Ord 2203 - Amending Zoning from CH to CH:PD at 16213 Los Gatos BlvdORDINANCE 2203
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM CH TO CH :PD
FOR PROPERTY LOCATED AT
16213 LOS GATOS BOULEVARD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby to change the zoning on property at
16213 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 529 -18 -031 and 529 -18-
055) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH
(Restricted Highway Commercial) to CH:PD (Restricted Highway Commercial, Planned
Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Removal of existing auto dealership.
2. Construction of 21 market rate single- family detached residences.
3. Provision of 2 BMP units (one moderate income units on -site and one low income unit
located at an off -site location within the Town, as approved by the Town Council),
4. Landscaping, private street, parking and other improvements shown and required on the
Official Development Plans,
5. Uses permitted are those specified in the CH (Restricted Highway Commercial) zone by
Sections 29.60.620 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless
specifically authorized by this Ordinance, or by a Conditional Use Permit.
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SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval is required before construction work for the new apartments,
fitness and leasing centers, whether or not a permit is required for the work and before any permit for
construction is issued. Construction permits shall only be in a manner complying with Section
29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following performance standards must be complied with before
issuance of any grading, or construction permits (mitigation measures are so noted and are flagged
with an asterisk);
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT;
Planning Division
1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. Colors and building materials shown on
the Official Development Plan are not approved and shall be reviewed during the
Architecture and Site approval process.
2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third parry
to overturn, set aside, or void the permit or entitlement. This requirement is a condition of
approval of all such permits and entitlements whether or not expressly set forth in the
approval, and may be secured to the satisfaction of the Town Attorney,
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3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
(A &S) application and approval is required for each of the new residences. Architectural
details, including fencing and a project entry sign, shall be refined as part of this process with
input from the Town's Consulting Architect. The Architecture and Site applications shall be
reviewed by the Planning Commission.
4. BELOW MARKET PRICE (BMP) UNITS. The developer shall provide two (2) BMP units,
one within the project and one to be located off -site, within the Town limits. The off -site
unit shall be approved by the Town Council prior to issuance of any building permits. The
on -site BMP unit will be sold to a moderate income recipient and the off- -site BMP unit will
be sold to a low income recipient.
5. DEED RESTRICTION. A deed restriction shall be recorded prior to the issuance of any
building permits, stating that the BMP residences must be purchased and maintained as
below market price units pursuant to the Town's BMP Ordinance and requirements. The
developer shall enter into a Below Market Price Agreement with the Town prior to issuance
of building permits.
6. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's
Consulting Landscape Architect and approved as part of the Architecture and Site process.
Minimum tree size at time of planting shall be 24 -inch box.
7. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping
shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water
Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the
current fee schedule adopted by the Town Council is required when working landscape and
irrigation plans are submitted for review prior to the issuance of a building permit.
8. SETBACKS. The minimum setbacks are those specified by the CH zoning district or as
otherwise shown on the Conceptual Development Plans.
9. BUILDING HEIGHT. The maximum height of the new residences shall be 30 feet. The
maximum height for detached garages shall be 15 feet. Carriage style garages on lots 2, 4, 5
and 7 shall not exceed 21 feet.
10. HOUSING SIZE. No additional square footage shall be permitted for any of the units.
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11. ACCESSORY STRUCTURES. One open -style accessory or garden structure may be
allowed per lot (examples; gazebo, arbor, trellis). Accessory structures higher than 6 feet
shall be set back a minimum of three feet from side and rear property lines. Accessory
structures are not allowed in front yards.
12. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting shall
be the minimum needed for pedestrian safety and security. Lighting specifications shall be
reviewed as part of the Architecture and Site process.
13. *BIOLOGICAL RESOURCES MITIGATION MEASURE -1. The applicant shall
implement recommendations made by the Arbor Resources report dated May 17, 2011.
Recommendations are listed under Section 5.0, and include Design Guidelines for tree
protection and replacement, soil disturbance, trenching, and landscape design, and Protection
Measures during Grading and Construction, including recommendations for tree protection
fencing, removal of hardscape, work within tree canopies, etc.
14. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
15. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table in the
Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to
final inspection and issuance of occupancy permits.
16. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone
attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree protection fencing plan with the construction plans.
17. RECYCLING. All wood, metal, glass and aluminum materials generated from demolition
work shall be deposited to a company which will recycle the materials. Receipts from the
company(s) accepting these materials, noting type and weight of material, shall be submitted
to the Town prior to the demolition inspection.
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18. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final
locations and screening of all exterior utilities, including but not limited to, backflow
preventers, Fire Department connections, transformers, utility boxes and utility meters.
Utility devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval prior to issuance of
building permits for new construction.
19. *CULTURAL RESOURCES MITGATION MEASURE -1. A qualified archaeologist shall
inspect the ground surface subsequent to the removal of buildings and pavement to search for
indicators of prehistoric occupation and /or use of the area. If the visual inspection of the
ground surface yields any materials or information which may qualify the discovery for
inclusion on the California Register of Historic Resources (CRHR), a plan for the evaluation
of the resource shall be submitted to the Community Development Director for approval.
20. *CULTURAL RESOURCES MITGATION MEASURE -2. If the archaeological site
evaluation demonstrates that the resource area qualifies for inclusion on the CRHR and that
the proposed development will damage the resource significantly, a plan for mitigating the
impacts on the resource shall be submitted to the Town for approval before mitigation of
impacts can be undertaken. Mitigation can take the form of additional hand excavation of
significant materials to remove samples for analysis and publication, along with
archaeological monitoring of all further construction - related earthmoving inside the zone of
archaeological sensitivity.
21. *CULTURAL RESOURCES MITGATION MEASURE-3, In the event that human remains
are discovered, work shall be stopped inside a zone designated by the project archaeologist
until the County Coroner's Office and the Native American Heritage Commission (NAHC)
have been notified. The NAHC is responsible for designating a Most Likely Descendant
(MLD) who shall represent tribal interests in regards to human remains and associated grave
goods. The MLD shall make recommendations to the Community Development Director
regarding the method for exposure and removal of human burials and associated grave goods,
and shall advise the Director regarding the place and method of reburial of these materials.
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Building Division
22. PERMITS REQUIRED. A Demolition Permit is required for any demolition work necessary
for the project and a Building Permit is required for construction of each of the new
residences and detached garages. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
23. SIZE OF PLANS. Submit four sets of construction plans, maximum size 24" x 36 ".
24, 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 will be
addressed.
25. DEMOLITION REQUIREMENTS, Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management Application from the Building Department Service
Counter. Once the demolition form has been completed, all signatures obtained, and written
verification from PG &E that all utilities have been disconnected, return the completed form
to the Building Department Service Counter with the J# Certificate, PG &E verification, and
three (3) sets of site plans to include all existing structures, existing utility service lines such
as water, sewer, and PG &E. No demolition work shall be done without first obtaining a
permit from the Town.
26. STREET NAMES & HOUSE NUMBERS. Submit requests for new street names and house
numbers to the Building Division prior to submitting for the building permit application
process.
27. 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.
28. 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 the Cal /OSHA regulations.
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29. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and that the building pad elevation, on -site retaining wall locations, and elevations
have been prepared according to approved plans. Horizontal and vertical controls shall be set
and certified by a licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
C. Foundation corner locations
d. Retaining Walls
30. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed
with adaptability features for multiple family residences per Town Resolution 1994 -61:
a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs located 34- inches 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 1/2 -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.
31. TITLE 24 ENERGY COMPLIANCE. All required California Title 24 Energy Compliance
Forms must be blue -lined on the plans.
32. TITLE 24 ACCESSIBILITY. On -site parking facilities shall comply with the latest
California Title 24 Accessibility Standards. Work shall include, but not be limited to, on -site
general path of travel accessibility to building entrances from parking facilities and
sidewalks.
