Ord 1957 - Amending Ordinance 1856 Relating to the Performance Standards, Sertback and Improvement Requirements Affecting Zone Change No. 81 from O, R-1:8000 & RM:5-20 to R-1:8000-PDORDINANCE 1957
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE NO. 1865 RELATING TO THE PERFORMANCE
STANDARDS, SETBACK AND IMPROVEMENT REQUIREMENTS AFFECTING
ZONE CHANGE NO. 81 FROM O, R- 1:8000 & RM:5 -20 TO R- 1:8000 -PD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Performance Standards of Ordinance No. 1865 are hereby amended to reflect
the current project. The following Performance Standards and revised setbacks and
improvements shown in Exhibits A through G are part of the original Official Development
Plan of Ordinance No. 1779 and must be complied with before issuance of any grading or
construction permits:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. The Roberts Road Bridge, Nino house, and the on -site rock wall shall be preserved.
Any exterior changes of the Nino house shall require Architecture and Site Approval.
All changes to the Nino house shall be reviewed by the Historic Preservation
Committee.
2. The applicant shall provide a new bus stop along the Blossom Hill Road frontage
of this property, including a bus shelter.
3. Applicant shall provide in the construction contract that the general contractor shall
use quieting equipment control and procedures to reduce noise levels.
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4. Construction shall be limited 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.
5. Applicant shall obtain tree removal permits prior to issuance of any Building Permit.
6. Within the limits of the building envelopes provided, the Planning Commission shall
have full discretion to modify the conceptual buildings proposed. These
modifications may include change of materials, and smaller dwelling units.
7. Structures submitted for precise plan approval shall be designed to maximize passive
solar heating and cooling provisions, and a detailed analysis and summary of these
provisions shall be provided.
8. The entrance sign reading Vasona Hills shall be deleted.
9. Use of outer gates to be reconsidered; review the built project without the gates,
and, if they seem reasonable, install at that time.
10. If any indication of archeological remains are encountered during construction
activities, all such activities should cease immediately until a qualified archeologist
can ascertain the nature of the discovery and recommend mitigation, if necessary.
11. All historic artifacts unearthed during construction activities shall be turned over to
the Los Gatos Museum.
12. Of the five BMP units required, one of these must include the rehabilitated Nino
residence.
13. Applications for modification to an approved Architecture and Site application shall
be filed for such parcels where setbacks are to be modified as identified in
Exhibit A.
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(Engineering Section)
14. The existing well on site shall be abandoned and capped in accordance with the
requirements of the water district.
15. Retaining wall uphill of residence on Lot 26 shall be designed and /or relocated at
the Architecture and Site Approval stage.
16. A Traffic Impact Mitigation Fee shall be paid as established by Town Council
resolution at the time of payment for each new house, prior to the issuance of a
Certificate of Use and Occupancy.
17. The Vasona Park entrance shall be relocated to line up with the existing Roberts
Road and Blossom Hill Road (west) intersection. This cost shall be borne by the
applicant.
18. The intersection of Blossom Hill Road and Roberts Road / Vasona Park entrance
shall be signalized. Associated improvements shall include interconnection with the
existing traffic signals at Blossom Hill Road and University Avenue, storm drainage
improvements, street lighting, and channelization improvements consisting of curb
returns, tie -in pavement, traffic islands, signing, striping, and other pavement
markings. The cost of these improvements shall be borne by the applicant.
