Attachment 10Z OWN pp
TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
S GAT
Meeting Date: September 14, 2011
PREPARED BY: Suzanne Davis, Senior Planner
sdavis@losgatosca.gov
APPLICATION NO: Planned development Application PD -10 -001
Negative Declaration ND -10 -001
ITEM NO: 2
DESK ITEM
LOCATION: 135 Riviera Drive (accessed from Milbrae and Rushmore Lanes, off
Towne Terrace)
APPLICANT: Tim Steele
PROPERTY OWNER: Sobrato Interests IV
CONTACT: Tim Steele, The Sobrato Organization
APPLICATION
SUMMARY: Requesting approval of a Planned Development for renovation and
expansion of an existing apartment complex (Riviera Terrace) on
property zoned RM:12 -20. APNs 529 -13 -016, 529 -09 -031 and 034.
DEEMED COMPLETE: February 28, 2011
FINAL DATE TO TAKE ACTION:
a. Final action on the Mitigated Negative Declaration (MND) is
required by CEQA Section 15107, within six months of the
application being deemed complete (August 28, 2011).
b. Rezoning applications are legislative acts and are therefore not
governed by the Permit Streamlining Act,
EXHIBITS: L -25. Previously received under separate cover
26. Letter from Lee Quintana (7 pages), received September 12,
2011
27. Density Bonus information submitted by Lee Quintana (14
pages), received September 13, 2011
28. Revised PD Ordinance
REMARKS
Density Bonus
Exhibits 26 and 27 were submitted following distribution of the Plamling Colmnission packets.
The staff report contains a discussion on the State Density Bonus law and how it applies to the
proposed project. The connnenter disagrees with the staff interpretation on the maximum
number of units that could potentially be developed on the site. Staff has also spent considerable
time reviewing the State law and has spoken with other jurisdictions on the applicability of the
density bonus. Application of General Plan Policy HOU -13 provides for a 100% density bonus
A e' €`A CHrV,&Erq - p 1 0
Plamiing Connnission Staff Report - Page 2
135 Riviera Drive /PD -10 -001, ND -10 -001
September 14, 2011
for affordable housing units and sets the base density in conjunction with the RM:12 -20 zoning.
State Density Bonus law is then applied to determine the potential yield.
Riparian Corridor
Staff contacted Santa Clara Valley Water District regarding the applicant's approach to the
riparian canopy and the proposed planting restoration plan. On September 13, 2011 the Town
received the following comments from the District:
• Though the District does not set setback distances (that is the role of the Town), it
continues to support and recommend the site design include an increased buffer to the
creek.
• The planting of vines on the fence at the creek top of bank to shield the creek from the
parking area could become problematic on the creek bank depending on the species that
is chosen. Vines planted here will likely only be maintained on the parking lot side of the
fence with no maintenance on the creek.
• In general the District supports restoration/enhancement plantings along the creek with
the use of native riparian species grown from the watershed (Los Gatos Creek in
watershed in this case). It is not clear where the plantings are proposed, i.e. at the top of
bank or within the banks. If this is to be added as mitigation, a monitoring and
maintenance program needs to be developed.
• The applicant does not own all the property proposed to be included in the mitigation
measure to remove invasive species. If Caltrans does not agree to the use of their
property this measure may not be fully implementable.
The applicant's biologist will be available tonight to respond to these continents. The Plarming
Commission could include the second and third bullets as performance standards in the draft pD
Ordinance.
PD Ordinance
Exhibit 27 is a revised PD Ordinance (a performance standard relative to dedication of Los Gatos
Creek was eliminated).
Prepared by:
Suzanne Davis, AICP
Senior Planner
Wendie R. R ne
Director of Corurrfunity Development
WRR:SD:ct N;\DEVV'C REPORTS\201 ARiviera 135- dsk091411.doe
Comments for Planning Commission Agenda Item #2 - Riviera Terrace
To: Planning Commission Chair Marico Sayoc and Commission Members\
From: Lee Quintana
Subject: Item 2 on 9/14/11 Planning Commission Meeting RECEIVED
Riviera Terrace Apartment Expansion
Date: 9 /1//11 SEP 1 2 2011
OF
Chair Sayoc and Commissioners: T BUIL DIN LOS GATOs
UILCs DIVISION
My thoughts and concerns regarding the Riviera Terrace PD application are divided into
the following sections:
A.Primary concerns
B.General Thoughts and Impressions
C.Section 65915 of the Government Code /State Density Bonus Law
1. History of the Law
2. Relevant Sections of the Law
3. Calculation of the Density Bonus for the Proposed PD under the State Law
4. Other Relevant Sections of the State Law
D.Concessions Required by the proposed PD under State Law
E.Town's BMP and density bonus regulations
F. Summary Description of the Project
The fact that this is the first project the Town has processed under the State Density
Bonus Law Section 65915 paw or state law) and because of the uniqueness of the
complex I urge you to carefully consider this application. I request you continue the
item a second time to further study the issues that I and others have raised. I thank you
in advance for your consideration.
A. Primary concerns
Th!,%Aetter will primarily primarily address the following two topics:
1 The 4 remaining murals at Riviera Terrace
2. Staff's calculation of the number of bonus units granted this PD application using
Section Section 65915 of the Government Code. I seriously doubt that they are
correct. These first two items are discussed in more detail below.