33. BLUEPRINT FOR CLEAN BAY, The Town standard Santa Clara County Valley Nonpoint
Source Pollution Control Program Sheet (2406) shall be part of the plan submittal as the
second page. The specification sheet is available at the Building Division Service Counter for
a fee of $2 or at San Jose Blue Print for a fee or online at www.losgatosca,gov /building.
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34. 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.
35. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1704, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permit. The Town Special
Inspection form must be completely filled -out and signed by all requested parties prior to
permit issuance. Special Inspection forms are available from the Building Division Service
Counter or online at www.losgatosca.gov /building.
36. PLANS. The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538).
37, APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Suzanne Davis (408) 354 -6875
b. Engineering /Parks & Public Works Department: Trang Tu- Nguyen (408) 395 -3460
C. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
f. Bay Area Air Quality Management District: (415) 771 -6000
38, HOUSING ACCESSIBILITY. The project shall comply with the Housing Accessibility
requirements of 2007 California Building Code Chapter 11 A.
39. HAZARDS AND HARARDOUS MATERIALS MITGATION MEASURE -1. The
following measures shall be required to reduce public health risks related to removal and
disposal of hazardous materials to a less- than - significant level:
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a. The developer shall retain a qualified professional to update the environmental
database review performed as part of the Phase 1 ESA no more than three months
prior to the start of any construction activities. A qualified professional shall prepare
a report summarizing the results of the environmental database review that assesses
the potential for any identified chemical release sites to affect soil quality at the
proposed project site and identifies appropriate soil analysis to evaluate the potential
for soil contamination at the proposed project site, if needed.
b. The developer shall retain a qualified professional to monitor demolition of the
existing building and conduct appropriate sampling to assess the presence and extent
of chemicals in the soil as needed for all construction activities. Sample analysis
shall include total petroleum hydrocarbons as diesel and motor oil and California
Title 22 metals at a minimum. If contamination is indicated on the basis of
observations during building demolition or the environmental database review
conducted in accordance with Mitigation Measure HAZ -1 a, then additional analysis
shall be conducted in accordance with the recommendations of the qualified
professional. The project sponsor shall notify the regulatory agencies if the
concentration of any chemical exceeded its respective environmental screening level
or California human health screening level.
C, The developer shall require the construction contractor to prepare and implement a
site safety plan, based on the results of sampling conducted as specified in Mitigation
Measure HAZ -lb, identifying the chemicals present, potential health and safety
hazards, monitoring to be performed during site activities, soils - handling methods
required to minimize the potential for exposure to harmful levels of the chemicals
identified in the soil, appropriate personnel protective equipment, and emergency
response procedures. A copy of the report shall be submitted to the Town.
d. The developer shall require the construction contractor to prepare a materials disposal
plan, based on the results of historic sampling and sampling conducted as specified in
Mitigation Measure HAZ -1 b, for excess soil produced during construction activities.
The plan shall specify the disposal method for soil, approved disposal site, and
written documentation that the disposal site will accept the waste. If appropriate,
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materials may be disposed of on -site, under foundations or in other locations in
accordance with applicable hazardous waste classifications and disposal regulations.
The contractor shall submit the plan to the project sponsor for acceptance prior to
implementation and a copy shall be submitted to the Town. During construction,
excess soil from construction activities shall be stockpiled and sampled to determine
the appropriate disposal requirements in accordance with applicable hazardous waste
classification and disposal regulations.
e. The developer shall require the construction contractor to have a contingency plan for
sampling and analysis of potential hazardous materials and for coordination with the
appropriate regulatory agencies, in the event that previously unidentified hazardous
materials are encountered during construction. If any hazardous materials are
identified, the contractor(s) shall be required to modify their health and safety plan to
include the new data, conduct sampling to assess the chemicals present, and identify
appropriate disposal methods. Evidence of potential contamination includes soil
discoloration, suspicious odors, the presence of USTs, or the presence of buried
building materials. The project sponsor should remove and notify the regulatory
agencies in the event of a discovered release. The assigned lead agency should
oversee all aspects of the site investigation and remedial action; and determine the
adequacy of the site investigation and remediation activities at the site.
