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Ord 2129 - Amending Zoning Ordinance effecting a zone change from CH to CH:PD at 15047 Los Gatos BoulevardORDINANCE 2129 ORDINANCE OF THE TOWN OF LOS GATO S AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM CH TO CH:PD AT 15047 LOS GATOS BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN A S FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning at 1504 7 Los Gatos Boulevard as shown on the map which is attached hereto marked Exhibit A and is par t of this Ordinance from CH (Restricted Commercial Highway) to CH:PD (Restricted Commercial Highway:Planned Development). SECTION II The amended PD (Planned Development Overlay) zone established by this Ordinanc e authorizes the following construction and use of improvements: 1. Demolition of the existing single-family home. 2. Construction of a medical office building with a gross building area up to 20, 00 0 square feet. 3. Landscaping, parking, and other site improvements shown and required on th e Official Development Plan (Exhibit B); 4.Uses permitted are medical, dental, administrative and professional office uses wit h retail/restaurant on the ground floor and, subject to Section 29.80.085, those uses specified in the underlying CH (Restricted Highway Commercial) zone by Section s 29.70.220 (Permitted Uses) and 29.20.185 (Table of Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or a s they may be amended in the future subject to any restrictions or other requirement s specified elsewhere in this ordinance including, but not limited to, the Officia l Development Plan. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance. 5. The medical office portion of the building is limited to a maximum of twelv e doctors. 6.Retail and/or restaurant uses are permitted on the ground floor that fronts on to Los Gatos Boulevard. This condition supercedes the floor plans of the Official Development Plan. 7. A separate Architecture and Site application is required for the building. 8. The area indicated as storage on the plans shall not be used for habitable space. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARD S All provisions of the Town Code apply, except when the Official Development Pla n specifically shows otherwise. SECTION IV Architecture and Site Approval is required before any construction work for the project i s performed, whether or not a permit is required for the work and before any permit for constructio n is issued. Construction permits shall only be issued in a manner complying with Section 29.80.130 of the Zoning Ordinance. 2 SECTION V The attached Exhibit A (Map) and Exhibit B (development plans received by the Town of Los Gatos on January 8, 2004, 9 sheets), incorporated herein by this reference, are part of the Official Development Plan. The following must be complied with before issuance of any grading, demolitio n or construction permits, unless otherwise stated: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1.ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site Application and approval shall be required for the medical/office building, parking areas and landscape improvements. This application may be approved by the Town's Development Review Committee with review by the Consulting Architect. 2.OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided is conceptual in nature. Final footprints and building designs shall be determined during the architecture and site approval process. 3. BUILDING SIZE. The size of the retail/office building shall be up to 20,000 gross floor area. 4.COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town fo r provision of the community benefits being offered with the project. The agreement shall include details on the timing and implementation of each item and shall be approved by th e Town Attorney and the Director of Community Development prior to issuance of any building permits for the project. 5.LANDSCAPE PLAN. The final landscape plan shall be reviewed by the Consulting Arboris t as part of the Architecture & Site approval process. All Tree Protection measures recommended by the Consulting Arborist shall be followed. 6.**CULTURAL RESOURCES MITIGATION MEASURE 4.8-1. If it is demonstrated that there are intact deposits of significant archaeological materials, a plan for the mitigation of impacts to these resources shall be submitted to the Planning Division for approval prior to resumption of construction activities in the area of identified deposits. If cultural or archaeological resources are uncovered during construction, all work must be halted withi n a 50-foot radius of the find, the Community Development Director shall be notified, and a qualified archaeologist must be retained to examine the find, determine its significance an d 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 archaeologis t shall be paid for by the property owner/developer. If human remains are discovered, the Los Gatos Police Department and Santa Clara County Coroner shall immediately be notified. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shal l notify the Native American Heritage Commission, who would attempt to identif y 3 descendants of the deceased Native American. 7.TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuanc e of a Building, Grading or Encroachment Permit. 8.RECYCLING. All wood, metal, glass, and aluminum materials generated from th e 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. 9.PARKING. The minimum parking spaces required for the project is 75. Up to 3 parking spaces may be removed to accommodate the future ingress/egress easement. Any changes to the parking layout shall be first approved by the Directors of Community Developmen t and Parks & Public Works. 10.ARCHITECTURAL DETAILS. The applicant shall work with Planning staff and the Consulting Architect to refine the plans through the Architecture & Site review process. 11.STORAGE AREA: The applicant shall file a deed restriction stating the area designated a s storage remain non-habitable space and unoccupied by a tenant. 12.**BIOLOGICAL RESOURCES MITIGATION MEASURE: The project applicant shall be required to implement the 22 recommendations made in the Arbor Resources Report date d August 23, 2003 13.**CULTURAL RESOURCES MITIGATION MEASURE In the event that archaeological traces are encountered, all construction within a 50-meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retaine d to examine the find and make appropriate recommendations. 14.**CULTURAL RESOURCES MITIGATION MEASUREf human remains are discovered, the Santa Clara County Coroner shall be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subjec t to his authority, he will notify the Native American Heritage Commission, who will attempt to identify descendants of the deceased Native Americans. 15.