Ord 2130 - Amending Ordinance 2126 concerning the planned development at 14300-14350 Winchester BoulevardORDINANCE 213 0
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING ORDINANCE 2126 CONCERNING THE PLANNE D
DEVELOPMENT AT 14300-14350 WINCHESTER BOULEVARD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Ordinance 2126 for the Planned Development at 14300 & 14350 Winchester Boulevard as shown
on the map attached as Exhibit A is hereby amended as follows.
SECTION II
The amended PD (Planned Development Overlay) zone established by this Ordinance authorize s
the following construction and use of improvements:
1.Construction of a office/research and development (R&D) complex up to 120,000 square
feet, as shown in the conceptual development plans attached to Planned Developmen t
Ordinance 2126, and 290 residential apartments including 239 market rate and 51 Belo w
Market Price (BMP) units. The office/R&D complex may increase in size up to 160,000
square feet upon proof of a binding lease with an initial occupant for up to 80,000 squar e
feet for a corporate headquarters (as defined by the Institute of Traffic Engineers Traffi c
Design Manual) that generates sales tax to the Town of Los Gatos. The lease agreement
shall include provisions for a minimum of seven years on Building A with an option on
Building B.
2.
Landscaping, parking, and other site improvements shown and required on the Officia l
Development Plan (Exhibit B);
3.Uses permitted are residential, non-medical office and research and development (R&D),
subject to Section 29.80.085, and those uses specified in the underlying CM (Controlled
Manufacturing) zone by Sections 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 th e
adoption of this Ordinance, or as they may be amended in the future subject to an y
restrictions or other requirements specified elsewhere in this ordinance including, but no t
limited to, the Official Development Plan. Retail and a daycare center are also authorized
uses subject to approval of an architecture and site application to determine the location
and square footage of either use in a manner that is otherwise consistent with thi s
ordinance. However, no use listed in Section 29.20.185 is allowed unless specifically
authorized by this Ordinance.
4.
The office/R&D complex is limited to a maximum of four tenants.
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SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARD S
All provisions of the Town Code apply, except when the Official Development Plan specificall y
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 construction is
issued. Construction permits shall only be issued in a manner complying with Section 29.80.130 of the
Zoning Ordinance. A garage/foundation permit may be issued prior to approval of the Architecture & Sit e
application and approval of the Community Benefit Agreement.
SECTION V
The attached Exhibit A (Map) and Exhibit B (development plans received by the Town of Lo s
Gatos on April 14, 2004, 23 sheets), incorporated herein by this reference, are part of the Officia l
Development Plan. The development plans received by the Town of Los Gatos on December 4; 2003 are
still valid for the residential component of the project. The following must be complied with before
issuance of any grading, demolition 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
(A&S) application shall be required for the office/research and development (R&D) buildings,
apartment buildings, parking areas and landscape improvements. This application may be
approved by the Town's Development Review Committee. The A&S process shall not reduce the
number of apartment units below 290 or the office/R&D below the square footage authorized by
this Ordinance without the consent of the applicant.
2.OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual
in nature. Final footprints and building designs shall be determined during the architecture and sit e
approval process.
3.
BUILDING COMPOSITION. The office/R&D complex shall include any indoor conference
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facilities, cafeteria, fitness center or other amenities. The size and composition of the apartment
buildings shall be refined as part of the architecture and site approval process. The number of
rental units is 290.
4.BUILDING HEIGHT. The maximum height of the office buildings may be up to 55 feet,
exclusive of the tower elements. Staff shall work diligently with the applicant to reduce the nee d
for additional height above 49 feet six inches through the architecture and site and building pla n
check processes.
5.BELOW MARKET PRICE PROGRAM. The developer shall designate 51 of the residential unit s
as BMP rental units. A deed restriction shall be recorded prior to issuance of building permit s
stating that the BMP units must be rented as below market price units pursuant to the Town's BM P
requirements in place at the time of the Planned Development approval. The BMP units shall be
low income (less than 80% of median income). The unit mix identified in the January 20, 200 4
Desk Item to the Town Council may be modified to allow additional studio and one bedroom unit s
through the architecture and site review process.