40. *HAZARDS AND HARARDOUS MATERIALS MITGATION MEASURE -2. The project
sponsor shall incorporate into contract specifications the requirement that the contractor(s)
have a hazardous building materials survey completed by a Registered Environmental
Assessor or a registered engineer prior to demolition of the existing building. If any friable
asbestos - containing materials or lead- containing materials are identified, adequate abatement
practices, such as containment and /or removal, shall be implemented in accordance with
applicable laws prior to demolition. Any PCB - containing equipment, fluorescent light tubes
containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed
and legally disposed of.
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41. *AIR QUALITY MITIGATION MEASURE -1. To limit the project's construction - related
dust, criteria pollutant, and precursor emissions, the following BAAQMD- recommended
Basic Construction Mitigation Measures shall be implemented:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
C. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
C. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations). Clear signage shall be provided for construction workers at all access
points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. A publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints shall be posted at the site. This person shall
respond and take corrective action within 48 hours. The Air District's phone number
shall also be visible to ensure compliance with applicable regulations.
42. *NOISE MITIGATION MEASURE. The recommendations of the Veneklasen Associates
acoustical study shall be incorporated into the final design for the proposed project during
Architecture and Site review, and shall include:
a. Noise barriers to achieve both the Town's long -term noise goal of 55 dBA (LDN)
and /or Town noise guideline of 60 dBA (LDN).
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b. Walls, glazing, and mechanical ventilation to achieve the Town's interior noise
standard of 45 dBA (LDN). Additional noise attenuation measures shall be
incorporated into the design of Lots 8, 15, and 22 as necessary to minimize the
potential for noise conflicts between project residents and the adjacent auto repair
shop.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
43. *GEOLOGY AND SOILS MITIGATION MEASURE -1. The recommendations of the
Pacific Geotechnical Engineering geotechnical investigation and AMEC Geomatrix peer
review (May 17, 2010 and August 19, 2010) shall be incorporated in the final construction
plans for the proposed project.
44. *GEOLOGY AND SOILS MITIGATION MEASURE -2. The developer shall be responsible
for the removal of undocumented fill materials within proposed building excavations. Reuse
of the fill materials shall only be allowed if the requirements for engineered fill are met.
Otherwise, imported engineered fill shall be required for building excavations.
Undocumented fill materials that do not meet the requirements for engineered fill shall be
reused for landscaping or in non - structural fill areas, or shall be disposed of off -site.
45. *TRAFFIC MITIGATION MEASURE -1. The applicant shall work with the Engineering
Division of the Parks and Public Works Department to develop a Traffic Control Plan that
shall be incorporated into the contract specifications. This plan will include, but not be
limited to, the following measures:
a. Construction truck traffic shall only be allowed on Los Gatos Boulevard between
9:00 a.m. and 4:00 p.m., Monday through Friday. When schools are in session, the
Town will prohibit truck operations on Los Gatos Boulevard in the site vicinity
between 2:15 p.m. and 2:45 p.m. to allow school - related traffic to dissipate from Los
Gatos Boulevard, Roberts Road, and the immediate vicinity.
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b. Haul and delivery trucks shall be required to use Los Gatos Boulevard and the Lark
Avenue interchange to access the SR 17 freeway, and they shall not be allowed to use
the freeway ramps on Santa Cruz Avenue to access the SR 17 freeway during the AM
peak, PM peak, or school AM or PM peak hours. Haul and delivery trucks shall
avoid residential streets to the maximum extent feasible.
C. The traffic control plan shall include a provision that requires coordination with the
scheduled peak truck delivery and haul traffic associated with other approved
projects that are located along the project's haul route.
46. 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.
47. 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.
48. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review
at the Engineering Division of the Parks and Public Works Department.
49. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of
any permit or recordation of the Final Map.
50, WEST VALLEY SANITATION DISTRICT FEES. 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 or permit
issuance.
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51. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires
an encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
52. PARKING. Any proposed parking restrictions must be approved by the Police Department.
53. 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.
