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Ord 2047 - Amending the Zoning Ordinance effecting a zone change from RC to HR-1: PD at 14734 Blossom Hill RoadORDINANCE 2047 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM RC TO HR -1: PD AT 14734 BLOSSOM HILL 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 at 14734 Blossom Hill Road shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from RC (Resource Conservation) to HR -1: PD (Hillside Residential, 1 acre minimum, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Demolition of an existing pre -1941 single- family residence (Ayala House); 2. Renovation of an existing pre -1941 single- family residence (Heintz House) and demolition of an existing garage /laboratory (Heintz Lab oratory/Workshop); 3. Preservation of an existing pre -1941 barn; 4. Construction of 43 single- family dwelling units; 5. Landscaping, streets, trails and other site improvements shown and required on the Official Development Plan; 6. Restoration of the proposed open space area to a natural state, including the removal of existing man made structures (e.g. existing access road, summer house site, pool, etc.) 7. Dedication of Open Space Easements and Open Space Land, Trail Easements and Scenic Conservation Easements to the Town of Los Gatos. NASHAMATY72098.17B 1 8. 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. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by Conditional Use Permit. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before the demolition of the single family residence and laboratory, or any 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 Zoning Ordinance. SECTION V The attached Exhibit A (Map) and Exhibit B (Development Plans), 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. DEVELOPMENT STANDARDS (F.A.R,, SETBACKS, HEIGHT, ETC.): Minimum yard setbacks, building heights, and second -story limitations shall be limited to those depicted on the approved development plan. Floor Area Ratios for the non - custom lots in the development shall be limited to a range of 2,600 to 4,000 square feet of gross living area and a range of 450 to 650 square feet of gross garage space. The height and mass of the residences proposed for custom lots 43 and 44 shall be reduced by limiting the height of the houses to 25 feet and shall be designed to step down the hillside. All custom lots in the NASHARMATY72098.17B 2 development shall be constructed by the developer /property owner, shall be constructed as "split level" homes that fit the slope, shall minimize massing and bulk to avoid looking huge and imposing, shall have large yard setbacks, and shall conform to the Town's adopted Hillside Residential Standards. 2. ARCHITECTURE AND SITE APPROVAL REQUIRED. Separate Architecture and Site Applications and approvals shall be required for the residential units and structures proposed. 3. ARCHAEOLOGICAL SURVEY. Prior to the issuance of a Building Permit the property owner /developer shall have a Phase I Archaeological Survey prepared for the property by a qualified archaeologist. 4. ARCHAEOLOGICAL /CULTURAL RESOURCES -1. Should evidence of prehistoric cultural or archaeological resources be uncovered by the Phase I Archaeological Survey or 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 and make appropriate recommendations. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 5. ARCHAEOLOGICAL/CULTURAL RESOURCES -2. If human remains are discovered, the Los Gatos Police Department and Santa Clara County Coroner shall immediately be notified. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 6. ARCHAEOLOGICAL/CULTURAL RESOURCES -3. If the Planning Director, with advise from a qualified archaeologist, finds that the archaeological find is not a significant resource, work would 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 would follow the protocol set forth in Appendix K of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Planning NASHAMATY72098.17B 3 Director for consideration and approval, in conformance with the protocol set forth in Appendix K of the CEQA Guidelines. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 7. ARCHAEOLOGICAL/CULTURAL RESOURCES -4. A final report shall be prepared by a qualified archaeologist when a find is determined to be a significant archaeological site, and /or when Native American remains are found on site. The final report shall include background information on the completed work, a description and a list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. 