19. A soundwall shall be constructed to reduce the exterior noise level on Lots 7, 8, 9,
10 and 11. To achieve the required reduction in noise levels, one of the following
alternatives shall be implemented:
a. The preferred alternative would be to construct a soundwall (maximum
14 -foot height) parallel to Los Gatos Creek within the Highway 17
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right -of -way. The cost of the length of wall necessary to achieve proper sound
attenuation for the subdivision shall be borne by the applicant. Additionally,
under this alternative, the applicant shall construct a trail as shown in
Exhibit B and extend the soundwall the length of the trail; stepping the wall
height down in two foot increments from 14 feet to 8 or 10 feet. The
applicant may elect to contribute additional funds toward this construction,
depending on whether or not their overall financial obligation is reduced in
the process of modifying the existing Planned Unit Development permit. The
remainder of the cost of constructing the additional improvements would be
borne by the Town. Since this alternative requires an encroachment permit
from Caltrans and additional funds from the applicant and Town, a second
alternative is provided. If for any reason the preferred alternative cannot be
constructed, the below described alternative shall be implemented.
b. The existing sound wall along Highway 17 shall be extended by constructing
a 10 to 12 -foot high soundwall along the Highway 17 boundary of Lots 10 and
11. Additionally, a 14 -foot high soundwall shall be constructed along the rear
yard property lines of Lots 8, 9 and 10, and a 12 -foot high soundwall along
the rear yard property line of Lot 7, as shown in Exhibit C. The cost of this
wall shall be borne by the applicant.
20. Should the Town Council approve the closure of Roberts Road the orientations of
the homes on Lots 30 and 31, and the vehicular access to Lot 31 shall be modified
as shown on Exhibit D.
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21. A certificate of lot line adjustment shall be filed to adjust the lot line in the
southwest corner of Lot 5, as shown on Exhibit E.
22. The sidewalk on the westerly side of Ohlone Court between . the driveway to Lot 25
and the walkway to Lot 26 (as shown on Exhibit F) shall be eliminated, including
the proposed retaining wall to be constructed immediately adjacent to this section
of sidewalk.
23. The original Planned Unit Development permit provided for the possible closure of
Roberts Road. The Town could agree to close Roberts road as previously stipulated
(the applicant has recorded an offer of dedication for a 42 -foot radius cul -de -sac
bulb) or select the alternative recommended by the Development Review Committee
(Exhibit G). The applicant shall pay fifty percent (50 %) of the cost for closing
Roberts Road, not to exceed $60,000. If the road closure has not already been
affected prior to issuance of the final certificate of occupancy, the applicant shall
post a security with the Town in the amount of $60,000 (sixty - thousand dollars) to
secure construction of the improvements associated with this road closure. The
obligation to provide said security shall expire three years after the date of issuance
of the last certificate of occupancy for the subdivision or upon expiration without
acceptance of the offer of dedication for the cul -de -sac on Roberts Road, whichever
occurs first.
24. The applicant has executed an agreement with the County of Santa Clara Parks and
Recreation Department for the relocation of the park entrance and construction of
improvements within Vasona Park.
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25. An eight (8) foot wide asphalt concrete path shall be constructed within dedicated
open space adjacent to Los Gatos Creek, to conform with the existing bicycle path
south of Blossom Hill Road.
26. The following improvements shall be guaranteed by contract, Faithful Performance
Security, and Labor and Materialman's Security, and completed prior to the
occupancy of any new building.
a. All improvements within the Blossom Hill Road right -of -way associated with
relocating the Vasona Park entrance to line up with Roberts Road.
b. All improvements associated with signalizing the intersection of Blossom Hill
Road and Roberts Road / Vasona Park entrance, including an interconnection
with the existing traffic signals at the Blossom Hill Road /University Avenue
intersection and traffic channelization improvements.
C. All improvements associated with the construction of the pathway adjacent
to Los Gatos Creek, including the proposed new portion of the pathway within
the Highway 17 right -of -way.
d. All improvements associated with the construction of the soundwall required
to reduce the exterior noise level on Lots 7, 8, 9, 10, and 11, including any
extensions of this wall necessary to protect the proposed new trail.
27. All lots shall be surveyed and monumented (set pipes) prior to construction.
28. Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered civil engineer for the following items:
a. Pad elevation
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b. Finish floor elevation
C. . Foundation corner locations
d. Retaining wall - -top of wall elevations and location
e. Toe and top of cut and fill slopes
29. All documents, contracts, security, insurance, as applicable, shall be provided prior
to issuance any permits.
