Ord 2158 - Amending the Town Code effecting a zone change from CH to CH:PD for property located at 55 Los Gatos-Saratoga RoadORDINANCE 2158
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM CH TO CH:PD FOR PROPERTY LOCATED AT
55 LOS GATOS-SARATOGA ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 55 Los Gatos -Saratoga Road (Santa Clara County Assessor Parcel Number 529-23-007)
as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from CH (Restricted
Highway Commercial) to CH:PD (Restricted Highway Commercial, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
I. Construction of a 9,000 square foot commercial building, inclusive of retail space and a
maximum of two restaurant spaces.
2. Landscaping and other improvements shown and required on the Official Development Plan.
3. Uses permitted are those specified in the CH (Restricted Highway Commercial) zone by
Sections 29.60.420 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless
specifically authorized by this Ordinance, or by a 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.
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SECTION IV
Architecture and Site Approval is required before construction work for the new commercial
building and exterior portions of the motel remodel is performed, 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 Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following conditions must be complied with before issuance of any
grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
application and approval is required for the commercial building and exterior modifications
to the motel. The south elevation shall be enhanced through this process. The Development
Review Committee shall be the deciding body for the Architecture and Site application.
2. MASTER CONDITIONAL USE PERMIT. A Master Conditional Use Permit (MCUP) shall
be established for the property. The MCUP shall include hours of operation for all tenant
spaces, maximum seating for the restaurants using the final floor plans and available on-site
parking, and shall be consistent with the Parking and Traffic Studies for the project unless a
revised study is accepted by the Planning Commission. The Master CUP shall be reviewed
and approved by the Planning Commission prior to acceptance of plans for any tenant
improvements.
3. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. The colors and building materials shown
on the Official Development Plan are not approved and shall be reviewed through the
Architectural and Site approval process.
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4. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's
Consulting Arborist and approved as part of the Architecture and Site process. All trees
recommended for preservation by the Town's Consulting Arborist shall be saved. Minimum
tree size at time of planting shall be 24 -inch box.
5. SETBACKS. The minimum setbacks are those specified by the CH zoning district or as
otherwise shown on the Conceptual Development Plans. The front setback (Alberto Way)
shall be at least 10 feet. The building shall be reduced as necessary to meet this setback
without adversely impacting the parking spaces and drive aisles. The number of parking
spaces shall not be reduced below 75.
6. BUILDING HEIGHT. The maximum height of the commercial building shall be 22 feet at
the main ridge and 29 feet for the corner tower element.
7. STREET FACING WINDOWS. All windows facing Alberto Way shall be functional
display windows.
8. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties to shine on the project site only. Lighting shall be
the minimum needed for pedestrian safety and security. Photometries and lighting
specifications shall be reviewed as part of the Architecture and Site process.
9. "BIOLOGICAL RESOURCES MITIGATION MEASURE. The recommendations made
by Arbor Resources shall be implemented to eliminate or minimize the construction -related
impacts on the trees to be retained. Recommendations are listed under Section 5.0 of the
January 22, 2007 arborist report and in the July 30, 2007 supplemental report.
10. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of any permits.
11. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number and size shall be determined using the canopy replacement table in
the Tree Protection Ordinance.
12. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree protection fencing plan with the construction plans.
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13. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final
locations and screening of all exterior utilities, including but not limited to, backflow
preventers, Fire Department connections, transformers, utility boxes and utility meters.
Utility devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval of the prior to issuance
of building permits for the office building shell.
14. SIGNS. The ground sign shall not exceed 10 feet in height and may not include more than
three tenants. A sign program shall be approved for the ground and building signs. The sign
program details shall be proposed by the applicant and approved by the Director of
Community Development prior to issuance of any sign permits. The existing pole sign may
be retained for one year following issuance of an occupancy permit at which time it shall be
removed and replaced by the ground sign.
15. "CULTURAL RESOURCES MITGATION MEASURE -1. In the event that archaeological
traces are encountered, all construction within a 50 -meter radius of the find shall be halted,
the Community Development Director shall be notified, and an archaeologist shall be
retained to examine the find and make appropriate recommendations.
16. "CULTURAL RESOURCES MITGATION MEASURE -2. If human remains are
discovered, the Santa Clara County Coroner shall be notified. The Coroner shall determine
whether or not the remains are Native American. If the Coroner determines that the remains
are not subject to his authority, he shall notify the Native American Heritage Commission,
who will attempt to identify descendants of the deceased Native Americans.
17. "CULTURAL RESOURCES MITGATION MEASURE -3. If the Community
Development Director finds that the archaeological find is not a significant resource, work
will resume only after the submittal of a preliminary archaeological report and after
provisions for reburial and ongoing monitoring are accepted. Provisions for identifying
descendants of a deceased Native American and for reburial shall follow the protocol set
forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a significant
archaeological site, a mitigation program shall be prepared and submitted to the Community
Development Director for consideration and approval, in conformance with the protocol set
forth in Public Resources Code Section 21083.2.