54. 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.
55. 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.
56. DEVELOPMENT AGREEMENT. The applicant shall enter into an agreement to construct
public improvements that are part of the development in a form acceptable to the Town in the
amount of 100% (performance) and 100% (labor and materials) 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 & Public Works
Department.
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57. UTILITIES. The developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code §27.50.015(b). All new utility services shall be
placed underground. Underground conduit shall be provided for cable television service.
The applicant is required to obtain approval of all proposed utility alignments from any and
all utility service providers. The Town of Los Gatos does not approve or imply approval for
final alignment or design of these facilities.
58. FINAL MAP. A final map shall be recorded prior to issuance of any permit. Two copies of
the final map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title report
and appropriate fees. The map shall be recorded before any permits for new construction are
issued.
59. PRIVATE UTILITIES /STREET. Prior to the recordation of a subdivision map the applicant
shall place a note on the map, in a manner that meets the approval of the Town Engineer that
states: "The private streets, utilities constructed within this map shall be owned, operated and
maintained by the developer, successor or assigns."
60. PRIVATE EASEMENTS. Agreement detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the subdivision map.
61. CC &R's. Submit a copy of the CC &R's with the tract map submittal. Planning, Engineering
and the Town Attorney must sign off on the CC &R's prior to map recordation.
62. 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.
63. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job
site at all times during construction.
64. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California and submitted to the Town for review and
approval.
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65, 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. The developer shall request a walk- through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
66. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the Town
prior to recordation of a map or permit issuance. The joint trench plans shall include street
and /or site lighting and associated photometrics. Applicant shall coordinate with PG &E,
obtain pole badge numbers, and schedule street light turn -on with PG &E. Public street lights
shall be billed with LS2A rates. Private lights shall be metered with billing to the
homeowners association. Pole numbers, assigned by PG &E, shall be clearly delineated on the
plans. Public street lights, existing and new, at project frontage shall be fed and metered from
the traffic signal service cabinet at Los Gatos Boulevard /Roberts Road,
67, FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's
public frontage to current Town Standards. These improvements may include but not limited
to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting
(upgrade and /or repaint) etc.
68. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress printing
to the Town for review of above ground utilities including backflow prevention devices, fire
department connections, gas and water meters, off - street valve boxes, hydrants, site lighting,
electrical /communication/cable boxes, transformers, and mail boxes. Above ground utilities
shall be reviewed and approved by Community Development prior to issuance of any permit.
69. 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
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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. Mitchell Avenue (full frontage). Curb, gutter, sidewalk, curb ramps, knuckles, pave
half street along entire property frontage, signing, striping, street lighting, storm
drainage and sanitary sewers, as required.
b. George Street (full frontage). Curb, gutter, sidewalk, curb ramps, knuckles, pave half
street along entire property frontage, signing, striping, street lighting, storm drainage
and sanitary sewers, as required.
C. Roberts Road (full frontage). Curb, gutter, sidewalk, curb ramps, knuckles, pave half
street along entire property frontage, signing, striping, street lighting, storm drainage
and sanitary sewers, as required.
d. Los Gatos Blvd (full frontage). Curb, gutter, sidewalk, median, curb ramps,
knuckles, landscape for full frontage improvements including the proposed median
tie -in paving, signing, striping, street lighting, storm drainage and sanitary sewers, as
required. Agreement to maintain the landscape shall be signed and recorded prior to
issuance of any permit.
70. TRAFFIC SIGNAL. Video detection system with two video detection cameras shall be
provided and installed prior to issuance of a building permit. Relocation and/or modification
of traffic signal equipment including and not limited to poles, cabinets, signal and
interconnect conduits, shall be performed as needed to accommodate any sidewalk relocation
work. Replace 8" signal heads with 12" heads. Replace non -LED signals with LED's.
Replace safety lighting with LED light fixture and move circuit to metered side. Replace
service pedestal with Type III. Install new street lighting and signal conduits along project
frontage, crossing Roberts Road, and crossing Los Gatos Blvd. Install fiber optics cable and
conduit form fiber splice box to controller cabinet and necessary equipment for termination.
