Ord 2197 - Zone Change 16005 Los Gatos Blvd.ORDINANCE 2197
ORDINANCE OF THE TOWN OF LOS GATOS
ZONE CHANGE FROM CH to CH:PD AT 16005 LOS GATOS BOULEVARD
AND 625 BLOSSOM HILL ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning at
16005 Los Gatos Boulevard and 625 Blossom Hill Road as shown on the map which is attached
hereto marked Exhibit A and is part of this Ordinance from CH (Restricted Commercial
Highway), to CH:PD (Restricted Commercial Highway, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes
the following construction and use of improvements:
1. Demolition of the existing auto dealership buildings;
2. Construction of 30,790 square feet of retail commercial space;
3. Construction of three Below Market Price single - family residences;
4. Construction of 22 single - family market rate residences; and
5. Landscaping, streets, parking, open space and other site improvements shown and
required on the Official Development Plan.
6. Uses permitted are those specified in the underlying CH (Restricted Commercial
Highway) zone by Sections 29.60.085 (Permitted Uses) and 29.60.090
(Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of
the adoption of this Ordinance, or as they may be amended in the future, subject
to any restrictions or other requirements specified elsewhere in this ordinance
including, but not limited to, the Official Development Plan. However, no use
listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval is required before the demolition of the existing
commercial buildings, whether or not a permit is required for the work and before any permit for
construction is issued. Construction permits shall only be in a manner complying with Section
29.80.130 of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans), are part of the
Official Development Plan. The following 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. The Official Development
Plans and this ordinance establish the allowed uses and intensity of development. The
Official Development Plans are conceptual in nature such that minor deviations may be
approved through the Architecture and Site approval process if necessary to achieve
architectural excellence. The Planning Commission shall be the deciding body of the
Architecture and Site applications.
2. RECOMMENDATIONS OF CONSULTING ARCHITECT. The recommended project
changes as made by the Town's Consulting Architect in his letter dated April 6, 2011
shall be incorporated during the Architecture and Site application process.
3. OPEN SPACE. The landscape plan shall provide details aimed at strengthening the
integration of the open space with the residential development.
4. CONSTRUCTION ACCESS. Access to the project site during demolition and
construction activities shall be provide via Los Gatos Boulevard and Blossom Hill Road
and shall not be provided from Placer Oaks Road.
5. DEMOLITION. The demolition of the existing structures shall occur within 30 days of
the approval of the Architecture and Site applications.
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6. SETBACKS. The minimum setbacks permitted are documented on the approved plans
attached as Exhibit B. If multiple measurements are provided the lesser measurement
shall be the minimum.
7. PROJECT PHASING. Prior to issuance of a building permit for the 11` market rate unit,
building permits for the commercial structures on the easterly portion of the site shall be
issued. Building permits for the 22nd market rate unit shall not be finaled until such time
as the building permits for the commercial structures are finaled. This condition is not
intended to include building permits for tenant improvements for the commercial
structures.
8. TRASH ROOM DOOR. A high quality exterior trash room doox such as wood with
wrought iron details, consistent with the materials used throughout the project shall be
used for trash rooms in both Building 1 and Building 2. The details of this door shall be
incorporated in the Architecture & Site application plans.
9. OUTDOOR LIGHTING. Outdoor lighting shall comply with Town Code and Building
Code regulations. Tea/string lights are prohibited by Municipal Town Code regulations.
10. BMP. The developer shall work with the Town during the Architecture and Site approval
process to make the required arrangements for the BMP units. The BMP units must
receive approved building permits prior to the issuance of the building permit for the 11
market rate unit. The BMP contract shall be completed prior to issuance of a building
permit. Final occupancy clearance of the BMP units shall occur prior to the final of the
last market rate unit.
11. DEED RESTRICTION. Prior to issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder's office, stating that the
required BMP units must be sold as below market priced units pursuant to the Town's
BMP regulations.
12. FINISH OF BMP UNITS. The internal finish of the BMP units shall be identical to that
of the market rate units in the project, except that the developer may request Town
approval of substitutions for luxury interior finishes, appliances and fixtures.