**CULTURAL RESOURCES MITIGATION MEASURE A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Nativ e American remains are found on the site. The final report will include background information o the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, an d conclusions. Building Division 16 PERMITS REQUIRED. A building permit application shall be required for each propose d structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary. 17.CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover sheet of the construction plan submitted for building permit. 18.SIZE OF PLANS. The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 19.PLANS. The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer (Business and Professionals Code Section 5538). 4 20. DEMOLITION REQUIREMENTS. Contact the Bay Area Air Quality Management District at.(415) 771-6000 and complete their process as necessary before obtaining a demolitio n 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 water, sewer, and P.G.&E. No demolition work shall be done without first obtaining a demolition permit from the Town. 21. 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. 22. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations 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 location s 23. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and MF-IR shall be printed on the construction plans. 24. TITLE 24 ACCESSIBILITY - COMMERCIAL-1. On-site parking facilities shall comply with the latest California Title 24 Accessibility Standards. Accessibility parking shall be provided for in both covered and uncovered parking areas. 25. TITLE 24 ACCESSIBILITY - COMMERCIAL-2. On-site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but shall not be limited to, accessibility to building entrances from parking and sidewalks. 26. TITLE 24 ACCESSIBILITY - COMMERCIAL-3. The buildings shall comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect then confirmed by Town staff. 27. 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 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 Buildin g Division Service Counter. The Town Special Inspection schedule shall be printed on th e construction plans. 28. NON-POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet is available at the Building Division service counter. 29. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agency approvals before issuance of a building permit: a.West Valley Sanitation District 378-240 7 b.Santa Clara County Fire Department: 378-4010 c.Campbell Union High School District: 371-0960 Note: Obtain the school district forms from the Town Building Department, after th e Building Department has approved the building plans. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 30.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 an d proposed impervious areas. Unless specifically allowed by the Director of Parks and Publi c 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 th e Building Department on E. Main Street is needed for grading within the building footprint. 31.AGENCY APPROVALS. Letters from SJW, WVSD, and joint trench occupants in the Los Gatos Boulevard planting strip indicating plan review and approval shall be provided prio r to issuance of any permit. 32.PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civi l 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. Curb and gutter, tie-in paving, signing, striping, storm drainage, sanitary sewers, decorative paving, landscaping and irrigation as required. Remove the existing driveway apron and replace curb and gutter at existing curb cut. 33.MAINTENANCE AGREEMENT. The applicant shall enter into an agreement with th e Town for maintenance of all improvements (paving and landscape) within the Burton an d Los Gatos Boulevard right-of-ways prior to issuance of any permit. 34.**TRAFFIC MITIGATION. A two-way left-turn lane shall be installed on Los Gatos Boulevard to not only serve as a refuge lane, but also to provide storage for vehicles waitin g to turn left into the project driveway. The two-way left-turn lane also would benefit vehicle s turning left to or from the east side of los Gatos Boulevard across the street from the project site. 35. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication shall be recorded before any permits are issued. a.Los Gatos Blvd. A public access easement encompassing the sidewalk locate d outside of the public right of way shall be granted.. A Town standard indemnity agreement shall also be required. The sidewalk and street trees will be privately maintained. b.Ingress-egress easement. A 25 foot wide ingress-egress easement, located between the eight foot wide planting strip and the back of Public access easements shall b e provided over the front drive aisle to continue the "frontage road". Future work may be required to accommodate this easement. 36.FUTURE EASEMENT DEDICATION. The applicant shall record an agreement to dedicate a public access easement along the south drive aisle / automobile ramp and a public utility easement when and if needed to allow future access and utility connections to the North 40 property. This agreement shall be recorded prior to issuance of any permit. 37.RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, is required for all site retaining walls. Walls are not reviewed, approved, or inspected by the Engineering Division of Parks and Public Works during grading permit revie w process. 38.SOILS REPORT. One copy of the soils report shall be submitted with the grading permi t application. The soils report shall include specific criteria and standards governing sit e grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Sectio n 6735 of the California Business and Professions Code. 39.SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall revie w 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 pee r review comments. The applicant's soils engineer's approval shall then be conveyed to th e Town either by letter or by signing the plans. 40.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 i n the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letter/report prepared by the applicants soils engineer and submitted to the Town before final release of any occupancy permit is granted. 41.CERTIFICATE OF LOT LINE ADJUSTMENT. A Certificate of Lot Line Adjustment shall be recorded. 42.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a 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 Tow n Council resolution in effect at the time the building permit applications is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $85,200. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of th e building permit application, using a trip generation rate based on medical office use. 43.LARK/LOS GATOS TRAFFIC MITIGATION. The applicant shall contribute his fair share (proportional to the project impact) of the following intersection improvements at th e Lark/Los Gatos Boulevard intersection: (1) The eastbound Lark Avenue approach shall be changed to provide three eastbound left-turn lanes (two exclusive left-turn lanes and on e shared left-through); and (2) the westbound receiving (departure) lanes on Lark Avenue shall be re-striped to facilitate the merging of the left-turning vehicles (from the two northboun d lanes) and the southbound right turning vehicles. 7 44. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear 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 wil l 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. 45. 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. 46. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify th e Engineering Inspector at least twenty-four (24) hours before starting an work pertaining t o 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 ow work that went on without inspection. 47. 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 th e following items: c.Retaining wall--top of wall elevations and location s d.Toe and top of cut and fill slopes 48. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department.A maximum of two weeks is allowed between clearing of an area and stabilizing/building o n an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seedin g 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, and erosion control plans shall be in compliance with applicable measure s contained in the amended provisions C.3 and C.14 of Order 01-024 of the amended Sant a Clara County NPDES Permit. 49. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks and bio-swales. Direct storm drain connections will be allowed if a mechanical filter device such as a stor m septor is constructed at each system outfall. 50. HYDROLOGY. The storm pipe and pump station shall be designed to convey the 10-year storm (without surcharge) based on Santa Clara County calculation methods. The applicant shall provide evidence that the existing storm drainage system within Los Gatos Boulevar d has adequate capacity to convey project runoff. In the event that sufficient capacity is not available, the applicant shall either upgrade the existing facilities to provide the necessar y capacity, or provide on-site detention such that project discharges do not cause offsit e flooding. 51. EMERGENCY BACKUP POWER SOURCE. An emergency backup power source shall be provided for both the storm drainage and sanitary sewer pump stations. 8 52.FUTURE GRAVITY CONNECTIONS. Gravity storm drainage and sanitary sewer line s shall be stubbed to the western property line for potential future connection to North 4 0 utility systems. 53.SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor an d home owner to make sure that all dirt tracked into the public right-of-way is cleaned up o n a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed int o the Town's storm drains. 54.UTILITIES. The developer shall install all utility services, including telephone, electri c power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 55.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, etc. shall be repaired and replaced to a condition equal to or better than the origina l 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 Acces s provisions. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 56.CURB AND GUTTER. The developer shall repair and replace to existing Town standard s 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. 57.DRIVEWAY APPROACH. The developer shall install 1 Town standard commercial driveway approach. The new driveway approach shall be constructed per Town Standar d Details. 58.AS-BUILT PLANS. After completion of the construction of all work, the original plan s 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 i s released. The AutoCAD file shall include only the following information and shall confor m 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 b e submitted in AutoCAD version 2000 or higher. 59.SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. 9 60.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-fiv e (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 devic e as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 61.ASSESSMENT DISTRICT. The applicant and/or successor property owners shall participate in a future assessment district when and if formed to mitigate "North Forty" infrastructure impacts. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 62. REQUIRED FIRE FLOW. Required fire flow is 3,750 GPM at 20 psi. residual pressure. 63.AUTOMATIC FIRE SPRINKLER SYSTEM. Buildings requiring a fire flow in excess of 2,000 GPM shall be equipped with an approved automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standards #13. 64. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection, a "blue" dot shal l be placed in the roadway near each fire hydrant, as directed by the Fire Department. 65.FIRE HYDRANT REQUIRED. Provide 1 off-site fire hydrant on Los Gatos Boulevard an d 1 on-site fire hydrant installed per NPFA std #24, at location to be determined by the Fir e Department. Maximum hydrant spacing shall be 250 feet, with a minimum acceptable flo w of 1,000gpm at 20 psi residual pressure. The applicant should consult with the San Jos e Water Company at their earliest opportunity. 66.TIMING OF REQUIRED INSTALLATIONS. The required fire services, fire hydrants shal l be tested and accepted by the Fire Department prior to the start of framing. Bulk construction materials shall not be delivered to the site until the hydrants and roadway hav e been accepted. Clearance for building permits will not be given until such time as thi s requirement is addressed by the developer, to the satisfaction of the Fire Department. 67.FIRE APPARATUS ACCESS ROADS REQUIRED. Provide access roadways with apaved 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 with Fire Department Standard Details ans Specifications sheet A-1. 68.ON-SITE PRIVATE FIRE SERVICE MAINS/HYDRANTS. Installation of private fire service mains and/or fire hydrants shall conform to NFPA standard #24 and Fire Department Standard Details and Specification W-2. If the supply piping is "combined" (sprinkler system and hydrants) a U.L approved 4-way FDC shall be provided. A Separate Installation permit from the fire department is required. 10 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Lo s Gatos on March 15 , 2004, 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 April 5, 2004 and takes effec t 30 days after it is adopted. COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATO S LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS., CALIFORNIA 11 The map and development plans (identified as Exhibits A and B) are on file with the Town Clerk's office