12 Staff Report - 15047 Los Gatos Boulevard
DATE: TO: FROM: COUNCIL AGENDA REPORT March 24, 2004 ORRYP. KORB, TOWN ATTORNEYGtL. :MEETING DATE: 4/5/04 ITEM NO. SUBJECT: DISCUSSION: 15047
LOS GATOS BOULEVARD A. Adopt resolution granting an appeal of a decision of the Planning. Commission denying a zone change request ofa planned development from CH to CH:PD to construct
an office building and Architecture and Site approval to demolish a single family residence. No significant environmental impacts have been identified as a result of this project and
a Negative Declaration is recommended. Planned Development Application: PD-04-2. Architecture and Site Application: S-04-5. Negative Declaration: ND-04-1. PropertyLocation: 15047 Los
Gatos Boulevard. APN: 424-07-087. Property Owner/Appellant: JOSCO Properties. Applicant: John Lien, Architect. B. Adopt ordinance amending the Zoning Ordinance effecting a zone change
from CH to CH:PD at 15047 Los Gatos Boulevard A. Adopt resolution confirming Council action on March 15, 2004 granting t];le appeal decision of . the Planning Commission concerning the
property located at 15047 Los Gatos Boulevard. B. l. 2. Adopt ordinance introduced at the Council meeting ofMarch 15, 2004 Instruct the Clerk to either: (a) publish the ordinance within
15 days after adoption, or . (b) publish a summary no more than 15 days after adoption (ifsummary published before adoption). Attachment: 1. Resolution 2. Ordinance Distribution: Joan
010ff, dba Josco Properties, 105 Sund Ave., Los Gatos, CA 95030 Brad Krouscup, Toeniskoetter & Breeding, Inc., 1960 The Alameda, #20, San Jose, CA 95126 John Lien, 196 College Avenue,
Los Gatos, CA 95030 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMBIwp (N:\ATY\LGBlvd.TCR.wpd] own anager Finance Rey: 3/24/04 J J . J3 am Reformatted: 7/19/99 er Fi1e# 301-05
RESOLUTION RESOLUTION GRANTING AN APPEAL OF THE PLANNING COMMISSION DENYING A ZONE CHANGE REQUEST OF A PLANNED DEVELOPMENT FROM CH TO CH:PD TO CONSTRUCT AN OFFICE BUILDING AND ARCHITECTURE
AND SITEAPPROVAL TO DEMOLISH A SINGLE FAMILY RESIDENCE PLANNED DEVELOPMENT APPLICATION: PD-04-2 ARCHITECTURE AND SITE APPLICATION: S-04-5 NEGATIVE DECLARATION: ND-04-1 PROPERTY LOCATION:
15047 LOS GATOS BOULEVARD ASSESSOR'S PARCEL NUMBER: 424-07-087 APPLICANT: JOHN LIEN, ARCHITECT PROPERTY OWNER I APPELLANT: JOSCO PROPERTIES WHEREAS: A. This matter came before Council
for public hearing on March 15,2004, on an appeal by' JOSCO Properties, property from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law. B. Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Council
considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated
March 10, 2004 and Desk Item Report dated March 15,2004 along with subsequent reports and materials prepared concerningthis application. C. 'The applicant seeks Architecture and Site
and Planned Development approval to demolish a single family residence and to construct a two-story medical office building with on-site parking and an underground garage at 15047 Los
Gatos Boulevard. The property is a .92 acre parcel located along the west side ofLos Gatos BOUlevard, between Bennett Way and Noddin Avenue. ' D. The Planning Commission considered this
matter on January 28, 2004. The full Commission was not present at the meeting and lacked a majority sufficient to take action on a substantive Page 1 of 3
amendment tothe Zoning ordinance. The Commission, therefore, voted to deny the Architecture and Site application and to recommend denial ofthe Planned Development application in order
to allow the project to proceed to Council for its review. E. Appellant claims that the Planning Commission decision because he believes that the Commission did not have the discretion
to deny the applications. F. Council fmds as follows: 1. Pursuant to Town Code section 29.20.300, the applications present an issue or policy over which the Commission did not have discretion
to modify or address, but which is vested in the Town Council for modification or decision; to wit, the applications rais.e concerns over the interpretation ofpolicy regarding the appropriate
mix ofland uses in the ''North area ofLos Gatos Boulevard, specifically, whether medical office use is appropriate·without ground floor retail uses, as was proposed bythe
appellant, or whether some ground floor retail as is necessary as contemplated in the the existing Draft North 40 Specific Plan. In the context ofthese applications, Council finds that
ground floor retail uses are not required. 2. Pursuant to Town Code section 29.1O.09030(e), the considerations for approval for the demolition of a single family residence have been
made. 3. Pursuant to the Town's In-fill Policy and Traffic Impact Policy, the proposed project will contribute to the further development ofthe North Forty area and will eliminate the