8. ** *CULTURAL RESOURCES -1. The property owner /developer shall preserve the original portions of the Heintz House, including approximately 4,000 square feet of living space, at its original location. Existing trees and rock walls shall also be preserved as much as possible, subject to grading requirements. The property owner /developer shall construct an interpretive exhibit with photographs and narrative describing the site history will be provided in the linear park across from the house. (CR Mitigation 1.1) 9. ***CULTURAL RESOURCES -2. The property owner /developer shall construct a new garage near the location of the original garage structure. The property owner /developer shall retain the original driveway with some modifications in width, as required for grading. (CR Mitigation 1.2) 10. ** *CULTURAL RESOURCES -3. The property owner /developer shall preserve the barn and replicate one drying shed structure on the project site using materials from other outbuildings on the project site. Drying shed shall be available for the Town's exclusive use to store equipment to be used to maintain the open space. The drying shed will be owned by the Homeowners Association subject to a recorded easement to the Town. The drying shed shall be maintained and insured by the Town. (CR Mitigation 1.3) 11. ** *CULTURAL RESOURCES -4. The property owner /developer shall construct an interpretive exhibit with photographs and narrative describing the Heintz laboratory's history NASHAREUTY72098.17B 4 which will be provided in the linear park across from the Heintz House. (CR Mitigation 1.4). The developer /property owner shall ensure that the historic interpretive exhibits will feature pictures and information about the laboratory and what inventions were created there. 12. SOLAR WATER SYSTEM. Each residence shall be pre - plumbed for a solar water heater system prior to issuance of a certificate of occupancy. 13, COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building permit for each house, a deed restriction shall be recorded by the property owner with the Santa Clara County Recorder's Office that requires all exterior paint colors to be maintained in conformance with the Town's Hillside Residential Standards unless prior authorization is granted by the Town through a separate Architecture and Site Approval. At the time of Architecture and Site application for each new house, the developer /property owner shall provide specific color and material pallets for the houses proposed. Special consideration shall be given. to historic structures and houses not visible from the valley floor to allow those structures to exceed the light reflectivity values specified in the Town's Hillside Residential Standards. 14. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 15. 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. 16. SOLAR. During the Architecture and Site application process all new residences, to the extent feasible, shall be designed to take full advantage of passive solar opportunities. 17. GARAGE DIMENSIONS. Minimum interior clear dimensions of two car garages shall be 20'x 20'. Minimum interior clear dimensions of one car garages shall be 11' x 20'. 18. BELOW MARKET PRICE (BMP) IN -LIEU FEE. A Below Market Price in -lieu fee shall be paid by the property owner /developer pursuant to Town Code Section 29.10.3 025 and any applicable Town Resolutions. The fee to be paid by the property owner /developer for each NASHARMATY72099.17B 5 dwelling unit constructed is based on 6- percent of the assessed value as established by the Building Permit. The fee amount will be based upon the Town Council fee resolution in effect at the time that a final or vesting tentative map is approved. 19. * "NOISE MITIGATION -1. A 5 -foot high earthen berm or a 7 -foot high sound barrier shall be constructed by the property owner /developer along property lines adjacent to landscape buffer along Blossom Hill Road to ensure exterior (55 dBA Ldn) noise levels are achieved at all residences. (N Mitigation 2.1) 20. ***HAZARDOUS MATERIALS MITIGATION -1. A remediation action plan shall be prepared by a qualified environmental engineer that addresses the remediation of the pesticides detected in the soil above regulatory thresholds. The Plan shall be approved by the Santa Clara Department of Environmental Health and the Town and its recommendations shall be carried out in compliance with all local, state and federal regulations and standards. (HM Mitigation 1.1) (Engineering Section) 21, TRAFFIC IMPACT FEES (RESIDENTIAL). The developer shall pay a fee 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 request for Certificate of Occupancy is made. This fee shall be paid before the issuance of the Certificate of Occupancy, The traffic impact mitigation fee established for each unit in this project based on the current fee schedule in effect is $5,730 or a total of $240,660 (based on 42 units, credit given for 2 existing units). 22. DRAINAGE. Roof rainwater leaders for each unit are to be discharged onto energy dissipators, which are designed to spread out the rainwater so that it enters the landscaped areas as sheet flow. Runoff from the site should not be collected into a pipe system, concentrated, and discharged downslope. Control off -site drainage, flowing on to the site, similarly. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or downslope property. Retaining walls shall include provisions for drainage. NASHARMATY72098.17B 6 23 . DRAINAGE MONITORING. The Town's Engineering staff shall monitor the drainage plans with special care to ensure that both the sub - surface and surface drainage problems are adequately addressed in the plans. 