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ORD 2148 - Amending planned development PD-00-2 relative to conversion of rental units and office suites to condominiums and repealing Ordinance 2089 for the Terreno De Flores project at 14880-14890 Los Gatos Boulevard and 14950-14960 Terreno De FloresORDINANCE 2148 ORDINANCE OF THE TOWN OF LOS GATO S AMENDING PLANNED DEVELOPMENT PD-00-2 RELATIVE TO CONVERSION OF RENTAL UNITS AND OFFICE SUITES TO CONDOMINIUMS AND REPEALING ORDINANCE 2089 FOR THE TERRENO DE FLORES PROJECT AT 14880-14890 LOS GATOS BOULEVARD AND 14950-14960 TERRENO DE FLORES 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 1488 0 & 14890 Los Gatos Boulevard and 14950 & 14960 Terreno de Flores Lane as shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from R-1:8 (Single Family Residential) and RM:5-12:PD (Multiple Family Residential, 5-12 units per acre/Planned Development); to CH:PD (Restricted Highway Commercial/Planned Development). SECTION II The PD (Planned Development Overlay) zone established by Ordinance 2089 i s hereby amended to authorizes the following construction and use of improvements: 1. Demolition of three existing single-family residences, five rental units and all accessory structures; 2. Construction of ten (10) market price single family residential units and two (2) Below Market Price (BMP) single family residential units; 3.Construction of one (1) Below Market Price (BMP) residential condominium, one condominium for teacher housing pursuant to condition #5, and five (5) market rate condominiums; C:\Documents and Setdngs\MRasmuss\Loca1 Settings\Temp\MXLibDir\ord LGB14880-PDA.wpd 1 4. Construction of a 14,000 sq. ft., two-story building for office uses (office units will be condominiums); 5. Landscaping, private street, parking, and other site improvements shown and require d on the Official Development Plan (Exhibit B); 6.Uses permitted are those specified in the underlying 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 th e 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. 7. Ordinance 2089 is hereby repealed. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARD S All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION N Architecture and Site Approval is, required before the demolition of the single famil y residences, rental units and accessory structures, or any construction work for the residential unit s or office building is performed, whether or not a permit is required for the work and before an y permit for construction is issued. Construction permits shall only be in issued in a manner complying with Section 29.80.130 of the Zoning Ordinance. C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibD r\ord LGB14880-PDA.wpd 2 SECTION V The attached Exhibit A (Map) and Exhibit B (development plans received by the Town of Los Gatos on October 31, 2005, 20 sheets), incorporated herein by this reference, are part of th e Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1.ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site Applications and approval shall be required for the proposed residential units, office building, parking areas and landscape improvements. 2.BUILDING SIZES. The size of the BMP units shall be at least 1,020 square feet (excluding garages); the single-family units shall be in the range of 1,570 to 2,262 square feet (excluding garages); the market rate apartments shall be in the range of 1,442 to 1,531 square feet; the BMP and BMP/teacher condominiums shall be at least 813 square feet; and the two-story office building shall be a maximum of 14,000 square feet. 3. SITE PLAN. The site plan provided is conceptual in nature. Final footprints and building designs shall be determined during the architecture and site approval process. 4. ACCESS. Deeded reciprocal access rights shall be provided across the two larger parcel s as indicated by the note on the site plan, "future property line". 5. COMMUNITY BENEFIT. Condominium unit 6, as indicated by the applicant, is a one bedroom unit that as an additional community benefit shall be made available to the school district for teacher housing. If a teacher is not available to purchase this unit, then the uni t shall be sold subject to the Town's Below Market Price Program. Teachers shall have the C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibD r\ord LGB14880-PDA.wpd 3 first right of refusal for the teacher unit. The BMP agreement shall be prepared by the developer, with input from the school district and Town staff, prior to the issuance of any permits. A deed restriction shall be recorded prior to the issuance of any building permits, stating that the BMP units must be sold,-, as below market priced units pursuant to th e Town's BMP requirements. The deed restriction shall also indicate theteacher priority fo r unit 6. 6. OFFICE USES. A maximum of nine doctors and/or dentists may occupy the office building based on the on-site parking. 7. ELEVATOR. The elevator shall be relocated to better serve the apartments. 8. DESIGN. Address the issues of territoriality, surveillance, safety and isolation with appropriate design of the apartments and their access to the common open space. 9. CONFIGURATION. Change lot 8 from a C unit to a B unit and switch one of the singl e family BMP units with unit 7 to allow a BMP unit and a larger for sale unit to be attached. 