Ord 2266 - Amending the Code Effecting a Zone Change for a PD at 105 Newell AveORDINANCE 2266
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R -1:12 TO R- 1:12:PD
FOR PROPERTY LOCATED AT
105 NEWELL AVENUE (APN: 409 -24 -026)
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 on
property at 105 Newell Avenue (Santa Clara County Assessor Parcel Number 409 -24 -026) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from R -1:12
(Single - Family Residential, 12,000 square foot lot minimum) to R -1:12 (Single - Family
Residential 12,000 square foot lot minimum, Planned Development).
SECTION II
With respect to compliance with the California Environmental Quality Act ( "CEQA "), the
Town Council finds as follows:
A. An Initial Study and Mitigated Negative Declaration were completed for the
proposed development and no significant unmitigated impacts are associated with the
application. The Final Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program are adopted.
SECTION III
The PD (Planned Development Overlay) zone established by this Ordinance authorizes
the following construction and use of improvements:
1. Removal of existing site improvements.
2. Construction of four market rate single - family detached residences.
3. Landscaping, private street, parking and other improvements shown and required on
the Official Development Plans.
4. Uses permitted are those specified in the R -1:12 (Single Family Residential, 12,000
square foot lot minimum) zone by Sections 29.40.380 (Permitted Uses), as it exists at
the time of the adoption of this Ordinance, or as they may be amended in the future.
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SECTION IV
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS:
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION V
A Tentative Subdivision Map and Architecture and Site Approvals are required before
construction of subdivision improvements or new residences, 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 VI
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
party 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.
3. SUBDIVISION REQUIRED. A Tentative Subdivision Map application shall be approved for
the project prior to the issuance of building permits. The Development Review
Committee may be the deciding body of the tentative map.
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4. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A &S)
application and approval is required for each of the new residences. The Architecture
and Site applications shall be reviewed by the Development Review Committee.
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.
5. 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.
6. 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.
7. SETBACKS. The minimum setbacks are those specified by the R -1:12 zoning district or
as otherwise shown on the Conceptual Development Plans.
8. BUILDING HEIGHT. The maximum height of the new residences shall be 30 feet. The
maximum height for detached garages shall be 15 feet.
9. 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.
10. TREE PRESERVATION: All recommendations of the Town's Consulting Arborist shall be
followed. Refer to the report prepared by Deborah Ellis, dated February 19, 2015 for
additional details. The Arborist Consultant shall reevaluate the plans for the new
residences during Architecture and Site review.
11. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
12. 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.
13. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Refer to the report prepared by
Deborah Ellis dated February 19, 2015 for requirements. 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
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construction plans.
14. 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.
15. 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.
16. EXISTING RETAINING WALL. The existing retaining wall height along Winchester
Boulevard shall not increase should the wall need to be rebuilt.
17. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to
whichever is more restrictive.
18. SIDEWALKS. Sidewalks along Winchester Boulevard and Newell Avenue shall meet
minimum Town Code requirements.
19. GENERAL PROVISIONS. This Planned Development shall comply with provisions in Town
Code Sections 29.40.015 through 29.40.070, and Article V, unless more restrictive
provisions are required in other performance standards for the subject Planned
Development.
20. DEVELOPMENT OUTSIDE PROPERTY LINES: Development shall take place within
property lines unless written permission is obtained from neighboring property owners.
21. AIR QUALITY MITIGATION MEASURE AQ -1 *: BAAQMD- Recommend Basic Construction
Mitigation Measures. To limit the project's construction - related dust and criteria
pollutant emissions, the following the Bay Area Air Quality Management District
(BAAQMD)- recommended Basic Construction Mitigation Measures shall be included in
the project's grading plan, building plans, and contract specifications:
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. Recycled water
should be used wherever feasible.
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.
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d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. 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 five minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCRj). 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. The project contractor shall designate a "disturbance coordinator" responsible
for responding to any local complaints regarding dust complaints. The project
contractor will post a publicly visible sign with a contact telephone number for
the disturbance coordinator. The BAAQMD's phone number shall also be visible
to ensure compliance with applicable regulations.
CULTURAL RESOURCES MITIGATION MEASURE CUL -1 *: Discovery of Unknown Cultural
Resources. In the event that archaeological traces are encountered, all construction
within a 50 -meter radius of the find will be halted, the Community Development
Director will be notified, and an archaeologist will be retained to examine the find and
make appropriate recommendations.