24. ***PUBLIC OPEN SPACE EASEMENTS, TRAIL EASEMENTS, AND SCENIC CONSERVATION EASEMENTS. a. Approximately 85 -acres of natural open space in southerly portion of the project site shall be irrevocably dedicated in fee by the property owner/ developer as Public Open Space to the Town, which shall then be responsible for maintaining this land and the improvements to be constructed by the property owner /developer thereon. b. The property owner /developer shall also dedicate public open space easements, trail easements and scenic conservation easements to the Town for the Linear Park and Flowering Orchard along Blossom Hill Road. Maintenance and ownership of this area shall be retained by the development's Homeowners' Association. The Town shall be responsible for the repair and replacement of the paved portion of the Linear Park Trails and the public sidewalk, as deemed necessary by the Town. (LU Mitigation 3.2) 25. COST OF TRAIL, MAINTENANCE. In accordance with the terms of a written Maintenance Agreement adopted concurrently herewith the developer /owner shall contribute funds to the Town for the maintenance of the Public Open Space and Linear Park Trails. The amount of this contribution shall be determined by the Town Council. 26. TENTATIVE MAP. A tentative map shall be submitted for action by the Planning Commission. The tentative map shall be in conformance with the adopted development standards. 27. TRAFFIC ROUNDABOUTS /TRAFFIC CALMING DEVICES. The proposed traffic roundabouts or traffic calming devices shall be retained in the project and the Town's Traffic Engineer and Planning Departments shall review and approve any proposed designs prior to the issuance of approval of a tentative map or issuance of any permits. NASHARMATY72098.17B 28. DOWNTOWN STREET LIGHT STANDARD. The developer /property owner shall install the Town's Downtown street light standard fixture for project street lighting, rather than the standard cobra head street lights used for other subdivision projects. 29. FINAL CC &R'S. Final CC &R's shall be approved by the Town Attorney prior to recordation of the final map. The CC &R's shall include provisions for traffic circulation, vehicle parking enforcement procedures, and maintenance of the Linear Park, Interpretive Exhibits, and Flowering Orchard along Blossom Hill Road. 30. CC &R/DEED RESTRICTION FOR PRESERVATION & MAINTENANCE OF HISTORIC RESOURCES. The developer /property owner shall develop and submit for the Town Attorney's approval, CC &R's and deed restrictions which will provide for the preservation and maintenance of the Barn and the Heintz House. These documents shall include specific requirements that any exterior changes proposed for the Heintz House and Barn will require review by the Historic Preservation Committee. These documents shall also include a disclosure of these requirements to all prospective buyers and future property owners. 31. CC &R/HOMEOWNER'S ASSOCIATION BUDGET FOR MAINTENANCE OF HISTORIC INTERPRETIVE EXHIBITS. The developer /property owner shall ensure that the CC &R's and the Homeowner's Association budget provide for the continued maintenance and level of quality of the proposed wayside interpretive exhibits after they are constructed. 32. ** *WATERWAYS AND FLOODING MITIGATION -1. On -site storm drainage design source controls will be implemented to reduce potential runoff into the storm drainage system by directing potential runoff with design features into landscaped areas for percolation prior to entering the storm drainage system. (WF Mitigation 2.1) 33. ** *WATERWAYS AND FLOODING MITIGATION -2. Hillside runoff will be collected at inlets located behind the existing residential units which are included as part of the proposed drainage system as shown on the approved development plans. (WF Mitigation 2.2) 34. ** *WATERWAYS AND FLOODING MITIGATION -3. A storm detention facility designed with the capacity for a 25 -year storm will be constructed along Blossom Hill Road which NASHAMATY72098.17B g includes a minimum storage capacity of 3,330 cubic feet, and a diversion valve /structure to limit the flow rate to the existing storm drainage system. (WF Mitigation 2.3) 35. ** *WATERWAYS AND FLOODING MITIGATION -4. The CC &R Restrictions will prevent water diversion from percolation areas to the storm drainage system, including the future construction of pools and other impervious surfaces on the site. Any post - project construction site improvements will require the approval of the Town Engineer or designee to ensure there is not increase in storm runoff. (WF Mitigation 2.4) 36. ** *WATER QUALITY MITIGATION -l. The property owner /developer is required to obtain and conform with the requirements of the General NPDES Construction Activity Stormwater Permit and Best Management Practices will be included to limit urban runoff contaminants from entering the storm drains. (W Mitigation 1.1) 37. GRADING PERMIT. A grading permit is required for roadways, on -site driveways, grading, drainage and erosion control. A separate application for a grading permit shall be made to the Development Engineering Section of the Planning Department. The grading plans shall include final grading, drainage, retaining wall locations, driveways, utilities and interim erosion control measures. 