Ord 2157 - Amending the Zoning Ordinance effecting a zone change from R-1:8 to R-1:8:PD at 15881 Linda Avenue and a portion of 15950 Stephenie Lane[0 WIT MM041BFF77
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE
CHANGE FROM R-1:8 TO R-1:8:PD AT 15881 LINDA AVENUE
AND A PORTION OF 15950 STEPHENIE LANE
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
15881 Linda Avenue and a portion of 15950 Stephenie 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, 1 to 5 dwelling units per acre), to R-1:8:PD ((Single Family Residential, 1 to 5
dwelling units per acre, Planned Development).
SECTION 11
The PD (Planned Development Overlay) zone established by this Ordinance authorizes
the following construction and use of improvements:
1. Demolition of a single-family residence and a nonpermitted second dwelling unit;
2. Construction of seven single family residences; and
3. Landscaping, streets, parking, open space and other site improvements shown and
required on the Official Development Plan.
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4. Uses permitted are those specified in the underlying R-1 (Single Family
Residential) zone by Sections 29.40.385 (Permitted Uses) and 29.20.185
(Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of
the adoption of this Ordinance, or as they may be amended in the future, subject
to any restrictions or other requirements specified elsewhere in this ordinance
including, but not limited to, the Official Development Plan. However, no use
listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval is required before the demolition of the single family
residence and construction work for the new dwelling units, whether or not a permit is required
for the work and before any permit for construction is issued. Construction permits shall only be
in a manner complying with Section 29.80.130 of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans, 30 sheets), are part of
the Official Development Plan. The following must be complied with before issuance of any
grading, demolition or construction permits:
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TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official Development
Plans and this ordinance establish the allowed uses and intensity of development. The
Official Development Plans are conceptual in nature such that minor deviations may be
approved through the Architecture and Site approval process if necessary to achieve
architectural excellence. The Development Review Committee shall be the deciding
body of the Architecture and Site applications.
2. BMP. Prior to final occupancy of each unit, the applicant shall pay the Below Market
Price (BMP) as established by Town Council Resolution.
3. HOUSE SIZE. The footprint and size of each house shall be determined during the
Architecture and Site approval process.
4. LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture
and Site approval process.
5. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the
issuance of a Building, Grading or Encroachment Permit.
6. RECYCLING. All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
7. *ARCHAELOGICAL. In the event archaeological traces are encountered, all
construction within a 50 meter radius of the find shall be halted, the Director of
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Community Development shall be notified and an archaeologist shall be retained to
examine the find and make appropriate recommendations.
8. *NATIVE AMERICAN REMAINS. If human remains are discovered, the Santa Clara
County Coroner shall immediately be notified. The Coroner will 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 identify descendants of the deceased Native
American.
9. *ARCHAEOLOGICAL FIND. If the Director of Community Development finds that
the archaeological find is not a significant resource, work will resume only after the
submittal of a preliminary archaeological report and after provision for reburial and
ongoing monitoring are accepted. Provisions for identifying descendants of a deceased
Native American and for reburial will follow the protocol set forth in Section 15064.5 of
the CEQA Guidelines. If the site is found to be a significant archaeological site, a
mitigation program must be prepared and submitted to the Director of Community
Development for consideration and approval, in conformance with the protocol set forth
in Public Resources Code Section 21083.2.
10. *FINAL ARCHAEOLOGICAL REPORT. A final report shall be prepared at the
applicant's cost when a find is determined to be a significant archaeological site and/or
when Native American remains are found on the site. The final report shall include
background information on the completed work, a description and list of identified
resources, the disposition and curation of these resources, any testing, other recovered
information, and conclusions.
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11. *NESTING. If land clearing, grading, tree and brush removal, tree trimming or
demolition activities are to occur during nesting season (i.e., between February 1 and
August 15), a preconstruction survey for nesting migratory birds shall be conducted by a
qualified biologist from one to four weeks prior to the initiation of work. In no nesting
birds are observed, work may proceed. If work is delayed more than four weeks from the
date of the survey, and it is still within the nesting season, the pre -construction survey
shall be repeated.