6.COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town for
provision of the community benefits being offered with the project as listed in the letter from the
applicant dated May 14, 2003 (Exhibit A to the October 22, 2003 Report to the Plannin g
Commission). The agreement shall include details on the timing and implementation of each ite m
and shall be approved by the Town Council prior to issuance of any building permits for th e
project. A garage/foundation permit may be issued prior to the Town Council approval of th e
Community Benefit Agreement.
7.LANDSCAPING. The planting along Los Gatos Creek shall be riparian ground covers, understor y
vegetation and trees selected from the California Department of Fish & Game's Riparian
Vegetation List.
8.LANDSCAPE PLAN. The final landscape plan shall be reviewed by the Consulting Arborist as
part of the Architecture & Site approval process. All Tree Protection measures recommended b y
the Consulting Arborist shall be followed.
9.**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 t o
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 within a 50-foot radius of the find, the
Community Development Director shall be notified, and a qualified archaeologist must be retaine d
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. If
human remains are discovered, the Los Gatos Police Department and Santa Clara County Corone r
shall immediately be notified. The Coroner would determine whether or not the remains were
Native American. If the Coroner determines that the remains are not subject to his or her authority,
the Coroner shall notify the Native American Heritage Commission, who would attempt to identif y
descendants of the deceased Native American.
10.TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of
a Building, Grading or Encroachment Permit.
11.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
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company(s) accepting these materials, noting type and weight of material, shall be submitted to th e
Town prior to the Town's demolition inspection.
12.LIGHT RAIL EXTENSION. The developer shall participate and assist the Town in working with
the Santa Clara Valley Transportation Authority (VTA) in extending the light rail line from
Campbell to the project site.
13.PARKING. The minimum parking ratios for the project are 3.1 spaces/1000 square feet for the
office buildings and 1.8 spaces/unit for the apartments. The area between the office and residential
uses is identified as shared parking. Parking spaces may be removed to accommodate the future
light rail station, a sidewalk along the property frontage or other improvements deemed appropriat e
by the Director of Community Development provided that the number of spaces does not fal l
below the minimum levels. Any changes to the parking layout shall be first approved by the
Directors of Community Development and Parks & Public Works. Wheel stops may be used in
the parking garages where deemed appropriate and necessary for safety. Wheel stops shall not be
used in any surface parking areas. Parking spaces shall be double striped per Town standards.
14.RIPARIAN CORRIDOR. Riparian planting shall be on the creek side of the trail, and a drinkin g
fountain shall be included alongside the creek trail if permitted by the Santa Clara Valley Water
District.
15.
NETWORK ACCESS. Network access shall be provided in the outdoor common areas, to allo w
people to work outside.
16.PROJECT SIGNS. A sign program shall be proposed by the applicant and shall be reviewed an d
approved by the Director of Community Development prior to issuance of any sign permits for the
project. Any signs to be placed on the site, including a monument sign, building signs for both th e
office and residential components and directional signs shall be included. A freeway sign (a sign
erected for the dominant purpose of being seen by travelers on a freeway) may be allowed provided
that it is not backlit and is a tasteful and appropriate sign for the site. The Planning Commission
shall review the freeway sign.
17.PROJECT PHASING. The project may be phased as shown on the Phasing Plan included in
Exhibit B. Phase I includes one office building, the residential buildings and associated garages.
If the applicant/developer elects to build the project in phases, then the site(s) for future phase(s)
shall include provisions for landscaping and other attractive low maintenance improvements, an d
security and maintenance of the land to be developed under future phases. Significant changes to
the Phasing Plan may be approved through an Architecture & Site application.
18.ARCHITECTURAL DETAILS. The applicant shall continue to work with Planning staff and th e
Consulting Architect to refine the plans through the Architecture & Site review process. Building
elevations shall be refined as recommended in the Consulting Architect's report dated March 29,
2004. The applicant shall submit a final set of plans that includes all changes reflected in th e
conditions of approval.
Building Division
19.**GEOLOGIC MITIGATION MEASURE 4.3-1: Prior to issuance of any building permits,
project plans shall demonstrate compliance with 1997 Uniform Building Code requirements for
structural and seismic loads and recommendations made by Lowney Associates, as required by th e
Building Division.
20.
**GEOLOGIC MITIGATION MEASURE 4.3-2: The undocumented fill on the site shall be
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completely removed and replaced with engineered fill in order to minimize differential settlement,
and possible damage to the buildings. In addition, sheet piles that were left in place shall be cut
and removed during excavation activities.
