Ord 2122 - Amending Ordinance No. 2081 relating to modifications to a performance standard and site plan to eliminate an emergency access fire road effecting a zone change from R-1:8 and RM:5-12 to RM:5-12 PD for property at 517 Blossom Hill Road, 615 BloORDINANCE 2122
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 2081
RELATING TO MODIFICATIONS TO A PERFORMANCE STANDARD
AND SITE PLAN TO ELIMINATE AN EMERGENCY ACCESS FIRE ROAD
EFFECTING A ZONE CHANGE FROM R -1:8 AND RM:5 -12 TO RM:5 -12 PD FOR
PROPERTY AT 517 BLOSSOM HILL ROAD, 615 BLOSSOM HILL ROAD AND PARCELS
BORDERING PLACER OAKS DRIVE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
The Performance Standards of Ordinance No. 2081 are hereby amended to reflect the
elimination of an emergency access fire road. The following Performance Standards and revised
site plan shown in Exhibit A, are part of the original Official Development Plan of Ordinance No.
2081 and must be complied with before any issuance of any grading or construction permits:
( "MITIGATION MEASURES)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
application and approval is required from the Town prior to the issuance of any permits
or construction on site.
2. DEVELOPMENT STANDARDS (SETBACKS, HEIGHT, PARKING, ETC.): Minimum yard
setbacks, building heights, etc. shall be limited to those depicted on the approved
development plan. All setbacks shall comply with the approved development plan.
3. FUTURE ADDITIONS: No additional square footage shall be permitted to any of the
units.
4. ' MITIGATION #1 (HAZARDS): Priorto project construction, a Phase 1 Site Assessment
shall be prepared to determine the presence of hazardous materials in site soils. The
assessment shall focus on portions of the site where fill has been placed. If required, the
Assessment shall provide appropriate recommendations of any required remediation.
5. ** *MITIGATION #2(CULTURAL RESOURCES): In the event that archaeological traces
are encountered, all construction within a 50 -meter radius of the find will be halted, the
Planning Director will be notified, and an archaeologist will be retained to examine the find
and make appropriate recommendations.
Page 1 of 9
6. *"MITIGATION #3(CULTURAL RESOURCES): if human remains are discovered, the
Santa Clara County Coroner will be notified. The Coroner will determine whether or not
the remains are Native American. If the Coroner determines that the remains are not
subject to his authority, he will notify the Native American Heritage Commission, who will
attempt to identify descendants of the deceased Native Americans.
7. ""MITIGATION #4(CULTURAL RESOURCES): If the Planning Director finds that the
archaeological find is not a significant resource, work will resume only after the submittal
of a preliminary archaeological report and after provisions for reburial and ongoing
monitoring are accepted. Provisions for identifying descendants of a deceased Native
American and for reburial will follow the protocol set forth in Appendix K of the CEQA
Guidelines. If the site is found to be a significant archaeological site, a mitigation program
will be prepared and submitted to the Planning Director for consideration and approval,
in conformance with the protocol set forth in Appendix K of the CEQA Guidelines.
8. *'"MITIGATION #5(CULTURAL RESOURCES): A final report will be prepared when a
find is determined to be a significant archaeological site, and /or when Native American
remains are found on the site. The final report will include background information on the
completed work, a description and list of identified resources, the disposition and curation
of these resources, any testing, other recovered information, and conclusions.
9. FENCING. All proposed fencing for the development shall be reviewed during the
Architecture and Site approval process.
10. SOUNDWALL. Final details of the soundwall shall be provided during the Architecture
and Site approval process. Gate(s) shall be provided in the soundwall to access the
landscape area adjacent to Highway 17 for maintenance purposes.
11. BMP UNITS. The Developer shall work with the Director of Community Services during
the Architecture and Site approval process to make the required arrangements for the
BMP rental units.
12. BMP PARKING. The assigned parking spaces forthe units will be further reviewed during
the Architecture and Site Approval process.
13. DEPRESSED GARAGES. Slope details of the driveway to the depressed garages shall
be provided during the Architecture and Site approval process.
14. STUDY SESSION. Prior to the Architecture and Site hearing for all of the improvements
articulated with the changes and finalizing the plan, a noticed study session, involving all
interested parties and the Planning Commission shall occur.
15. CONSTRUCTION TRAFFIC. The developer shall develop a construction schedule and
a traffic control plan during the Architecture and Site approval process to minimize the
potential for traffic safety and congestion impacts to the neighboring streets during
construction.
16. LOFTS. During the Architecture and Site approval process, the Planning Commission
Page 2 of 9
shall consider whether or not the loft should be removed.
(Building Division)
17. PERMITS REQUIRED: A building permit application shall be required for each proposed
structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary.
18. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
19. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
20. SOILS REPORT: Two copies of 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.
21. 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 wall locations and
elevations are prepared according to approved plans. Horizontal and vertical controls
shall be set and certified by a licensed surveyor or registered civil engineer for the
following items:
a. Pad elevation
b. Finish floor elevation
C. Foundation corner locations
22. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -1 R
AND MF -1 R shall be blue lined on the construction plans.