If the Community Development 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 CEQA Guidelines Section 15064.5(e). If the
site is found to be a significant archaeological site, a mitigation program will be
prepared and submitted to the Community Development Director for consideration and
approval, in conformance with the protocol set forth in Public Resources Code Section
21083.2.
A final report shall 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.
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22. CULTURAL RESOURCES MITIGATION MEASURE CUL -2 *: Discovery of Human Remains. 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 shall attempt to identify descendants of the
deceased Native Americans.
23. GEOTECHNICAL MITIGATION MEASURE GEO -1 *: Geotechnical Investigation. For the
proposed roadway and each proposed residential unit, the project applicant(s) shall
consult with a registered geotechnical engineer to prepare a design -level geotechnical
investigation. The design -level geotechnical report shall address, but not be limited to,
site preparation and grading, building foundations, and CBC seismic design parameters.
A design -level geotechnical report shall be prepared and submitted in conjunction with
Building Permit application(s) and reviewed and approved by the Town of Los Gatos.
Recommendations from the design -level geotechnical report shall be incorporated into
the final project design and construction documents.
24. NOISE MITIGATION MEASURE NOI -1 *: Noise Attenuation Wall. Prior to the issuance of a
grading permit or improvements plans, the applicant shall demonstrate to the Director
of Community Development that a noise attenuation wall is shown on the final
landscape plans. The noise attenuation wall shall include the specifications:
• The noise attenuation wall shall be a minimum of six feet tall. The approximate
location of the recommended noise barriers is shown on Figure 3 of the noise
analysis report prepared for the project dated May 2, 2016.
• The noise attenuation wall shall be constructed of concrete masonry units (CMU),
solid concrete panels, or earthen berm. The noise barriers may include the
combination of earthen berm and CMU wall or concrete panels. Wood is not
recommended due to eventual warping and degradation of acoustical performance.
Other types of materials should be reviewed by an acoustical consultant prior to
use.
• Air conditioning shall be included in all residences to allow occupants to close doors
and windows as desired for acoustical isolation.
25. NOISE MITGATION MEASURE NOI -2 *: Construction Vibration. The construction
contractor shall prohibit the use of vibratory rollers within 30 feet of existing
residences. Plate compactors and smaller, rubber -tired equipment shall be utilized as
feasible. The Town of Los Gatos Building Division shall ensure that this requirement is
incorporated into construction documents prior to issuance of grading permits.
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26. NOISE MITGATION MEASURE NOI -3 *: Construction Specifications to Reduce Noise. The
project applicant and its successors shall ensure that the following practices are
incorporated into the construction specification documents to be implemented by the
project contractor:
• Provide enclosures and mufflers for stationary equipment, shrouding or shielding
for impact tools, and barriers around particularly noisy operations, such as grading
or use of concrete saws within 50 feet of an occupied sensitive land use.
• Use construction equipment with lower (less than 70 dB) noise emission ratings
whenever possible, particularly air compressors and generators.
• Do not use equipment on which sound - control devices provided by the
manufacturer have been altered to reduce noise control.
• Locate stationary equipment, material stockpiles, and vehicle staging areas as far as
practicable from sensitive receptors.
• Prohibit unnecessary idling of internal combustion engines.
• Implement noise attenuation measures to the extent feasible (i.e., such that they do
not impede efficient operation of equipment or dramatically slow production rates),
which may include, but are not limited to, noise barriers or noise blankets. The
placement of such attenuation measures shall be reviewed and approved by the Los
Gatos Building Division prior to issuance of development permit for construction
activities.
27. TRANSPORATION /TRAFFIC MITGATION MEASURE TRANS -1 *: Traffic Control Plan. The
project applicant shall work with the Engineering Division of the Town of Los Gatos's
Parks and Public Works Department to devise a traffic control plan for incorporation
into the construction bid documents (specifications) to ensure safe and efficient traffic
flow during periods when soil is hauled off the project site. The plan shall include, but
not be limited to, the following measures:
• Hauling and delivery activities and designated truck routes shall be strategically
selected, timed and coordinated to minimize traffic disruption to schools, residents,
businesses, special events, and other projects in the area. The schools located on
the haul route shall be contacted to help with the coordination of the trucking
operation to minimize traffic disruption.