12. * ACTIVE NESTS. If occupied active nests of a migratory bird species are identified, a
suitable buffer shall be established around the nest tree. Work within the buffer zone
shall be prohibited until August 15th or until the young have fledged, as determined by
the project biologist. The dimensions of each buffer zone shall be determined by the
biologist in consultation with the CDFG. Buffer zones vary depending on the species and
site topography, with passerines typically requiring 75 to 100 feet and raptors 200 to 500
feet.
13. *TREE REMOVALS — CDFG. To comply with the California Fish and Game Code, the
project proponent shall consult with the CDFG prior to removal of the following trees:
Tree#1 Species DBIf
61 coast live oak
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63 black walnut
5
65 coast live oak
8
66 coast live oak
5.5
69 willow
7
78 willow
8
94 coast live oak
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1 For tree locations, please refer to Sheet
L-2 of project plans
2 Diameter at breast height
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The following measures shall be implemented to ensure restoration and
enhancement of the riparian habitat on Ross Creek:
a. Remove the non-native trees from within the riparian corridor, which have
been identified by the project's arborist and accepted by the Town's
Consulting Arborist.
b. Remove the cape ivy from within the riparian corridor.
c. Incorporate non-native species management into the Homeowners Association
Codes, Covenants & Restrictions. This will include on-going eradication of
cape ivy and follow up removal of non-native tree and shrub re -sprouts.
d. Install native riparian tree and shrubs species in gaps within the riparian
corridor and within the riparian setback (Figure 2 of the Riparian
Enhancement Plan). Special care must be taken to not plant trees within the
10 -foot wide sanitary sewer easement, which runs through the existing
riparian corridor. The proposed riparian trees on Sheet L-1 of the Landscape
Plan are acceptable species to be planted in this area. If California sycamore
(Platanus racemosa) is included in the final planting plan, special care should
be taken to confirm that the trees are NOT propagated from California
sycamores that have hybridized with the London plane tree. Additional shrub
species that could be added to the final planting plan include, coffeeberry
(Rhamnus californica), snowberry (Symphoricaipos albus), California
blackberry, (Rubus ursinus), and California rose (Rosa californica).
e. All street and outdoor residential lighting will be directed downward or away
from the riparian corridor.
f. Install a split rail fence along the proposed garden walls to discourage human
intrusion within the riparian corridor.
g. As shown in the Landscape Plan, incorporate bioswales for water treatment
prior to discharge into the creek. The bioswales will be located outside the 10 -
foot wide storm sewer easement (Figure 2 of the Riparian Enhancement Plan).
The bioswales will be vegetated with native bunch grasses and will have
outfalls designed in accordance with Design Guide 12 — Outfall With Rock
Slope Protection, of the Santa Clara Valley Water District's Water Resources
Protection Manual.
14. *REPLACEMENT TREES IN CORRIDOR. To the extent feasible, replacement
plantings (in accordance with the Town of Los Gatos' Tree Protection Ordinance) shall be
placed within the riparian corridor and consist of native species.
15. *NON-NATIVE REMOVALS. The project proponent shall remove existing invasive
non-native plants within the riparian corridor. Specifically, Tasmanian blue gum (tree
#92), silver wattle (trees #80 and 87) cherry plum (tree #68), Japanese privet (tree #83),
and Peruvian pepper (tree #67).
16. *CONSTRUCTION NEAR RIPARIAN HABITAT CORRIDOR. All construction
related activities shall avoid the riparian habitat corridor, to the maximum extent feasible.
Riparian habitat shall be designated as a sensitive area and clearly shown on construction
plans. Orange construction fencing shall be installed prior to issuance of a grading or
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building permit, wherever there is a risk of vehicles or equipment accidentally impacting
riparian vegetation. All access/travel routs, staging areas, and equipment maintenance
areas shall be located outside of riparian habitats.
17. *REPLANTINGS IN CORRIDOR. Only native tree and shrub species indigenous to
western Santa Clara may be planted within the riparian corridor. All proposed plantings
shall be reviewed and accepted by CDFG and SCVWD.