blight associated with this currently underdeveloped area. The project will blend with the evolving character of the surrounding area and will help retain and promote important medical
services in the Town. 4. Pursuant to the Town's General Plan, the proposed Zone Change is consistent with the Plan and its elements. Page 2 of 3
RESOLVED: The appeal ofthe decision ofthe Commission on Architecture and Site Application S-04-5 is granted. The decision constitutes a final administrative decision
pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must
be sought within the time limits and pursuant to the procedures establishedbyCode ofCivil ProcedureSection 1094.6, or such shorter time as required by state or federal law. FURTHER RESOLVED:
Notwithstanding the Planning Commission decision to denial, Planned Development Application PD-04-2 is approved, as demonstratedby the action concurrent herewith adopting
an ordinance amending the Zoning Ordinance. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofLos Gatos, California, on the COUNCIL MEMBERS: AYES: NAYS: ABSENT:
ABSTAIN: ATTEST: day of SIGNED: , 2004 by the following vote. MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK. OF THE TOWN OFLOS GATOS LOS GATOS, CALIFORNIA N:\ATY\LGBlvd.RES.wpd
Page 3 of 3
I", I , :...... ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM CH TO CH:PD AT 15047 LOS GATOS BOULEVARD THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code ofthe Town ofLos Gatos is hereby amended to change the zoning at 15047 Los Gatos Boulevard as shown on the map
which is attached hereto marked Exhibit A and is part ofthis Ordinance from CH (Restricted Commercial Highway) to CH:PD (Restricted Commercial Highway:Planned Development). SECTION II
The amended PD (planned Development Overlay) zone established by this Ordinance authorizes the following construction and use ofimprovements: 1. Demolition ofthe existing single-family
home. 1 2. Construction of a medical office building with a gross building area up to 20,000 square feet. 3. Landscaping, parking, and other site improvements shown and required on the
Official Development Plan (Exhibit B); 4. Uses permitted are medical, dental, administrative and professional office uses with retail/restaurant on the ground floor and, subject to Section
29.80.085, those uses specified in the underlying CH (Restricted Highway Commercial) zone by Sections 29.70.220 (permittedUses) and29.20.185 (Table ofConditional Uses) ofthe Zoning1
•
Ordinance, as those sections exist at the tinie ofthe adoption ofthis 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.
5. The medical office portion of the building is limited to a maximum of twelve doctors. 6. Retail and/or restaurant uses are permitted on the ground floor that fronts on to Los Gatos
Boulevard. This condition supercedes the floor plans of the Official Development Plan. 7. A separate Architecture and Site application is required for the building. 8. The area indicated
as storage on the plans shall not be used for habitable space. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official
Development Plan specifically shows otherwise. SECTIONN Architecture and Site Approval is required before any construction work for the project 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 issued in a manner complying with Section 29.80.130 ofthe Zoning Ordinance.
2
SECTION V The attached Exhibit A (Map) and Exhibit B (development plans received by the Town of Los Gatos on Jaimary 8, 2004, 9 sheets), incorporated herein bythis reference, are part
ofthe Official DevelopmentPlan. The following mustbe compliedwithbefore issuance ofany grading, demolition or construction permits, unless otherwise stated: TO THE SATISFACTION OF THE
DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division I\ " 1. 2. 3. 4. 5. 6. ARCIDTECTUREAND SITEAPPROVALREQUIRED. A separate Architecture and Site Application
and approval shall be required for the medical/office building, parking areas and landscape improvements. This application may be approved by the Town's Development Review Committee
with review by the Consulting Architect. OFFICIAL DEVELOPMENT :PLANS. Official Development Plans provided is conceptual in nature. Final footprints and building designs shall
be determined during the architecture and site approval process. BUILDING SIZE. The size of the retail/office building shall be up to 20,000 gross floor area. COMMUNITY BENEFIT. The
applicant shall enter into an agreement with the Town for provision of the community benefits being offered with the project. The agreement shall include details on the timing and implementation
ofeach item and shall be approved by the Town Attorney and the Director of Community Development prior to issuance of any building permits for the project. LANDSCAPEPLAN. The final landscape
plan shall be reviewedbythe Consulting Arborist as part of the. Architecture & Site approval process. All Tree Protection measures recommended by the Consulting Arborist shall be followed.
