Ord 2087 - Amending the zoning ordinance effecting a zone change from LM to LM:PD at 17435 and 17443 Farley RoadORDINANCE 2087
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM LM TO LM:PD AT 17435 AND 17443 FARLEY ROAD
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 amended to change the zoning at 17435 and
17443 Farley Road as shown on the map which is attached hereto marked Exhibit A and is part of this
Ordinance from LM (Commercial- Industrial), to LM:PD (Commercial- Industrial, Planned
Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition of two pre -1941 single - family residences and miscellaneous accessory
structures;
2. Construction of two detached residential buildings to contain a total of six units;
3. Construction of a storage building;
4. Maintaining an existing residential unit with the construction of a detached two car
garage; and
5. Landscaping, streets, parking, public pedestrian access easement, open space and other
site improvements shown and required on the Official Development Plan.
6. Uses permitted are those specified in the underlying LM ( Commercial - Industrial) zone
by Sections 29.70. 100 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future, subject to any restrictions or other requirements specified
elsewhere in this ordinance including, but not limited to, the Official Development Plan.
However, no use listed in Section 29.20.185 is allowed unless specifically authorized by
this Ordinance, or by Conditional Use Permit.
Page 1 of 10
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 the demolition of the single family residences
and accessory structures, or any construction work for the dwelling units and /or storage building is
performed, 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 Zoning
Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans, 10 sheets), are part of the
Official Development Plan. The following must be complied with before issuance of any grading,
demolition or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official Development Plans are
conceptual only and separate Architecture and Site Applications and approvals shall be required
for the proposed storage building, residential units and detached garage.
2. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance
of a Building, Grading or Encroachment Permit.
3. RECYCLING. All wood, metal, glass, and aluminum materials generated from the demolished
structure 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 Town's demolition inspection.
4. PHOTO DOCUMENTATION. Prior to the issuance of a building permit, the residence located
in the middle of the lot shall be photographically documented by providing two sets of colored
Page 2 of 10
and black and white photographs to the Town for the project file and the historic resources
inventory.
MASONRY WALL. A six foot high masonry wall shall be constructed along the western
property line. The specific location and details of the wall shall be provided during the
Architecture and Site approval process.
6. OPEN SPACE. During the Architecture and Site approval process, the dimensions and area of
the community and private open space of the residential units shall be shown on the plans.
7. LIGHTING. Any exterior lighting proposed for the site shall use low voltage lights that are
focused and angled downward at a height to minimize incidental lighting of adjacent residences.
An exterior lighting plan shall be provided during the Architecture and Site approval process.
HIGH SCHOOL DISTRICT PARKING. The configuration and landscaping areas of the parking
area for the High School District is not part of this application.
9. MECHANICAL EQUIPMENT. All mechanical equipment shall be screened.
10. BELOW MARKET PRICE PROGRAM. The developer shall designate one of the residential
units as a BMP unit. In addition, three residential units shall be available to teachers through
the Los Gatos- Saratoga Joint Union High School District and the Los Gatos Union School
District. If teachers are not available to fill these units, then the units shall be subject to the
Town's Below Market Price Program. Teachers shall have the first right of refusal for the
teacher units. The rental agreement shall be prepared by the developer, with input from the
school district, and Town staff prior to the issuance of any permits. A deed restriction shall be
recorded prior to the issuance of any building permits, stating that the BMP unit must be rented
as a below market priced unit pursuant to the Town's BMP requirements. The deed restriction
will also indicate the rental agreement of the teacher units.
11. USE /HOURS OF OPERATION. The storage building shall be used for public storage of
nonhazardous and personal business items. Maximum hours of operation shall not exceed 8:30
AM to 6 PM Monday through Friday, 10 AM to 4 PM on Saturdays, and 10 AM to 2 PM on
Sundays.
(Building Division)
12. PERMITS REQUIRED. A building permit application shall be required for each proposed
structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary.
13. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
14. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
Page 3 of 10
15. 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)
16. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Director of
Community Development, containing foundation and retaining wall design recommendations
shall be submitted with the Building Permit application. The report shall provide appropriate
slope stabilization and shoring measures to ensure that proposed excavation and building
construction does not cause any damage to adjacent properties and structures. This report shall
be prepared by a licensed civil engineer specializing in soils mechanics.
17. 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
18. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R and
MF -1R shall be blue -lined on the construction plans.
19. DEMOLITION PERMIT REQUIREMENTS: Contact Bay Area air Quality Management
District and complete their process as necessary before obtaining a building permit for
demolition from the Town Building Division. No demolition work shall be done without first
obtaining the required permit from the Town.
20. TITLE 24 ACCESSIBILITY -COMMERCIAL PARKING: On -site parking facility 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.