18. * INVASIVE PLANTS. The project sponsor shall avoid planting ornamental species
reported by the California Invasive Plant Council to have the potential to be invasive.
Species on this list that can spread by windborne seed shall be prohibited from use in
landscaping and shall be noted in the CC&R's.
19. *ARBORIST REPORT. The applicant shall implement the 29 recommendations
provided by the Town's Consulting Arborist, Arbor Resources, in the report dated
February 5, 2007. These recommendations are included as Attachment 1 of the Initial
Study.
20. BLUE OAK TREE. During the Architecture and Site approval process, the applicant
shall work with the Town's Consulting Arborist, at the applicant's expense, to reassess
the condition of the Blue Oak tree and to evaluate whether or not the tree can be saved
and that it will not be a hazard.
21. *MINIMIZE VISIBILITY. One of the following measures shall be required to minimize
the visibility of the proposed house on Lot 1 from the existing house at 15900 Rochin
Terrace. The measures are in order of preference. If the first measure is determined to be
not feasible, the next measure is required and so on. 1) Reconfigure the design of the
residence proposed for Lot 1 to accommodate a buffer landscape strip along the eastern
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edge of the building envelope for this lot. 2) Adjust the site plan layouts of Lots through
3 to provide sufficient area for buffer landscape plantings along the eastern Lot 1
property line; or 3) Offer to plant buffer landscaping on the adjoining property owner's
lot to the east (15900 Rochin Terrace).
22. *GOOD NEIGHBOR FENCE. The proposed six foot high, solid wood "Good Neighbor"
fence along the east side of Lot 1 and south side of Lot 5 shall be constructed as early as
possible (prior to project grading activities if possible) to help reduce construction noise
at existing adjacent residences.
23. CC&R's. CC&R's shall include a statement regarding the responsibilities of living next
to a riparian corridor and the limitations of the rear yards for Lots 1 through 4. The
CC&R's shall be reviewed and accepted by the SCV WD.
24. DEED RESTRICTION. Prior to final occupancy, deed restrictions shall be recorded for
Lots 1 through 4 at the applicant's expense, which discuss the responsibilities of living
next to a riparian corridor and the limitations of the 30 foot setback for Lot 4.
25. FENCING. Prior to final occupancy, a low open design fence shall be installed on top of
the garden walls along the creek. The final fence designs shall be reviewed during the
Architecture and Site approval process.
26. TREE REPLACEMENTS ALONG CREEK. During the Architecture and Site approval
process, the applicant shall work with Town staff, SCVWD and CDFG to determine the
location, size and species of native trees and shrubs that can be planted in the riparian
corridor and buffer zone to create a new screen.
27. GARAGES. The garages on Lots 1 and 2 shall be designed during the Architecture and
Site approval process to be deeply recessed.
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28. RELOCATION OF REAR PROPERTY LINES. During the subdivision application
process, the rear property lines of the properties along the creek shall be aligned with the
proposed garden walls. The portion beyond the walls shall be incorporated with the
common area parcel.
29. GARDEN WALLS. The proposed garden walls along the creek shall be less than four
feet in height and shall be located along the property line for the parcels adjacent to the
creek. The garden walls shall be extended along the entire length of the properties along
the creek. The side property line fence shall cease at the garden wall and shall not
extend beyond the property towards the creek. The stairs beyond the garden walls shall
also be eliminated. These modifications shall be shown on the plans for the Subdivision
and Architecture and Site applications.
30. WILLOW TREES. Trees #70,74,75,77,79 and 90 shall not be removed unless CDFG,
RWQCB and a biological consultant determine otherwise.
31. IMPERVIOUS SURFACE. The amount and location of the impervious surfaces in the
backyards of the houses facing the creek, (Lots 1 through 4), shall be designed during the
Architecture and Site approval process to not impact the creek.
(Building Division)
32. PERMITS REQUIRED: A building permit shall be required for the seven proposed
dwelling units and the demolition of any structure(s).
33. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the
cover sheet of the construction plans submitted for a building permit.
