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Ord 2081 - Amending the Town Code effecting a zone change from R-1:8 and RM:5-12 to RM:5-12 PD for property at 517 Blossom Hill Road, 615 Blossom Hill Road and parcels bordering Placer Oaks DriveORDINANCE 2081 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM R -1:8 AND RM:5 -12 TO RM:5 -12 PD FOR PROPERTY AT 517 BLOSSOM HILL ROAD, 615 BLOSSOM HILL ROAD AND PARCELS BORDERING PLACER OAKS DRIVE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property addressed as 517 Blossom Hill Road, 615 Blossom Hill Road and parcels bordering Placer Oaks Drive (Santa Clara Assessor Parcel Numbers, 529 -16 -042, -026, -073 & 529 -14 -012) 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) and RM:5 -12 (Multiple Family Residential 5 -12 Dwelling Units per Acre) to RM:5 -12 PD (Multiple Family Residential 5 -12 Dwelling Units per Acre, Plamied Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: Construction of up to forty -two (42) apartment units and seven (7) Below Market Price (BMP) apartment units as a maximum; 2. Landscaping, site improvements and amenities, and streets and other improvements shown and required on the Official Development Plan may be changed or increased at the Architecture and Site approval process; 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. Page 1 of 12 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 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. The Architecture and Site approval may change the building layout, size of the buildings and the number of units before construction can commence. The Architecture and Site application shall also deal with improvements on the property such as the sound wall and requirements and restrictions concerning the sound wall and other developments. 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 DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 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. DEVELOPMENT STANDARDS (SETBACKS, HEIGHT, PARKING, ETC.): Minimum yard setbacks, building heights, etc. shall be limited to those depicted on the approved development plan. All setbacks shall comply with the approved development plan. 3. FUTURE ADDITIONS: No additional square footage shall be permitted to any of the units. 4. * "MITIGATION #1( HAZARDS): Prior to project construction, aPhase 1 SiteAssessment shall be prepared to determine the presence of hazardous materials in site soils. The assessment shall focus on portions of the site where fill has been placed. If required, the Assessment shall provide appropriate recommendations of any required remediation. Page 2 of 12 5. ***MITIGATION #2(CULTURAL RESOURCES): In the event that archaeological traces are encountered, all construction within a 50 -meter radius of the find will be halted, the Planning Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. 6. ** *MITIGATION #3 (CULTURAL RESOURCES): If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subj ect to his authority, he will notify the Native American Heritage Commission, who will attempt to identify descendants of the deceased Native Americans. 7. ***MITIGATION #4(CULTURAL RESOURCES): If the Planning Director finds that the archaeological find is not a significant resource, work will 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 will 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 Director for consideration and approval, in conformance with the protocol set forth in Appendix K of the CEQA Guidelines. 8. ** *MITIGATION #5(CULTURAL RESOURCES): A final report will be prepared when a find is determined to be a significant archaeological site, and /or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 9. FENCING. All proposed fencing for the development shall be reviewed during the Architecture and Site approval process. 10. S OUNDWALL. Final details of the soundwall shall be provided during the Architecture and Site approval process. Gate(s) shall be provided in the soundwall to access the landscape area adjacent to Highway 17 for maintenance purposes. Maximum height of the wall shall be eight feet with a six to eight foot tall berm to meet the recommendations of the noise study referenced in performance standards number 33 and 34. 11. BMP UNITS. The Developer shall work with the Director of Community Services during the Architecture and Site approval process to make the required arrangements for the BMP rental units. 12. BMP PARKING. The assigned parking spaces for the units will be further reviewed during The Architecture and Site Approval process. 13. DEPRESSED GARAGES. Slope details of the driveway to the depressed garages shall be Page 3 of 12 provided during the Architecture and Site approval process. 14. STUDY SESSION. Prior to the Architecture and Site hearing for all of the improvements articulated with the changes and finalizing the plan, a noticed study session, involving all interested parties and the Planning Commission shall occur. 15. CONSTRUCTION TRAFFIC: The developer shall develop a construction schedule and a traffic control plan during the Architecture and Site approval process to minimize the potential for traffic safety and congestion impacts to the neighboring streets during construction. 16. LOFTS: During the Architecture and Site approval process, the Planning Commission shall consider whether or not the loft should be removed. 17. FIRE ACCESS ROAD MATERIAL: The applicant /developer shall work with the Fire Department during the Architecture and Site approval process, to determine if interlocking pavers can be used for the fire access road. (Building Division) 18. PERMITS REQUIRED: A building permit application shall be required for each proposed structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary. 19. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 20. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 inches x 36 inches. 21. 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. 22. 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. 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 Page 4 of 12 C. Foundation corner locations 23. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -1 R AND MF -1R shall be blue lined on the construction plans. 24. 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) 25. HAZARDOUS FIRE ZONE: This project requires Class A roofing assembly. 26. TITLE 24 ACCESSIBILITY - MULTIFAMILY: On site parking facility shall comply with the latest California Title 24 Accessibility Standards for disabled. 27. TITLE 24 ACCESSIBILITY - MULTIFAMILY: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 28. TITLE 24 ACCESSIBILITY - MULTIFAMILY: The buildings shall fully comply with the latest California Title 24 Accessibility Standards. 29. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Department Service Counter. The Town Special inspection schedule shall be blue lined on the construction plan. 30. 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 inches x 36 inches) is available at the Building Department service counter. 31. 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. 32. CONSTRUCTION HOURS/NOISE. Construction work hours shall be limited to 9:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends and holidays. Page 5 of 12 Procedures with the highest noise potential shall be scheduled for the times during which the ambient noise levels are highest (i.e., during peak commute hours.) The developer's contractor shall employ the quietest alternative equipment to muffle or control noise from available equipment. Especially noisy operations such as mixing concrete shall be performed off -site and not in the general vicinity of the project site. 33. **"MITIGATION #8 (NOISE): The project shall be required to include a noise wall along the project boundary that is contiguous to the Highway 17 freeway with the height specifications as recommended in the detailed noise study. 34. ** *MITIGATION #10 (NOISE): To control flanking noise, the barrier shall continue along the southern property boundary as specified in the detailed noise study (attachment 1 of the Initial Study). 35. ** *MITIGATION #11 (NOISE): In order to meet Title 24 interior noise standards, the project shall implement general construction measures as well as window and door controls as recommended in the detailed noise study (attachment 1 of the Initial Study). TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 36. LOT MERGER REQUIRED. A separate Lot Merger application submittal and approval is required for the proposed project prior to the issuance of building permits. 37. GRADING PERMIT. A grading permit is required for all on -site improvement, grading, drainage and erosion control. A separate application for a grading permit (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department. The grading plans shall include final grading, drainage retaining wall location, driveway, utilities and interim erosion control. 38. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit or 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 or geologist, in conformance with Section 6735 of the California Business and Professions Code. 39. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication shall be recorded before any permits are issued. Reciprocal ingress- egress, storm drainage and sanitary sewer easements, with adjacent properties, as required. Page 6 of 12 40. TRAFFIC IMPACT MITIGATION FEE (MULTI - FAMILY RESIDENTIAL). The developer shall pay a proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit applications is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $194,922. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on apartment use. 41. 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. 42. 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. 43. PUBLIC WORDS 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. 44. GRADING MORATORIUM. No grading or earth - disturbing activities shall be initiated in hillside areas between October l and April 15 of each year. For grading operations commenced before October 1, all grading or earth - disturbing activities shall cease October 15 and will not be allowed to restart until April 15. Grading permits will not be issued between September 15 and 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. Install interim erosion control measures, shown on the approved interim erosion control plan, by October 1, if final landscaping is not in place. Maintain the interim erosion control measures throughout the October 1 to April 15 period. 45. GRADING INSPECTIONS. The soils engineer or her /his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy /Certificate of Completion. Page 7 of 12 46. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall - -top of wall elevations and locations. b. Toe and top of cut and fill slopes. 47. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Development Division of the Parks & Public Works Department. On sites over five (5) acres, allotice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of an area and stabilizing /building on 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. 48. NONPOINT SOURCE POLLUTION PREVENTION. On -site drainage systems shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 49. ACCESS DRIVEWAY TO ADJACENT CONDOMINIUMS. A "Stop" sign and stop bar shall be placed on the exit portion of the driveway that is to be built to access the condominiums to the south of the project site. 50. 