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18. **CULTURAL RESOURCES MITGATION MEASURE -4. A final report shall be prepared
when a find is determined to be a significant archaeological site, and/or when Native
American remains are found on the site. The final report 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.
19. "NOISE MITGATION MEASURE At the time of Architecture & Site review, a qualified
acoustical consultant shall determine compliance with of the proposed commercial uses with
the Town Noise Ordinance. The noise study shall specifically address project related rooftop
equipment with ordinance noise limits and any late evening or nighttime parking lot activities
that could be associated with the proposed restaurant use. Noise attenuation design measures
shall be recommended as necessary to ensure compliance with applicable Town noise limits.
20. COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town for
provision of the community benefits being offered with the project. The agreement shall
include details on the tinning and implementation of each item and shall be approved by the
Town Attorney and the Director of Community Development prior to issuance of any
building permits for the project.
Building Division
21. PERMITS REQUIRED: A building permit shall be required for the construction of the new
commercial building. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
22. CONDITIONS OF APPROVAL: The Conditions of Approval must be printed in full on the
cover sheet of the construction plans. A compliance memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
23. SIZE OF PLANS. The maximum size of construction plans (four sets) submitted for
building permits shall be 24 inches by 36 inches.
24. BUILDING NUMBERS. Submit requests for building and/or suite numbers to the Building
Division prior to submitting for the building permit application process.
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25. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report; and, the on-site retaining 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. Building pas elevation
b. Finish floor elevation
C. Foundation corner locations
26. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing retaining wall and pad foundation 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).
27. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be
printed on the construction plans.
28. TITLE 24 — COMMERCIAL. The building shall be constructed to comply with the latest
California Title 24 Accessibility Standards.
29. 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 permit. The Town Special
Inspection form must be completely filled out, signed by all requested parties and be blue -
lined on the construction plans. Special Inspection forms are available from the Building
Division Service Counter or online at wwww.losgatosca.gov.
30. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page. The specification sheet is available at the Building Division Service Counter for a fee
of $2 or at San Jose Blue Print.
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31. RESTAURANT USE: Proper size grease trap shall be required for any proposed restaurant
use. The following agencies will review the grease trap requirements before issuance of the
building permit:
a. West Valley Sanitation District: (408) 378-2407
b. Environmental Health Department: (408) 885-4200
C. Town Public Works Department: (408) 399-7530
32. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538).
33. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Suzanne Davis at 354-6875
b. Engineering Department: Fletcher Parsons at 395-3460
C. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: contact the Town Building Service Counter for the appropriate
school district and to obtain the school form)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
34. *GEOLOGY AND SOILS MITIGATION MEASURE. A geotechnical investigation shall be
conducted for the project to determine the surface and sub -surface conditions at the site and
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. All recommendations of the investigation shall be incorporated into
project plans.
35. **TRAFFIC MITIGATION MEASURE. The applicant shall contribute to the installation of
signal interconnects along Los Gatos -Saratoga Road from Alberto Way to Los Gatos
Boulevard to improve traffic progression.
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36. GRADING PERMIT. A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering Division of
the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall
include final grading, drainage, retaining wall location, driveway, utilities and interim
erosion control. Grading plans shall list earthwork quantities and a table of existing and
proposed impervious areas. Unless specifically allowed by the Director of Parks and Public
Works, the grading permit will be issued concurrently with the building permit. The grading
permit is for work outside the building footprint(s). A separate building permit, issued by the
Building Department at 110 E. Main Street is needed for grading within the building
footprint.
37. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
38. 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
39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure.
The pad certification shall address both vertical and horizontal foundation placement.
40. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of
any site work, the general contractor shall:
a. Along with the project applicant, attend a pre -construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters.
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub -contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
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41. 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.
42. 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.
43. 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.
44. PUBLIC IMPROVEMENTS. The developer shall upgrade existing signal at the intersection
of Alberto Way and Los Gatos -Saratoga Road. Signal upgrades shall include replacement of
existing programmable vehicle signal heads with standard signal heads, non -LED signal
heads with LED's, pedestrian signal heads with pedestrian countdown signal heads, non -
ADA compliant pedestrian push buttons with ADA compliant pedestrian push buttons, and
the signal controller with current Town standard Econolite controller. 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.
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45. 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.
46. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a fee proportional to the
project's share of transportation improvement needed to serve cumulative development
within the Town of Los Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit application is made. The fee shall be paid
before the building permit is issued. The traffic impact mitigation fee for this project, using
the current fee schedule and the preliminary plans is $48,000. The final fee shall be
calculated from the final plans using the rate schedule in effect at the time of the building
permit application, using a trip generation rate based on motel, retail and restaurant use.
47. 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.
48. 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.
49. 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.
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54. 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.
51. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and
in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three times daily, or
apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration of
the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on-site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late -afternoon watering to minimize
the effects of blowing dust. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of
the Town. Demolition or earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris
shall be covered.