34. SIZE OF PLANS: The maximum size of construction plans submitted for building
permits shall be 24" x 36".
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35. PLANS: The construction plans for this project shall be prepared under the direct
supervision of a licensed architect or engineer. (Business and Professionals Code Section
5538)
36. DEMOLITION REQUIREMENTS: Contact Town of Los Gatos Building Counter
technicians for demolition requirements and complete the process before obtaining a
building permit for demolition of such work.
37. *LEAD-BASED PAINT. A state certified lead-based paint professional shall be retained
to perform a lead-based paint survey of the existing structures and the recommendations
of the professional shall be followed for abatement of any identified lead-based paint
prior to demolition of the structures.
38. *HAZARDOUS MATERIALS. The identified hazardous materials being stored on site
shall be carefully removed prior to demolition and grading, and legally disposed of in
accordance with local, county and state regulations.
39. HOUSE NUMBERS: The developer shall submit requests for additional house numbers
prior to the building permit application process.
40. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residences shall be
designed with adaptability features for single-family residence per Town Resolution
1994-61.
a. Wooden backing (no smaller than 2" x 8") shall be provided in all
bathroom walls, at water closets, showers and bathtubs located at 34" from
the floor to the center of the backing, suitable for the installation of grab
bars.
b. All passage doors shall be at least 32" wide on accessible floor.
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C. Primary entrance shall have a 36" wide door including, a 5"x5" level
landing, no more than 1" out of plane with the immediate interior floor
level, with an 18" clearance.
41. 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.
42. 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 regaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. Pad elevation
b. Finish floor elevation
C. Foundation corner locations
43. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -
1R and MF -1R.
44. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase If approved
appliances as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of
chimneys.
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45. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permits,
in accordance 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 blue -lined on the construction plans.
46. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification shall be part of the plan
submittal. The specification sheet is available at the Building Division Service Counter.
47. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development Department
b. Parks and Public Works Department
c. West Valley Sanitation District: 378-2407
d. Santa Clara County Fire Department: 378-4010
C. * Santa Clara Valley Water District
f. California Regional Water Quality Control Board
g. *California Department of Fish and Game
h. U.S. Army Corps of Engineers
i. Los Gatos Union School District
Note: Obtain the school district form from the Town Building Service Counter after the
Building Division plan check has approved the plans.
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
48. BIO-SWALE — Bio swales shall be located outside of the riparian buffer zone.
49. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
50. 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.
51. *GEOTECHNICAL INVESTIGATION. Geotechnical investigations shall be conducted
for this project to determine the potential for surface fault rupture on the site. The
geotechnical study shall provide recommendations for site grading as well as the design
of foundations, retaining walls, concrete slab -on -grade construction, excavation,
drainage, on-site utility trenching and pavement sections. The project shall incorporate
all recommendations of the investigation in order to minimize the potential impacts
resulting from regional seismic activity and subsurface soil conditions on the site.
52. 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
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table of existing and proposed impervious areas. Unless specifically allowed by the
Director of Parks and Public Works, the grading permit will be issued concurrently with
the building permit. The grading permit is for work outside the building footprint(s). A
separate building permit, issued by the Building Department on E. Main Street is needed
for grading within the building footprint.
53. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre -construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions
of approval, and will make certain that all project sub -contractors have read and
understand them prior to commencing work and that a copy of the project
conditions of approval will be posted on site at all times during construction.
54. RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
55. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
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56. 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.
57. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an "as -built" letter/report
prepared by the applicant's soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
58. CERTIFICATE OF LOT LINE ADJUSTMENT. A Certificate of Lot Line Adjustment
shall be recorded prior to recordation of the final map. Two copies of the legal
description for each new lot configuration, a plat map (8-1/2 in. X 11 in.) and two copies
of the legal description of the land to be exchanged shall be submitted to the Engineering
Division of the Parks & Public Works Department for review and approval. The
submittal shall include closure calculations, title reports less than 90 days old and the
appropriate fee. The certificate shall be recorded before any permits may be issued.
59. DEMOLITION. Existing structures on the site shall be removed prior to recordation of
the final map.
