Ord 2037 - Amending the Town Code effecting a zone change from LM to LM-PD for Property at 742 University AvenueORDINANCE 2037
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM LM TO LM -PD FOR
PROPERTY AT 742 UNIVERSITY AVENUE
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 addressed as 742 University Avenue shown on the map which is attached hereto marked
Exhibit A and is part of this Ordinance, from LM (Commercial - Industrial) to LM (Commercial-
Industrial, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition the storage buildings and accessory structures;
2. Construction of a 61,796 square foot Research and Development /Office Building.
3. Landscaping, streets and other improvements shown and required on the Official
Development Plan;
4. Uses permitted are a Research and Development Use, Office Use, and those uses
specified in the LM (Commercial- Industrial) zone by Sections 29.70.105 (Permitted
Uses), 29.20.185 (Conditional Uses) of the Town Code, 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 Conditional Use Permit. Medical office uses are not allowed
on -site;
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5. A required parking ratio of (1) one parking space for each 270 square feet of gross
floor area.
6. Two ground signs.
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 any of the storage
buildings and accessory structures and construction work of 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 (Development Plans, 14 sheets) are part of the
Official Development Plan. The following must be complied with before issuance of any grading,
demolition or construction permits:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. ARCHEOLOGICAL RESOURCES. Should evidence of prehistoric cultural resources be
uncovered during project construction, work must be halted within a 50 -foot radius of the
find and a qualified archaeologist must be contacted to determine its significance.
2. REQUIRED PARKING RATIO: The required parking ratio for this development is one
parking space for each 270 square feet of gross building area.
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3. MEDICAL OFFICE USE RESTRICTION: Medical Office Use is prohibited in the R &D/
Office Building. The developer /owner shall notify all future tenants and prospective
buyers of this restriction.
4. LIGHTING. Any exterior lighting proposed for the site shall use low wattage lights that
are focused and angled downward at a height to minimize incidental lighting of adjacent
residences. The use of wide - angled flood lamps is prohibited.
5. COMMEMORATIVE PLAQUE: A plaque noting the history and previous use of the
property shall be erected on -site by the developer /owner.
6. FARLEY ROAD STATUS: In order to incorporate this section of Farley Road into the
project, the developer shall provide the Town documentation of the right to use this
property prior to the issuance of building permit.
7. DEMOLITION MATERIAL 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.
(Engineering Development Section)
8. GRADING PERMIT: A grading permit is required for grading outside the footprint of
the building, including parking lot and berm. A separate application for a grading permit
(with grading plans) shall be made to the Development Engineering Section of the
Planning Department. The grading plans shall include final grading, drainage, retaining
wall location, driveway, utilities and interim erosion control. Unless specifically allowed
by the Director of Building and Engineering Services, the grading permit will be issued
concurrently with the building permit.
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9. SOILS REPORT: Two copies of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, retaining wall design, and erosion control. The reports
shall be signed and "wet stamped" by the engineer, in conformance with Section 6735 of
the California Business and Professions Code.
W. DEDICATIONS. The following shall be dedicated by separate instrument to the Town.
The dedication shall be recorded before the issuance of any permits.
a. University Avenue. A 40 -foot half- street right -of -way, if it does not exist.
b. Sidewalk Easement. An easement for the meandering sidewalk improvements
along the University Avenue frontage. The easement is to be at least 0.50 ft wider
than the meandering sidewalk.
C. Public Service Easement. Ten (10) feet wide, next to the University Avenue right -
of -way.
11. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the
developer. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
a. University Avenue. curb, gutter, meandering sidewalk, street light, tie -in paving,
signing, striping, storm and sanitary sewers, as required.
12. 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 issuance
of the building permit.
13. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL): The developer shall pay a
proportional to 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 application is
made. The fee shall be paid before issuance of the building permit. The traffic impact
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mitigation fee for this project using the current fee schedule and preliminary plans is
$30,360. The final fee shall be calculated from the final plans using the rate schedule in
effect at the time of the building permit application.
TO THE SATISFACTION OF THE PARKS, FORESTRY AND MAINTENANCE DIRECTOR:
14. TREES TO REMAIN: All existing and newly planted trees shown on the plan are specific
subjects of approval of this plan, and must remain on site.
15. TREE REMOVAL PERMIT REQUIRED: Prior to any tree removals the
developer /owner shall obtain the necessary tree removal permits from the Town.
16. TREE PLANTING: All newly planted trees shall be double staked as required by Town
Standards and shall be planted prior to final occupancy.
17. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A review fee based on current
resolution shall be paid when the landscape, irrigation plans and water calculations are
submitted for review.
18. IRRIGATION: All newly planted landscaping shall be irrigated by an in- ground system.
19. TREE PROTECTION: All existing trees to remain on site shall be protected prior to and
during construction by measures subject to the approval by the Parks and Forestry
Department.
20. OAK TREE REMOVAL PERIOD: Removal of the Oak tree on site shall only occur
during the time period of July 16 thru January 31 to avoid impacting any potential raptor
nesting or breeding unless a report is submitted by a licensed environmental consultant ten
days prior to the removal, which states that there is no evidence of raptor nesting or
breeding.