":*CULTURALRESOURCES MITIGATION MEASURE 4.8-1. !fit is demonstrated that· there are intact deposits ofsignificant archaeological materials, a plan for the mitigation of impacts to these
resources shall be submitted to the Planning Division for approval prior to resumption of construction activities in the area of identified deposits. If cultural or archaeological resource's
are uncovered during construction, all work must be halted within a 50-foot radius of the find, the Community Development Director shall be notified, and a qualified archaeologist must
be retained to examine the find, determine its significance and make appropriate recommendations. Project personnel shall not alter the materials or their context or collect cultural
resources. The cost ofthe Townretaining a qualified archaeologist shall be paid for by the property owner/developer. Ifhuman remains are discovered, the Los Gatos Police Department and
Santa Clara County Coroner shall immediately be notified. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are
not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify3
descendants of the deceased Native Americail. 7. TREEREMOVALPERMIT. A Tree Removal Permit shall be obtained prior to the issuance ofa Building, Grading or Encroachment Pehnit. 8. RECYCLING.
All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company that will recycle the materials. Receipts from the company(s) accepting
these materials, noting type and weight ofmaterial, shall be submitted to the Town prior to the Town's demolition inspection. 9. PARKING. The minimum parking spaces required for the
project is 75. Up to 3 parking spaces may be removed to accommodate the future ingress/egress easement. Any changes to the parking layout shall be fIrst approved by the Directors of
Community Development and Parks & Public Works. 10. ARCHITECTURAL DETAILS. The applicant shall work with Planning staff and the Consulting Architect to refIne the plans through the Architecture
& Site review process. 11. STORAGE AREA: The applicant shall fIle a deed restriction stating the area designated as storage remain non-habitable space and unoccupied by a tenant. 12.
**BIOLOGICALRESOURCES MITIGATIONMEASURE: The project applicant shall be required to implement the 22 recommendations made in the Arbor Resources Report dated August 23, 2003 13. **CULTURALREsouRcES
MITIGATIONMEASURE In the event that archaeological traces are encountered, all construction within a 50-meter radius ofthe fInd will be halted, the CommunityDevelopment Director will
be notifIed, arid ail archaeologist will be retained to examine the fmd and make appropriate recommendations. 14. **CULTURALRESOURCESMITIGATIONMEASURElfhumailremains are discovered,
the Santa Clara CountyCoroner shallbe notifIed. The Coroner will deterniine whether ornot the remains are Native American. Ifthe Coroner determines that the remains are not subject to
his authority, he 'will notify the Native American Heritage Coinmissioll, Who will attempt to identify descendants ofthe deceased Native Americans. 15. **CULTURAL RESOURCES MITIGATIONMEASURE
A final report shall be prepared when a fmd is determined to be a signifICailt archaeological site, and/or when Native American remains are found on the site. The fInal report will include
background information 0 the completed work, a description and list of identified resources, the disposition and curation ofthese resources, any testing, other recovered infonnation,
and conclusions. Building Division 16 PERMITS REQUIRED. A buildingpermit application shall be required for each proposed strUcture. Separate Electrical/MechanjcallPlumbing permit shall
be required as necessary. 17. CONSTRUCTIONPLANS. The Conditions ofApproval shall be stated in fun on the cover sheet ofthe construction plan submitted for building pennit. 18. SIZE OF
PLANS. The maximum size ofcOIlstruction plans submitted for building permits shall be 24 inches by 36 inches. 19. PLANS. The construction plans for this project shall be prepared under
direct supervision of a licensed architect or engineer (Business and Professionals Professionals Code Section 5538). 4
.... "'".. 20. DEMOLITIONREQUIREMENTS. Contact the BayAreaAir QualityManagement District at (415) 771-6000 and complete their process as necessary before
obtaining a demolition permit from the Town Building Department. As part ofthe permit application process a site plan shall be provided that includes all existing structures and existing
utility lines such as water, sewer, and P.G.&E. No demolition work shall be done without first obtaining a demolition permit from the ToWIi. 21. SOILS REPORT. Two copies of a soils report,
prepared to the satisfaction ofthe Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report
shall be prepared by a licensed civil engineer specializing in soils mechanics. 22. 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 certifiedbya licensed