38. GRADING MORATORIUM. No grading or earth- disturbing activities shall be initiated between October 1 and April 15 of each year. For all grading operations that commenced before October 1, all grading or earth - disturbing activities shall cease October 15 and will not be allowed to restart until April 15. These limitations include, but are not limited to these items: driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility trenches. Interim erosion control measures, shown on approved interim erosion control plans, must be installed by October 1 is final landscaping is not in place. The interim erosion control measures shall be maintained throughout the October 1 to April 15 moratorium period. The Director of Parks and Public Works may modify these grading moratorium restrictions as he or she deems appropriate in order to expedite the required DDT remediation mitigation measures noted by the EIR. NASHARMATY72098.17B 9 39. ** *TRAFFIC -1. Atwo way left turn lane shall be provided by the property owner/ developer on Blossom Hill Road in the vicinity of the project entrance to facilitate left turn movements in and out of the site. The improvements shall be constructed by the property owner/ developer in accordance with the Town of Los Gatos Standards. 40. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit and public improvement 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, in conformance with Section 6735 of the California Business and Professions Code. 41. DEDICATIONS. The following shall be dedicated on the final snap. The dedication shall be recorded before the issuance of any permits. a. Blossom Hill Road A 45 -foot half - street right -of -way with the chord of a 20 -foot radius return at the intersection. b. Subdivision Internal Public Streets. A street right -of -way varying from 42 -feet to 54- feet as depicted on the approved development plans. C. Public Service Easement (PSE). Ten (10) feet wide, next to the on -site rights -of -way and over the roadways within the site. d. Ingress- egress, storm drainage and sanitary sewer easements covering all private streets as required. C. Storm drainage and sanitary sewer easements, as required. f. ** *Public open space easements, public open space land, trail /corridor easements, and scenic conservation easements as shown on the approved development plans or as required by existing Town ordinances or development standards in place at the time of project approval. (LU Mitigation 3.2) g. Emergency access easement connecting to Surmont Court as shown on the approved development plans. h. A 40 -foot "floating" easement for a future public right -of -way as depicted on the approved development plans. NASHAMATY72098.17B 10 42. PUBLIC ROADWAY WIDTH. The developer /property owner shall construct the project's roadways to a width of 26 feet, except for areas where a parking bay or turn out is located and may require an increased roadway width. 43. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by 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 recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Blossom Hill Road. Curb, gutter, meandering sidewalk/trail, curb ramps, street lights, roadway widening, landscaping, street trees, storm drainage improvements, sanitary sewers, other street signing and striping, as required, and as shown on the approved development plan. b. Subdivision Internal Public Streets. Curb, gutter, parking bays, meandering four (4) ft. sidewalk or trail, curb ramps, street lights, roadway improvements, landscaping, street trees, storm drainage improvements, sanitary sewers, other street signing and striping, as required, and as shown on the approved development plan. C. Open Space /Trails. Trails, signage, poop stations, garbage cans, and an all terrain vehicle (ATV) as depicted on the approved development plan or as required by existing Town ordinances or development standards in place at the time of project approval. 44. ** *UTILITY MITIGATION -1. The property owner /developer shall install a 16 -inch water line in Blossom Hill Road from the project site to Union Avenue to the west to the Greenridge Terrace Zone. This will also provide a zone valve to the Belgatos Zone at Surmont Court (existing low water pressure problem existing in the area) This valve will supply water to this area of the Belgatos Zone in emergency situations via the project site. (U Mitigation 2.1) NASHARMATY72098.17B 11 45. INSURANCE. One million dollars ($1,000,000)of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before recordation of the map. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Parks Section) 46. HORSE TRAILER PARKING. The parking spaces proposed for horse trailers shall be constructed by the developer /property owner to the satisfaction of the Superintendent of Parks and Forestry Services in consultation with the Trails and Bikeways Committee, 47. FINAL LANDSCAPE PLAN. A final landscape plan shall be submitted during the Architecture and Site approval process. 