Ord 2162 - Amending the Town Code effecting a zone change from HR-2 1/2 to HR-2 1/2:PD for property located on Kennedy Road, (APNs 537-29-007 & 008)ORDINANCE 2162
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM HR-21/2TO HR-21/2:PD FOR PROPERTY LOCATED ON KENNEDY ROAD,
JUST EAST OF FORRESTER ROAD (APNs 537-29-007 & 008)
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 Kennedy Road, east of Forrester Road (Santa Clara County Assessor Parcel Numbers
537-29-007 & 008) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance,
from HR -21/2 (Hillside Residential, 21/2-10 Acres per Dwelling Unit) to HR-2'/2:PD (Hillside
Residential, 21/2-10 Acres per Dwelling Unit, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Construction of a new single-family dwelling, guest quarters and attached garage.
2. Accessory structures inclusive of art studio, pool cabana, tennis pavilion and gatehouse.
3. Driveway, pool, tennis court, and landscaping as shown and required on the Official
Development Plan.
4. Water well for irrigation, subject to issuance of a permit from Santa Clara Valley Water
District.
5. Uses permitted are those specified in the HR (Hillside Residential) zone by Sections
29.40.235 (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. FIowever, no use listed in Section 29.20.185 is allowed unless specifically
authorized by this Ordinance, or by a Conditional Use Permit.
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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
A recorded parcel merger and Architecture and Site Approval are required before
construction work for the dwelling units 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 new single family home and accessory structures.
The Planning Commission shall be the deciding body for the Architecture and Site
application provided it is in compliance with the Official Development Plans and the
provisions of this Planned Development Ordinance.
2. 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.
3. GREEN BUILDING. The house shall be designed to achieve compliance with GreenPoint
Rated Standards for green building certification. The GreenPoint checklist shall be
completed by a Certified Green Building Professional,
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4. PROJECT FLOOR AREA. The house size shall not exceed 8,650 square feet and the total
floor area for the overall project shall not exceed 14,700 square feet. The Director of
Community Development may approve an additional accessory structure not exceeding 600
square feet for storage and maintenance equipment. No other enclosed structures other than
those shown on the Official Development Plans shall be added to the site. Adjustments may
be made to the size of structures through the Architecture & Site process, provided that the
total allowable floor area is not exceeded.
5. ORNAMENTAL LANDSCAPING. All formal landscaping shall be confined to within 30
feet of the perimeter of the area formed by the main house, pool and cabana, and within 30
feet of other structures on the property, inclusive of the water feature. Any planting beyond
these areas shall be native vegetation that is drought and fire resistant, and planted in natural
clusters.
6. LANDSCAPE PLAN. A landscape plan shall be reviewed and approved with the
Architecture & Site application. The landscape plan shall be reviewed to evaluate the need
for additional landscape screening south of the pool and cabana to minimize long-term
changes in views from existing residences to the south.
7. FENCING. Fence locations shall be reviewed and approved during the Architecture & Site
review. Fencing shall be restricted to open design, as provided for in the Hillside
Development Standards & Guidelines, except as necessary to provide security or enclose
ornamental landscaped areas as described in condition 5 to prevent wildlife grazing. This
condition does not apply to fencing along the common property line with 200 Forrester Rd.
8. MAIN RESIDENCE HEIGHT. The height of the main residence may exceed 25 feet in the
limited locations shown on the elevations included with the Official Development Plans,
9. ACCESSORY STRUCTURE HEIGHT. The height of the art studio shall not exceed 21 feet
(excluding the 29" cupola). All other accessory structures shall not exceed 15 feet.
10. SETBACKS. The minimum building setbacks are those specified by the HR zoning district.
11. HORSES. Horses are allowed on the property in compliance with Town Code provisions for
horses. The art studio building may be used as an animal barn.
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12. EXTERIOR LIGHTING. All exterior lighting shall be reviewed and approved as part of the
Architecture & Site review(s) and shall comply with the Hillside Development Standards &
Guidelines. Shielded lighting shall be shielded down directed and shall not reflect or
encroach onto neighboring properties. Shielded flood lights on motion detectors may be
installed only if it can be demonstrated that they are clearly needed for safety.
13. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building
permit, a deed restriction shall be recorded by the applicant with the Santa Clara County
Recorder's Office that states that all exterior paint colors shall not exceed a light reflectivity
value of 30, shall blend with the natural color of the vegetation that surrounds the site, and
shall be maintained in conformance with the Town's Hillside Development Standards as may
be amended by the Town.
14. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for the removal of
any ordinance protected tree prior to the issuance of a Building, Grading or Encroachment
Permit.