13. HOUSE SIZE. The footprint, square footage and height of each house shall be consistent
with the Development Plans as shown in Exhibit B. No additional square footage shall be
permitted for the residential uses.
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14. COMMERCIAL DISPLAY WINDOWS. Display windows must be periodically cleaned,
maintained and changed. Display glass shall not be blacked -out or obscured in any way
by any materials(s) or objects(s) affixed in any manner to the outside or inside surfaces of
the glass, with the exception of the tenant's standard vinyl safety window logos and
flyers for nonprofit organizations.
15. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the
issuance of a Building, Grading or Encroachment Permit.
16. RECYCLING. All wood, metal, glass, and aluminum materials generated from the
demolished structures shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
17. TENTATIVE MAP. The Development Review Committee may be the deciding body of
the tentative map.
18. AIR QUALITY MITIGATION MEASURE 1. To limit the project's construction - related
dust, criteria pollutant, and precursor emissions, the following BAAQMD- recommended
Basic Construction Mitigation Measures shall be implemented:
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.
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.
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. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). 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. A publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints shall be posted at the site. This person shall
respond and take corrective action within 48 hours. The Air District's phone number
shall also be visible to ensure compliance with applicable regulations.
19. BIOLOGICAL RESOURCES MITIGATION 2. With review and approval by the Town,
all recommendations made by Arbor Resources (October 11 2010 and any updates) will
be implemented to eliminate or minimize the construction - related impacts on the trees to
be retained. Recommendations are listed under Section 5.0, Recommendations, of the
arborist's report. These include recommendations under the Design Guidelines section
addressing tree retention and relocation, soil disturbance, mulching, trenching, drainage
facilities, and installation of new trees. The report also provides recommendations for
Protection Measures before and during construction, encompassing fencing, removal of
hardscape, demolition, work within tree canopies, etc. The report's recommendations are
included as Attachment 3 of the Initial Study.
20. CULTURAL RESOURCE MITIGATION 3. Construction personnel involved with
earthmoving shall be alerted to the potential for the discovery of prehistoric materials and
in particular, concentrations of historic artifacts. Prehistoric archaeological resources
could include but not be limited to the following: darker than surrounding soils of a
friable nature, concentrations of stone, bone or fresh water shellfish, artifacts of these
materials, and evidence of fire (ash, charcoal, fire altered earth or rock) and of course,
burials, both human and animal.
21. CULTURAL RESOURCE MITIGATION 4. In the event that archaeological traces are
encountered, all construction within a 20 -foot 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.
22. CULTURAL RESOURCE MITIGATION 5. In the event that it appears further
earthmoving will affect a resource eligible for the California Register of Historic
Resource (CRHR), a plan for evaluation of the resource through limited hand excavation
should be submitted to the Town's Community Development Department for approval. If
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evaluative testing demonstrates that the project will affect a CRHR eligible resource, a
plan for the mitigation of impacts to the resource should be submitted to the Community
Development Department for approval before construction is allowed inside the zone
designated as archaeologically sensitive.
23. CULTURAL RESOURCE MITIGATION 6. 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.
24. CULTURAL RESOURCE MITIGATION 7. 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.
25. NOISE MITIGATION MEASURE 12.. To minimize construction noise impacts on
existing adjacent residences to the west, existing boundary fencing shall be retained
throughout the noisier earthmoving phase of construction or proposed fencing along this
boundary shall be constructed as early as possible (prior to project grading activities if
feasible). To maximize the fence's noise attenuation effects, proposed fencing shall be
solid with no gaps, cracks, or openings (e.g., high quality air -tight tongue- and - groove,
board and batten, or shiplap design).
26. NOISE MITIGATION 13. As a condition of project approval, the Town will require the
commercial- related trash collection activities to comply with Section 16.20.055 of the
Noise Ordinance, which prohibits refuse collection with a refuse collection vehicle
between the hours of 6:00 p.m, and 6:00 a.m. in a residential zone.