48. ***GEOLOGY MITIGATION -4. Landscaping plans prepared by the property owner/ developer shall minimize the plantings directly adjacent to building foundations to reduce the possibility of irrigation water affecting the foundations or slabs. Any landscaping that is installed adjacent to buildings should be of a type that requires little irrigation. (G Mitigation 1.4) 49. ** *WILDLIFE MITIGATION -1. If any construction activities will occur during the nesting season (February to August), these activities should be preceded by pre - construction surveys for nesting raptors conducted by a qualified ornithologist retained by the property owner/ developer. Surveys should take place no more than 30 days prior to the start of construction. No construction activities (including tree removal, grading, etc.) that would result in disturbance to active raptor nests would proceed. A qualified ornithologist would determine the extent of construction -free zones around active raptor nests located during surveys. The USFWS and CDFG should also be notified of any active raptor nest within the construction zone. 50. ** *WILDLIFE MITIGATION -2. If it is not feasible to avoid ordinance -size trees, then a restoration/preservation plan prepared by a licensed arborist, that avoids impacts to remaining trees and replaces lost trees shall be developed and implemented by the property owner /developer. The plan will encompass various features including the following: NASHARE\ATY72098.17B 12 a. Appropriate on -site locations will be identified for restoration on -site. This will include the creation of habitat in open or grassland habitats or the enhancement (in -fill planting) of sparse woodland habitat on site. The latter situation currently exists in the southeastern portion of the pine plantation, Replacement of lost non - native trees at a 1:1 ratio for trees greater than 12" in diameter. Replacement of native trees greater than 12" in diameter at a 4:1 ratio. b. Replacement trees will be native to the area (e.g. valley oaks, coast live oaks, etc.) Planting stock will be collected locally, if possible. Planting will be conducted from November to January using small nursery stock. The replacement trees should be installed in an environment suitable for their establishment and growth. These trees will be irrigated and maintained for a period of not less than three years. The mitigation site will be protected form future disturbance and the restoration effort will be monitored for 5 years. The plan will also identify appropriate performance criteria in order to measure the success of the restoration efforts. 51. ** *BLOSSOM HILL ROAD LANDSCAPE BUFFER, A 100 foot wide landscape buffer consisting of a "grid" of flowering trees approved by the Town shall be planted by the property owner /developer along the property's Blossom Hill Road frontage as depicted on the approved development plans. The minimum size for these trees shall be 24 -inch box. (LU Mitigation 3.1) 52. ** *LINEAR PARK LANDSCAPING. New native oak and evergreen trees shall be planted by the property owner /developer lining the linear park as depicted on the approved development plans. The minimum size for these trees shall be 24 -inch box. (LU Mitigation 3.1) 53. * * * WATERWAYS AND FLOODING MITIGATION -5. Final landscape plans incorporating the design of the storm drainage detention areas shall be submitted by the property owner /developer and approved by the Town prior to the issuance of Architectural and Site approvals or grading permits. (WIT Mitigation 2.5) NASHARMATY72098.17B 13 54. PROTECTIVE FENCING. Prior to any construction or Building Permits being issued, the applicant shall meet with the Director of Parks and Public Works concerning the need for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. 55. NEW TREES. Newly planted trees shall be double - staked, using rubber tree ties and shall be planted prior to acceptance of the subdivision. 56. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and shrubs. 57. CONSTRUCTION. No construction or grading shall take place within the dripline of existing trees. 58. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the dripline of existing trees shall have aeration tubes installed. 59. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site. 60. 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. (Public Works Section) 61. 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 NASHARMATY72098.17B 14 according to this condition may result in the Town performing the required maintenance at the developer's expense. 62. 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. 63. EROSION CONTROL. 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) unless otherwise authorized by prior approval from the Parks and Public Works Director. 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. 