23. PLANS: The construction plans for this project shall be prepared under direct supervision
of a licensed architect or engineer. (Business and Professionals Code Section 5538)
24. HAZARDOUS FIRE ZONE: This project requires Class A roofing assembly.
25. TITLE 24 ACCESSIBILITY - MULTIFAMILY: On site parking facility shall comply with the
latest California Title 24 Accessibility Standards for disabled.
26. TITLE 24 ACCESSIBILITY - MULTIFAMILY: On site general path of travel shall comply
with the latest California Title 24 Accessibility Standards. Work shall include but not be
limited to accessibility to building entrances from parking facilities and sidewalks.
27. TITLE 24 ACCESSIBILITY - MULTIFAMILY: The buildings shall fully comply with the
latest California Title 24 Accessibility Standards.
Page 3 of 9
28. 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 be
submitted to the Building Official for approval prior to issuance of the Building Permit, in
accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from
the Building Department Service Counter. The Town Special inspection schedule shall
be blue lined on the construction plan.
29. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet (Size 24" X 36 ") is available at the Building Department
service counter.
30. APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a) West Valley Sanitation District: 378 -2407
b) Santa Clara County Fire Department: 378 -4010
c) Los Gatos School District: 395 -5570
Note: Obtain the School district form from the Town Building
Department, afterthe Building Department has approved the building
permit.
31. CONSTRUCTION HOURS /NOISE. Construction work hours shall be limited to 9:00 a.m.
to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends and holidays.
Procedures with the highest noise potential shall be scheduled for the times during which
the ambient noise levels are highest (i.e., during peak commute hours.) The developer's
contractor shall employ the quietest alternative equipment to muffle or control noise from
available equipment. Especially noisy operations such as mixing concrete shall be
performed off -site and not in the general vicinity of the project site.
32. `MITIGATION #8 (NOISE): The project shall be required to include a noise wall along
the project boundary that is contiguous to the Highway 17 freeway with the height
specifications as recommended in the detailed noise study.
33. ** *MITIGATION #10 (NOISE): To control flanking noise, the barrier shall continue along
the southern property boundary as specified in the detailed noise study (attachment 1 of
the Initial Study).
34. ** *MITIGATION #11 (NOISE): In order to meet Title 24 interior noise standards, the
project shall implement general construction measures as well as window and door
controls as recommended in the detailed noise study (attachment 1 of the Initial Study).
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
35. LOT MERGER REQUIRED. A separate Lot Merger application submittal and approval
is required for the proposed project prior to the issuance of building permits.
Page 4 of 9
36. GRADING PERMIT. A grading permit is required for all on -site improvement, grading,
drainage and erosion control. A separate application for a grading permit (with grading
plans) shall be made to the Engineering Division of the Parks & Public Works Department.
The grading plans shall include final grading, drainage retaining wall location, driveway,
utilities and interim erosion control.
37. SOILS REPORT. One copy of the soils and geologic 'report shall be submitted with the
grading permit or public improvement application. The soils report shall include specific
criteria and standards governing site grading, drainage, pavement design, retaining wall
design and erosion control. The reports shall be signed and "wet stamped" by the
engineer or geologist, in conformance with Section 6735 of the California Business and
Professions Code.
38. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication
shall be recorded before any permits are issued.
Reciprocal ingress- egress, storm drainage and sanitary sewer
easements, with adjacent properties, as required.
39. . TRAFFIC IMPACT MITIGATION FEE (MULTI- FAMILY RESIDENTIAL). The developer
shall pay a 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 mitigation fee for this project, using the current fee schedule and the
preliminary plans is $194,922. The final fee shall be calculated from the final plans using
the rate schedule in effect at the time of the building permit application, using a trip
generation rate based on apartment use:
40. 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.
41. 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.
42. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting an 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.
Page 5 of 9
43. GRADING INSPECTIONS. The soils engineer or her /his qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading
report before occupancy /Certificate of Completion.
44. 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.
45. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Development Division of the Parks & Public Works
Department. On sites over five (5) acres, a Notice of Intent (NOI) and Storm Water
Pollution Prevention Plan (SW PPP) shall be submitted to the San Francisco Bay Regional
Water Quality Control Board. Grading activities shall be limited to the period of least
rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of
an area and stabilizing /building on an area if grading is allowed to go on during the rainy
season. In addition, straw bales and plastic sheeting shall be stored on -site for
emergency control, if needed. Install filter berms, check dams, retention basins, silt
fences and straw bale dikes as needed on the project site, to protect down stream water
quality during winter months.
46. NONPOINT SOURCE POLLUTION PREVENTION. On -site drainage systems shall
include a filtration device in the catch basins or a grease and oil separator shall be
installed.
47. ACCESS DRIVEWAY TO ADJACENT CONDOMINIUMS. A "Stop" sign and stop bar
shall be placed on the exit portion of the driveway that is to be built to access the
condominiums to the south of the project site.
48. 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). Cable television capability shall be provided to all new homes.
49. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk- through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
50. 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.