surveyororregistered civil engineer for the following items: a: Pad elevation b. Finish floor elevation c. Foundation comer locations 23. TITLE 24 ENERGY COMPLIANCE. California Title
24 Energy Compliance forms CRIR and MF-IR shall be printed on the construction plans. 24. TITLE 24 ACCESSIBILITY -COMMERCIAL-I. On-site parking facilities shall comply with the latest
California Title 24 Accessibility Standards. Accessibility parking shall be provided for in both covered and uncovered parking areas. 25. TITLE 24 ACCESSIBILITY -COMMERCIAL-2. On-site
general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but shall not be limited to, accessibility to building entrances
from parking and sidewalks. 26. TITLE 24 ACCESSIBILITY -COMMERCIAL-3. The buildings shall comply with the latest California Title 24 Accessibility Standards. Necessarywork shall be first
investigated by the design architect then confirmed by Town staff. 27. SPECIALINSPECTIONS. When a special inspection is required byUBC 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 ofany building permits, in accordance with UBC Section 106.3.5. Please
obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be printed on the construction plans. 28. NON-POINT SOURCE
POLLUTION STANDARDS. The Town standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part ofplan submittal. The specification sheet is available
at the Building Division service coUnter. 29. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agency approvals before issuance of a building permit: a. West
Valley Sanitation District 378-2407 b. Santa Clara County Fire Department: 378-4010 c. Campbell Union High School District: 371-0960 5
Note: Obtain the school district forms from the Town Building, Department, after the Building Department has approved the buildingplans. TO TilE SATISFACTION OF THE DIRECTOR OF PARKS
AND PUBLIC WORKS: (Engineering Division) 30. 31. 32. 33. ' 34. 35. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading pennit application (with grading
plans) shallbe made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenlie. The grading plans shall include final grading, drainage, retaining
wall location, driveway, utilities and interim erosion control. Grading pians shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically
by the Director o:fParksand Public Works, the grading permit will be isslJed concurrentlywith the building permit. The grading permit is for work outside the building footprint(s).
A separate building pennit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. AGENCY APPROVALS. Letters from SJW, WYSD,andjoint
trench occupants in the Los Gatos Boulevard planting strip indicating plan review and approval shill be provided prior to issuance ofany permit. PUBLIC IMPROVEMENTS. The following improvements
shall be installed by the developer. Plans for those improvements shall,be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract,
Faithful Perfonnance Security and Labor & Materials Security before the. issuance of a building permit or the recordation ofa map. The improvenientsmust be completed (llld accepted by
the Town before a Certificate ofOccupancy for any new building can.be issued. a. Los Gatos Blvd. Curb and gutter, tie-in paving, sigmng,stripirig, stonn drainage, sanitary sewers, decorative
pavillg,hllldscaping and irriga.tiOl1 as :required. Remove the existing driveway apron and replace curb and gutter at existing curb cut. MAINTENANCE AGREEMENT. The applicant shall enter
an agreement with the Town for maintenance of all (pavingand landscape) within the Burton and Los Gatos Boulevard right-of-ways prior to issuance of
any pennit. **TRAFFIC MITIGATION. A two-way left-turn lane shall be installed on Los Gatos Boulevard to not only serve as a refuge lane, but also to provide for .vehicles
waiting to, turn left into the project driveway. The two-wayleft-tum lane also would benefit vehicles turning left to or from the east side oflos Boulevard across the street
from the project site. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication shall be recorded before any pennits are issued. a. Los Gatos Blvd. A public
access easement encompassing the sidewaJk located outside of the public right of way shall be, granted. A Town standard indemnity agreement shall also be required. The sidewalk and street
trees will be privately maintained. b. Ingress-egress easement. A 25 foot wide ingress-egress easement, located between the eight foot wide planting strip and the back ofJ;lublic access
easements shall be provided over the front drive aisle to continue the "frontage road". Future work may6
/'" "'\ i I 36. 37. 38. 39.. 40. 41. 42. 43. be required to accommodate this easement. FUTUREEASEMENTDEDICATION. The applicant shall record an agreement to dedicate a public
access easement along the south drive aisle /automobile ramp and a public utility easement when and ifneeded to allow future access and utility connections to the North 40 . property.