27. NOISE MITIGATION 14. To meet the Town's 55 -dB (DNL) residential noise goal,
balconies and decks shall be completely enclosed so that these spaces are no longer
exterior spaces. If such a design is undesirable, as determined during the Site &
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Architecture approval process, the following design requirements shall be implemented
to achieve Town - recommended exterior noise guidelines in usable outdoor spaces on
proposed senior apartments and single - family residences:
a. To achieve compliance with the Town's 65 -dB (DNL) exterior noise guideline at
proposed senior apartments, 42 -inch high acoustically- effective railings shall be
constructed on the balconies of Units 1 to 4 along Los Gatos Boulevard. The balcony
railing height is in reference to the nearest balcony floor elevation.
To achieve an acoustically- effective balcony railing, it must be constructed air -tight
(i.e. without cracks, gaps, or other openings) and must provide for long -term
durability, including the balcony floor. The railings can be constructed of masonry,
wood, concrete, stucco, metal or a combination thereof, and must have minimum
surface weight of 1.5 pound per square foot. If wood fencing is used, homogenous
sheet materials are preferable to conventional wood fencing as the latter has a
tendency to warp and form openings with age. However, high quality, air -tight
tongue- and - groove, board and batten, or shiplap construction can be used, provided
that the construction is air -tight and the minimum surface weight is met. Translucent
materials, such as glass, Lexan, or Plexiglas, may be incorporated into the barriers to
provide for light and views; however, they must have a minimum thickness of 3/16
inches to meet the minimum surface weight requirement. Downspouts and scuppers
are preferable over sheet draining. All connections with posts, pilasters, and the
building shells must be sealed air- tight. No openings are permitted between the upper
railing components and the balcony floor.
b. To achieve compliance with the Town's 60 -dB (DNL) exterior noise guideline at side
and rear yards of proposed single - family residences, six -foot high acoustically -
effective barriers between proposed homes on Lots 1 through 5 and along the west
side of Lot 5, terminating near the garage (see Figure 1 of Attachment 7 for the
locations of the recommended noise - control barriers). The barriers shall connect air-
tight to the sides of the homes. The barrier height is in reference to the nearest
building pad elevation.
To achieve an acoustically- effective barrier, it must be constructed air- tight, i.e.,
without cracks, gaps or other openings, and must provide for long term durability.
The barriers can be constructed of masonry, wood, concrete, stucco, metal, earth
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berm or a combination thereof, and must have a minimum surface weight of 2.5
pounds per square foot. If wood fencing is used, homogeneous sheet materials are
preferable to conventional wood fencing as the latter has a tendency to warp and form
openings with age. However, high quality, air -tight tongue- and - groove, board and
batten or shiplap construction can be used, provided that the construction is air -tight
and the minimum surface weight is met. Gates may be incorporated into the barriers;
however, they must meet the minimum surface weight and height requirements and
must fit tight when closed. Astragals or stops shall be used over the hinge jamb and
closure jamb gaps. A gap under a gate may be no more than 1 -inch high. All
connections with posts, pilasters and the building shell must be sealed air - tight. No
openings are permitted between the upper barrier components and the ground.
28. NOISE MITIGATION 15. To achieve the acceptable interior noise levels of 45 dB
(DNL) at proposed senior apartments (Title 24) and single- family residences, the
following noise control measures shall be incorporated into the project design:
a. All windows and glass doors of living spaces that are proposed within 270 feet of the
Los Gatos Boulevard centerline and with a direct or side view of the roadway (Units
1 to 5) shall be kept closed at all times. All windows and glass doors on these units
shall have a minimum Sound Transmission Class (STC) rating of 28. Mechanical
ventilation shall be provided in these units.
All windows and glass doors of living spaces that are proposed within 120 feet of the
Blossom Hill Road centerline and with a direct or side view of the roadway (Lots 1
to 5) shall be kept closed at all times. All windows and glass doors on these units
shall have a minimum Sound Transmission Class (STC) rating of 28. Mechanical
ventilation shall be provided in these units.
When windows and doors are maintained closed for noise control, some type of
mechanical ventilation to assure a habitable environment must be provided. The
mechanical ventilation requirements are specified in the Uniform Building Code
(UBC) and described in Appendix B of the ELPA study, which is included as
Attachment 7 of the Initial Study. The windows that are specified to be maintained
closed are to be operable, as the requirement does not imply a "fixed" condition. All
other windows of the project and all bathroom windows may have any type of
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glazing and may be kept opened as desired unless the bathroom is an integral part of
a living space without a closeable door.