Page 6 of 9
51. MITIGATION #6 (TRANSPORTATION /CIRCULATION): The minimum inside turning
radius for dead -end, two -way aisles shall be 20 feet. Either the two dead -end aisles shall
be redesigned to achieve such a radius or hammerhead -type design shall be employed.
52. LANDSCAPE MAINTENANCE AGREEMENT. Prior to issuance of a building permit, a
five year Landscape Maintenance Agreement shall be entered into.
(Parks and Forestry Division)
53. NEW TREES: All newly planted trees are required to be double staked to Town
standards and shall be planted prior to final occupancy.
54. TREE REMOVAL PERMITS. Tree Removal Permits shall be obtained prior to the
issuance of a Building and /or Grading Permit.
55. TREE PROTECTION ON -SITE AND OFF -SITE. All existing trees both on and off -site in
the immediate vicinity of the project which may be affected by construction and are not
approved for removal shall be protected prior to and during construction.
56. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the
applicant shall meet with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing trees. Such fencing is to
be installed prior to, and be maintained during, construction. The fencing shall be a four
foot high chain link attached to steel poles driven two feet into the ground when at the
dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence
base may be used, as in a typical chain link fence that is rented.
57. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by an in- ground
irrigation system. Special care shall be taken to avoid irrigation which will endanger
existing native trees and vegetation or any water sensitive species such as Oak trees.
58. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping
shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based
on the current fee schedule adopted by the Town Council is required when working
landscape and irrigation plans are submitted for review.
TO SATISFACTION OF SANTA CLARA COUNTY CENTRAL FIRE DISTRICT:
59. CONSTRUCTION: All buildings shall be Type V -1 hour construction based upon
occupancy type.
60. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. The buildings shall be equipped
throughout with an approved automatic fire sprinkler system. The fire sprinkler system
shall be hydraulically designed per National Fire Protection Association (NFPA) Standard
#13, 1994 Edition.
61. FINAL REQUIRED FIRE FLOW: The final required fire flow is 1,500 GPM at 20 psi.
residual pressure with the installation of the automatic fire sprinkler system. This flow
Page 7 of 9
shall be taken from any two fire hydrants, on or near the site so long as they are spaced
at a maximum spacing of 250 feet.
62. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide four public fire hydrants at locations to
be determined jointly by the Fire Department and the San Jose Water Company.
Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500
GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil
drawings included with the building permit submittal. Required fees to be paid ASAP to
prevent engineering delays.
63. PRIVATE FIRE HYDRANT(S) REQUIRED. Provide private on -site hydrant(s) installed
per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum
hydrant spacing shall be 250 and the minimum single flow hydrant shall be 1,500 GPM
at 20 p.s.i. residual pressure. Prior to designing the system, the project civil engineer shall
meet with the fire department water supply officer to jointly spot the hydrant locations.
64. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Required Fire Service and
Fire Hydrant installations shall be installed, tested and accepted by the Fire Department,
prior to the start of framing. Bulk construction materials shall not be delivered to the site
until installations are completed as stated above. Building permit issuance may be
withheld until installations are completed.
65. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide access
roadways with a paved all weather surface and a minimum unobstructed width of 30 feet,
vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside
and 31 feet inside, and a maximum slope of 10- percent and vehicle loading of 52,000
pounds.
66. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside and 23
feet inside, and a maximum slope of 15- percent. Installations shall conform with Fire
Department Standard Details and Specifications A -1. Cul -De -Sac Diameters shall be no
less than 72 feet.
67. FIRE LANE MARKINGS REQUIRED. Provide markings for all roadways within the
project. Markings shall be per fire department specifications. Installations shall also
conform to Local Government Standards and Fire Department Standard Details and
Specifications A -6.
68. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not
be obstructed in any manner. Parking shall not be allowed along roadways less than 28
feet in width. Parking will be allowed along one side of the street for roadways 28 -35 feet
in width. For roadways equal to or greater than 36 feet parking will be allowed on both
sides of the roadway. Roadway widths shall be measured face to face of curb. Parking
spaces are based on an 8 ft wide space.
69. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads up
through first lift of asphalt shall be inspected and accepted by the Fire Department prior
Page 8 of 9
to the start of construction. Bulk combustible materials shall not be delivered to the site
until installations are completed as stated above. Building permit issuance may be
withheld until installations are completed.
70. FIRE LADDER TRUCK SET UP AREA(S) OPTION: Provide Fire Department Ladder
Truck set up areas with a minimum unobstructed width of 30 feet and a minimum length
of 60 feet. Area shall support 75,000 pounds of gross vehicle weight. Area shall be
paved or other engineered surfaces may be used with Fire Department approval.
71. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background and be
a minimum of four inches in height.
TO THE SATISFACTION OF THE TOWN ATTORNEY
72. GRAFFITI REMOVAL. The developer shall post a letter of credit or cash in the sum of
twentythousand dollars ($20,000.00) which shall be maintained fora period of fifteen (15)
years for the removal of graffiti on the sound wall once construction has been completed.
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on November 3, 2003, 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 November 17,
2003. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
= LOS GATOS
ATTEST:
ti
CLERK OF THE TOWN O S GATOS
LOS GATOS, CALIFORNIA
Page 9 of 9