This agreement shall be recorded prior to issuance of any permit. RETAINING WALLS. Abuilding permit, issuedbythe Building Department at 110 E. Main Street, is required for all site retaining
walls. Walls are not reviewed, approved, or inspected by the Engineering Division of Parks and Public Works during grading permit review process. SOILS REPORT. One copy of the soils
report sha1l be submitted with the.grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining
wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 ofthe California Business and Professions
Code. SOILS REVIEW. Prior to issuance ofany permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining
walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to
the Town either by letter or by signing the plans. 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, i{necessary. The results ofthe 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. ' CERTIFICATE OF LOT LINEADmSTMENT. A Certificate ofLot Line Adjustment
shall be recorded. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a proportional to the project's share oftransportation improvement needed to serve cumulative development
within the Town ofLos Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit applications is made. The fee shall be paid before
the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $85,200. The final fee shall be calculated
from the fmal plans using the rate schedule in effect at the time ofthe building permit application, using a trip generation rate based on medical office use. LARK/LOS GATOS TRAFFIC
MITIGATION. The applicant shall contribute his fair share (proportional to the project impact) of the following intersection improvements at the Lark/Los Gatos Boulevard intersection:
(1) The eastbound Lark Avenue approach shall be changed to provide three eastbound left-tum lanes (two exclusive left-tum lanes and one shared left-through); and (2) the westbound receiving
(departure) lanes onLark Avenue shall be re-striped to facilitate the merging ofthe left-turning vehicles (from the two northbound lanes) and the southbound right turning vehicles. 7
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 ofalljob related dirt and debris at the end ofthe day. Dirt and debris shall not bewashed into stOrnl drainage facilities.
The s,toring ofgoods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. ;The developeris 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. 45. ENCROACHMENT PERMIT. Allwork in the public right-of-way will require a ConstructionEncroachmentPermit. All work over$5,000 will require CC)llstruction security. 46. PUBLIC
WQRICS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to on-site drainage
facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result inrejection ow work that went on without inspection. 47. SlJI{VEYING CONTROLS. �
� and vertical controls shall be setand certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: c, Retaining wall--top
ofwall.elevations arid locations d; Toe and top ofcut and fill slopes 48. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering
Division of the Parks & Public Works Department. A maximum ortwo weeks is allowed between Clearing ofan area and stabilizinglbuilding on an area ifgrading is ailowed during therairiy
s,easoll. Interini erosion control measures, to be carried out during construction and before installationof'the. final landscaping. shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets,ToWn standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream waterquality during wintermonths. The grading, drainage, and erosion control plans shall be .in
compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order 01-024 ofthe amended Santa Clara CountyNPDES Permit. 49. SITE-DRAINAGE. Rainwater leaders
shall be discharged to splash blocks and bio-swales. Direct storin drain connections will be allowed if a mechanical filter device such as a storm septor is constructed at each system
outfall. 50. HYDROLOGY. The storm pipe and pump station shall be designed to convey the 10-year storm (without surcharge) based on Santa Clara County calculation methods. The applicant
shall provide the existing storm drainage system within Los Gatos Boulevard has adequate capacity to convey project runoff. In the event that sufficient capacity
is not available, the applicaIit shall either upgrade the existing facilities to provide the necessary capacity, or provide on-site detention such that project discharges do not cause
offsite flooding. 51. EMERGENCYBACKUPPOWERSOURCE. An emergencybackup power
source shall be provided for both the storm drainage and sanitary sewer pump stations. 8
52. FYTURE GRAVITY CONNECTIONS. Gravity stonn drainage and sanitary sewer lines shall be stubbed to the western property line for potential future connection to North 40 utility systems.