21. TITLE 24 ACCESSIBILITY - COMMERCIAL PATH OF TRAVEL AND BUILDING: 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 and
sidewalks. The building shall be upgraded to comply with the latest California Title 24
Accessibility Standards. Necessary work shall be first investigated by the design architect then
confirmed by the Town staff.
22. 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 Permits, in accordance with
UBC Section 106.3.5. Please obtain Town Special Inspection form from the Community
Development Service Counter. The Town Special Inspection schedule shall be blue -lined on the
Page 4 of 10
construction plans.
23. 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 "x36 ") is available at the Community Development Service
Counter.
24. 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(s) from the Town Building
Department after the Building Department has approved the building
permit.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
25. GRADING PERMIT. Agrading permit is required. A separate application for a grading permit
(with grading plans) will be made to the Parks and Public Works Department. The grading plans
will include final grading, drainage retaining wall location, driveway, utilities and interim
erosion control. Unless specifically allowed by the Director of Parks and Public Works, the
grading permit will be issued concurrently with the building permit.
26. SOILS REPORT. One copy of the soils and geologic report will be submitted with the grading
permit application. The soils report will include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. The reports will
be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of
the California Business and Professions Code.
27. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded for Assessor
Parcel Numbers 424 -27 -008 and 009. Two copies of the legal description for each new lot
configuration, a plot map (8 - % 2 in. X 11 in.) and two copies of the legal description of the land
to be exchanged shall be submitted to the Engineering Development Section of the Planning
Department for review and approval. The submittal shall include closure calculations, title
reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any
permits may be issued. Assessor Parcel Number 424 -27 -007 may remain as a separate parcel
provided that easements for ingress- egress, utilities, sewer and storm drainage are provided to
the parcel.
28. DEDICATIONS. The following will be dedicated by separate instrument. The dedication will
be recorded before any permits are issued.
Farley Road. A 30 -foot half - street right -of -way.
Page 5 of 10
2. Public Service Easement (PSE). Ten (10) feet wide, next to the right -of -way.
3. Ingress- egress, storm drainage and sanitary sewer easements, as required.
29. PUBLIC IMPROVEMENTS. The following improvements will be installed by the developer.
Plans for those improvements will be prepared by a California registered civil engineer, reviewed
and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor
& Materials Security before the issuance of a building permit. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new building can
be issued.
Farley Road. Curb, gutter, sidewalk, street lights, tie -in paving, signing,
striping, storm drainage and sanitary sewers, as required.
30. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless will be provided in a format acceptable to the Town Attorney before issuance of the
building permit.
31. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer will pay a
proportional share of the project's 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 application is made. The fee will 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 approximately $15,300.00. The final fee
will 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 light industrial use or as determined by
the Town Traffic Engineer. The developer shall also pay 25% of the cost of any improvements
that are approved for construction at the Daves Avenue /Winchester Blvd intersection, providing
the decision to install these improvements is made prior to final occupancy. The developer's
cost of these improvements shall not exceed $25,000.
(Public Works Division)
32. GENERAL. All public improvements will be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work will conform to the
applicable Town ordinances. The adjacent public right -of -way will be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris will 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 will 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.
33. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction
Encroachment Permit. All work more than $5,000 will require construction security.
34. PUBLIC WORKS INSPECTIONS. The developer or his representative will notify the
Engineering Inspector at least twenty -four (24) hours before starting an work pertaining to on-
Page 6 of 10
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.
35. GRADING INSPECTIONS. The soils engineer or her /his qualified representative will
continuously inspect all grading operations. The soils engineer will submit a final grading report
before occupancy /Certificate of Completion.
36. SURVEYING CONTROLS. Horizontal and vertical controls will be set and certified by a
licensed surveyor or a registered civil engineer qualified to practice land surveying, for the
following items:
1. Retaining wall - -top of wall elevations and locations
2. Toe and top of cut and fill slopes
37. EROSION CONTROL (COMMERCIAL). Interim and final erosion control plans will be
prepared and submitted to the Engineering Development Division of the Community
Development Department. 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.
38. NONPOINT SOURCE POLLUTION PREVENTION. On -site drainage systems will include
a filtration device in the catch basins or a grease and oil separator will be installed.
39. UTILITIES. The developer will 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 will be provided to all new homes.
40. RESTORATION OF PUBLIC IMPROVEMENTS. The developer will 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.
will be repaired and replaced to a condition equal to or better than the original condition.
