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03 Staff Report - 15200 Los Gatos Blvd.SOW N Op +r G COUNCIL AGENDA REPORT ~g ASO DATE: AUGUST 16, 2006 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEYQ MEETING DATE: 08-20-2007 AGENDA ITEM: SUBJECT: ADOPT ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH TO CH:PD FOR PROPERTY LOCATED AT 15200 LOS GATOS BLVD. RECOMMENDATION: Adopt ordinance amending the Town Code effecting a zone change from CH to CH:PD for property located at 15200 Los Gatos Blvd. DISCUSSION: On August 6, 2007, Council voted to adopt an ordinance amending the Town Code to effect a zone change from CH to CH:PD for property located at 15200 Los Gatos Blvd. This ordinance allows for a planned development to construct a new commercial building on that property. Adoption of the ordinance completes Council's action on this matter. The ordinance amending the Town Code becomes effective 30 days after adoption. Attachments: Proposed Ordinance PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMa/wp [NAATY\Reports\Report Ord (52(H) LC a1va.Wpa] Reviewed by: ~ Town Manager _ Assistant Town Manager Clerk Finance Community Development Rev: 8/16/07 11:12 am Reformatted: 7/19/99 File# 301-05 ,tea ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM CH TO CH:PD FOR PROPERTY LOCATED AT 15200 LOS GATOS BOULEVARD 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 15200 Los Gatos Boulevard (Santa Clara County Assessor Parcel Numbers 424-17-038. & 041) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted Highway Commercial) to CH:PD (Restricted Highway Commercial, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Construction of a 9,207 square foot commercial building, inclusive of a 4,000 square foot, 99 seat restaurant and 5,207 square feet of retail. 2. Landscaping and other improvements shown and required on the Official Development Plan. 3. Uses permitted are those specified in the CH (Restricted Highway Commercial) zone by Sections 29.60.420 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they maybe amended in the future. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by a Conditional Use Permit SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. Page 1 of 16 SECTION IV A certificate of lot merger and Architecture and Site Approval are required before construction work for the dwelling units is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the Official Development Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site application and approval is required for the commercial building. The Planning Commission shall be the deciding body for the Architecture and Site application. 2. CONDITIONAL USE PERMIT. A Conditional Use Permit (CUP) application and approval is required for the restaurant prior to issuance of a building permit for tenant improvements for the restaurant space. The maximum number of seats shall be 99. 3. 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. The colors and building materials shown on the Official Development Plan are not approved and shall be reviewed through the Architectural and Site approval process. 4. NORTHERLY ACCESS/RESTAURANT SEATING REDUCTION. Should access to the northerly driveway on the adjoining Office Depot site be terminated, the property owner shall immediately implement the Alternate Master Plan shown on sheet A9 of the development plans and reduce the number of restaurant seats as required by the Town Code given available parking. A deed restriction documenting this requirement shall be recorded prior to issuance of a building permit. Page 2 of 16 5. FENCING. The final design of the wall along the rear property line shall be reviewed and approved during the Architecture and Site process. 6. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's Consulting Arborist and approved as part of the Architecture and Site process. All trees recommended for preservation by the Town's Consulting Arborist shall be saved. Additional trees shall be incorporated into the planter area on the west side of the building, north of the trellis. 7. SETBACKS. The minimum setbacks are those specified by the CH zoning district or as otherwise shown on the Conceptual Development Plans. 8. PEDESTRIAN ACCESS. A minimum of five feet shall be provided between the building and the parking lot to facilitate pedestrian safety and access. 9. HEIGHT. The maximum height of the building shall be 20-22 feet for the main ridges and 24 feet for the corner element. The height may be increased by up to six inches if needed for technical design reasons as may be determined during the Architecture & Site process, and if recommended by the Director of Community Development. 10. WINDOWS & DOORS. All windows facing Los Gatos Boulevard shall be functional display windows. All businesses with tenant space fronting Los Gatos Boulevard shall have functional and operational pedestrian doors with the exception of financial institutions. 11. 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. Photometrics and lighting specifications shall be reviewed as part of the Architecture and Site process. 12. "BIOLOGICAL RESOURCES MITIGATION MEASURE. The recommendations made by Arbor Resources shall be implemented to eliminate or minimize the construction-related impacts on the trees to be retained. Recommendations are listed under Section 5.0 of the June 23, 2006 arborist report. 13. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of any permits. 14. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being removed. The number and size shall be determined using the canopy replacement table in the Tree Protection Ordinance. Page 3 of 16 15. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. 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 construction plans. 16. **CULTURAL RESOURCES MITGATION MEASURE-1. In the event that archaeological traces are encountered, all construction within a 50-meter radius of the find shall be halted, the Community Development Director shall be notified, and an archaeologist shall be retained to examine the find and make appropriate recommendations. 