21. **AIR QUALITY MITIGATION MEASURE 4.6-1. Construction activities shall comply with
the "Basic Control Measures" and applicable "Optional Control Measures" for dust emissions a s
outlined in the Bay Area Air Quality Management District CEQA Guidelines.
22. PERMITS REQUIRED: A building permit shall be required for the construction of each ne w
structure. Separate building permits are required for site retaining walls, swimming pools, etc;
separate electrical, mechanical, and plumbing permits shall be required as necessary.
23.
CONDITIONS OF APPROVAL. The Conditions of Approval shall be stated in full on the cover
sheet of the construction plan submitted for building permit.
24.
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).
25. 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. ALTERNATE: Design the foundation for an allowable soils 1,000
psf design pressure (Uniform Building Code Volume 2 - Section 1805).
26. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report and
the building pad elevation and on-site retaining wall locations and elevations are prepare d
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
27. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and
MF-IR shall be printed on the construction plans.
28. 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.
29. 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 facilities and sidewalks.
30. TITLE 24 ACCESSIBILITY - COMMERCIAL-3. The buildings shall comply with the latest
California Title 24 Accessibility Standards. Necessary work shall be first investigated by th e
design architect then confirmed by Town staff.
31. SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to th e
Building Official for approval prior to issuance of any building permits, in accordance with UB C
Section 106.3.5. Please obtain Town Special Inspection form from the Building Division Servic e
Counter. The Town Special Inspection schedule shall be printed on the construction plans.
32. 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.
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33. GARAGE EGRESS. The underground parking garage for Phase I of the project (office
component) shall have a secondary means of pedestrian egress to the satisfaction of the Buildin g
Official. Two means of egress shall be maintained until the completion of the phase two garage.
34. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agency
approvals before issuance of a building permit:
a.West Valley Sanitation District 378-2407.
b.Santa Clara County Fire Department: 378-401 0
c.Campbell Union High School District: 371-0960 (residential only)
Note: Obtain the school district forms from the Town Building Department, after the Building
Department has approved the building plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
35. **HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 4.4-3.
Note: the permit process and storm water management requirements have been updated since th e
EIR was prepared.
A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared prior to start of construction.
The SWPPP and project plans shall be reviewed by the Town Engineering staff, and any applicabl e
measures contained in the amended provisions C.3 and C.14 of Order 01-024 shall be incorporated.
The SWPPP shall be in conformance with the Santa Clara County NPDES Permit as amended b y
the San Francisco Bay Regional Water Quality Control Board (RWQCB) on October 17, 2001.
The SWPPP shall be approved concurrently with the grading, drainage and erosion control plan s
36. **TRANSPORTATION & TRAFFIC RECOMMENDATIONS:
a.The Winchester Boulevard driveway shall be striped as an exclusive left-turn lane plus a
shared through/right-turn lane. The northbound left-turn pocket at this intersection shal l
be lengthened to provide adequate storage as part of the intersection modification in
coordination with the Town of Los Gatos and Caltrans.
b.Pedestrian and bicycle facilities shall be provided at the Winchester Blvd. driveway and
along A Street to Knowles Drive. Safe railroad crossing points shall also be provided at
the Winchester driveway access. Sidewalks to accommodate both pedestrians and bicycles
shall be provided between the Winchester Boulevard/northbound SR 85 on-ramp/sit e
driveway intersection and the project site. In addition, any street improvements along the
Winchester Boulevard site frontage shall include or accommodate planned bike lan e
improvements as specified in General Plan Policy T.I.5.10. Feasibility of all off-site
measures will need to be determined by the Town and other agencies since the applican t
does not own the property where these improvements are recommended to be located.
c.The VTA and Town shall determine feasibility of the applicant providing th e
recommended bus stop on Winchester Boulevard, but maintenance responsibilities will b e
either the VTA's or Town's.
d.Since fiber optic cable facilities are located within the Union Pacific Railroad Company
right-of-way, the applicant shall contact Union Pacific before project construction to
determine whether such facilities could be affected by the project.
e.The proposed four-foot wide pedestrian path along the southern project boundar y
(connecting the creek trail and the future light rail station) shall be widened to provide a
multi-use trail connection between the creek trail and Winchester Boulevard/the futur e
light rail station. This trail shall be available to pedestrians and bicyclists.