10.**ARCHAEOLOGICAL/CULTUR.AL RESOURCES MITIGATION-1. If cultural or archaeological resources are uncovered during project construction, all work must be halte d within a 50-foot radius of the find, the Community development Director shall be notifie d and a qualified archaeologist must be retained to examine the find, determine its significance and make appropriate recommendations. Project personnel shall not alter the materials or their context or collect cultural resources. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner/developer. 11.**ARCHAEOLOGICAL/CULTURALRESOURCES MITIGATION-2. If human remains are discovered, the Los Gatos Police Department and Santa Clara County Coroner shal l C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibDir\ord LGB14880-PDA.wpd 4 immediately be notified. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who woul d attempt to identify descendants of the deceased Native American. 12.* *ARCHAEOLOGICAL/CULTURALRESOURCES MITIGATION-3. If the Community Development Director, with advice from a qualified archaeologist, finds that th e archaeological find is not a significant resource, work would resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoin g monitoring are accepted. Provisions for identifying descendants of a deceased Nativ e American and for reburial would follow the protocol set forth in Appendix K of the CEQ A Guidelines. If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Planning Director for consideration and approval, in conformance with the protocol set forth in Appendix K of the CEQA Guidelines. The cost of the Town retaining, a qualified archaeologist shall be paid for by the propert y owner/developer. 13.**ARCHAEOLOGICAL/CULTURAL RESOURCES MITIGATION-4. A final report shall be prepared by a qualified archaeologist when a find is determined to be a significant archaeological site, and/or when Native American remains are found on site. The final report shall include background information on the completed work, a description and a list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. Identified cultural resources shall be recorded on DPR 523 (historic properties) forms. The cost of the Town retaining a qualifie d archaeologist shall be paid for by the property owner/developer. C:\Documents and Settings\MRasmuss\Local Settings\TempWCUbDir\ord LGB14880-PDA.wpd 5 14.**ARCHAEOLOGICAL/CULTURALRESOURCES MITIGATION-5. The Planning and Building Divisions of the Community Development Department shall be responsible for ensuring that the archaeological/cultural resources mitigation measures are implemente d appropriately during construction as the need arises. 15.SOLAR WATER SYSTEM: Each residence shall be pre-plumbed for a solar water heate r system prior to issuance of a certificate of occupancy. 16. SOLAR. During the Architecture and Site application process all new residences, to th e extent feasible, shall be designed to take full advantage of passive solar opportunities. 17.TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuanc e of a Building, Grading or Encroachment Permit. 18.RECYCLING. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company that will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 19.GARAGE DIMENSIONS. Minimum interior clear dimensions of two car garages shall be 20' x 20'. Minimum interior clear dimensions of one car garages shall be 11' x 20'. 20.BELOW MARKET PRICE (BMP) UNIT. The location of the BMP units shall be determined during the Architecture and Site approval process. The BMP unit building permits must have been issued prior to issuance of the last market rate unit building permit. 21.FENCING & PRIVATE YARDS. Fencing and private yard areas for the residences will be reviewed with the Architecture & Site application. 22. DEMOLITION. The demolition of existing residences and accessory structures shall not take place until the Planned Development has been approved by the Town Council. C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibD r\ord LGB14880-PDA.wpd 6 Building Division 23.**HAZARDOUS MATERIALS MITIGATION-1: Construction finish materials that are suspect for containing lead-based paint will be tested, and pending laboratory analysis, wil l not be subjected to any process that renders them friable unless proper engineering control s and worker protection procedures are initiated. 24.**HAZARDOUS MATERIALS MITIGATION-2: The Building Division will be responsible for ensuring that appropriate testing for lead-based paints is completed and recommendation s are properly implemented during construction. 25.UTILITIES. The developer must agree to install all utility service, including telephone, electric power, and other communications lines underground, according to Town policy. Cable television capability shall be provided to all new houses. 26.PERMITS REQUIRED. A building permit application shall be required for each proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary. 27.CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cove r sheet of the construction plan submitted for building permit. 28. SIZE OF PLANS. The maximum size of construction plans submitted for building permit s shall be 24 inches by 36 inches. 