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60. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be
submitted to the Engineering Division of the Parks & Public Works Department for
review and approval. Submittal shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits are issued.
61. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of the final map.
62. DEDICATIONS. The following shall be dedicated on the final map. The dedications
shall be recorded before any permits are issued.
a. Linda Court. A 22 -foot private street right-of-way with a 36 -foot radius cul-de-
fMT63
b. Public Service Easement (PSE). Five (5) foot wide, next to the Linda Ct. right-of-
way.
c. Ingress -egress, storm drainage and sanitary sewer easements, as required.
d. Sanitary Sewer Easement. Ten (10) to twelve (12) feet wide, as shown on the
tentative map.
e. Emergency Access Easement. Twenty (22) feet wide, from the end of the public
road over the entire Linda Ct. Private right of way.
I. Riparian Parcel. The Riparian Parcel, identified on the Tentative map as
Conservation Easement, shall be dedicated in fee to the Town and a flood control
and maintenance easement shall be dedicated to SCVWD.
g. The trail easement shown on Sheet C-5 at the east side of Lot 1, shall be
eliminated from the final plans.
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63. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the
Town prior to issuance of any permit.
64. ABOVE GROUND UTILITIES. The applicant shall submit a 75 -percent progress
printing to the Town for review of above ground utilities including backflow prevention
devices, fire department connections, gas and water meters, off-street valve boxes,
hydrants, site lighting, electrical/communication/cable boxes, transformers, and mail
boxes. Above ground utilities shall be reviewed and approved by Community
Development prior to issuance of any permit.
65. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the final map.
66. CC&R's. CC&R's shall be reviewed and approved by the Town Attorney, Community
Development Department, and Parks and Public Works Department prior to recordation
of the final map.
67. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
a. Drive. Curb, gutter, sidewalk, street lights, tie-in paving, signing, striping, storm
drainage and sanitary sewers, as required.
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b. Restripe/Community Benefit. The applicant shall re -stripe the Blossom Hill Road
intersection with Linda Avenue and Old Blossom Hill Road. The striping
shall provide left turn pockets for both eastbound Blossom Hill Road traffic
turning left on Linda Avenue, and for westbound Blossom Hill Road traffic
turning left on Old Blossom Hill Road.
68. SITE LIGHTING. Lighting photometrics shall be provided and approved by the Director
of Community Development prior to the approval of the Tentative Map.
69. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as -built" drawings.
70. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before
recordation of the map.
71. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional 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 request of Certificate of Occupancy is made. the fee
shall be paid before issuance of the Certificate of Occupancy. The traffic impact
mitigation fee for this project using the current fee schedule is $5,742 per each new
home. The credit for the existing home will be pro -rated across each new home. The final
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fee shall be calculated form the final plans using the rate schedule in effect at the time of
the request for a Certificate of Occupancy.
72. FUTURE STUDIES. Any post project traffic or parking counts, or other studies imposed
by Planning Commission or Town Council shall be funded by the applicant.
73. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to
submittal of plans to the Engineering Division of the Parks and Public Works
Department.
74. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
75. FISH AND GAME REQUIREMENTS. A "1603" permit shall be obtained for the
California Department of Fish and Game for proposed improvements in or near riparian
areas within their jurisdiction. A copy of the permit shall be provided to the Parks &
Public Works Department before any permits are issued.
76. SCVWD, A Santa Clara Valley Water District permit for all work within their
jurisdiction shall be obtained prior to issuance of any Town permits.
77. REGIONAL WATER QUALITY CONTROL BOARD. Any necessary permits from the
Regional Water Control Board shall be provided prior to issuance of any permits. In the
event that no permit is required from this agency, a letter stating as much shall be
provided. (This condition is intended to address the storm drain outfall).
78. ARMY CORPS OF ENGINEERS. Any necessary permits from the Army Corps of
Engineers shall be provided prior to issuance of any permits. In the event that no permit
is required from this agency, a letter stating as much shall be provided. (This condition is
intended to address the storm drain outfall).