37. **TRANSPORTATION & TRAFFIC RECOMMENDATIONS: The following provisions or
improvements shall be made:
a.Loading areas shall be designed to ensure the intended trucks can be accommodated.
b.Well-lighted pedestrian and bicycle paths between buildings, transit locations, and bicycl e
parking should be provided.
c.Bicycle racks should be provided for short-term visitor parking and bicycle lockers shoul d
be provided for project employees in accordance with VTA Guidelines.
38.
NOTICE OF INTENT. A Notice of Intent (NOI) shall be filed with the San Francisco Bay
RWQCB. A copy of the NOI shall be provided to the Town Engineering Division.
39. 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.
40. DEVELOPMENT AGREEMENT. The applicant shall enter an agreement to construct public
improvements in accordance with Town Code §24.40.020.
41. GRADING PERMIT. Permits are required for site grading and drainage. The grading permit
application (with grading plans) shall be made to the Engineering Division of the Parks & Publi c
Works Department located at 41 Miles Avenue. The grading plans shall include final grading,
drainage, retaining wall location, driveway, utilities, structural drawings for retaining walls, an d
interim erosion control. Grading plans shall list earthwork quantities and a table of existing an d
proposed impervious areas. A rough grading permit may be issued prior to architecture and sit e
approval and building permits. Unless specifically allowed by the Director of Parks and Public
Works, the fine 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 Division on E. Main Street is needed for grading within the building footprint.
42.
SCVWD APPROVAL. The following Santa Clara Valley Water District approvals shall b e
obtained prior to issuance of grading or encroachment permits:
a.Any grading or excavation proposed within 20 feet of its high pressure water line.
b.Any work within 50-feet of the top of the Los Gatos Creek bank or within the vicinity of
SCVWD water transmission facilities will also require a District permit. Evidence of such
permits shall be provided to the Engineering Division of Parks and Public Works. The
Town will not withhold permits if the applicant can show proof that SCVWD has no t
responded to a request for comments within 30 days of submittal.
43. RETAINING WALLS. A building permit, issued by the Building Division, is required for all site
retaining walls. In addition, site retaining wall plans shall also be submitted to the Engineering
Division of Parks and Public Works as part of the grading permit submittal. Engineering will
review the plans for construction clearances to property lines.
44. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit or publi c
improvement application, whichever is submitted first. The soils report shall include specifi c
criteria and standards governing site grading, drainage, pavement design, retaining wall design an d
erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6735 of the California Business and Professions Code.
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45. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the
final grading and drainage plans to ensure that designs for foundations, retaining walls, site
grading, and site drainage are in accordance with their recommendations and the peer review
comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by
letter or by signing the plans.
46. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations
and grading shall be inspected by the applicant's soils engineer prior to placement of concret e
and/or backfill so they can verify that the actual conditions are as anticipated in the design-leve l
geotechnical report, and recommend appropriate changes in the recommendations contained in th e
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 Tow n
before final release of any occupancy permit is granted.\
47. PUBLIC WORKS INSPECTOR. The applicant shall fund a full time public works inspector-a s
required during the earthwork and public improvement operations. The applicant will be charged
on a time and materials basis. A deposit for the full amount, to be estimated by the Town based
on the Contractor's approved schedule, shall be paid prior to issuance of the grading an d
encroachment permits.
48. PARCEL MAP. A parcel map shall be recorded. Two copies of the parcel 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. The map shall be
recorded before any building permits (excluding foundation permits) are issued.
49.
DEDICATIONS. Emergency Vehicle Access Easements (EVAE's) shall be dedicated on th e
parcel map. EVAE's shall encompass all on-site roadways.
50.
TRUCK ACCESS. Site design presented at Architectural and Site review shall accommodate a
WB-50 truck
51. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer.
Plans for those improvements shall be prepared by a California registered civil engineer, reviewe d
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 fo r
any new building can be issued. Public improvements shall include the following:
a.Winchester Boulevard/Highway 85 Intersection: Modify the intersection and the signal of
the main driveway with Winchester Boulevard. The Town and Cal Trans shall approve the
preliminary intersection and signal plans prior to start of final design by the applicant.