29. PLANS. The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer (Business and Professionals Code Section 5538). 30.DEMOLITIONREQUIREMENTS. Contact the Bay Area Air Quality Management District at (415) 771-6000 and complete their process as necessary before obtaining a demolition permit from the Town Building Department. As part of the permit application process a site plan shall be provided that includes all existing structures and existing utility lines such as C:\Documents and Settings\MRasmuss\Local Settings\Temp\M}.7abDir\ord LGB 14880-PDA.wpd 7 water, sewer, and P.G.&E. No demolition work shall be done without first obtaining a demolition permit from the Town. 31. HOUSE NUMBERS. Obtain addresses from the office of the Town Clerk. 32. SOILS REPORT. Two copies of 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. 33. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specifie d in the soils report and the building pad elevation and on-site retaining wall locations an d elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a.Pad elevation b.Finish floor elevation c.Foundation corner locations 34. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed to include the following features: a.Wooden backing (no smaller than 2 inches x 8 inches) shall be provided in al l bathroom walls at water closet, shower and bathtub locations, located at 34 inches from the floor to the center of the backing, suitable for the addition of grab bars. b.All passage doors shall be at least 32-inches wide on the accessible floor. C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibDir\ord LGB14880-PDA.wpd 8 c.Primary entrance shall have a 36-inch wide door including: a 5-foot by 5-foot level landing no more than one inch out of the plane with the immediate interior floo r level, with an 18-inch clearance at interior strike side. d.Door buzzer, bell or chime shall be "hard" wired. 35.TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IB and MF-IR shall be printed on the construction plans. 36.TITLE 24 ACCESSIBILITY- COMMERCIAL-1. On-site parking facilities shall comply with the latest California Title 24 Accessibility Standards. Work shall included not shall not be limited to building entrances from parking facilities and sidewalks. Accessibility parking shall be provided for at the covered and uncovered parking areas. 37.TITLE 24 ACCESSIBILITY - COMMERCIAL-2. On-site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but shall not be limited to, accessibility to building entrances from parking and sidewalks. 38.TITLE 24 ACCESSIBILITY- COMMERCIAL-3. The building shall comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect then confirmed by Town staff. 39.TITLE 24 ACCESSIBILITY-COMMONAREAS. On site common areas shall complywith the latest California Title 24 Accessibility Standards for disabled access. Work shall include but not be limited to sidewalks and curb cuts. 40.TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase 11 approved appliances per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 41.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 submitte d C:\Documents and Settings\MItasmuss\Local Settings\Temp\lvlXLiibDir\ord LGB14880-PDA.wpd 9 to the Building Official for approval prior to issuance of any building permits, in accordanc e with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be printed on the construction plans. 42. NON-POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (Size 24" x 36") is available at the Building Divisio n service counter. 43. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agencies approval before issuance of a building permit: a.West Valley Sanitation District 378-2407 b.Santa Clara County Fire Department: 378-401 0 c.Los Gatos School District: 395-5570 Note: Obtain the school district forms from the Town Building Department, after th e Building Department has approved the building permits. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 44. **HYDROLOGY AND WATER QUALITY MITIGATION-1. To the extent feasible, the project applicant shall incorporate best management practices for storm water qualit y protection both during and after construction. Measures could include directing runoff from parking lots and roofs to appropriate landscaping areas to allow pollutants to be reduced in the water that will eventually be discharged to Los Gatos and Ross Creeks. C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibDir\ord LGB14880-PDA.wpd 10 45.**HYDROLOGY AND WATER QUALITY MITIGATION-2. The Engineering Division of the Parks & Public Works Department will be responsible for reviewing and approvin g drainage plans. 46.**TRANSPORTATION & TRAFFIC MITIGATION-1. Outbound traffic at both project access points shall be stop-sign controlled. 47.**TRANSPORTATION & TRAFFIC MITIGATION-2. "No stopping anytime" signs shal l be installed on the light standards along the east side of the proposed private street. At least two "No stopping any time" signs shall be installed on the west side of the proposed privat e street between proposed homes 1 and 2. 48.**TRANSPORTATION & TRAFFIC MITIGATION-3. An arrangement shall be made that would allow visitors of the residential units to use the office parking during non-busines s hours (e.g. weekends and nights). However, no office-related parking shall be allowed in the residential area. 49.