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. 51. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 52. 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. Page 8 of 12 53. MITIGATION #6 (TRANSPORTATION /CIRCULATION): The minimum inside turning radius for dead -end, two -way aisles shall be 20 feet. Either the two dead -end aisles shall be redesigned to achieve such a radius or hammerhead -type design shall be employed. 54. LANDSCAPE MAINTENANCE AGREEMENT: Prior to issuance of a building permit, a five year Landscape maintenance Agreement shall be entered into. (Parks and Forestry Division) 55. NEW TREES: All newly planted trees are required to be double staked to Town standards and shall be planted prior to final occupancy. 56. TREE REMOVAL PERMITS. Tree Removal Permits shall be obtained prior to the issuance of a Building and /or Grading Permit. 57. TREE PROTECTION ON -SITE AND OFF -SITE. All existing trees both on and off -site in the immediate vicinity of the project which may be affected by construction and are not approved for removal shall be protected prior to and during construction. 58. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a four foot high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. 59. IRRIGATION SYSTEM. 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 vegetation or any water sensitive species such as Oak trees. 60. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. TO SATISFACTION OF SANTA CLARA COUNTY CENTRAL FIRE DISTRICT: 61. CONSTRUCTION: All buildings shall be Type V -1 hour construction based upon occupancy type. 62. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. The buildings shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall Page 9 of 12 be hydraulically designed per National Fire Protection Association (NFPA) Standard #13, 1994 Edition. 63. FINAL REQUIRED FIRE FLOW: The final required fire flow is 1,500 GPM at 20 psi. residual pressure with the installation of the automatic fire sprinkler system. This flow shall be taken from any two fire hydrants, on or near the site so long as they are spaced at a maximum spacing of 250 feet. 64. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide four public fire hydrants at locations to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. 65. PRIVATE FIRE HYDRANT(S) REQUIRED. Provide private on -site hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing shall be 250 and the minimum single flow hydrant shall be 1,500 GPM at 20 p.s.i. residual pressure. Prior to designing the system, the project civil engineer shall meet with the fire department water supply officer to jointly spot the hydrant locations. 66. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Required Fire Service and Fire Hydrant installations shall be installed, tested and accepted by the Fire Department, prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 67. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, and a maximum slope of 10- percent and vehicle loading of 52,000 pounds. 68. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide an approved fire department engine roadway turnaround with a minimum 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. Cul -De -Sac Diameters shall be no less than 72 feet. 69. FIRE LANE MARKINGS REQUIRED. Provide markings 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. Page 10 of 12 70. 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. 71. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads up through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 72. FIRE LADDER TRUCK SET UP AREA(S) OPTION: Provide Fire Department Ladder Truck set up areas with a minimum unobstructed width of 30 feet and a minimum length of 60 feet. Area shall support 75,000 pounds of gross vehicle weight. Area shall be paved or other engineered surfaces may be used with Fire Department approval. 73. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background and be a minimum of four inches in height. 74. EMERGENCY ACCESS ROAD GRADIENT: Provide a gradient for the emergency access road. Confirm that this roadway is passable to emergency apparatus. Roadway shall be all - weather and a minimum of 12' in width. Continue to maintain the additional secondary access point between the existing apartment complex and the professional building complex to the south of this proposed development. 75. FIRE ACCESS ROAD: The fire access road shall be used for emergency access only (both vehicular and pedestrian). TO THE SATISFACTION OF THE TOWN ATTORNEY 76. GRAFFITI REMOVAL. The developer shall post a letter of credit or cash in the sum of twenty thousand dollars ($20,000.00) which shall be maintained for a period of fifteen (15) years for the removal of graffiti on the sound wall once construction has been completed. Page 11 of 12 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on March 5, 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 March 19, 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: tAYOR OF OWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: V CLERK OF THE TOWN OF L GATOS LOS GATOS, CALIFORNIA S. W1y31901.12.wpd Page 12 of 12 1617393 ilm f � T T 7 C OU W N11 -0 MV L Q S) G-- A� - T - �� 0: Sj I Application No. tDc;T V - 9 9 .-- C> � ► Change of amending the S.Zone Change ❑ Prezoning Town Zoning Ordinance. from .® ► Z-to to _ zoning map EaccHoerAe by Planning Commission I date 10 1 Approved by Town C uncil date _Rl to j rd. t ' Town Clerk` M avor Add'it'ional large attachments or exhibits have not been scanned. Please see original file for reference.