• Flag persons shall be placed at locations as necessary. All flag persons shall have the
capability of communicating with each other to coordinate the operation.
• 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.
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• 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.).
28. TRANSPORATION /TRAFFIC MITIGATION MEASURE TRANS -2 *: Driveway Design. The
applicant shall hire a registered traffic engineer to ensure appropriate driveway design
for the new private access drive. A detailed sight distance evaluation for the project
roadway shall be prepared for review and approval by the Parks and Public Works
Department and the Community Development Director prior to approval of the Final
Subdivision Map.
Building Division
29. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing building and a Building Permit the construction of each new single - family
residence. A separate plan set is required for each lot. Separate Building Permits are
required for each lot's Site Retaining Walls. Separate permits are required for electrical,
mechanical, and plumbing work as necessary.
30. 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 of Approval will be addressed.
31. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum size
30" x 42 ".
32. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management District 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 Air Quality District's 1# Certificate, PG &E verification, and three (3) sets of site
plans showing 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.
33. STREET NAME & BUILDING ADDRESSES: Request the new street name or verify approval
of proposed street name and submit requests for new building addresses to the
Building Division prior to submitting for the Building Permit application process.
34. 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
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Engineer specializing in soils mechanics.
35. 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 and on -site retaining
wall locations and elevations have been prepared according to the 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
36. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with
adaptability features for single 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 future grab bars when needed.
b. All passage doors shall be at least 32- inches wide on the accessible floor.
c. Primary entrance shall be a 36 -inch wide door including a 5'x5' level landing, no
more than 1 -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.
37. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue - lined, i.e. directly printed, onto a plan sheet.
38. 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.
39. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905 or a gas appliance with no wood
burning components. Tree limbs shall be cut within 10 -feet of Chimney.
40. FIRE ZONE: The project requires a Class A Roof assembly.
41. 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
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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
42. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley
Nonpoint Source Pollution Control Program Sheet (24x36) 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 ARC Blue Print for a fee or online at
www.losgatosca.gov /building.
43. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Armer (408) 399 -5702
b. Engineering /Parks & Public Works Dept.: Mike Weisz (408) 354 -5236
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
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
44. 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 by the
Engineering Division of the Parks and Public Works Department. The owner, applicant,
and /or 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 owner, applicant, and/ or
developer's expense.
45. APPROVAL: This application shall be completed in accordance with all the conditions of
approvals listed below and in substantial compliance with the latest reviewed and
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approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer
46. 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. It is the responsibility of the owner /applicant /developer to obtain any
necessary encroachment permits from affected agencies and private parties, including
but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley
Water District, California Department of Transportation. Copies of any approvals or
permits must be submitted to the Town Engineering Department prior to releasing of
any permit.
47. FOR PLANTERS: The Applicant shall apply for an encroachment permit for the proposed
planters within the public sidewalk and /or public right -of -way. The Owner, Applicant
and /or Developer shall work with Parks and Public Works Department staff to arrive at
a mutually agreeable solution that addresses safety and aesthetic issues. If no solution
is reached, the vegetative screening requirement shall be waived. An indemnity
agreement for private improvements in the public right -of -way (indemnity agreement)
will be required if planters are proposed to be located on public land. A copy of the
recorded agreement shall be submitted to the Engineering Division of the Parks and
Public Works Department prior to the issuance of any permit.
48. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY (INDEMNITY AGREEMENT):
The property owner shall enter into an agreement with the Town for all existing and
proposed private improvements within the Town's right -of -way. The Owner shall be
solely responsible for maintaining the improvements in a good and safe condition at all
times and shall indemnify the Town of Los Gatos. The agreement must be completed
and accepted by the Director of Parks and Public Works, and subsequently recorded by
the Town Clerk at the Santa Clara County Office of the Clerk- Recorder, prior to the
issuance of any permits. Please note that this process may take approximately four (4)
weeks.
49. 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.
50. 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,
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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.
51. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction.
52. STREET /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.
53. 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.
54. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the
issuance of any permits or recordation of the Parcel / Final Map.
55. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to altered work is started. The Applicant Project Engineer
shall notify, in writing, the Town Engineer at least 72 hours in advance of all the
proposed changes. Any approved changes shall be incorporated into the final "as- built"
plans.
56. 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 Engineer for
review and approval.