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79. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
80. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued. The developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
81. 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.
82. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
83. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
a. Retaining wall --top of wall elevations and locations
b. Toe and top of cut and fill slopes.
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84. CONSTRUCTION ACCESS. Construction access shall be provided from Linda Avenue.
No access will be allowed via Stephenie Lane.
85. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of Order 01-024 of the amended Santa Clara County NPDES
Permit.
86. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
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parking areas, and staging areas at construction sites in order to insure proper control of
blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the
Town Engineer, or at least once a day. Watering associated with on-site constriction
activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least
one late -afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the Town. Demolition or earthwork
activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All
trucks hauling soil, sand, or other loose debris shall be covered.
87. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
88. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
89. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3.d. of Order No. R2-2005-0035 of the amended
Santa Clara County NPDES Permit No. CAS029718. The plan shall delineate source
control measures and BMP's together with the sizing calculations. The plan shall be
certified by a professional pre -qualified by the Town. In the event that storm water
measures proposed on the Planning approval differ significantly from those certified on
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the Building/Grading Permit, the Town may require a modification of the Planning
approval prior to release of the Building Permit. The applicant may elect to have the
Planning submittal certified to avoid this possibility.
90. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The homeowner's association
shall enter into an agreement with the Town for maintenance of the storm water filtration
devices required to be installed on this project by Town's Storm Water Discharge Permit
No. CAS029718 and modified by Order No. R2-2005-0035. The agreement will specify
that certain routine maintenance shall be performed by the homeowner's association and
will specify device maintenance reporting requirements. The agreement will also specify
routine inspection requirements, permits and payment of fees. The agreement shall be
recorded prior to release of any occupancy permits.
91. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor
and home owner to make sure that all dirt tracked into the public right-of-way is cleaned
up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be
washed into the Town's storm drains.
92. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). All new utility services shall be placed underground. Underground
conduit shall be provided for cable television service.
93. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
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gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
94. DRIVEWAY APPROACH. The developer shall install one Town standard residential
driveway approach at each new driveway. The new driveway approach shall be
constructed per Town Standard Details.
95. AS -BUILT PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as -built"
plans shall again be signed and "wet -stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as -built" plans shall be review and
approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as -
built" plans shall be provided to the Town before the Faithful Performance Security or
Occupancy Permit is released. The AutoCAD file shall include only the following
information and shall conform to the layer naming convention: a) Building Outline,
Layer: BLDG -OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer:
RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court,
Layer: TENNIS -COURT; f) Property Line, Layer: PROPERTY -LINE; g) Contours,
Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as
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the Town's survey control network and shall be submitted in AutoCAD version 2000 or
higher.
96. 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.
97. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
98. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty-five (25)
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feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
99. 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.
100. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
101. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off
the project site. This may include, but is not limited to provisions for the
developer/owner to place construction notification signs noting the dates and time of
construction and hauling activities, or providing additional traffic control. Cover all
trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least
two feet of freeboard.
102. UTILITY SETBACKS. House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation. The
Town Engineer shall determine the appropriate setback based on the depth of the utility,
input from the project soils engineer, and the type of foundation.
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103. MAINTENANCE ACCESS. The applicant shall propose maintenance access
improvements for the Town Engineer to review, comment on, and approve. The
Engineering Division shall approve the surface materials over each public easement.
104. 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. All construction
staging and parking shall occur on-site.
(Parks and Forestry Division)
105. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water
calculations are submitted for review prior to the issuance of building permit.
106. NEW TREES. All newly planted trees are required to be double staked to Town
standards.
107. GENERAL. All newly planted trees shown on the plan are specific subjects of approval
of this plan and must remain on the site.
108. 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.
109. PROTECTIVE FENCING. Prior to any equipment arriving on site and prior to
construction or building permits being issued, the applicant shall meet with the Town's
Consulting Arborist, at the developer's expense, concerning the need for protective
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fencing around the existing trees and other required tree protection measures identified in
this ordinance. Such fencing is to be installed prior to, and be maintained during,
construction. The fencing shall be a five foot high chain link attached to steel poles
driven at least 18 inches into the ground when at the dripline of the tree. If the fence has
to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical
chain link fence that is rented.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
110. REQUIRED FIRE FLOW. Required fire flow for this project is 1,000 GPM at 20 psi.
residual pressure.