64. ** *GEOLOGY MITIGATION -1. Grading activities shall occur only during periods when excessive moisture does not preclude proper compaction. Surface preparation shall follow the geotechnical report's recommendations regarding stripping vegetation, removing loose soil, and selecting and placing imported fill. (G Mitigation 1.1) 65. ***GEOLOGY MITIGATION -6. An Engineering Geologist shall be present on site to observe the excavation of the north - facing cut slopes in the southern portion of the site. During the site preparation process in this area, any slope instability observed shall be mitigated by such mitigation measures identified by the Engineering Geologist that could include: slope flattening, soil buttressing, or installation of retaining walls. (G Mitigation 2.2) 66. ** *WATER QUALITY MITIGATION -2. The property owner /developer shall ensure that the project will conform to the drainage and erosion control standards of the Town of Los Gatos. (W Mitigation 1.2) NASHARMATY72098.17B 15 67. ***WATER QUALITY MITIGATION -3. The following specific measures would be implemented during the site development phase of the project to minimize post - construction run -off and pollutant discharges: Enhanced landscaping to absorb stormwater runoff and provide settlement filtration prior to discharge into the storm drainage system and on -site drainage, vegetative swales, buffers, sediment barriers and traps, and cascading ponds to minimize contaminants entering the on- and off -site storm drainage system or Ross Creek, stabilization of disturbed areas with permanent vegetation as soon as possible after grading, and installation and maintenance of a storm water system for collection of runoff form the site. (W Mitigation 1.3) 68, ** *NOISE MITIGATION -4. All stationary noise - generating construction equipment, such as air compressors and portable power generators, will be located as far as practical form existing residences. (N Mitigation 3.3) 69. 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, 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. 70. AS -BUILT PLANS. After completion of the construction of all work in the public right -of- way or easements, and before the release of the Faithful Performance Security, the original plans shall have all changes (change orders and field changes) clearly marked. The "As- built" plan shall again be signed and "wet- stamped" by the engineer of record, attesting to the changes. The original plans shall then become the property of the Town. 71. 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. NASHARMATY72098.17B 16 72. 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. (Building Section) 73. ***GEOLOGY MITIGATION -2, Foundations shall be one of the following designs: structural mat, pier and grade beam, or post- tensioned slab. Where slab -on -grad type foundations are used on cut /fill lots, the lots should be subexcavated and back- filled with uniform material. (G Mitigation 1.2) 74. ** *GEOLOGY MITIGATION -3. The property owner /developer shall install a drainage system that minimi storm and/ or irrigation water from seeping beneath the structures. In order to minimi soil saturation adjacent to foundations, measures shall be incorporated into the project such as: appropriate grading directed away from the exterior foundation, installation of subdrain systems around the perimeter of the residences and roof gutters designed and installed so that downspouts carry storm water away from the structures. (G Mitigation 1.3) 75. ***GEOLOGY MITIGATION -5. Structural designs for the development and structures shall incorporate the ground response parameters given for maximum credible earthquakes in the April 1, 1997 Terrasearch, Inc. geology /seismic report. (G Mitigation 2.1) 76, 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 houses. 77. PERMITS REQUIRED. A building permit application shall be required for each proposed structure, Separate Electrical/Mechanical/Plumbing permit shall be required as necessary. 78. CONSTRUCTION PLANS, The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 79. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils NASHARMATY72098.17B 17 report and the building pad elevation and 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. Pad elevation b. Finish floor elevation C. Foundation corner locations 80. ** *HAZARDOUS MATERIALS MITIGATION -2; ASBESTOS. Prior to demolition of the existing residence and outbuildings, building materials shall be sampled and analyzed for the presence of asbestos. The survey shall be completed by a certified asbestos specialist and appropriate measures regarding removal of all identified asbestos - containing materials and disposal shall be taken. Removal of asbestos- containing materials in any identified building shall be performed by a licensed and registered asbestos abatement contractor and shall be disposed of at a landfill permitted to accept asbestos. The asbestos report shall be submitted the Town prior to issuance of the demolition permit. In addition, the applicant will be required to obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to issuance of a demolition permit. (HM Mitigation 2.1) 81. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed to include the following features: a. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water closet, shower and bathtub, located at 34 inches from the floor to the center of the backing, suitable for the addition of grab bars. b. All passage doors shall be at least 32- inches wide on accessible floor. C. Primary entrance shall have a 36 -inch wide door including: a 5 -foot by 5 -foot level landing no more than one inch out of the 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. 82. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR -1R and MF -1R shall be printed on the construction plans. NASHARMATY72099.17B 18 83. 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) 84. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA phase II approved appliances per the Town Ordinance 1905, Tree limbs shall be cut within 10 feet of chimneys. 85. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly. 86. DEMOLITION PERMIT REQUIREMENTS. Contact the Bay Area Air Quality Management District (415) 771 -6000 and complete their process as necessary before obtaining a demolition permit from the Town Building Department. No demolition work shall be done without first obtaining a demolition permit from the Town. 87. TITLE 24 ACCESSIBILITY - COMMON AREAS. On site common areas shall comply with the latest California Title 24 Accessibility Standards for disabled access. Work shall include but not be limited to sidewalks and curb cuts. Open space trails and the linear park trail /path are exempt from this requirement do to the unimproved character of these areas. 88. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal, The Specification sheet (Size 24" x 36 ") is available at the Building Department service counter. 89. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agencies approval before issuance of a building permit: a. Santa Clara County Department of Environmental Health b. Santa Clara County Fire Department C. West Valley Sanitation District d. School Districts: i. Union School District: 377 -8010 ii. Campbell Union High School District: 371 -0960 Note: Obtain the school district forms from the Town Building Department, after the Building Department has approved the building permit. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: NAsHARMATY72098.17B 19 90. REQUIRED FIRE FLOW. Required fire flow is 1500 GPM at 20 psi. residual pressure. 91. PUBLIC FIRE HYDRANT(S). Provide public fire hydrants at locations to be determined jointly by the Central Fire District and San Jose Water Company. Maximum hydrant spacing shall be 500 feet and the minimum single flow hydrant shall be 1500 gallons per minute at 20 psi. residual pressure. 92. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum width of 12 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- percent. Installations shall conform with Fire Department Standard Details and Specifications A -1. 93. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28 -3 5 feet in width. For roadways equal to or greater than 36 feet, parking will be allowed on both sides of the roadway. Roadway widths shall be measured face of curb to face of curb. Parking spaces are based on an 8 -foot wide space. 94. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installation shall also conform to Local Government Standards and Fire Department Standard A -6. 95. TIMING OF REQUIRED INSTALLATIONS. The required fire hydrant and roadway installations shall be in place, inspected, and accepted by the fire department prior to the start of framing. Bulk construction materials shall not be delivered to the site until the hydrants and roadway have been accepted. Clearance for building permits will not be given until such time as this requirement is addressed by the developer. 96, MARKED ROADWAYS. The fire access roadways within the project shall be marked in a manner approved by the fire department to prevent obstruction thereof. NASHARE\ATY72098.17B 20 TO THE SATISFACTION OF THE CHIEF OF POLICE: 97. ***NOISE MITIGATION -2. Demolition and construction activities will be limited to daytime hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m, to 7:00 p.m. on weekends. (N Mitigation 3.1) 98. ***NOISE MITIGATION -3. All internal combustion engines for construction equipment used on site shall be properly muffled and maintained. (N Mitigation 3.2) SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on July 6, 1998, 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 July 20, 1998. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins. Mayor Linda Lubeck. NAYS: None ABSENT: Joanne Benjamin. ABSTAIN: None ,�-- SIGNED: C am/ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LO ATOS LOS GATOS, CALIFORNIA NASHAMATY72098.17B 21 HIM Alls �Nl 7 OWN bl.—E il Il ir I Tk FK 0) I.\I1 9,=.idi � F 0 0 �rt�' v � t`r� k -,�y Y3 -, � ,P, }•��� �'S : �s -' � y fy �( yy Fr Y yHP• 00 1 +.k 4 _ _� - d am { y� x � 4 � • ..t , 5 � , � •f Yr. { _ �. + ��_� '� �'rn i I y � '� A ..� Y � I � 5- 4 p h: `gip b. VOW, i 3 < ,r1- a P ytii ' '� i �`�ti�III' � -` F '. s •L' a 5! �'�' � � , F ��, F ,� a ' ��� p>' „ -���'? ts��. - ' {* r Y�, y1�;, 'ta „ yeS 3�iz� ..c �- ` _^f-. �s_ � - C�- a+'..'�✓�;,a.} .ti r i - :, } # k t ot � f �. '. hiy �'�`�d`��d'T�� -r _ - 't ,. �y. s• �� x'Fs�.,,a t, { +�: �. 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