Intersection plans shall include improvements to the rail road crossing.
b.Winchester Boulevard: Entrance drive, railroad crossing, two street lights, tie-in paving,
signing, striping, access ramps, right turn pocket, bike lane, median modifications, a s
required.
c.A Street: Sidewalk between project and Knowles shall be provided. The developer shall
make a good faith attempt, to the satisfaction of the Public Works Director, to obtain
sidewalk rights from the adjacent property owner. In the event that such an effort fails, the
developer shall work with the Town to provide the walk within the existing right of way.
Details of provisions to be provided shall be addressed prior to issuance of an
encroachment permit.
52. ARBORIST REVIEW. The Town Consulting Arborist shall review and approve both the grading
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and public improvement plan sets prior to issuance of a grading or encroachment permit.
53.WINCHESTER SIDEWALK. The applicant shall contribute to the construction of sidewalk alon g
Winchester Boulevard when and if VTA elects to improve its right-of-way from Knowles Drive
to the project main driveway and does not propose a sidewalk as part of the improvements. The
applicant's contribution shall be proportional to their VTA frontage.Installation of the sidewalk
shall be contingent upon receipt of approvals from all applicable agencies.
54.TRAIL CONNECTION. The trail connection between the Los Gatos Creek Trail and Winchester
Boulevard shall be constructed by the developer. The trail shall be maintained by the developer
if the connection is provided through private property. The T own shall maintain the trail if the
facilities are constructed within either Santa Clara Valley Water District (SCVWD) property or
within land dedicated to the Town in a form approved by the Director of Parks and Public Works.
Should the trail be constructed within SCVWD property, the developer shall update the existin g
Joint Use Agreement between the Town and SCVWD prior to map recordation.
55.RAILROAD CROSSING MAINTENANCE. The portion of the Winchester driveway within th e
VTA right of way shall be maintained by the developer and VTA. The Town will not maintai n
new facilities within the VTA right of way.
56.INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town harmles s
shall be provided in a format acceptable to the Town Attorney before recordation of the parcel
map.
57.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL) The developer shall pay a fe e
proportional to the project's share of transportation improvement 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 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 $1,070,466. The final fee shall be calculated from
the final plans using the rate schedule in effect at the time of the building permit application, an d
shall be based on the net increase in trip generation as determined by the traffic analysis prepared
by Fehr and Peers.
58.
ECO PASS. Eco Pass stickers shall be provided for all full-time employees within the
development upon request. Proof of Eco Pass purchases shall be provided to the Town annually
59.
PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal o f
plans to the Engineering Division of the Parks and Public Works Department.
60.
INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any
Permit or recordation of the Final Map.
61.GENERAL. All public improvements shall be made according to the latest adopted Tow n
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 allowe d
unless a special permit is issued. The developer's representative in charge shall be at the job sit e
during all working hours. Failure to maintain the public right-of-way according to this conditio n
may result in the Town performing the required maintenance at the developer's expense.
62.ENCROACHMENT PERMIT. All work in the public right-of-way will require a Constructio n
Encroachment Permit. All work over $5,000 will require construction security.
63.
PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify th e
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Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-sit e
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.
64. 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 in order to insure prope r
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 Tow n
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 waterin g
to minimize the effects of blowing dust. All public streets soiled or littered due to thi s
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.
65. 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:
a.Retaining wall--top of wall elevations and locations
b.Toe and top of cut and fill slopes
66. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the
project Applicant shall complete a pavement condition survey documenting the extent of existin g
pavement defects using a 35-mm or digital video camera. The survey shall extend the full length
of the truck haul route within the Town limits. The results shall be documented in a report and
submitted to the Town for review.
67. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
pavement condition survey 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 proposed b y
the applicant. 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 prio r
to release of the occupancy permit.
68. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitte d
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 on an area if grading is allowed
during the rainy season. Interim erosion control measures, to be carried out during construction and
before installation of the final landscaping shall be included. Interim erosion control method shall
include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion contro l
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 wit h
applicable measures contained in the amended provisions C.3 and C.14 of Order 01-024 of the
amended Santa Clara County NPDES Permit.
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69.
SITE DRAINAGE. Stormwater detention facilities shall be provided to insure that post projec t
runoff is less than or equal to pre-development rates.
70.STORM DRAINAGE OUTFALL. The drainage outfall shall be televised prior to the architecture
and site submittal to verify that the existing facilities are in an acceptable physical condition. The
videotape shall be submitted to the Town Engineer for review and approval. In the event that the
facility is unacceptable, the architecture and site plans shall reflect the proposed improvements
needed to rehabilitate the outfall condition.