In addition to the required STC ratings, the windows and doors shall be installed in
an acoustically- effective manner. To achieve an acoustically - effective window
construction, the sliding window panels must form an air -tight seal when in the
closed position and the window frames must be caulked to the wall opening around
their entire perimeter with the non - hardening caulking compound to prevent sound
infiltration. Exterior doors must seal air -tight around the full perimeter when in the
closed position.
The acoustical test report of all sound -rated windows and doors should be reviewed
by a qualified acoustician to ensure that the chosen windows and doors will be
adequately reduce traffic noise to acceptable levels. Many dual -pane windows and
glass door assemblies have inherent noise reduction problems in the traffic noise
frequency spectrum due to resonance that occurs within the air space between the
window liter, and the noise reduction capabilities vary from manufacturer to
manufacturer
29. FINAL LANDSCAPE PLAN. The Town's Consulting Arborist shall review the final
plans during the Architecture and Site approval process. At that time, the arborist shall
determine the required tree protection measures and the proposed tree removal mitigation
which shall be incorporated in the final building plans. Pursuant to Town Code, one and a
half feet of vehicle overhang in the parking stalls adjacent to Los Gatos Boulevard shall be
landscaped with appropriate low growing vegetation.
30. GOOD NEIGHBOR FENCE. The proposed eight foot high, solid wood "Good Neighbor"
fence along the east side property boundary shall be constructed as early as possible (prior
to project grading activities if possible) to help reduce construction noise at existing
adjacent residences.
31. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, and Article IV of the Town Code. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
32. NEW TREES. All newly planted trees are required to be double staked to Town
standards.
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33. GENERAL. All newly planted trees shown on the plan are specific subjects of approval
of this plan and must remain on the site,
34. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native
trees and shrubs.
35. PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to
construction or building permits being issued, the applicant shall meet with the Town's
Consulting Arborist, at the developer's expense, concerning the need for protective
fencing around the existing trees and other required tree protection measures identified in
this ordinance. Such fencing is to be installed prior to, and be maintained during,
construction. The fencing shall be, a five foot high chain link attached to steel poles driven
at least 18 inches into the ground when at the dripline of the tree. If the fence has to be
within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain
link fence that is rented.
36. SIGNAGE. A residential neighborhood sign is permitted and shall be reviewed during the
Architecture and Site approval process.
37. COMMERCIAL SIGN PROGRAM. A sign program shall be required for the commercial
development and shall be review during the Architecture and Site approval process.
TO THE SATISFACTION OF THE BUILDING DEPARTMENT:
(Building Division)
38. PERMITS REQUIRED: A building permit shall be required for each new commercial
building, each townhome, and each single family unit. Separate permits are required for
electrical, mechanical, and plumbing work as necessary.
39. 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.
40. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
41. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application from the Building
Department Service Counter for each building to be demolished. Once the demolition
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form has been completed, all signatures obtained, and written verification from PG &E
that all utilities have been disconnected, return the completed from to the Building
Department Service Counter with the J# Certificate, PG &E verification, and three (3) sets
of site plans to include 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.
42. STREET NAMES, HOUSE & SUITE NUMBERS: Submit requests for new street names
and townhome and residence addresses and commercial building addresses and suite
numbers to the Building Division prior to submitting for the building permit application
process.
43. HAZARDOUS MATERIALS MITIGATION MEASURE 9. The project applicant and /or
Town shall prepare a management plan to identify all suspected hazardous materials and
specify applicable regulations that would determine appropriate handling and disposal of
these materials. For suspected hazardous materials (contaminated soil and groundwater)
that may be encountered during construction, the management plan shall include
contingency plans for site safety, worker protection, sampling and investigation, and
disposal or remediation; these shall be based on soil and groundwater sampling and
testing that have been completed to date. The management plan shall be filed with the
Town of Los Gatos and all other jurisdictional agencies prior to issuance of the
demolition and grading permits.
