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
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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
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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.
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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.
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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)
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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
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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)
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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
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NOTES:
1. PLAN WAS PREPARED BY THE TOWN oF LOS oAroo
ENGINEER DEPARTMENT
2. NOTES oYGUMMERH|LLHOMES.
3. FOR GENERAL INFORMATION ONLY.
ILIA L
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1. PLAN WAS PREPARED 8Y THE TOWN oF LOS oAToo
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ONE