17. **CULTURAL RESOURCES MITGATION MEASURE-2. If human remains are discovered, the Santa Clara County Coroner shall be notified. The Coroner shall determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission, who will attempt to identify descendants of the deceased Native Americans. 18. **CULTURAL RESOURCES MITGATION MEASURE-3. 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 shall 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 shall 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. 19. **CULTURAL RESOURCES MITGATION MEASURE-4. 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 shall 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. Page 4 of 16 20. 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 of the Director of Community Development prior to issuance of building permits for the office building shell. 21. SIGNS. The monument sign and any building signs shall be approved through a sign program. The sign program details shall be proposed by the applicant and approved by the Director of Community Development prior to issuance of any sign permits. Building Division 22. PERMITS REQUIRED: A building permit shall be required for the construction of the new commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 23. CONDITIONS OF APPROVAL: The Conditions of Approval must be printed 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. 24. SIZE OF PLANS. The maximum size of construction plans (four sets) submitted for building permits shall be 24 inches by 36 inches. 25. BUILDING NUMBERS. Submit requests for suite numbers to the Building Division prior to submitting for the building permit application process. 26. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official, containing retaining wall and pad foundation design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. ALTERNATE: Design the foundation for an allowable soils 1,000 psf design pressure (Uniform Building Code Volume 2-Section 1805). Page 5 of 16 27. 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, the on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pas elevation b. Finish floor elevation c. Foundation corner locations 28. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be printed on the construction plans. 29. TITLE 24 - COMMERCIAL. The building shall be constructed to comply with the latest California Title 24 Accessibility Standards. 30. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled out, signed by all requested parties and be blue- lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at wwww.losgatosca.gov. 31. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program 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 San Jose Blue Print. 32. RESTAURANT USE: Proper size grease trap shall be required for any proposed restaurant use. The following agencies will review the grease trap requirements before issuance of the building permit: a. West Valley Sanitation District: (408) 378-2407 b. Environmental Health Department: (408) 885-4200 C. Town Public Works Department: (408) 399-7530 33. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538). Page 6 of 16 34. APPROVALS REQUIRED: The project requires the following agencies approval before issuing a building permit: a. Community Development: Suzanne Davis at 354-6875 b. Engineering Department: Fletcher Parsons at 395-3460 C. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: contact the Town Building Service Counter for the appropriate school district and to obtain the school form) TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 35. *GEOLOGY AND SOILS MITIGATION MEASURE. A geotechnical investigation shall be conducted for the proposed building to determine the potential for fault rupture at the site and 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. The project shall incorporate all recommendations of the investigation in order to minimize the potential impacts resulting from regional seismic activity and subsurface soil conditions on the site. 36. NORTHERLY ACCESS. The ingress/egress easement agreement with the owner of parcel 424-17-042 expires in 2022. An alternate point of ingress and egress shall be approved by the Town prior to expiration of the agreement. 37. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) 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 bythe 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). A separate building permit, issued by the Building Department at 110 E. Main Street is needed for grading within the building footprint. Page 7 of 16 38. 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. 39. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters. b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 40. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main 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. 41. SOILS REPORT. One copy of the soils report shall 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 of the California Business and Professions Code. 42. SOILS REVIEW. Prior to issuance of any 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. 43. 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 Page 8of16 I 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 applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. 44. CERTIFICATE OF LOT MERGER. A Certificate of Lot Merger shall be recorded. Two copies of the legal description for exterior boundary of the merged parcel and a plat map (8- 1/Z inches X 11 inches) shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. 45. 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 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. Repair cracked and broken curb, gutter, and sidewalk along the Los Gatos Blvd. frontage as directed by the Town Engineer. Replace the tree well grate. Reset raised utility boxes as directed by the Town Engineer. b. Provide standard curb, gutter and sidewalk at existing driveways that are not proposed for re-use. C. Relocate the existing bus stop sign and bench as directed by the Town Engineer. d. Paint curb red as directed by the Town Traffic Engineer and Santa Clara County Fire Department. Install a double yellow centerline at the east leg (Office Depot) driveway approach. e. Provide video detection equipment to replace existing traffic detection loops on the east (Office Depot) leg of the intersection, and provide ADA compliant pedestrian push buttons at all legs of the intersection. 