15. TREE PROTECTION. Tree protection fencing shall be placed at the dripline of existing
trees to be saved in the area of construction. Fencing shall be four feet high chain link
attached to steel poles driven two feet 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. The fencing must be inspected and approved by the
Parks Superintendent and must be installed prior to issuance of a grading and/or building
permit.
16. TREE PRESERVATION MEASURES. Tree preservation measures shall be shown on the
construction management plan.
17. "BIOLOGICAL RESOURCES MITIGATION MEASURE -1. The project applicant shall
implement all recommendations made by the Town's consulting arborist, Arbor Resources, in
reports dated February 10 and July 27, 2006 and October 3, 2007, as well as any updates.
18. "BIOLOGICAL RESOURCES MITIGATION MEASURE -2. Replacement trees shall be
planted for trees that are removed at a three to one ratio. The applicant shall submit a Tree
Replacement and Enhancement Plan prepared by a qualified restoration ecologist. The plan
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shall be peer reviewed by a restoration ecologist selected by the Town and shall be
implemented by the applicant prior to final inspection for the main residence. Replacement
plantings shall include a range of tree sizes, appropriate irrigation and periodic monitoring to
ensure successful re -vegetation. Specific guidelines for replanting locations and percent tree
cover shall be provided by the plan. Candidate locations shall include graded portions of the
project site to provide long term slope stabilization as well as habitat replacement.
19. OPEN SPACE/CONSERVATION EASEMENT. An open space/conservation easement
shall be dedicated over the property. The easement may allow uses approved under the
Planned Development, including all improvements shown on the Official Development
Plans, native pathways and landscaping, trails to satisfy Hillside Specific Plan requirements,
and any other improvement determined to be appropriate by the Director of Community
Development. The specific uses and improvements that will be allowed shall be determined
through the development of the easement document which shall be recorded prior to issuance
of an occupancy permit.
Building Division
20. PERMITS REQUIRED: A building permit shall be required for the construction of the new
single family residence, accessory structures, site retaining walls, tennis court, pond and pool.
21. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans.
22. ADDRESS/HOUSE NUMBER: Submit requests for new address/house number to the
Building Division prior to the building permit application process.
23. 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).
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24. 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. On-site retaining wall location
b. Finish floor elevation
C. Foundation corner locations
25. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61.
a. Wooden backing (no smaller than 2 -inches by eight -inches) shall be provided in all
bathroom walls at water closets, showers and bathtub, located at 34 -inches from the
floor to the center of the backing, suitable for installation of grab bars.
b. All passage doors shall have at least 32 -inches wide on the accessible floor.
C. Primary entrance shall have a 36 -inch wide door including a five foot by five foot
level landing no more than one -inch out of plane with the immediate interior floor
level, with an 18 -inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired.
26. 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 www.dosgatosca.gov.
27. SPECIAL ENVIRONMENTAL DESIGN FEATURES. The following features shall be
incorporated into the project:
a. A minimum of 25% of the hardscape shall be of pervious material(s).
b. Title 24 shall be exceeded by at least 30%.
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G. Solar power generation shall be included.
d. Irrigation shall be provided by an on-site well.
e. The possibility of geothermal climate control shall be explored.
28. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR
and MF -IR shall be printed on the construction plans.
29. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly.
30. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase II approved
appliances per Town Ordinance 1905. Tree limbs within 10 feet of chimneys shall be cut.
31. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538).
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.
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 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 -1. The project design shall
incorporate all applicable recommendations in UPP Geotechnology, Inc.'s geotechnical
investigation (March 17, 2006 and March 13, 2008) for the proposed project in order to
minimize the potential impacts resulting from regional seismic activity and soil engineering
constraints.
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35. LIMITS OF DISTURBANCE. The limits of ground surface disturbance, including
disturbance required for site grading, utility construction, retaining wall construction, or
construction of structures shall be restricted to the areas shown on the PD plans.
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. 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.
37. PHASED GRADING. Two grading phases will be allowed. A separate grading permit is
required for each phase. The initial grading permit shall consist of rough grading and may be
issued prior to issuance of a building permit. The rough grade permit shall identify finished
grades in landscape areas and shall identify pad grades within three -feet of finished grades
where structures are proposed. The rough pad grades shall be lower than finished grades in
areas of fill, and higher than finished grades in areas of cut. The finished grade grading plan
shall identify final grades in all locations. The intent of the phased grading is to allow
grading to begin prior to issuance of a building permit, yet to not over -fill or over -excavates
in areas where structures are to be placed. The phasing plan shall be approved by both the
Director of Parks and Public Works and the Director of Community Development.
38. UTILITY SERVICES. The new home shall be connected to the West Valley Sanitation
District sanitary sewer system and to a public water system prior to issuance of a certificate
of occupancy. Proof of annexation to W V SD boundaries shall be provided prior to submittal
of a building permit application.
39. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement
of any site work, the general contractor shall:
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a. Along with the project applicant, attend a pre -construction meeting with the Town
Staff 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.
40. 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.
41. ADDITIONAL SOIL TESTING. Additional laboratory tests shall be performed by UGI for
site soils and rock, including plasticity limits, swell potential, and shear strength. The results
of such tests shall be incorporated into foundation design recommendations.
42. 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.
43. 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.
44. SOILS ENGINEER CONSTRUCTION OBSERVATION -1. 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
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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.
45. SOILS ENGINEER CONSTRUCTION OBSERVATION 2. A representative of the
geotechnical engineer of record shall be present on site at all times during placement of fill.
46. TRAFFIC IMPACT MITIGATION FEE. Theproperty owner 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 building permit is issued. The fee shall be paid before
issuance of a building permit. The traffic impact mitigation fee for this project using the
current fee schedule is $5,742. The final fee shall be calculated form the final plans using the
rate schedule in effect at the time the building permit is issued.
47. 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 beat 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.
48. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
49. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Constriction Encroachment Permit. All work over $5,000 will require construction security.
50. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least forty-eight (48) 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.
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51. 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
52. 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 (S WPPP) 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 No.
R2-2005-0035 of the amended Santa Clara County NPDES Permit.
53. 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
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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.
54. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented at
construction sites greater than four acres in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
C. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
55. 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 staging shall be performed
within the LRDA.
56. 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. hr the event that storm water measures proposed on the Planning
approval differ significantly from those certified on the Building/Grading Permit, the Town
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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.
57. 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 occupancy permits.
58. 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.
59. 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.
60. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the
project applicant shall complete a pavement condition survey documenting the extent of
existing pavement defects using a 35 -mm or digital video camera. The survey shall extend
along the full haul route within Town Limits (Kennedy Road between project site and Los
Gatos Boulevard, Los Gatos Blvd. from Kennedy Road to Highway 9, and Highway 9 from
Los Gatos Blvd. to Highway 17). In addition, a pavement deflection analysis conforming to
the same limits as the photographic survey shall be performed to determine pavement
strength. The results shall be documented in a report and submitted to the Town for review.
61. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
post construction pavement condition survey and pavement deflection analysis to determine
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whether road damage occurred as a result of project construction and whether there were
changes in pavement strength. The rehabilitation improvements required to restore the
pavement to pre -construction condition and strength shall be determined using State of
California procedures for deflection analysis. 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 prior to release of the faithful performance bond.
62. 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.
63. AS -BUILT PLANS. An AutoCAD disk of the approved "as -built" plans 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.
64. 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
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as possible. The noise level at any point outside of the property plane shall not exceed
eighty-five (85) dBA.
65. 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. The haul
route for soil export shall be Kennedy Road from the project site to Los Gatos Boulevard,
Los Gatos Boulevard from Kennedy Road to Highway 9 to Highway 17.
66. ENGINEERING INSPECTOR. In -lieu of the standard grading inspection fee, the applicant
shall fiord a full time Engineering inspector for the duration of the rough grading and soil
export operations, and inspections as required during the remainder of the site work. 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 any permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
67. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. The new home and accessory
structures shall be protected throughout by an approved automatic fire sprinkler system,
hydraulically designed per National Fire Protection Association (NFPA) Standard #13d.
68. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire service(s) and fire hydrants(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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69. 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.
70. FIRE APPARATUS (ENGINE) TURN -AROUND. 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 A-1.
Cul-de-sac diameters shall be no less than 72 feet.
71. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required driveways and/or
access roads up through first lift of asphalt shall be inspected and accepted by the Fire
Department prior to the start of construction. Bulk combustible materials shall not be
delivered to the site until installations are complete. During construction emergency access
roads shall be maintained clear and unimpeded. Note that building permit issuance may be
withheld until installations are completed.
72. REQUIRED ACCESS TO BUILDINGS. Provide access to all portions of the residence and
all accessory structures within 150 feet travel distance from fire apparatus access points.
73. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new
buildings in such a position as to be plainly visible and legible from Kennedy Road.
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 May 5, 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 May 19, 2008 and becomes effective
30 days after it is adopted.
CK�171�►[yl_R�I:�T : '
AYES: Steve Glickman, Diane McNutt, and Joe Pirzynski
NAYS: Mike Wasserman, and Mayor Barbara Spector
ABSENT:
ABSTAIN:
SI ED:
MAYOR OF THE TO OF LOS GATOS
\ LOS GATOS. CALIFORNIA
ATTEST:
THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 17 of 17