57. GRADING PERMIT: Grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The
grading permit application (with grading plans and fees) 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). Prior to Engineering signing off and closing out on the issued
grading permit, the Owner /Applicant /Developer's soils engineer shall verify, with a
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stamped and signed letter, that the grading activities were completed per plans and per
the requirements as noted in the soils report. A separate building permit, issued by the
Building Department on E. Main Street is needed for grading within the building
footprint.
58. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after the rainy season, as defined by
Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15 -April 15), has ended.
59. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the Town Engineer: A drainage study of
the project including diversions, off -site areas that drain onto and /or through the
project, and justification of any diversions; a drainage study evidencing that proposed
drainage patterns will not overload existing storm drains; and detailed drainage studies
indicating how the project grading, in conjunction with the drainage conveyance
systems including applicable swales, channels, street flows, catch basins, storm drains,
and flood water retarding, will allow building pads to be safe from inundation from
rainfall runoff which may be expected from all storms up to and including the
theoretical 100 -year flood.
60. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps
for financing and conveyance purposes only) or prior to the issuance of any
grading /improvement permits, whichever comes first, 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, and c) provide recorded copy of any required easements to the Town.
61. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit /building permit.
62. 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:
Retaining wall top of wall elevations and locations
Toe and top of cut and fill slopes
63. 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.
64. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
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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.
65. GENERAL: The Owner, Applicant and /or Developer shall comply with all Town, County,
State and Federal laws and regulations applicable to this land division. No other
proposed development is included in this particular application of the Certificate of
Compliance. Issuance of a Certificate of Compliance will acknowledge the Town's
acceptance of the parcel as legally created in accordance with the Subdivision Map Act.
Any subsequent development will be required to demonstrate compliance with the
Town Development Standards and Codes.
66. CERTIFICATE OF COMPLIANCE: A Certificate of compliance shall be recorded. Two (2)
copies of the legal description for each lot configuration, a plat map (8 -% in. X 11 in.)
shall be submitted to the Engineering Division of the Parks and Public Works
Department for review and approval. The submittal shall include closure calculations,
title reports less than ninety (90) days old and the appropriate fee. The certificate shall
be recorded prior to the issuance of any permits.
67. PARCEL MAP: A parcel map shall be recorded. Two copies of the final / parcel map
shall be submitted to the Engineering Division of the Parks & Public Works Department
for review and approval. Submittal shall include closure calculations, title reports and
appropriate fees. The map shall be recorded before any permits for new construction
are issued.
68. WEST VALLEY SANITATION DISTRICT: 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.
69. PRIVATE UTILITIES - STREET: Prior to the recordation of a subdivision map the
applicant /subdivider 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, successors
or assigns."
70. RETAINING WALLS: The HOA shall be responsible for the maintenance of all site walls
proposed for the development.
71. DEDICATIONS: The following shall be dedicated on the parcel map. The map shall be
recorded before any permits are issues:
a. Ingress- egress, storm drainage and sanitary sewer easements, as required.
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b. Emergency Access Easement. Width various from the intersection of Newell Avenue
and Elks Place to the terminus of Elks Place.
72. DEMOLITION: The existing building shall be demolished prior to recordation of the
parcel map affected by this existing building
73. GEOLOGY AND SOILS MITIGATION MEASURE. A geotechnical investigation shall be
conducted for the project to determine the surface and sub - surface conditions at the
site and to determine the potential for surface fault rupture on the site. The
geotechnical study shall provide recommendations for site grading as well as the design
of foundations, retaining walls, concrete slab -on -grade construction, excavation,
drainage, on -site utility trenching and pavement sections. All recommendations of the
investigation shall be incorporated into project plans
74. SOILS REVIEW: Prior to issuance of any permit, the applicant's engineers shall prepare
and submit a design -level geotechnical /geological investigation for review and approval
by the Town. 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.
75. 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.
76. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town
prior to recordation of a map. The joint trench plans shall include street and /or site
lighting and associated photometrics. A letter shall be provided by PG &E stating that
public street light billing will by Rule LS2A, and that private lights shall be metered with
billing to the homeowners association. Pole numbers, assigned by PG &E, shall be clearly
delineated on the plans.
77. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
78. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered
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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 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. Newell Avenue. Curb, gutter, sidewalk, street lights, tie -in paving, signing, striping,
storm drainage and sanitary sewers, as required.