44. HAZARDOUS MATERIALS MITIGATION MEASURE 10. If groundwater is
encountered during project construction and dewatering is required, the project applicant
shall undertake sampling and testing of the encountered groundwater in accordance with
the contingency sampling and investigation plan. If groundwater is found to contain
contaminants that exceed regulatory action levels, it may not be discharged into the
existing storm drainage system. Removal and handling of the contaminated groundwater
should be done in a manner acceptable to the RWQCB, the Town, and other jurisdictional
agencies.
45. HAZARDOUS MATERIALS MITIGATION MEASURE 11. A state certified lead -
based paint professional shall be retained to perform a lead -based paint survey of the
existing structures and the recommendations of the professional shall be followed for
abatement of any identified lead -based paint prior to demolition of the structures.
46. 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
engineer specializing in soils mechanics.
47. SHORING: Shoring plans and calculations will be required for all excavations which
exceed four (4) feet in depth or which remove lateral support from any existing building,
adjacent property or the public right -of -way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cal /OSHA regulations.
48. 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 elevations and on -site retaining
wall locations and elevations have been 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 pad elevation
b. Finish floor elevation
G. Foundation corner locations
d. Retaining Walls
49, RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residential units 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 above the floor to the center of the
backing, suitable for the installation of grab bars.
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' x 5' level landing, no
more than 1/2 -inch out of plane with the immediate interior floor level and with an
18 -inch clearance at the interior strike edge.
d. boor buzzer, bell or chime shall be hard wired at the primary entrance.
50. TITLE 24 ENERGY COMPLIANCE: Required California Title 24 Energy Compliance
Forms must be blue -lined (sticky- backed) onto a sheet of the plans.
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51. 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.
52. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA
Phase 11 approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within
10 -feet of chimneys.
53. TITLE 24 — COMMERCIAL: The building shall comply with the latest California Title
24 Accessibility Standards.
54. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any
restaurant use. The following agencies will review the grease trap requirements before
issuance of the building permit:
a. West Valley Sanitation District (WVSD): (408) 378 -2408
b. Environmental Health Department: (408) 885 -4200
C. Town Public Works Department: (408) 399 -7530
55. 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
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
www.los atg osea.gov /building
56. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
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 San Jose
Blue Print for a fee.
57. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
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58. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division (408) 354 -6872
b. Engineering/Parks & Public Works Department: John Gaylord (408) 395 -3460
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 AND PUBLIC WORKS:
(Engineering Division)
59. 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.
60. BENEFIT ASSESSMENT DISTRICT. The developer shall participate in a Benefit
Assessment District for improvements on Los Gatos Boulevard should one be created by
Town Council. If such District is created prior to the Final Map approval by Council the
developer shall sign an Agreement to Participate which shall be recorded prior to
subdivision approval.
61. GEOTECHNICAL MITIGATION MEASURE 8. The recommendations of the CEG
geotechnical investigation and project review (October 21, 2009, and December 18,
2009) shall be incorporated in the final construction plans for the proposed project
(Attachment 4 of the Initial Study). These recommendations address site preparation,
earthwork operations, drainage, and foundations.
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62. TRAFFIC MITIGATION MEASURE 16. A second eastbound left -turn lane shall be
added on Blossom Hill Road and both left -turn storage lanes shall be extended to 250 feet
(per lane) to accommodate fixture traffic levels.
63. TRAFFIC MITIGATION MEASURE 17. The project will be required to modify their
fair share of the Blossom Hill Road /Los Gatos Boulevard intersection and upgrade
existing traffic signal to current Town standards including but not limited to ADA ramps,
pedestrian islands, signing, striping, vehicular signal heads, pedestrian signals, video
detection, safety lighting, as directed by Town Engineer.
64. 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.
65. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities
for all public improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) 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 and Public Works Department.
66. 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 as detailed above.
67. 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.
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. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress
printing to the Town for review of above ground utilities including backflow prevention
devices, fire department connections, gas and water meters, off - street valve boxes,
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hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail
boxes. Above ground utilities shall be reviewed and approved by Community
Development prior to issuance of any permit.
70. 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.
71. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
72. 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 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). A
separate building permit, issued by the Building Department on E. Main Street is needed
for grading within the building footprint.
73. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
74. 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:
a. Retaining wall - -top of wall elevations and locations
b. Toe and top of cut and fill slopes
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
16
prepared by the applicants' soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
76. 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.
77. PARKING. Any proposed parking restrictions must be approved by the Los Gatos -Monte
Sereno Police Department.
78. 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.
79. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to
submittal of plans to the Engineering Division of the Parks and Public Works
Department.
80. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to
issuance of any Permit or recordation of the Final Map.
81. THIRD PARTY SIGNAL INSPECTION FEES. Applicant shall pay /reimburse the
Town for the inspection of street lighting and traffic signal related work by Town's
street lighting and traffic signal contractor. An initial deposit of $1500 shall be made
prior to the issuance of any permit. Additional fees may be required and shall be
fully borne by the applicant.
82. 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.
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83. 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.
84. SOILS REPORT REVIEW. One copy of the final soils and geologic report shall be
submitted with the grading permit / public improvement application. The soils report
shall include specific criteria and standards governing site grading, drainage, pavement
design, retaining wall design and erosion control. The report shall be signed and "wet
stamped" by the engineer or geologist, in conformance with Section 6735 of the
California Business and Professions Code.
85. SOILS ENGINEER PLAN 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.
86. FINAL MAP. A final map shall be recorded. Two copies of the final 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 fee etc. The map shall be recorded before any permits are issued.
87. DEDICATIONS. The following shall he dedicated on the final map. The dedication
shall be recorded before any permits are issued.
a. Widening and full dedication ( -7.5') along Blossom Hill Rd as shown on proposed
tentative map — easement offering will not be acceptable.
b. Public Service/Utility Easement (PSE /PUE) as required and as shown on proposed
tentative map.
c. Ingress- egress, storm drainage and sanitary sewer easements, as required.
d. Emergency Access Easement. Twenty -two (22) feet wide, as shown on proposed
tentative map.
88. 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
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billing to the homeowners association. Pole numbers, assigned by PG &E, shall be clearly
delineated on the plans.
89. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
90. 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. Blossom Hill Road - New curb, gutter, sidewalk and associated improvements
associated with the roughly 7.5' widening including the return onto Blossom Hill
Road and the adjacent pork chop island (including signal pole and associated
equipment) as shown on the proposed plans. This work will include existing utilities
along this widening including an existing power pole. Construction of the
additional left turn lane pocket and associated modifications to existing
improvements including median island relocation, striping and signal modifications.
b. Placer Oaks Road — Widening of existing improvements along project frontage
including curb, gutter, installation of median island and tie in paving.
C. All other public improvements or modifications of existing improvements required
to accommodate the proposed development including but not limited to curb, gutter,
sidewalk, standard residential and modified commercial driveway entries, street
lights, tie -in paving, half street grind and overlay, signing, striping, storm drainage
and sanitary sewers, as determined to be required by the Town Engineer..
91. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's
public frontage to current Town Standards. These improvements may include curb,
gutter, sidewalk, driveway approaches, curb ramps, street lighting upgrade /repainting
(including replacing existing street light fixtures with LED fixtures), modifications to
existing traffic signals, signage, striping etc. Proposed species and location of street trees
will be reviewed during the permit phase. Magnolias will not be permitted due to
damage their root system does to adjacent sidewalk.
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92. PERIMETER STREET RESURFACING. Existing half streets along project perimeter
will be required to be resurfaced /slurried and restriped at the completion of the project.
93. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as- built" drawings.
94. TRAFFIC IMPROVEMENTS. Traffic signal improvements shall include and may not be
limited to replacement, relocation, and /or modification of signal equipment, poles,
cabinets, conduits, etcetera as required for proposed widening. Improvements will also
include upgrading existing video detection systems and cameras to current standard,
replacing incandescent signal indication with LED modules, replacing 8" signal heads
with 12 ", replace service pedestal with Type III and replacing safety lighting with LED
luminaires. Modification of existing pork chop island(s) and re- stripe as needed to
accommodate pedestrian, bicycle and modified vehicular turning movements. All
relocation/replacement of existing improvements including high voltage overhead poles,
traffic controller boxes and any other impacted facilities will be required of the applicant.