71.NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include a
filtration devices such as bio-swales and mechanical filters (i.e. Storm Septor) placed upstream of
the site discharge point.
72.SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home
owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis.
Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's stor m
drains.
73.UTILITIES. The developer shall install all utility services, including telephone, electric power an d
all other communications lines underground, as required by Town Code §27.50.015(b). All new
utility services shall be placed underground.
74.RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace al l
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 original condition. Existing
improvement to be repaired or replaced shall be at the direction of the Engineering Constructio n
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.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 determine d
by the Engineering Construction Inspector during construction of the project.
76.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 desig n
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.
77.AS-BUILT PLANS. After completion of the construction of all work, the original plans shall hav e
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.
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78. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitatio n
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.
79.
GREASE TRAPS. Meet all requirement of the Santa Clara County Health Department and Wes t
Valley Sanitation District for the interception, separation or pretreatment of effluent.
80. CONSTRUCTION NOISE. Between the hours of 7:00 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.
The Building Official may restrict construction activities between 7:00 am and 8:00 am weekdays.
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 measuremen t
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. The
Building Official and Town Engineer may allow modified construction hours for special activities.
81. SITE SECURITY. Prior to commencement of any site work or the introduction of any earth
moving equipment or building materials onto the site, the applicant shall insure that a temporar y
fence constructed of materials and located to the satisfaction of the Director of Community
Development has been constructed. This fence shall be in place as approved until the Director of
Community Development shall allow it to be removed or changed. The fence may only be
expanded or contracted in size upon approval of the Director of Community Development. Failure
to adhere to this condition of approval shall result in the permit being brought to the Plannin g
Commission for its review and introduction of stricter site and building construction regulations.
82. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of an y
site work, the general contractor shall:
a.Along with the project applicant, attend a pre-construction meeting with the Tow n
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 wil l
be posted on site at all times during constructio n
83. EARTH MOVEMENT PLAN. Prior to issuance of a Grading Permit, the applicant shall develop
an earth movement and management program under the supervision of a licensed soils engineer
for review and approval by the Engineering Division of the Department of Parks and Publi c
Works.
84. CONSTRUCTION MANAGEMENT PLAN. The Applicant 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. The Traffic Control Plan shall require that
construction traffic use the main driveway at Winchester/SR85 on ramp. Construction traffic
shall not be allowed on A Street without the express approval of the Town Engineer.
85. 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.
86.
SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job sit e
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at all times during construction.
87.CONSTRUCTION TRAFFIC CONTROL. The Applicant shall prepare a traffic control plan fo r
incorporation into the construction bid documents. The plan shall be submitted with the grading
permit application and is subject to the review and approval of the Town Engineer.
Parks Division
88.
GENERAL. All existing and newly planted trees, except those identified for removal, are specifi c
subjects of approval of this project and shall remain on the site.
89.TREE REPLACEMENT. Replacement trees of a size and number adequate to mitigate the los s
of existing mature trees shall be planted on the project site. The new trees shall be included on th e
comprehensive landscape plan to be reviewed as part of the Architecture & Site approval process.
90.NEW TREES. Newly planted and relocated trees shall be double-staked, using rubber tree ties an d
shall be planted prior to acceptance of the subdivision or architecture and site approval as
determined by the Parks & Forestry Superintendent.
91.
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.
92.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.
93.TREE PROTECTION FENCING. Tree protection fencing shall be placed at the drip lines of
existing trees to be retained in the areas of construction. Fencing shall be four foot high chain link
attached to steel poles driven two feet into the ground when at the dripline of a tree. If the fencing
is within eight feet of the trunk of a tree, a fence base may be used, as is typical in a chain lin k
fence is rented.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
94.HOSE VALVES/STANDPIPES. Buildings that are three or more stories in height or where
emergency access has been deemed minimal shall be equipped with standpipes designed per NFP A
Standard #14, and shall be equipped with 2½ inch hose valves. The locations of the 2½ hose
valves may be determined prior to development of the fire sprinkler plan. The existing Fire
Department connection shall be replaced with a device similar or equal to Potter Roemer Mode l
5776, four way, individually clappered connection. Domestic water shall not be fed from the fire
service line.