109. FIRE HYDRANTS. Provide one public fire hydrant at a location to be determined by the
Fire Department and the San Jose Water Company. Hydrant(s) shall have a minimum
single flow of 1,000 GPM at 20 psi residual, with spacing not to exceed 500 feet. Prior to
applying for a building permit, the applicant shall provide civil drawings reflecting all
fire hydrants serving the site. To prevent building permit delays, the developer shall pay
all required fees to the water company ASAP.
110. HYDRANT INSTALLATION. Fire hydrants shall be installed and located along the
new or replacement water main installation(s), at a maximum spacing of 500 feet.
Provide hydraulic calculations to show that the required fire flow will be provided.
111. TIMING OF REQUIRED WATER SUPPLY HYDRANTS. Installations of required fire
service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to
the start of framing or delivery of bulk combustible materials. Building permit issuance
may be withheld until required installations are completed, tested and accepted.
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112. FIRE ACCESS ROADS. The applicant shall provide access roadways with a paved all
weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet
six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and
a maximum slope of 15%. Installations shall conform with Fire Department Standard
Details and Specifications sheet A-1.
113. ROADWAY TURNAROUND. The applicant shall provide an approved fire department
engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Installations shall conform with Fire Department Standard Details and Specifications
sheet A-1. Cul-de-sac diameters shall be no less than 72 feet.
114. FIRE LANE MARKINGS. The applicant shall provide marking for all roadways within
the project. Markings shall be per fire department specifications. Installations shall also
conform to Local Government Standards and Fire Department Standard Details and
Specifications A-6.
115. PARKING ALONG ROADWAYS. The required width of the fire access roadways shall
not be obstructed in any manner and parking shall not be allowed along roadways less
than 28 feet in width. Roadway widths shall be measured curb face to curb face.
116. TIMING OF ROADWAY INSTALLATIONS. Required access roads, up through first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of
construction. Bulk combustible materials shall not be delivered to the site until
installation is complete. During construction, emergency access roads shall be
maintained clear and unimpeded unless alternative solutions are approved by the Fire
Department. Prior to issuance of a building permit, the developer shall contact the Fire
Department to discuss their plan for maintaining the emergency access road during
30
construction. Note that building permit issuance may be withheld until installations are
completed.
117. PREMISES IDENTIFICATION. Approved numbers or addresses shall be placed on all
new and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
*Required as Mitigation Measures
31
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on January 22, 2008, 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 effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman
NAYS: Mayor Barbara Spector
ABSENT:
A RQT A Tr%T-
32
OS GATOS
CONDITIONS OF APPROVAL
15881 Linda Avenue
Architecture and Site Application S-06-050
Requesting approval to demolish a single family residence on property zoned R-1:8.
PROPERTY OWNERS: Jennifer Den Daas
APPLICANT: Linda Court Partners
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
I. APPROVAL: The approval of this application is contingent upon the adoption of the
Planned Development for the subject site and no permits shall be issued until such time.
2. EXPIRATION OF APPROVAL. The Architecture and Site application will expire two years
from the date of approval unless the approval is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
3. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of material,
shall be submitted to the Town prior to the Towns demolition inspection.
Building Division
4. DEMOLITION REQUIREMENTS: Contact Town of Los Gatos Building Counter
technicians for demolition requirements and complete the process before obtaining a building
permit for demolition of such work.
5. *LEAD-BASED PAINT. A state certified lead-based paint professional shall be retained to
perform a lead-based paint survey of the existing structures and the recommendations of the
professional shall be followed for abatement of any identified lead-based paint prior to
demolition of the structures.
6. *HAZARDOUS MATERIALS. The identified hazardous materials being stored on site shall
be carefully removed prior to demolition and legally disposed of in accordance with local,
county and state regulations
* Required as mitigation measures
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