30. Active cable television service shall be provided for each lot.
31. The off - hauling of the excess excavated material shall be limited to the period
between 9:00 a.m. - 3:00 p.m., Monday through Friday.
32. Approval of vacating Town property for project shall be obtained prior to receiving
Architecture and Site Approval.
33. The emergency access road between Ohlone Court and Roberts Road shall be
maintained by the homeowners' association.
34. Provide permanent access to the creek from Roberts Road upstream of the bridge.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
35. All tree care activities shall be accomplished by a licensed, competent tree care firm
as approved by and under the supervision of the Director of Parks, Forestry &
Maintenance Services.
36. 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. A plan for such protective fencing
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demonstrating type and location shall be submitted to the Planning Director after
being approved by the Director Parks, Forestry and Maintenance Services. Such
fencing is to be installed prior to, and be maintained during, construction.
37. Any trenching proposed within the dripline of existing trees shall be hand dug.
38. Applicant shall include in the CC &R's a section requiring that all non - native plants
or ground cover be planted, nor any impervious surfaces (i.e. patios) be constructed
under the dripline of existing trees. Native plants must be a minimum of 12 feet
from the tree trunk and irrigation shall not spray within the dripline of existing trees.
39. Any building constructed under the dripline of existing trees will be required to have
a pier and beam foundation.
40. Any impervious area encroaching under the dripline of existing trees shall be
interlocking pavers.
41. Newly planted trees shall be double- staked, using rubber tree ties.
42. The soundwall shall be a minimum of eight feet from the trunk of existing trees and
shall be constructed using pier and beam, unless otherwise specified by the Parks
Superintendent.
43. Applicant shall work with Caltrans, to plant drought tolerant trees on State property
to screen soundwall from Highway 17.
44. Applicant shall provide additional landscaping as needed in the creek area.
45. Should the Town Council approve the closure of Roberts Road, final landscaping
plans for the road closure shall be submitted to the Department of Parks, Forestry
and Maintenance Services.
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TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
46. All units must meet the handicapped accessibility requirements as adopted by the
Town Resolution 1991 -230.
47. The applicant shall obtain a revocable permit for the good neighbor fence proposed
to be constructed on Town property for Lots 2 through 4.
48. The applicant shall provide to the Town a new survey describing the area where the
Earth Stone wall was constructed in the public right -of -way for dedication of an
easement.
TO THE SATISFACTION OF THE TOWN ATTORNEY:
49. CC &R's shall meet all Town requirements.
TO THE SATISFACTION OF THE COUNTY OF SANTA CLARA PARKS AND
RECREATION DEPARTMENT:
50. Redesign and refurbishment, as necessary of the park entrance wall and entry
signage, as per original design.
51. Relocation of all affected park utilities including, but not limited to: water meter and
main, irrigation backflow preventer, sprinkler system, electrical and telephone.
52. Demolition of existing park entrance road that will not be used in the redesigned
entry.
53. Construction of the new park entrance road (park standard width 22 feet - 0 feet)
connecting Blossom Hill Road with the existing park road system.
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54. Implementation of landscaping and irrigation of new park entrance and entrance
station areas.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
55. Four (4) new fire hydrants are required for this development.
56. The required fire hydrant installations shall be tested and accepted by the Central
Fire District prior to the issuance of any Building Permit.
57. Access roads shall be installed with all- weather surfaces capable of supporting the
imposed load of fire apparatus, 35,000 pounds prior to the issuance of any Building
Permit.
TO THE SATISFACTION OF THE POLICE DEPARTMENT:
58. The emergency access road must be adequately lighted for pedestrian traffic.
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SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on September 20, 1993, 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 4, 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YOR OF 7THE OW F LOS GAT(
S GATOSALIFORN A
ATTEST:
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CLERK OF THE TOWN OF 6S GATOS
LOS GATOS, CALIFORNIA
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