Ord 2079 - Amending the Town Code effecting a zone change from R-1:8 to RM:5-12:PD for property located at 1300 Pollard RoadORDINANCE 2079
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R -1:8 TO RM:5 -12:PD FOR PROPERTY LOCATED
AT 1300 POLLARD ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property at
1300 Pollard Road (Santa Clara Assessor Parcel Numbers, 409 -05 -029) shown on the map which is attached
hereto marked Exhibit A and is part of this Ordinance, from R -1:8 (Single Family Residential, 8,000 square
foot minimum) to RM:5 -12 PD (Multiple Family Residential
5 -12 Dwelling Units per Acre, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following
construction and use of improvements:
1. Construction of twelve (12) Townhouse units (Eleven (11) market price and one (1) Below
Market Price (BMP);
2. Landscaping, streets, and other improvements shown and required on the Official
Development Plan;
3. Uses permitted are those specified in the RM:5 -12 (Multiple Family Residential 5 -12
Dwelling Units per Acre) zone by Sections 29.40.610 (Permitted Uses) and 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 a Conditional
Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan specifically
shows otherwise.
SECTION IV
Architecture and Site Approval and Subdivision Approval is required before construction work for
the dwelling units is performed, whether or not a permit is required for the work and before any permit for
construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130
of the Town Code.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans), are part of the Official
Development Plan. The following must be complied with before issuance of any grading, or construction
permits:
(* * * MITIGATION MEASURES)
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate architecture and site
application and approval is required from the Town prior to the issuance of any permits or construction on
site.
2. BELOW MARKET PRICE (BMP) UNITS: One (1) BMP unit will be provided as part of
the approved development plan per Town Code Section 29.10.3025 and 29.10.3030.
3. * * *MITIGATION #1 (AESTHETICS): As part of the Architecture and Site review process,
the DRC should consider additional measures to help maintain privacy at existing adjacent residences
located east of proposed Unit 14. These measures could include: retention of as many existing trees as
possible such as the redwood tree located at the boundary between Units 12 and 13 and incorporation of
architectural features such as building orientation, window placement, or setbacks. In addition, when
considering loss of privacy, the DRC should consider any modifications to landscape tree plantings that may
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be required by the Santa Clara Valley Water District as part of their permit review process.
4. SUBDIVISION REQUIRED. A separate Subdivision application submittal and approval is
required for the proposed project prior to the issuance of building permits.
5. FENCING. All proposed fencing for the development shall be reviewed during the
Architecture and Site approval process.
6. DEED RESTRICTION. A deed restriction shall be recorded to prevent vehicular parking in
the driveway /Fire Department Turnaround area in front of Lot 10. The deed restriction shall be recorded
prior to the issuance of a building permit.
(Building Section)
7. PERMITS REQUIRED: A building permit application shall be required for each proposed
structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary.
8. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
9. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
10. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations shall be submitted with the
Building Permit application. This report shall be prepared by a licensed civil engineer specializing in soils
mechanics.
11. 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 report and the building
pad elevation and on -site retaining wall locations and elevations are prepared according to approved plans.
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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
12. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residences shall be designed
with adaptability features for single- family residences per Town Resolution 1994 -61.
1. Wooden backing (no smaller than 2 "x8 ") shall be provided in all bathroom walls at water
closets, showers and bathtubs, located at 34 inches from the floor to the center of the backing, suitable for
the installation of grab bars.
2. All passage doors shall be at least 32- inches wide on accessible floors.
3. Primary entrance shall have a 36 -inch wide door including, a 5 -foot by 5 -foot level
landing no more than 1 -inch out of plane with the immediate interior floor level, with an 18 -inch clearance
at interior strike edge.
4. Door buzzer, bell or chime shall be "hard" wired.
13. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -1R
AND MF -1R shall be blue lined on the construction plans.
14. 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)
15. HAZARDOUS FIRE ZONE: This project requires Class A roofing assembly.
16. 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.
17. 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
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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.
18. NONPOINT 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.
19. APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a) West Valley Sanitation District: 378 -2407
b) Santa Clara County Fire Department: 378 -4010
c) Los Gatos School District: 395 -5570 (Note: Obtain the School district form from the
Town Building Department, after the Building Department has approved the building
permit.)