79. 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.
80. 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 Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable
television service. 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.
81. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the project soils engineer, and the type of foundation.
82. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, or hardscape are
allowed within the easement boundaries, and that maintenance access must be
provided. The Town will prepare the deed language and the Applicant's surveyor shall
prepare the legal description and plat. The Applicant shall pay any recordation costs
83. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany any proposed private easement. Access driveway shall
be within the recorded access easement. New private access easement shall be
recorded prior to issuance of building permit or realigned access driveway shall be
completed prior to issuance of building permit
84. 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.
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85. SIDEWALK REPAIR: The developer shall 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
Details. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
86. CURB AND GUTTER: The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and
gutter shall be constructed per Town Standard Details. The limits of curb and gutter
repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
87. CURB RAMPS: The developer shall construct 3 curb ramp(s) in compliance with ADA
Standards.
88. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Section 23.10.080,
26.10.065, 29.40.030.
89. FENCES: Fences between all adjacent parcels will need to be located on the property
lines /boundary lines. Any existing fences encroached into the neighbors will need to be
removed and replaced to the correct location of the boundary lines. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
90. AS -BUILT PLANS: After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as- built"
plans shall again be signed and "wet- stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as- built" plans shall be review and
approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-
built" 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.
91. TRAFFIC IMPROVEMENTS: To be determined by traffic engineer.
Frontage Improvement
Traffic signal improvements (upgrade to current standards as applicable)
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Update pedestrian cross walk push button to be ADA compliant at the
intersection of Winchester Blvd. and Newell Avenue.
Re- establish the street striping and painting on Newell Avenue cross walk and
centerline.
Others as applicable
92. CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be
submitted for review and approval by the Town Engineer prior to issuance of permit.
93. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay the project's share of
transportation improvements 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 is issued. The fee shall be paid before issuance of
a building permit. The traffic impact mitigation fee for this project using the current fee
schedule is $8,130.80 per lot. The final fee shall be calculated form the final plans using
the rate schedule in effect at the time the building permit is issued.
94. CONSTRUCTION STREET PARKING: No vehicle having a manufacture'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 to approval
from the Town Engineer.
95. 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, special events, and other
projects in the area. 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.
96. 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
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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. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand, and other loose debris.
97. 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.
98. 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.
99. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used
or reused. Sanitary Sewer Clean -out is required for each property at the property line
or location specify by the Town.
100. 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. The Town
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve as
defined in the Uniform Plumbing Code adopted by the Town and maintain such device
in a functional operation condition. Evidence of West Sanitation District's decision on
whether a backwater device is needed shall be provided prior to issuance of a building
permit.
101. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more which
are part of a larger common plan of development which disturbs less than 1 acre are
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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) on the
construction site and shall be made available to the Town of Los Gatos Engineering
and /or Building Department upon request.
102. BEST MANAGEMENT PRACTICES (BMP's): The applicant is responsible for ensuring that
all contractors are aware of all storm water quality measures and such measures are
implemented. 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 working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop orders.
103. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the Stormwater development runoff requirements. Every
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 site
design measures. Increases in runoff volume and flows shall be managed in accordance
with the development runoff requirements
104. SITE DESIGN MEASURES: All projects must incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated area.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
105. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department 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,
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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 greater forecast of rain within the 48 hours, by the National Weather Service or
whenever rain is imminent. The QSD or QSP must print and save records of the
precipitation forecast for the project location area from
(http: / /www.srh.noaa.gov /forecast) and must accompany monitoring reports and
sampling test data. A Rain gauge is required on site. The Town of Los Gatos Engineering
and Building Department will conduct periodic NPDES inspections of the site
throughout the recognized storm season to verify compliance with the Construction
General Permit and Stormwater ordinances and regulations.
106. 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.
107. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction
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Activities and New Development and Redevelopment, the ABAG Manual of Standards
for Erosion & Sediment Control Measures, the Town's grading and erosion control
ordinance and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
108. STORMWATER DISCHARGE: New buildings [such as food service facilities and /or multi-
family residential complexes or subdivisions] shall provide a covered or enclosed area
for dumpsters and recycling containers. The area shall be designed to prevent water
run -on to the area and runoff from the area. Areas around trash enclosures, recycling
areas, and /or food compactor enclosures shall not discharge directly to the storm drain
system. Any drains installed in or beneath dumpsters, compactors, and tallow bin areas
serving food service facilities shall be connected [to a grease removal device prior to
discharging] to the sanitary sewer. The applicant shall contact the local permitting
authority and /or sanitary district with jurisdiction for specific connection and discharge
requirements
109. 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 "NO DUMPING -
Flows to Bay' NPDES required 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. These include storm water reuse via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If
dry wells are to be used they shall be placed 10' minimum from adjacent property line
and /or right of way.