Applicant shall pay for the inspection of traffic signal and lighting work by Town's signal
and lighting maintenance contractor.
Page 17 of 27
71. 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.
72. DRAINAGE IMPROVEMENTS: Prior to the recordation of the map or issuance of any
grading permit, the applicant shall: a) Design provisions for surface drainage; and b) Design
all necessary storm drain facilities extending to a satisfactory point of disposal for the proper
control and disposal of storm runoff.
73. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
74. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall - -top of wall elevations and locations
b. Toe and top of cut and fill slopes
75. 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.
76. RETAINING WALLS. A building permit, issued by the Building Division of the
Community Development 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.
Page 18 of 27
77. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. The reports
shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section
6735 of the California Business and Professions Code.
78, 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.
79. 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.
80. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs 1 acres or more which are
part of a larger common plan of development which disturbs less than 1 acre are required to
obtain coverage under the construction general permit with the State Water Resources
Control Board. You are required to provide proof of WDID# and keep a current copy of the
Storm Water Pollution Prevention Plan (SWPPP) at the construction site and shall be made
available to the Town of Los Gatos upon request.
81. BEST MANAGEMENT PRACTICES (BMPs). Best Management Practices (BMPs)shall be
maintained and be placed for all areas that have been graded or disturbed and for all material,
equipment and /or operations that need protection. Removal of BMPs (temporary removal
during construction activities) shall be placed at the end of each work day.
Page 19 of 27
82. STORMWATER DEVELOPMENT RUNOFF. All new development and redevelopment
project subject to the Storm Water Development runoff requirements. Applicant shall submit
a stormwater control plan and implement conditions of approval that reduce stormwater
pollutant discharges through the construction, operation and maintenance of treatment
measures and other appropriate source control and side design measures. Increases in runoff
volume and flows shall be managed in accordance with the development runoff
requirements.
83. SITE DESIGN MEASURES All projects must incorporate the follow measures to the
maximum extent practicable: a) Protect sensitive areas and minimize changes to the natural
topography, b) Minimize impervious areas, c) Direct roof downspouts to vegetated areas
where feasible, d) Use permeable pavement surfaces where feasible, and e) Use landscaping
to treat stormwater.
84. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A Notice
of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to
the San Francisco Bay Regional Water Quality Control Board for projects disturbing more
than one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizing /building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations 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 most current
Santa Clara County NPDES MRP Permit. Monitoring for erosion and sediment control is
required and shall be performed by the QSD or QSP as required by the Construction General
Permit. Stormwater samples are required for all discharge locations and projects may not
exceed limits set forth by the Construction General Permit Numeric Action Levels and.or
Numeric Effluent Levels. A Rain Event Action Plan is required when there is a 50% or
Page 20 of 27
greater forecast of rain within the 48 hours by the National Weather Service or whenever rain
is imminent. The Town of Los Gatos will conduct periodic NPDES inspections of the site to
verify compliance with the Construction General Permit and Stormwater Ordinances and
Regulations.
85, 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.
86. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to public
storm system shall be stenciled /signed with appropriate Flows to Bay language. On -site
drainage systems for all projects shall include one of the alternatives included in section C.3.i
of the Municipal Regional NPDES permit, such as storm water reuse via cisterns, or rain
barrels, direct runoff from impervious surfaces to vegetated areas and use of permeable
surfaces.
Page 21 of 27
87. STORM WATER MANAGEMENT PLAN. A storm water management shall be included
with the grading permit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall
delineate source control measures and BMP's together with the sizing calculations. The plan
shall be certified by a professional pre- qualified by the Town, In the event that storm water
measures proposed on the Planning approval differ significantly from those certified on the
Building /Grading Permit, the Town may require a modification of the Planning approval
prior to release of the Building Permit, The applicant may elect to have the Planning
submittal certified to avoid this possibility.
88. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner /homeowner's
association shall enter into an agreement with the Town for maintenance of the stormwater
filtration devices required to be installed on this project by Town's Stormwater Discharge
Permit and all current amendments or modifications. The agreement will specify that certain
routine maintenance shall be performed by the property owner /homeowner's association and
will specify device maintenance reporting requirements. The agreement will also specify
routine inspection requirements, permits and payment of fees. The agreement shall be
recorded prior to release of any occupancy permits.
89. 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.
90. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards
any public 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.
91. DRIVEWAY APPROACH. The developer shall install all driveways to meet Town standard
commercial /residential driveway approach(es).
Page 22 of 27
92. CURB RAMPS. The developer shall construct any proposed curb ramps in compliance with
ADA Standards.
93. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
94. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including
but not limiting to planting of trees and hedges, will need to abide the Town Code Section
23.10.080, 26.10.065 and 29.40.030.
95, AS -BUILT PLANS. After completion of construction of all work, the original plans shall
have all 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 reviewed and approved the Engineering Inspector. A Mylar and
AutoCAD disk of the approved "as- built" plans shall be provided to the Town before the
Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall
include only the following information and shall conform to the layer naming convention: a)
Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining
Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e)
Tennis Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY -LINE; g)
Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate
basis as the Town's survey control network and shall be submitted in AutoCAD version 2000
or higher.
96. 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.
97. 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
Page 23 of 27
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 6.50.0 10 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.
98. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9 :00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five
(85) dBA at twenty -five (25) feet. If the device is located within a structure on the property,
the measurement shall be made at distances as close to twenty -five (25) feet from the device
as possible. The noise level at any point outside of the property plane shall not exceed
eighty -five (85) dBA.
99. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours. The
storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless
a special permit is issued by the Engineering Division. The adjacent public right -of -way
shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall
not be washed into storm drainage facilities. The storing of goods and materials on the
,sidewalk and /or the street will not be allowed unless a special permit is issued. The
developer's representative in charge shall be at the j ob 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.
100. 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.
Page 24 of 27
101. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from the
Town Engineer (§ 15.40.070).
102, CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be
submitted for review and approval by the Town Engineer prior to issuance of any permits.
103, TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic control
plan for incorporation into the construction bid documents (specifications), and this plan will
include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, and special events. The schools
located on the haul route shall be contacted to help with the coordination of the
trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
C. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one -way operation, specifying dates and hours of
operation.
104, 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.
Page 25 of 27
105. PERMIT ISSUANCE. Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
106. COVERED TRUCKS. All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT;
107. AUTOMATIC FIRE SPRINKLER SYSTEM. Approved automatic fire sprinklers are
required for all new and modified buildings larger than 3,600 square feet or that are more
than three or more stories in height. A State of California licensed (C -16) fire protection
contractor shall submit plans, calculations a completed permit application and appropriate
fees to the Fire Department for review and approval, prior to beginning work.
108. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to
be determined jointly by the Fire Department and San Jose Water Company. Maximum
hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,000 GPM at 20
psi, residual.
109. TIMING OF WATER SUPPLY INSTALLATIONS. Installations of required fire services
and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the start of
framing or delivery of combustible materials.
110. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved
all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13
feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, AND
a maximum slope of 15% (Standard Details and Specifications sheet A -1).
111. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new
and buildings in such a position as to be plainly visible and legible from the street or road
fronting the property. Numbers shall contrast with their background.
Page 26 of 27
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on October 3, 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 October 17, 2011, and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Diane McNutt, Steve Rice, and Mayor Joe Pirzynski
NAYS: Steven Leonardis and Barbara Spector
ABSENT:
ABSTAIN: •
SIGNED:
r AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 27 of 27
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Application No. PO -10 -004 A.P.N. #529 -13 -031 & 055
Change of zoning map amending the Town Zoning Ordinance.
® Zone Change
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From: Crt To: L;H:P®
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Forwarded by Planning Commission Date: September 14, 2011
Approved by Town Council Date: October 17, 2011 Ord: 2033
Clerk Administrator Ma
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Exhibit A
Of Attachment 1