Page 1 i of 17
52. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum a Traffic Control Plan, Project
Schedule, site security fencing, employee parking, construction staging area, construction
trailer, and proposed outhouse locations.
53. 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).
54. 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.
55. STORM WATER MANAGEMENT PLAN. A storm water management plan shall be
included with the grading permit application for all Group 1 and Group 2 projects as defined
in the amended provisions C.3 of Order No. R2-2005-0035 of the amended Santa Clara
County NPDES Permit. This project removes and replaces more than 10,000 square feet of
impervious area and is a Group 2B project. 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 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.
56. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner shall enter into
an agreement with the Town for maintenance of the stormwater filtration devices required to
be installed on this project by Town's Stormwater Discharge Permit No. CAS029718 and
modified by Order No. R2-2005-0035. The agreement will specify that certain routine
maintenance shall be performed by the property owner 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
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occupancy permits.
57. 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.
58. ABOVE GROUND UTILITIES. The applicant shall submit a 75 -percent progress printing
to the Town for review of the 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.
59. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings,
etc. shall be repaired and replaced to a condition equal to or better than the original
condition. Existing improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access
provisions. Developer shall request a walk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
60. AS -BUILT PLANS. An AutoCAD disk of the approved "as -built" pians shall be provided to
the Town prior to issuance of a Certificate of Occupancy. 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.
61. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
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62. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and area
drains connected to the sanitary sewer system shall be provided.
63. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department and
West Valley Sanitation District for the interception, separation or pretreatment of effluent.
64. 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.
65. 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.
66. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet. If the device is located within a structure on the property,
the measurement shall be made at distances as close to twenty-five (25) feet from the device
as possible. The noise level at any point outside of the property plane shall not exceed
eighty-five (85) dBA.
67. 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
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a special permit is issued by the Engineering Division.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
68. REQUIRED FIRE FLOW. The required fire flow for the project is 2,500 gpm at 20 psi
residual pressure.
69. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler system
is required for the commercial building, hydraulically designed per National Fire Protection
Association (NFPA) Standard #13. A State of California (C-16) licensed fire protection
contractor shall submit plans, calculations a completed permit application and appropriate
fees to the Fire Department for review and approval, prior to beginning work.
70. NEW COMMERCIAL BUILDING. The new building shall comply with standard
specification SI -7 for construction site fire safety.
71. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved
all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13
feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a
maximum slope of 15%. Installations shall conform with Fire Department Standard Details
and Specifications A-1.
72. PARKING ALONG ROADWAYS. The required fire access road shall not be obstructed in
any manner and parking shall not be allowed along roadways less than 28 feet wide. Parking
is permitted along one side of roadways 28-35 feet in width. For roadways equal to or
greater than 26 feet, parking will be allowed on both sides. Roadways widths shall be
measured curb to curb face with parking space based on an eight foot width.
73. FIRE LANE MARKINGS REQUIRED. Provide marking in conformance with Fire
Department requirements for all roadways within the project. Installations shall conform to
Local Government Standards and Fire Department Standard Details and Specifications A-6.
74. PRIVATE ON-SITE HYDRANT REQUIRED. Provide one fire hydrant installed per NFPA
Standard #24 at a location to be determined jointly by the Fire Department. Minimum
hydrant spacing shall be 250 feet, with a minimum acceptable flow of 2,000 GPM at 20 psi
residual. Prior to design the project civil engineer shall meet with the Fire Department water
supply officer to jointly spot the required hydrant location.
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75. ON-SITE PRIVATE FIRE SERVICE MAINS AND/OR HYDRANTS. Installation of
private fire service mains and/or hydrants shall conform to National Fire Protection
Association (NFPA) Standard #24, and Fire Department Standard Details and Specification
W-2. If the supply piping is "combined" (sprinkler system and hydrants) a UL listed four-
way FDC shall be provided. A separate installation permit is required from the Fire
Department.
76. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire services and fire hydrant(s) shall be tested and accepted by the Fire Department prior to
start of framing or delivery of bulk combustible materials. Building permit issuance may be
withheld until required installations are completed, tested and accepted.
77. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection the general contractor
shall ensure that an approved fire hydrant location identifier ("blue dot") has been placed in
the roadway as directed by the Fire Department.
78. FIRE DEPARTMENT KEY BOX. The building shall be equipped with a permanently
installed emergency access key lock box (knox), conforming to Fire Department Standard
Detail and Specification sheet K-1. Access keys shall be provided to the Fire Department at
the time of final inspection.
79. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new
and 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.
Page 16 of 17
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 February 4, 2008, and becomes
effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara
Spector
NAYS: None
ABSENT:
ABSTAIN:
ATTEST:
CLEDMINIS T BATOR OF THE TOWN OF LOS GATOS
LOS OS, CALIFORNIA
Page 17 of 17
i GATOS