110. 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 Municipal Regional Stormwater NPDES Permit, Order
R2- 2009 -074. 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.
111. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner (s) or 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
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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.
112. 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.
113. 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 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.
114. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the project soils engineer, and the type of foundation.
115. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, or hardscape are
allowed within the easement boundaries, and that maintenance access must be
provided. The Town will prepare the deed language and the Applicant's surveyor shall
prepare the legal description and plat. The Applicant shall pay any recordation costs.
116. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
117. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an
agreement to construct public improvements in accordance with Town Code Section
24.40.020. The applicant shall supply suitable securities for all public improvements
that are part of the development in a form acceptable to the Town in the amount of
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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.
118. 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.
119. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the final map.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
120. FIRE APPARATUS (ENGINE) ACCESS ROAD REQUIRED: Provide access roadways with a
paved all weather surface, 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 %. For installation guide lines refer to Fire
Department Standard Details and Specifications sheet A -1. CFC Sec. 503 as adopted and
amended by LGTC.
121. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: Provide an approved
fire department engine roadway turnaround with a minimum radius of 36 feet outside
and 23 feet inside. Installations shall conform with Fire Department Standard Details
and Specification sheet A -1. Cul -De -Sac Diameters shall be no less than 72 feet. CVC Sec.
503 as adopted and amended by LGTC.
122. 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 1,500 GPM at
20 psi, residual. Fire hydrants shall be provided along required fire apparatus access
roads and adjacent public streets. CFC Sec. 507, and Appendix BB, Table BB105.1 and
Appendix C.
123. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be
installed in one- and two - family dwellings as follows: In all new one- and two - family
dwellings and in existing one- and two - family dwellings when additions are made that
increase the building area to more than 3,600 square feet. Exception: A one -time
addition to an existing building that does not total more than 1,000 square feet of
building area. NOTE: The owner(s), occupant(s) and any contractor(s) or
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subcontractor(s) are responsible for consulting with the water purveyor of record in
order to determine if any modification or upgrade of the existing water service is
required. NOTE: Covered porches, patios, balconies, and attic spaces may require fire
sprinkler coverage. A State of California licensed (C -16) Fire Protection Contractor shall
submit plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work. CRC Sec. 313.2 as
adopted and amended by LGTC.
124. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water -based
fire protection systems, and /or fire suppression water supply systems or storage
containers that may be physically connected in any manner to any appliance capable of
causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
the purveyor as having been met by the applicant(s). 2010 CVC Sec. 903.3.5 and Health
and Safety Code 13114.7.
125. GOUND LADDER ACCESS: Ground - ladder rescue from second and third floor rooms shall
be made possible for fire department operations. With the climbing angle of seventy
five degrees maintained, an approximate walkway width along either side of the
building shall be no less than seven feet clear. Landscaping shall not be allowed to
interfere with the required access. CVC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8
through 5.1.9.2.
126. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specifications SI -1.
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
127. FIRE LANE MARKING REQUIRED: Provide marking 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 -1.
128. TIMING OF INSTALLATION: When fire apparatus access roads or water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved
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alterative methods of protection are provide. Temporary street signs shall be installed
at each street intersection when construction of new roadways allows passage by
vehicles in accordance with Section 505.2 CVC Sec. 501.4.
129. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that
is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a
private road and the buildings cannot be viewed from the public way, a monument,
pole or other sign or means shall be sued to identify the structure. CVC Sec. 505.1.
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SECTION VII
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on the 7t" day of November 2017, and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 21s'
day of November 2017. This ordinance takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary of
the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption
by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant
to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marico Sayoc
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF THE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
DATE: (, I I
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: Q.114 f -
27 of 27
Ordinance 2266 November 21, 2017
MForwarded by Planning Commission Date:
Approved by Town Council Date: Ord:
Clerk Administrator: Mayor: EXMIT A
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