95. FAIR SHARE CONTRIBUTION FOR INTERSECTION IMPROVEMENTS. Lark
Avenue and Los Gatos Boulevard - $24,866 (based on 132 additional AM/PM peak hour
trips). University Avenue and Lark Avenue - $11,614 (based on 22 additional AM /PM
peak hour trips). The final contribution shall be calculated from the final plans using a
trip generation rate based on the final project use mix.
96. TRAFFIC STUDY RECOMMENDATIONS. All recommendations included in the
TJKM Traffic Study dated December 23, 2009, including adding additional turning lane
on east bound Blossom Hill Rd, extending existing southbound second left -turn lane on
Los Gatos Blvd and installing signs and pavement markings for driveway access control.
This condition shall include modification or installation of improvements including but
not limited to pavement, curb, gutter, sidewalk, street lights, traffic signals (and
associated interconnect) required to accommodate these recommendations. TJKM Traffic
Study recommendations were based on total project trips of 1,646 ADT, 181 AM peak
Hour Trips and 136 PM Peak Hour Trips. Should final mix of commercial component
exceed these limits additional review will be required.
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97. TRAFFIC IMPACT MITIGATION FEE (NET COMBINED COMMERCIAL &
RESIDENTIAL). The developer shall pay a fee proportional to the project's share of
transportation improvement needed to serve cumulative development within the Town of
Los Gatos. The fee amount will be based upon the Town Council resolution in effect at
the time the building permit application is made. The fee 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 estimated at $320,000. The final fee
shall be calculated from the final plans using the rate schedule in effect at the time of the
building permit application, using a trip generation rate based on the final project use
mix.
98. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit,
the project Applicant shall complete a pavement condition survey documenting the extent
of existing pavement defects using a 35 -mm or digital video camera. The limits of the
survey shall be determined by the Town Engineer. In addition, a pavement deflection
analysis conforming to the same limits as the photographic survey shall be performed to
determine pavement strength. The results shall be documented in a report and submitted
to the Town for review.
99. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete
a pavement condition survey and pavement deflection analysis to determine whether road
damage occurred as a result of project construction and whether there were changes in
pavement strength. Rehabilitation improvements required to restore the pavement to pre -
construction condition and strength shall be determined using State of California
procedures for deflection analysis. The results shall be documented in a report and
submitted to the Town for review and approval. The Applicant shall be responsible for
completing any required road repairs prior to release of the faithful performance bond.
100. 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
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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 No. R2- 2005 -0035 of the amended Santa Clara County
NPDES Permit.
101. 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.
102. DUST CONTROL (SITES > 4 ACRES).The following measures should be implemented
at construction sites greater than four acres in area:
a. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c. Limit traffic speeds on unpaved roads to 15 mph.
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d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
103. CONSTRUCTION MANAGEMENT PLAN. The Developer 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.
104. 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).
105. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
106. NPDES. On -site drainage systems shall include a filtration device such as a bio -swale or
permeable pavement.
107. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application. 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 — additional deposit may be required. 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.
108. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner /
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 No. CAS029718 and modified by Order No. R2 -2005-
0035. 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,
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permits and payment of fees. The agreement shall be recorded prior to release of any
occupancy permits.
109. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor
and property 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.
110. 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 §27.50.015(b). Underground conduit shall be
provided for cable television service.
111. 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.
112. 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.
113. 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.
114. DRIVEWAY APPROACH. The developer shall install Town standard residential and
commercial driveway approaches unless otherwise noted. The new residential driveway
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approach on Placer Oaks Drive shall be constructed per Town Standard Details and the
commercial entries shall be modified to the approval of the Town Engineer.
115. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
116. 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.
117. 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.
118. 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 Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
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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.
119. OUTDOOR COMMERCIAL TRASH ENCLOSURES. Outdoor trash enclosures shall be
covered and area drains connected to the sanitary sewer system shall be provided.
Temporary trash enclosures and trash bins for individual residential units are exempt
from this condition.
120. 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.
121. 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.
122. 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 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. Cover all
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trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least
two feet of freeboard.
123. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall
initiate a weekly neighborhood e -mail notification program to provide project status
updates. The e -mail notices will also be posted on a bulletin board placed in a prominent
location along the project perimeter.
124. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
125. FUTURE STUDIES. Any post project traffic or parking counts, or other studies imposed
by Planning Commission or Town Council shall be funded by the applicant.
TO TIIE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
126. PUBLIC FIRE HYDRANT(S). The developer shall provide public fire hydrant(s) at
location(s) to be determined jointly by the Fire Department and the San Jose Water
Company. Maximum hydrant spacing shall be 400 feet, with a minimum single hydrant
flow of 1,500 GPM at 20 psi residual. If area fire hydrants exist, reflect their location on
the civil drawings included with the building permit submittal. To prevent building
permit delays, the developer shall pay all required fees to the water company ASAP.
127. PRIVATE ON -SITE FIRE HYDRANT(S). As an alternative to Performance Standard
119 above, provide 3 private on -site fire hydrants installed per NFPA Std. #24, at
locations to be determined by the Fire Department. Maximum hydrant spacing shall be
250 or 500 feet, with a minimum acceptable flow of 1,500 GPM at 20 psi residual
pressure. Prior to design, the project civil engineer shall meet with the fire department
water supply officer to jointly spot the required fire hydrant locations.
128. FIRE APPARATUS (ENGINE) ACCESS ROADS. The developer shall 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 %. Installations shall conform to
Fire Department Standard Details and Specifications sheet A -1.
129. EMERGENCY GATE /ACCESS GATE. Gate installations shall conform with Fire
Department Standard Details and Specifications G -1 and, when open shall not obstruct
any portion of the required width for emergency access road way or driveways. Locks, if
27
provided, shall be fire department approved prior to installation. Gates across the
emergency access road way shall be equipped with approved access devices. If the gates
are operated electrically, an approved Knox key switch shall be installed; if they are
operated manually, then an approved Knox padlock shall be installed. Gates providing
access from a road to a driveway or other roadway shall be at least 30 feet from the road
being exited.
130. FIRE SPRINKLERS. Approved automatic sprinklers are required in all new and existing
modified buildings when gross floor area exceeds 3,600 square feet or that are 3 or more
stories in height. Exception: one -time additions to existing buildings made after
1/01/2008 that do not exceed 500 gross square feet. 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.
131. POTABLE WATER. Potable water supplies shall be protected from contamination
caused by fire protection water supplies. It is the responsibility for 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 an appliance capable of causing contamination of the potable water
supply of the purveyor or record. Final approval of the system(s) under consideration will
not be granted by the Fire Department until compliance with the requirements of the
water purveyor of record are documented by that purveyor as having been met by the
applicant(s).
132. PREMISES IDENTIFICATION. Approved numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
133. EMERGENCY ESCAPE /RESCUE. Ground - ladder rescue from second 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
28
be no less than seven feet clear. Landscaping shall not be allowed to interfere with the
required access.
134. TIMING OF ROADWAY INSTALLATIONS. Required access roads, up through first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of
combustible construction. Bulk combustible materials shall not be delivered to the site
until installation is complete. During construction, emergency access roads shall be
maintained clear and unimpeded. Note that building permit issuance may be withheld
until installations are completed. Temporary access roads may be approved on a case by
case basis.
135. TIMING OF REQUIRED WATER SUPPLY HYDRANTS. Installations of required fire
service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to
the start of framing or delivery of bulk combustible materials. Building permit issuance
may be withheld until required installations are completed, tested and accepted.
TO THE SATISFACTION OF THE TOWN ATTORNEY
136. 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.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 6, 2011, 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 June 20, 2011. This
Ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AT-TEST•
C LERjF THE TOWN OF LOS GATOS
L OS, CALIFORNIA
30
1
TOWN OF LOS 6 6 "ATOS
............
Zoning Application No. PD-07-145 A.P.N. # 529-16-025, 053
Change of zoning map amending the Town Ordinance.
►1 Zone Change
• - •
Action by Planning Commission
Approved by Town Coun te:
Clerk Administrator Mayor
Date:AP=il 27, 2011
Ord:
Exhibit A
of Attachment 10