20. ***MITIGATION #9 (NOISE): All project units shall have conventional construction with
closed windows and fresh air supply systems or air conditioning in order to provide adequate noise
attenuation to maintain acceptable interior noise levels of 45 dBA (CNEL or Ldn). The upper portions of
Units 9 through 15 (those directly exposed to freeway noise) would extend above the freeway noise barrier
and shall have upgraded acoustical treatment (e.g., baffling of vents, double -paned windows, etc.) to ensure
that a 45 -dBA interior level is achieved. Prior to the issuance of a building permit and a Certificate of
Occupancy, an acoustical analysis is to be prepared to demonstrate conformance with the 45dBA interior
noise level limitation.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Section)
21. GRADING PERMIT. A grading permit is required for all on -site improvements. A se arate
application for a grading permit (with grading plans) shall be submitted to the Town. The grading plans
shall include final grading, drainage retaining wall location, driveway, utilities and interim erosion control.
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22. SOILS REPORT. One copy 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, pavement design, retaining wall design and erosion control. The reports shall be signed
and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California
Business and Professions Code.
23. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitted
to the Engineering Section of the Parks and Public Works Department for review and approval. Submittals
shall include closure calculations, title reports and appropriate fee. The map shall be recorded before any
permits are issued.
24. DEDICATIONS. The following shall be dedicated on the final map. The dedication shall
be recorded before any permits are issued.
1. Public Service Easement (PSE). Ten (10) feet wide, next to the * Drive right -of -way.
2. Ingress- egress, storm drainage and sanitary sewer easements, as required.
25. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor
& Materials Security before the issuance of a building permit or the recordation of a map. The
improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
Pollard Road. Gutter, curb ramps, street light, tie -in paving, signing, striping, storm drainage
and sanitary sewers, as required.
26. 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.
27. ** *MITIGATION #2(GEOLOGY): The project shall incorporate all 35 recommendations
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included in United Soil Engineering's geotechnical investigation for the proposed project (included as
Attachment 1 of the 1300 Pollard Road Initial Study dated January 2000) in order to minimize the potential
impacts resulting from regional seismic activity and subsurface soil conditions on the site.
28. GRADING INSPECTIONS. The soils engineer or his /her qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading report before
Occupancy /Certificate of Completion.
29. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve cumulative development
within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect
at the time the request of Certificate of Occupancy is made. the fee shall be paid before issuance of the
Certificate of Occupancy. The traffic impact mitigation fee for this project using the current fee schedule
is $4,464.00 per unit. The final fee shall be calculated form the final plans using the rate schedule in effect
at the time of the request for a Certificate of Occupancy.
(Public Works Section)
30. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town
ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end
of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and
materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The
developer's representative in charge shall beat the job site during all working hours. Failure to maintain the
public right -of -way according to this condition may result in the Town performing the required maintenance
at the developer's expense.
31. 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.
32. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting an 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
ow work that went on without inspection.
33. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
1. Retaining wall- -top of wall elevations and locations
2. Toe and top of cut and fill slopes
34. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Development Section of the Parks and Public Works Department. A maximum
of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading 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 down stream water quality during winter months.
35. NONP01NT SOURCE POLLUTION PREVENTION. On -site drainage systems shall
include a filtration device in the catchbasins or a grease and oil separator shall be installed.
36. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code §27.50.015(b). Cable
television capability shall be provided to all new homes.
37. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of developer's
operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs,
pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced
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to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced
shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
38. DRIVEWAY APPROACH. The developer shall install one (1) Town standard commercial
driveway approach. The new driveway approach shall be constructed per Town Standard Detail.
39. 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 civil engineer who prepared
the plans, attesting to the changes. The original "as- built" plans shall be review and approved the
Engineering Construction Inspector. A Mylar of the approved "as- built" plans shall be provided to the Town
before the Faithful Performance Security is released.
40. 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.
(Parks and Forestry Section)
41. TREE STAKING: All newly planted trees are required to be double staked to Town
standards and shall be planted prior to final occupancy.
42. TREE REMOVAL PERMITS. Tree Removal Permits shall be obtained prior to the issuance
of a Building and /or Grading Permit.
43. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of
this plan and must remain on site.
44. LANDSCAPING. All newly planted landscaping shall be irrigated by an in- ground irrigation
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system.
45. WATER EFFICIENT ORDINANCE. This project is subject to the Town's Water Efficient
Ordinance. A fee of $472 is required when the landscape, irrigation plans, and water calculations are
submitted for review.
46. TREE PROTECTION. Require tree protection fencing to be placed at the dripline of existing
trees to be saved in the area of construction, which are located on an adjacent parcel. Fencing shall be four
feet high chain link attached to stell poles driven two feet into the ground when at the dripline of the tree.