**TRANSPORTATION & TRAFFIC MITIGATION-4. Proposed parking for the offic e portion of the project shall meet minimum Town parking requirements. 50.**TRANSPORTATION & TRAFFIC MITIGATION-5. A minimum four-foot wide sidewalk with appropriate ramps shall be installed on at least one side of the proposed privat e street. 51.**TRANSPORTATION & TRAFFIC MITIGATION-6. The Engineering Division of the Parks & Public Works Department will be responsible for ensuring that the transportatio n and traffic mitigation measures are incorporated into the project design. 52.GRADING PERMIT. A grading permit is required for all on-site grading, erosion contro l and improvements (roadway, storm drainage, utilities, lighting, etc.). A separate application C:\Documents and Settings\MRasmuss\Local Settings\Temp \MXLibDr\ord LGBI4880-PDA.wpd 11 for a grading permit (with grading plans) shall be made to the Engineering Division of th e Parks & Public Works Department. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Unless specifically allowed by the Director of Parks & Public Works, the grading permit will be issue d concurrently with the building permit. 53.SOILS REPORT. Two copies of the soils and geologic report shall be submitted with th e grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosio n control. The reports shall be signed and "wet stamped" by the engineer, in conformance with Section 6735 of the California Business and Professions Code. 54.MAP APPROVALS. A tentative map approval is required. When approved, 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 report and appropriate fee. The map shall be recorded prior to the issuance of any construction permits. 55.TENTATIVE MAP. A Tentative Map shall be approved prior to submittal of the final map. The Development Review Committee may be the deciding body for the tentative map. 56.FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitte d to the Engineering Division of the Parks & Public Works Department for review an d approval. Submittal shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any permits are issued. 57.PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibD r\ord LGBI4880-PDA.wpd 12 engineer, reviewed and approved by the Town, and guaranteed by contract, Faithfu l Performance Security and Labor & Materials Security before the issuance of a buildin g 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. Los Gatos Blvd. Widen Los Gatos Boulevard approximately 7.5-fee beyond the widening required under PD-00-002. The intent of the widening is to align the curb on the project frontage with the curb adjacent to 14850 Los Gatos Boulevard. Provide curb, gutter, sidewalk, street lights, tie-in paving, signing, striping, storm drainage, water, fire, and sanitary sewers, as required. 58. PREVIOUS CONDITIONS. All previous Engineering conditions of approval associated with applications PD-00-002, S-01-14, and S-01-83 through S-01-95 still apply. 59. TRAFFIC. Traffic issues highlighted on page 15 of the May 8, 2001 TJKM Traffic Analysi s under "Site Access, Parking, & Internal Circulation" shall be addressed to the satisfactio n of the Director of Community Development and the Director of Parks and Public Works. 60. TURN LANE. As a community benefit, a turn lane be provided into the project site, through re-striping of Los Gatos Boulevard to the satisfaction of the Director of Public Works. 61. DEDICATIONS. The following shall be dedicated on the final map. The dedications shall be recorded before the issuance of any permits. a.Public Service Easement (PSE). All on-site roadways shall be within PSE'S. b.Ingress-egress, storm drainage and sanitary sewer easements, as required. c.Public right-of-way on Los Gatos Boulevard. 62. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by California registered civi l C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLiibD r\ord LGB14880-PDA.wpd 13 engineer, reviewed and approved by the Town, and guaranteed by contract, Faithfu l Performance Security and Labor & Materials Security before the issuance of a building permit or 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. Los Gatos Boulevard and Terreno de Flores curb, gutter, sidewalk, street lights, tie-i n paving, striping, storm drainage and sanitary sewers as required. 63.VTA RECOMMENDATIONS. The recommendations in the letter from the Santa Clara Valley Transportation Authority dated May 24, 2000 shall be incorporated into the project. 64.INSURANCE. One million dollars ($1,000,000)of liability insurance holding the Tow n harmless shall be provided in a format acceptable to the Town Attorney before recordation of the map. 65.TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulativ e development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the request for Certificate of Occupancy is made. The fee shall be paid before issuance of the Certificate of Occupancy. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the request for Certificate of Occupancy. 66.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid the building permit is issued. The traffic impact mitigation fee shall be calculated C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibDir\ord LGB14880-PDA.wpd 14 from the final plans using the rate schedule in effect at the time of the building permit application and shall be based on TJKM's revised traffic analysis. 