95.REQUIRED FIRE FLOW. Required fire flow is 5,750 GPM at 20 psi. residual pressure. The
applicant shall present a plan for fire flow and travel distance mitigation for Fire Department
approval prior to issuance of building permits.
96.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 designe d
per National Fire Protection Association (NFPA) Standards #13.
97.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 2,875 GPM at 20 psi residual pressure shall be available from any tw o
hydrants on or near the site, provided that they have a maximum spacing of 250 feet.
98.
PRIVATE FIRE HYDRANTS. Provide fire hydrants at locations to be determined by the Fire
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Department. Maximum hydrant spacing shall be 250 feet with a minimum single flow of 1,50 0
gallons per minute 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
location.
99.FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection, a "blue" dot shall be
placed in the roadway near each fire hydrant, as directed by the Fire Department.
100.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.
101.FIRE DEPARTMENT KEY BOX. The buildings shall be equipped with a permanently installe d
emergency access key lock box (knox) conforming to Fire Department Standard detail an d
Specification sheet K-1. Access keys shall be provided to the Fire Department at the time of final
inspection.
102.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 13 feet si x
inches, minimum circulating turning radius complying with Truck #5 specifications. Installations
shall conform with Fire Department Standard Details and Specifications A-1.
103.EMERGENCY VEHICLE TURNAROUND. Provide an approved Fire Department engine
roadway turnaround as may be required, with a minimum radius complying with Truck #5
specifications. Installations shall conform with the Fire Department Standard Details an d
Specification sheet A-1.
104.TIMING OF REQUIRED INSTALLATIONS. The required fire services, fire hydrants and access
road installations, up through the first lift of asphalt, shall be in place, inspected, and accepted b y
the Fire Department 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 not be given until such time as this requirement is addressed by the developer, to th e
satisfaction of the Fire Department. During construction, emergency access roads shall be
maintained clear and unimpeded.
105.PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so they
are clearly visible and legible from the streets or roads fronting the property. Numbers shall be a
minimum of four inches high and shall contrast with their background, and shall be illuminate d
for nighttime viewing.
106.INTERIOR COURTYARDS. The applicant shall provide a plan showing complying Fire
Department access to interior courtyards.
107.FIRE ACCESS. The applicant shall provide a plan showing alternate compliance to providing fire
access to buildings that exceed the 150' travel distance through an alternate method and material
application.
TO THE SATISFACTION OF THE POLICE CHIEF:
108.SECURITY REVIEW. The applicant shall meet with the Police Department to review th e
construction plans, and shall make any recommended design improvements needed for security,
crime prevention or safety. A security consultant will be hired at the applicant's expense to assist
the Town in the security review. The consultant will work at the direction of the Town.
109.SECURITY GUARD. A thorough security plan component shall be established between the
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developer and the Police Department. During the architecture and site review process the applican t
shall work with the Police Department and Security Consultant to develop an overall security pla n
to ensure appropriate security elements are incorporated into the project, and which may includ e
but is not limited to, security cameras, lighting, landscaping, access control and on-site securit y
personnel.
110.GARAGE LIGHTING. Lighting at garage entrances shall fully light the entry area. Interior garage
lighting shall be on 24-hours a day.
111.FENCING. There shall be a fence along the east property line adjacent to the Los Gatos Cree k
Trail.
112.PATHWAY LIGHTING. Path lights shall be provided along the trail from the Winchester Blvd.
entrance to the creek trail.
113.CREEK TRAIL LANDSCAPING. Landscaping along the creek trail shall be selected and planted
so that it does not provide a place where a person can be concealed. Low shrubs and/or non-dense
trees are recommended in this area.
114.OFFICE PARKING. The applicant shall notify the Police Department of any parking restriction s
for the surface space around the office buildings.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gato s
on April 23, 2004, and adopted by the following vote as an ordinance of the Town of Los Gatos at a
regular meeting of the Town Council on May 3, 2004. This Ordinance becomes effective 30 days after it
is adopted.
COUNCIL MEMBERS:
AYES:
Diane McNutt, Joe Pirzynski, Mayor Steve Glickman.
NAYS:
Sandy Decker
ABSENT:
None
ABSTAIN:
Mike Wasserman
SIGNED:
L
CLERK OF THE TOWN OF LOS A TO
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATO S
LOS GATOS, CALIFORNIA
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The map and development plans
(identified as Exhibits A and B)
are on file with the
Town Clerk's office