If the fence has to be within eight feet of the trunk of the tree a fence base may be used, as in a typical chain
link fence that is rented. The fencing must be inspected and approved by the Parks Superintendent and must
be installed prior to issuance of a grading and /or building permit.
47. ARBORIST REPORT: Require a competent arborist to provide direction for preservation
of existing trees and tree protection. These directions will be reviewed by the Parks and Forestry
Department and an assessment will be made to determine what will be required for this project.
48. * "MITIGATION #5 (BIOLOGICAL RESOURCES):The consulting arborist shall identify
a tree protection zone for trees for the two oak trees to be preserved, in which no soil disturbance is
permitted. The tree protection zone shall be defined by the driplines of these trees. The trunk locations and
driplines of the oak trees to be retained shall be plotted and Tree Preservation Notes shall be included on
all plans. Proposed improvement plans, utility and drainage, grading plans, landscape and irrigation plans
shall be reviewed by the consulting arborist to ensure that the two oaks will not be adversely affected.
49. * * *MITIGATION #6(BIOLOGICAL RESOURCES): No grading, construction, demolition,
or other work shall occur within the tree protection zone. Any grading, construction, demolition, or other
work that is expected to encounter roots of trees to be retained shall be monitored by the consulting arborist.
50. ** *MITIGATION #7(BIOLOGICAL RESOURCES): Any root pruning required for
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construction purposes shall receive the prior approval of, and be supervised by, the consulting arborist.
51. ** *MITIGATION #8(BIOLOGICAL RESOURCES): No excess soil, chemicals, debris,
equipment, or other materials shall be dumped or stored withing the tree protection zone.
52. TREE DRIPLINE LIMITATIONS. Construction or grading is prohibited within the dripline
of existing trees. Tree protection fencing is required at the dripline of the trees proposed to be retained, prior
to and during construction. This condition applies to both on -site and off -site trees in the immediate vicinity
of the proposed project which may be affected by the proposed construction of this project.
TO SATISFACTION OF SANTA CLARA COUNTY CENTRAL FIRE DISTRICT:
53. REQUIRED FIRE FLOW: Required fire flow for this project is 1,750 GPM at 20 psi residual
pressure. The required fire flow is available from area water mains and fire hydrant(s) which are spaced at
the required spacing.
54. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide two public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant
spacing shall be500 feet, with a minimum single hydrant flow of 1,750 GPM at 20 psi, residual. Prior to
applying for building permit, provide civil drawings reflecting all fire hydrants proximal to the site. To
prevent building permit delays, the developer shall pay all required fees to the water company. Note, one
hydrant to be located off -site at the entry gate, one hydrant to be located inside the development on the
emergency access road.
55. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire service(s) and fire hydrants(s) shall be tested and accepted by the Fire Department, prior to the start of
framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required
installations are completed, tested, and accepted.
56. FIRE APPARATUS (Hydrant). Prior to project inspection, the general contractor shall
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ensure theat a `Blue" dot has been placed in the roadway, as directed by the fire department.
57. FIRE APPARATUS (ENGINE) TURN - AROUND REQUIRED. Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Installations shall conform with Fire Department Standard Details and Specifications A -1. Cul -De -Sac
Diameters shall be no less than 72 feet.
58. FIRE APPARATUS (Hydrant). Portions ofthe structure(s) are greater than 150 feet of travel
distance from the centerline of the roadway containing public fire hydrants. Provide an on -site hydrant or
provide an approved fire department sprinkler system throughout all portions of the building.
59. 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 -35 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 to face of curb. Parking spaces are based on an 8 ft. wide space.
60. FIRE LANE MARKING. Provide marking for all roadways within the project. Markings
shall be per fire department specifications. Installations shall also conform to Local Government Standards
and Fire Department Standard Details and Specifications A -6. This shall apply to all roadway, driveway and
fire department turn - around areas.
61. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of
construction. Bulls materials shall not be delivered to the site until installation is complete. During
construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit
issuance may be withheld until installations are completed.
62. DRIVEWAY TURNAROUND. The Fire Department Turnaround will remain in front of Lot
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10 as depicted on the Development Plans.
63. DRIVEWAY TURNAROUND. The surface of the Fire Department Turnaround will be a
different color and texture from the surrounding pavement and will be constructed of distinctive hard surface
such as stamped concrete, pavers, or equivalent, as approved by the Santa Clara County Fire Department
and the Community Development Department.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos
on January 16, 2001, and adopted by the following vote as an ordinance of the Town of Los Gatos at a
meeting of the Town Council of the Town of Los Gatos on February 5, 2001. This ordinance takes effect
30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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67393
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EXHIBIT