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21. REQUIRED TREE MITIGATION AT DESIGN PHASE: During the project's design
phase, the following measures shall be implemented by the developer /owner:
a. The trunk location and dripline of the oak tree to be retained will be plotted and the
Tree Preservation Notes shall be included on all plans submitted for building
permit approval.
b. Any plan affecting trees shall be reviewed by the Consulting Arborist to ensure that
improvement plans, utility and drainage plans, grading plans, landscape and
irrigation plans, and demolition plans will not adversely affect the tree to be
retained.
C. The Consulting Arborist will identify a Tree Protection Zone for the oak tree to be
retained. The Tree Protection Zone shall be defined by the dripline of the tree.
d. No underground services including utilities, sub - drains, water or sewer shall be
placed in the Tree Protection Zone.
e. Any herbicides placed under paving materials must be safe for use around trees and
labeled for that use.
22. REQUIRED TREE MITIGATION AT PRE - CONSTRUCTION PHASE: During the pre-
construction phase the following measures shall be implemented by the developer /owner:
a. A fence shall be constructed around the oak to be retained and it shall completely
enclose the Tree Protection Zone prior to construction or grading. Fencing shall
be a 6 -foot chain link.
b. The oak tree to be retained shall be pruned to clean the crown of dead, dying,
diseased and otherwise structurally weals branches and to provide adequate
clearance for construction. All pruning shall be performed by a Certified Arborist
or Tree Worker in accordance with the Tree Pruning Guidelines of the
International Society of Arboriculture. The contractor must possess a valid
California Contractor's License, with a specialty in tree care (C- 61/D -49).
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C. Any demolition to occur adjacent to the oak tree to be retained must be performed
by hand or, where approved by the Consulting Arborist, by small equipment.
23. REQUIRED TREE MITIGATION DURING CONSTRUCTION PHASE: During
Construction, the following measures shall be implemented by the developer /owner:
a. Root - injured trees have a limited capacity to absorb water. Therefore, it is
important to ensure adequate soil moisture in the area of active roots. One to
several irrigations may be needed for trees that are at risk or impacted. Irrigations
shall be specified by the Consulting Arborist.
b. Any grading, construction demolition, or other work that is expected to encounter
roots of trees to be retained( including the eight -inch oak tree off -site) shall be
monitored by the Consulting Arborist.
C. If injury to a tree should occur during construction, it should be evaluated as soon
as possible by the Consulting Arborist so that appropriate treatments can be made.
d. During Construction, any trees to be removed that are adjacent to the two oak trees
to be retained must be removed by an Arborist rather than by the contractor.
Nearby trees cannot be removed by pushing with large equipment because root
injury to adjacent trees will occur.
e. Any additional pruning required to provide clearance during construction shall be
performed by a Certified Arborist and not by construction personnel.
f. If excavation must occur within the Tree Protection Zone, the Consulting Arborist
will determine where hand work and root pruning are required.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION
DISTRICT:
24. FIRE SPRINKLER SYSTEM :. The developer /owner shall provide an approved automatic
fire sprinkler system that conforms to National Fire Protection Standard #13 throughout
all portions of the structures proposed.
25. REQUIRED FIRE FLOW: The developer /owner shall provide the required fire flow for
this project which is 2,250 GPM at 20 p.s.i.
26. FIRE HYDRANTS: The developer /owner shall provide two (2) fire department approved
hydrants on -site with locations to be determined by the Fire Department.
27. FIRE LANE MARKINGS: The developer /owner shall provide Fire Lane makings
conforming to Fire Department Standard Detail A -6.
28. ACCESS ROAD REQUIRED: The developer /owner shall provide an access roadway 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.
29. ROADWAY PAVING: The required roadway paving shall be in place, inspected, and
accepted by the Fire Department prior to the start of construction. Bulk combustible
construction materials may not be delivered to the construction site until installations are
completed. Clearance for building permits may also be held until these required
improvements are in place.
30. KEYBOX REQUIRED: The developer /owner shall provide an approved Fire Department
key box and appropriate building keys. Installations shall conform to Fire Department
Standard Detail and Specification K -1.
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TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
31. CONSTRUCTION HOURS: Construction on the project site is limited to the hours of
8:00 a.m. to 6:00 p.m. to minimize noise impacts to surrounding properties.
32. HAZARDOUS MATERIALS REMOVAL: The open 5- gallon buckets containing waste
oil that are located behind Building No. 5 shall be removed by the developer /owner and
properly disposed.
33. HAULING OF SOIL: Hauling of soil off -site will not be conducted 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 start of construction, the developer shall work with the Town
Building and Engineering Department to devise a traffic control plan to ensure safe and
efficient traffic flow under periods when soil is hauled off the project site.
34. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All
work shall conform to the applicable Town ordinances. Adjacent public right -of -way shall
be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not
be washed into storm sewers. The storing of goods and materials on the sidewalk and /or
street will not be allowed unless a special permit is issued. The developer's representative
in charge shall be 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.
35. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Construction 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
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Town's right -of -way. Failure to do so will result in rejection of work that went on without
inspection.
36. GRADING INSPECTIONS: The soils engineer or his qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading
report before occupancy /Certificate of Completion.
37. EROSION CONTROL (COMMERCIAL): Interim and final erosion control plans shall
be prepared and submitted to the Engineering Development Section of the Planning
Department. Grading activities shall be limited to the period of least rainfall (April 15 to
October 1). A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on this area if grading that is allowed to go on during the rainy season.
In addition, straw bales and plastic sheeting shall be stored on -site for emergency control,
if needed. Install filter berms, check dams, retention basins, silt fences, and straw bale
dikes as needed on the project site, to protect downstream water quality during winter
months.
38. WATERING AND COVERING OF SOILS: The developer shall regularly water
disturbed soil, mist or cover stockpiles if left unattended for more than 24 hours to control
construction related dust emissions.
39. TRUCK HAULING AND COVERING: The developer shall ensure that proper haul truck
loading and covering measures are implemented during construction to control construction
related dust emissions.
40. UTILITIES: The developer must agree to install all utility service, including telephone,
electric power, and other communications lines underground, according to Town policy.
Cable television capability shall be provided to all new dwellings.
41. 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,
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sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, or signs shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvements 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.
42. SIDEWALK REPAIR: The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standards.
An inspection made at the time the planning application was filed showed a minimum of
250 square feet of sidewalk currently in need of repair. Limits of sidewalk repair will be
determined by the Engineering Construction Inspector during the construction phase.
43. CURB AND GUTTER: The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and
gutter shall be constructed per Town Standards. An inspection made at the time the
planning application was filed showed a minimum of 30 linear feet of curb and gutter
currently in need of repair. Limits of curb and gutter repair will be determined by the
Engineering Construction Inspector during the construction phase.
44. CURB RAMPS: The developer shall construct two (2) curb ramps according to State
Standard Drawings at the driveways to the site. The actual "Case" as shown on the
standard to be used will be decided by the Engineering Construction Inspector during the
construction phase.
45. AS -BUILT PLANS: After completion of the construction of all work in the public right -
of -way or public easements, 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 engineer who prepared the plans, attesting to the changes. The original
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"As- built" plans shall be reviewed and approved by the Engineering Inspector. A photo
Mylar of the approved "As- built" plans shall be provided to the Town before the release
of the Faithful Performance Security.
46. DRIVEWAY APPROACH: The developer shall install one (1) Town Standard High
Capacity Commercial driveway approach. The new driveway approach shall be
constructed per Town Standard Detail S -4.
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. 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.
49. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Standard Specifications for Public Works Construction. All
work shall conform to the applicable Town ordinances. Adjacent public right -of -way shall
be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not
be washed into storm sewers. The storing of goods and materials on the sidewalk and /or
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.
50. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Construction 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.
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51. PERMITS REQUIRED: A separate building permit application shall be required for the
building addition and the new parking lot. Separate Electrical /Mechanical /Plumbing permit
shall be required as necessary.
52. CONSTRUCTION PLANS:. The Conditions of Approval shall be stated in full on the
cover sheet of construction plan submitted for building permit.
53. SIZE OF PLANS: The maximum size of construction plans submitted for building
permits shall be 24 in. X 36 in.
54. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms shall
be blue lined on the construction plans.
55. PLANS: The construction plans for this project shall be prepared under direct supervision
of a licensed architect or engineer. (Business and Professionals Code Section 5538)
56. TITLE 24 ACCESSIBILITY - COMMERCIAL:. On site parking facility shall comply
with the latest California Title 24 Accessibility Standards for disabled. On site general
path of travel shall comply with the latest California Title 24 Accessibility Standards for
disabled. Work shall include but not limit to have accessibility to building entrances from
parking facilities and sidewalks. The building shall be upgraded to comply with the latest
California Title 24 Accessibility Standards for disabled. Necessary work shall be first
investigated by the design architect then confirmed by the Town staff.
57. 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,
in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form
from the Building Department Service Counter. The Town Special inspection schedule
shall be blue lined on the construction plan.
58. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan
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submittal. The specification sheet (Size 24" X 36 ") is available at the Building Department
service counter.
59. APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a) West Valley Sanitation District: 378 -2408
b) Central Fire District: 378 -4015
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on October 20, 1997 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 November 3, 1997.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor Joanne Benjamin.
NAYS: None
ABSENT: Randy Attaway
ABSTAIN: None
SIGNED:
AYOR OF THE TOW F LOS GATOS
LOS GATOS, CALIFO� A
ATTEST:
CLERK OF THE TOWN OFD -LOS GATOS
LOS GATOS, CALIFORNIA
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742 UNIVERSITY AVE
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Tv"L OJrW N OF L Q 8 G-- - Ak - f, Q 8
Application No. DEV -97 -003 Change of zoning map
amending the Town Zoning Ordinance.
Add'it'ional large
attachments or
exhibits have not
been scanned.
Please see
original file for
reference.