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. Page 9of16 47. 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. 48. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 49. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division 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, 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 Order 01-024 of the amended Santa Clara County NPDES Permit. 50. 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 Page 10 of 16 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. 51. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum a Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. 52. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer'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 approval from the Town Engineer 15.40.070). 53. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 54. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or permeable pavement. 55. STORM WATER MANAGEMENT PLAN. A storm water management plan 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 Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit. This project removes and replaces more than 10,000 square feet of impervious area and is a Group 2B project. 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 Page 11 of 16 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. 56. 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. 57. 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. 58. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 59. 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. 60. 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. Page 12 of 16 61. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standard Details. Existing approaches not to be used shall be removed and replaced with Town standard curb, gutter and sidewalk. 62. AS-BUILT PLANS. An AutoCAD disk of the approved "as-built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. 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. 63. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 64. 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 (Sec. 6.50.025). 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 section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 65. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and area drains connected to the sanitary sewer system shall be provided. Page 13 of 16 66. 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. 67. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 68. FIRE LANE MARKINGS REQUIRED. Provide marking in conformance with Fire Department requirements for all roadways within the project. Installations shall conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 69. REQUIRED FIRE FLOW. The required fire flow for the project is 2,750 gpm at 20 psi residual pressure. 70. FIRE HYDRANTS REQUIRED. Provide fire hydrants at locations to be determined jointly by the Fire Department and San Jose Water Company. Hydrants shall have a minimum single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to applying for building permits, the applicant shall provide civil drawings reflecting all fire hydrants serving the site. The final determination of placement and number of hydrants shall be to the satisfaction of the Dire Department. 71. NEW COMMERCIAL BUILDING. The building shall comply with standard specification SI-7 for construction site fire safety. 72. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler system is required for the commercial building, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. A State of California (C-16) licensed fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval, prior to beginning work. Page 14 of 16 73. FIRE APPARATUS(ENGINE) ACCESS ROADS. Provide access roadways with a paved all weather surface and 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%. Installations shall conform with Fire Department Standard Details and Specifications A-1. 74. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 75. PARKING ALONG ROADWAYS. The required fire access road shall not be obstructed in any manner and parking shall not be allowed along roadways less than 28 feet wide. Parking is pennitted along one side of roadways 28-35 feet in width. For roadways equal to or greater than 26 feet, parking will be allowed on both sides. Roadways widths shall be measured curb to curb face with parking space based on an eight foot width. 76. ON-SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANTS. Installation of private fire service mains and/or hydrants shall conform to National Fire Protection Association (NFPA) Standard #24, and Fire Department Standard Details and Specification W-2. If the supply piping is "combined" (sprinkler system and hydrants). A UL listed four- way FDC shall be provided. A separate installation permit is required from the Fire Department. 77. FIRE DEPARTMENT KEY BOX. The building shall be equipped with a permanently installed emergency access key lock box (knox), conforming to Fire Department Standard Detail and Specification sheet K-1. Access keys shall be provided to the Fire Department at the time of final inspection. Page 15 of 16 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 6, 2007, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on August 20, 2007 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\ORDSILGB 15200-TC.DOC Page 16 of 16 tiT Fi,► :,-,15200, Los Gatos Boulevard TOWN OF LOS GATOS Application No. PD-06-05. A.P.N. #424-17-038 & 041 Change of zoning map amending the Town Zoning Ordinance. ® Zone Change From: CH To: CH:PD ❑ Prezonin Recommended by Planning Commission Date: June 13, 2007 Approved by Town Council Date: August 6, 2007 Ord: Clerk Administrator Mayor