67.FINAL CC&R'S. Final CC&R's shall be approved by the Town Attorney prior to recordation of the final map. The CC&R's shall include provisions for traffic circulation, and vehicle parking enforcement procedures. 68. LIGHTING. Final exterior lighting plans shall be reviewed with the Architecture & Sit e application. 69.GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the applicable Town ordinances. Adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of goods and materials on the sidewalk and/or 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. 70.PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Public Works Inspector at least twenty-four (24) hours before starting any work pertainin g 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. 71.GRADING INSPECTIONS. The soils engineer or his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit afinal grading report before occupancy/Certificate of Completion. C:\Documents and Settings\MItasmuss\Local Settings\Temp\MxLibDir\ord LGB 14880-PDAwpd 15 72.NON-POINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 73.UTILITIES. The developer shall install all utility service, including telephone, electric power, and other communications lines underground, as required by Town Cod e §27.50.015(b). Cable television capability shall be provided to all new residences. 74.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because o f developer's operations. Improvements such as, but not limited to, curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, or signs shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvements 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. 75.AS-BUILT PLANS. After completion of the construction of all work in the public right-of- way or public easements, the original plans shall have all changes (change orders and fiel d changes) clearly marked. The "As-built" plans shall again be signed and "wet-stamped" by the engineer who prepared the plans, attesting to the changes. The original "As-built" plan s shall be reviewed and approved the Engineering Inspector. A photo mylar of the approved "As-built" plans shall be provided to the Town before the release of the Faithful Performanc e Security. 76.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. C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibD r\ord LGB14880-PDAwpd 16 77. 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. 78. GRADING INSPECTIONS: The soils engineer or his/her qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy/Certificate of Completion. 79. 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: a.Retaining wall - top of wall elevations and locations; and b.Toe and top of cut and fill slopes 80. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. On sites over five (5) acres, a Notice of Intent (NOI) and Storm Water Pollution Prevention Pla n (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of an area an d stabilizing/building on an area if grading is allowed during the rainy season. In addition, fiber rolls, silt fences and erosion control blankets shall be stored on-site for emergency control, if needed. Install fiber berms, check dams, retention basins, silt fences, etc., as needed on the project site to protect down stream water quality during winter months. 81. SIDEWALK REPAIR. The developer shall repair and replace to Town standards any sidewalk damaged now or during construction of the project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Detail. The C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXLibD r\ord LGB14880-PDA.wpd 17 limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 82.CURB AND GUTTER. The developer shall repair and replace to Town standards any cur b and gutter damaged now or during construction of the project. New curb and gutter shall be constructed per Town Standard Detail. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 83.DRIVEWAY APPROACH. The developer shall install three (3) Town standard residential commercial driveway approaches. The new driveway shall be constructed per Town Standard Detail. Parks Division 84.**TREE MITIGATION-1. Replacement trees of a size and number adequate to mitigate the loss of existing mature trees shall be planted on the project site. The comprehensive landscape plan shall be reviewed as part of the Architecture & Site approval process. 85.**TREE MITIGATION-2. The Parks & Public Works Department will be responsible for reviewing and approving the comprehensive landscape plan. 86.NEW TREES. Newly planted and relocated trees shall be double-staked, using rubber tre e ties and shall be planted prior to acceptance of the subdivision or architecture and site approval as determined by the Parks Superintendent. The Redwood trees to be planted on the project site shall be minimum 36-inch box specimens. 87. STREET TREES. The trees to be planted on the inside of the sidewalk along Los Gatos Boulevard shall be Cork Oak(Quercus suber). C:\Documents and Settings\MItasmuss\Local Settings\Temp\MXLibDir\ord LGB 14880-PDA.wpd 18 88.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 nativ e trees and shrubs. 