Existing improvement to be repaired or replaced will be at the direction of the Engineering
Construction Inspector, and will comply with all Title 24 Disabled Access provisions. Developer
will request a walk- through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
41. SIDEWALK REPAIR. The developer will repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. Sidewalk repair shall match
existing color, texture and design, and shall be constructed per Town Standard Detail. The limits
of sidewalk repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
42. CURB AND GUTTER. The developer will repair and replace to existing Town standards any
curb and gutter damaged now or during construction of this project. New curb and gutter shall
be constructed per Town Standard Detail. The limits of curb and gutter repair will be determined
by the Engineering Construction Inspector during the construction phase of the project.
Page 7 of 10
43. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial
driveway approach. The new driveway approach shall be constructed per Town Standard Detail.
44. AS -BUILT PLANS. After completion of the construction of all work in the public right -of -way
or public easements, the original plans will have all changes (change orders and field changes)
clearly marked. The "as- built" plans will again be signed and "wet- stamped" by the civil
engineer who prepared the plans, attesting to the changes. The original "as- built" plans will be
reviewed and approved the Engineering Construction Inspector. A Mylar of the approved "as-
built" plans will be provided to the Town before the Faithful Performance Security is released.
45. 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.
(Parks Division)
46. FINAL LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture
and Site approval process.
47. NEW TREES. Newly planted and relocated trees shall be double - staked, using rubber tree ties
and shall be planted prior final occupancy.
48. GENERAL. All existing trees shown to remain on the plan are specific subjects of approval of
this plan and must remain on site.
49. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A review fee based on current resolution
shall be paid when the landscape, irrigation plans and water calculations are submitted for
review.
50. 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.
51. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation
system.
52. ARBORIST. All recommendations made by the developers Horticultural Consultant, Barrie
Coate, shall be followed to protect and save the trees that will remain on site.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
Page 8 of 10
53. REQUIRED FIRE FLOW. Required fire flow is 3,250 GPM at 20 psi. residual pressure for the
buildings equipped with an automatic fire sprinkler system. As an automatic fire sprinkler
system will be installed, the fire flow has been reduced by 50 percent establishing an adjusted
required fire flow of 1,750 gpm at 20 psi residual pressure.
54. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler system shall
be provided throughout the building and shall be hydraulically designed per National Fire
Protection Association (NFPA) Standard # 13. Prior to installation, a copy of the fire department
"approved" underground fire service drawings shall be provided to the San Jose Water Company
for record purposes.
55. FIRE HYDRANT(S). Applicant shall provide one private on -site fire hydrant installed per
NFPA Std. #24 at a location to be determined by the Fire Department. Maximum hydrant
spacing shall be 250 feet with a minimum acceptable flow of 1,500 GPM at 20 psi residual.
Prior to design, the project civil engineer shall meet with the fire department water supply officer
to jointly spot the required fire hydrant locations.
56. FIRE HYDRANT LOCATION IDENTIFIER. Prior to project final inspection, the general
contractor shall ensure that an approved ( "Blue Dot ") fire hydrant location identifier has been
placed in the roadway, as directed by the Fire Department.
57. HOSE VALVES /STANDPIPES. Three story buildings, or where emergency access has been
deemed minimal, shall be equipped with standpipes designed per NFPA Std. # 14 and shall be
equipped with 2 1 /2 inch hose valves, located within the stair enclosure(s).
58. FIRE LANE MARKING REQUIRED. Roadways deemed necessary to facilitate emergency
vehicle access, shall be identified in accordance with Fire Department Standard Details and
Specification A -6 and Local Government Standards.
59. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required fire
service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department prior to the
start of framing or delivery of bulls combustible materials. Building permit issuance may be
withheld until required installations are completed, tested, and accepted.
60. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be
obstructed in any manner and parking shall not be allowed along roadways less than 28 feet in
width. Parking may be permitted along one side of 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 curb face to curb face, with parking space based on an eight foot width.
61. KEY BOX. The building shall be equipped with a permanently installed emergency access key
lock box (Knox) conforming to Fire Department Standard and Specification Sheet K -1. At time
of final inspection, access keys shall be provided to the Fire Department.
62. PREMISE 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
Page 9 of 10
fronting the property. Numbers shall contrast with their background.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on June 18, 2001, and adopted by the following vote as an ordinance of the Town of Los Gatos
at a meeting of the Town Council on July 2, 2001, and takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski.
NAYS: None
ABSENT: Steven Blanton
ABSTAIN: None
SIGNED: � G�
YOR OF E OWN OF LOS GATOS
OS GATOS, CALIFORNIA
ATTEST: \
. G
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 10 of 10
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Application No. P D IQw I Change of zoning map
amending the Town Zoning Ordinance.
Zone Change from L M to - LM
❑ Prezoning to
A - n by Planning Commission date
Approved by Tor-tt,Co neil date moo/ rd. Ae 97
Town Clerkj t _ _ a r
v C_-U
The development plans
(identified as Exhibit B)
are on file with the
Town Clerk's Office