock box (knox) conforming to Fire Department Standar d
detail and Specification sheet K-1. Access keys shall be provided to the Fire Department
at the time of final inspection.
102.FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access
roadways with a paved all weather surface and a minimum width of 20 feet, vertical
clearance of 13 feet six inches, minimum circulating turning radius complying with Truck
#5 specifications. Installations shall conform with Fire Department Standard Details an d
Specifications A-1.
103.EMERGENCY VEHICLE TURNAROUND. Provide an approved Fire Department
engine roadway turnaround as may be required, with a minimum radius complying with
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Truck #5 specifications. Installations shall conform with the Fire Department Standar d
Details and Specification sheet A-1.
104.TIMING OF REQUIRED INSTALLATIONS. The required fire services, fire hydrants
and access road installations, up through the first lift of asphalt, shall be in place,
inspected, and accepted by the Fire Department prior to the start of framing. Bulk
construction materials shall not be delivered to the site until the hydrants and roadway
have been accepted. Clearance for building permits will not be given until such time as
this requirement is addressed by the developer, to the satisfaction of the Fire Department.
During construction, emergency access roads shall be maintained clear and unimpeded.
105.PREMISE IDENTIFICATION. Approved addresses shall be placed on all new building s
so they are clearly visible and legible from the streets or roads fronting the property.
Numbers shall be a minimum of four inches high and shall contrast with thei r
background, and shall be illuminated for nighttime viewing.
106.INTERIOR COURTYARDS. The applicant shall provide a plan showing Fire
Department access to interior courtyards.
107.FIRE.ACCESS. The applicant shall provide a plan showing alternate compliance to
providing fire access to buildings that exceed the 150' travel distance through an alternate
method and material application.
TO THE SATISFACTION OF THE POLICE CHIEF:
108.SECURITY REVIEW. The applicant shall meet with the Police Department to review
the construction plans, and shall make any recommended design improvements needed
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for security, crime prevention or safety. A security consultant will be hired at the
applicant's expense to assist the Town in the security review. The consultant will work at
the direction of the Town.
109.SECURITY GUARD. A thorough security plan component shall be established betwee n
the developer and the Police Department. During the architecture and site review process
the applicant shall work with the Police Department and Security Consultant to develop
an overall security plan to ensure appropriate security elements are incorporated into th e
project, and which may include but is not limited to, security cameras, lighting,
landscaping, access control and on-site security personnel.
110.GARAGE LIGHTING. Lighting at garage entrances shall fully light the entry area.
Interior garage lighting shall be on 24-hours a day.
111.FENCING. There shall be a fence along the east property line adjacent to the Los Gatos
Creek Trail.
112.PATHWAY LIGHTING. Path lights shall be provided along the trail from the
Winchester Blvd. entrance to the creek trail.
113.CREEK TRAIL LANDSCAPING. Landscaping along the creek trail shall be selecte d
and planted so that it does not provide a place where a person can be concealed. Low
shrubs and/or non-dense trees are recommended in this area.
114.OFFICE PARKING. The applicant shall notify the Police Department of any parkin g
restrictions for the surface space around the office buildings.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on January 20, 2004, and adopted by the following vote as an ordinance of the Town of Lo s
Gatos at a meeting of the Town Council of the Town of Los Gatos on February 2, 2004 and become s
effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
Diane McNutt, Joe Pirzynski, Mayor Steve Glickman.
NAYS:
Sandy Decker, Mike Wasserman
ABSENT:
None
ABSTAIN:
None
SIGNED:
MAYOR OF THE TOWN OF LOS GATO S
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN ,OF LOS GATOS
LOS GATOS, CALIFORNIA
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