89.GENERAL. All existing trees shown on the plan are specific subjects of approval of thi s plan and must remain on site. 90.WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee of $472 shall be paid when the landscape, irrigation plans and water calculations are submitted for review. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 91.REQUIRED FIRE FLOW. Required fire flow is 3,500 GPM at 20 psi. residual pressure. 92.AUTOMATIC FIRE SPRINKLER SYSTEM. Buildings requiring a fire flow in excess of 2,000 GPM shall be equipped with an approved automatic fore sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standards #13.A copy of the Santa Clara County Fire Department "approved" underground fire servic e drawings shall be provided to the appropriate water company for record purposes, prior to installation. To prevent engineering delays, the underground contractor shall submit thre e sets of shop drawings designed per NFPA Standard 24 to the Fire Department along with a completed application and applicable fees for review as soon as possible. 93.FINAL REQUIRED FIRE FLOW. Required fire flow may be reduced up to 50% in buildings equipped with automatic fire sprinkler systems, but can be no less that 1500 GPM. Therefore, the final required fire flow of 1,750 GPM at 20 psi residual pressure shall b e available from any two hydrants on or near the site, provided that they have a maximum spacing of 250 feet. C:\Documents and Settings\MRasmuss\Local Settings\Temp\M LibDir\ord LGB14880-PDA.wpd 19 94.PUBLIC FIRE HYDRANT. Provide one (1) public fire hydrant at a location to be determined j ointlybythe Santa Clara County Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 250 feet with a minimum single flow of 1,500 gallons per minute at 20 psi. residual pressure. Prior to applying for building permits, provide civil drawings reflecting all fire hydrants proximal to the site. To prevent building permit delays, the developer shall pay all required fees to the water company as soon as possible. The existing fire hydrant located on Los Gatos Boulevard near the office development may need to be relocated to accommodate the new frontage design. Consult with the San Jose Water Company as early as possible to avoid design delays. 95.PRIVATE FIR HYDRANT. Provide one (1) private on-site fire hydrant installed per NFP A Standard 24, at a location to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet with a minimum single flow of 1,500 gallons per minute at 20 psi. residual pressure.Prior to design, the project civil engineer shall meet with the Fir e Department water supply officer to jointly spot the required fire hydrant location. 96.FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum width of 20 feet, vertical clearance of 1 3 feet six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, an d a maximum slope of 15 percent. Installations shall conform with Fire Department Standar d Details and Specifications A-1. 97.PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width (excluding the parking bays). Parking will be allowed along one side of the street for roadways 28-25 feet in width. For roadways with a width equal to or greater than 36 feet, C:\Documents and Settings\MRasmuss\Local Settings\Temp\MXL iibDir\ord LGB14880-PDA.wpd 20 parking will be allowed on both sides of the road. Roadway widths shall be measured face of curb to face of curb. Parking spaces are based on an eight-foot wide space. 98.FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installation shall also conform to Local Government Standards and Fire Department Standard Details & Specifications A-6. 99.TIMING OF REQUIRED INSTALLATIONS. The required fire services, fire hydrants and access road installations shall be in place, inspected, and accepted by the Fire Departmen t prior to the start of framing. Bulk construction materials shall not be delivered to the site until the hydrants and roadway have been accepted. Clearance for building permits will no t be given until such time as this requirement is addressed by the developer, to the satisfactio n of the Fire Department. During construction, emergency access roads shall be maintaine d clear and unimpeded. 100.PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so they are clearly visible and legible from the street or road fronting the property. Numbers shall be a minimum of four inches high and shall contrast with their background. 101.LANDSCAPE CLEARANCE. The landscape plan shall allow for proper clearance over th e required fire turnaround at the center circular drive (minimum of 13 feet six inches). Circulating radius of the first-due apparatus is 46 feet outside, 31 feet inside. The overall wheel base is 190 feet and the overall length is 36 feet. C:\Documents and Settings\MRasmuss\Local Settings\Temp\MJC.ibDir\ord LGB14880-PDA.wpd 21 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Lo s Gatos on January 17, 2006, and adopted by the following vote as an ordinance of the Town of Lo s Gatos at a meeting of the Town Council of the Town of Los Gatos on February 21, 2006. This ordinance becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: outi d- MAYOR OF THE TOWN OF LOS GATO S LOS GATOS, CALIFORNIA ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA C:\Documents and Settings \MRasmuss\Local Settings\Temp\MXLibDir\ord LGB14880-PDA.wpd 22