, 53. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility ofcontractor 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 SHALLNOT be washed into the Town's stonn drains. 54. UTILITIES. The developer shall install all utility services, including telephone,
electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall
be provided for cable television service. 55. RESTORATIONOFP,UBLICIMPROVEMENTS. Thedevelopershallrepairorreplaceall 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, thennoplastic
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 ofthe 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 startof construction to verify existing conditions. 56. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged
now or during constructiOIi ofthis project. New curb and gutter shall be constructed per Town Standard Details. The limits ofcurb and gutter repair will be determined by the Engineering
Construction Inspector during the construction phase ofthe project. -57. DRIVEWAY APPROACH. The developer shall install I Town standard commercial driveway approach. The new driveway
approach shall be constructed per Town Standard Details. 58. AS-BUILT PLANS. After completion of the constructionof all work, the original plans shall have all changes (change orders
and field changes) clearlymarked. The"as-built" plans shall again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The �
� plans shall be review and approved the Engineering Inspector. A Mylar and AutoCADdisk ofthe approved "as-built" plans shall be provided to the Town before the Faithful Perfonnance
Security or Occupancy Pennit is released. The AutoCAD file shall include only the following infonnation and shall confonn 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 files must be be on the same coordinate basis as the Town's survey control network and shall be' submitted
in AutoCAD version 2000 or higher. ' 59. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town ofLos Gatos before
they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 9
60. CONSTRUCTIONNOISE. Betweenthe hours of8:00 a.m. to 8:00p.m., weekqays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration orrepair activities shall be allowed.
No individual piece ofequipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. Ifthe device is 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
(85) dBA. 61. ASSESSMENTDISTRICT. The applicant and/or successorpropertyowners shall participate in a future assessment district when and if formed to mitigate
''North Forty" infrastructure impacts. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 62. REQUIRED FIRE FLOW. Reqllired fire flow is 3,750 GPM at 20 psL residual pressure.
63. AUTOMATIC FIRE SPRINKLER SYSTEM. Buildings requiiiiig a fire, flow in excess of 2,000 GPM shall be equipped with an approved autom'jitic fire spriplrler system, hydraulically designed
per Nati<?nal Fire Protection Association (NFPA) Standards #13. 64. FIRE HYDRANT LOCATION IDENTIFIER: Prior to final inspection, a "blue" dot shall be placed in the roadway near each
fire hy,drant, as directed-by the Fire.:Oepartment. 65. FIRE HYDRANT REQUIRED. Provide 1 off-site fire hydrant on Los Gatos BOlllevard and 1 on-site fire hydrant installed per NPFA std
#24, at location to be by the Fire Department. Maximum hydrant spacing shall be 250 feet, with a minimUTIlacceptable flow of 1,000gpm at 20 psi residual pressure.
The should consult with theSa,n Jose Water Company at their earliest opportunity. 66. TIMINGOFREQUIRED INSTALLATIONS" Therequired fire services, fire hYdrants shall
be tested and accepted. by the Fire Department prior to the start of framing. Bulk construction materials shall not be delivered to the site until the hydrants and roacl,\yay have been
accepted. accepted. Clearance for building permits' will not be given until such time as this reqllirement is addressed by the developer, to the satis,faction ofthe Fire Department.
67. FIREAPPARATUS ACCESSROADSREQ1JIRED. Provide access roadways with a paved weather surface, a minimum unobstructe,d width of20 feet, vertical clearance of 13 feet 6 inches, minimum
circulating turning radius of 36 feet outside and 23 feet jnside, and a maximum slope of15%. Installations shall conform with Fire Department Standard Details ans Specifications sheet
A-I. . 68. ON-SITE PRIVATE FIRE SERVICE MAINSIHYDRANTS. Installation of private fire service mains and/or fire hydrants shall conform to NFPA standard #24 and Fire Department Standard
Details and SpecificationW-2. Ifthe supplypiping is"combined" (sprinkler system and hydrants) a U.Lapproved 4-way FDC shall be provided. A permit
from the fire department is required. 10
SECTION VI This Ordinance was introduced at a regular meeting ofthe Town Council ofthe Town ofLos Gatos on ,2004, and adopted by the following vote as an ordinance ofthe Town ofLos Gatos
at a meeting ofthe Town Council ofthe Town ofLos Gatos on takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: \ ABSTAIN: SIGNED: ,2004 and ('--I ': \J MAYOR
OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IATYlLGBlvciORD.wpd 11
" \ J "--../' The map and development plans (ide.ntified as Exhibits A and B) are on file with the Town Clerk's office 12