3. 3. However a third area of concern remains the projects interface with the
riparian canopy and riparian corridor which 1 will discuss briefly below.
H.T. Harvey and A letter dated 9/7111 recommended a number of additional mitigation
measure to add to the Negative Declaration. Some of their recommendations will
require the cooperation and permits from SGVWA but may also require permits from
CDFG or the Army Corp of Engineers. The newly proposed riparian restoration
mitigation would be considered deferred mitigation under CEQA. Not only is there no
detailed restoration plan, but the implementing the restoration program and invasive
species control would require permission from outside agencies. The feasibility of
implementing the mitigation has not been established and under CEQA, therefore,
-, x 1 e5, €r z 6
Comments for Planning Commission Agenda Item #2 - Riviera Terrace 2
impacts to the riparian area would still be considered potentially significant. Projects
processed under the State Density Bonus Law are not exempt from CEQA.
B. General thoughts and impressions:
Riviera Terrace is one of two apartment complexes in Los Gatos where I would consider
living. Riviera Terrace is a very unique apartment complex. My first time I visited I was
greeted by the full mosaic murals near the entrance. I was speechless. And then there
were four more murals! Wow! I felt like I had fond a buried treasure. What an incredible
cultural jewell hidden in Los Gatos. At the time I wrote my letter for the Planning
Commission Meeting on 7113111 l was not aware that the entrance mural had been
removed. What a shock . My first thought was, "Well, so much for preserving our past
cultural heritage, so much for saving significant cultural resources." I keep wondering
why haven't these murals been designated a Landmarks to protect them as a
significant cultural resource, or at least identified as a potential significant resource.
They weren't even mentioned in the staff report or in the Negative Declaration.
Because they were not built before 1941?
This is a unique apartment complex. Yes, the architecture is plain but it is more than
compensated for by its creekside setting, the amount of mature landscaping, the large
area for active recreation even though the site is developed with a high density complex
(21 units /acre) it still retains a wonderful open feeing of the site. And, of course, those
incredible murals. No consideration appears to have been given to the possible effects
construction my have on the murals. I can't understand why the murals haven't been
studies by either a cultural historian or an art historian. Or why a maintenance and
restoration program isn't included in the conditions of the PD ordinance.
This is also a unique project because it is the first to be processed by the Town
under the State Density Bonus Law (Sec. 65915). It will set a precedent for how
the density bonus on other projects will be calculated. Please consider this
project carefully.
And yes, I understand that the State Density Bonus Law to requires to grant a density
consistent with the State Law. And I understand that the developers would like to
maximize their profits and that the State Law allows more bonus units then it would
qualify using the Towns regulations. However, I think a better project is possible that will
consistent with the State Law but preserve more of what makes this such a special and
unique place.
Please consider again continuing this PD to allow time to resolve these issues.
After reading 65915, both as amended in 2004 and 2008 more times then I care to
remember I am even more convinced that the Town has over estimate the maximum
number of units the Town is required to grant the applicant. Processing the application
consistent with the State Law would reduce the number of new units which would allow
as calculated by staff and would allow a revised site plan that could preserve some of
the open space feeling as well as reduce the impacts of the project as well.
Comments for Planning Commission Agenda Item #2 - Riviera Terrace 3
I continue to have difficulty following the reasoning of staff in arriving at 50 new units.
This is especially so because, while over time the numbers haven't changed but the
explanations have. The application is not being processed under the Town's regulations
so the explanation that 24 units was added to the maximum number of unit possible
under the state law because does not count them towards density. But if they were not
being counted towards density why were then added rather than subtracted? Another
explanation that the number of bonus units was determined by adding the minimum
number of bonus units allowed by the state law(20% of 118 or 24) to the maximum
number of bonus units allowed by the state law does not appear supported by the Sec.
65915.
The law does provide for the possibility of a local government granting a density bonus
greater than required by the State Law. However, the 2008 amendments to 65915 (n)
make it clear that that is only possible if the local government has an adopted ordinance
that specifically allows a greater bonus to be granted. The Town has not adopted an
ordinance yet bringing the Town's regulations consistent with the State Law nor does it
have any ordinance authorizing a density bonus greater than the maximum 35%
specified in 65915 it is not possible to grant more than the 35% maximum bonus that
the PD qualifies for under the State Law. So 1 have given up trying to follow the
reasoning followed by staff. Instead in the discussion below I have tried to lead you
through my reasoning, hopefully in a way that is understandable. My comments are
organized into the following sections.
C. Section 65915 of the Government Code - The State Density Bonus Law (state
law)
The state law is somewhat complex and confusing, though AB 2280, the 2008
amendments helped clarify some sections. Two areas that seem particularly confusing
(at least to me) are:
The relationship of the State Law to CEQA. The granting of density bonus may result in
a project that is inconsistent with it's GP designation or result inThe granting of
concessions may result in significant or potential significant impacts or significant which
may require an EIR.
The difference between a concession and a waiver, and does that difference really
matter.
1. History of Section 65915 of the Government Code (the State Law State Bonus
Density Law);
The memo from the Director of Planning to the Planning Commission dated 717111
includes a summary of the history of the law through the 2004 amendments (SB 1818).
However, the law was amended again in 2008 (AB 2280). This bill primarily clarified
language in 65915 the calculation of the density bonus by adding tables illustrating
and the maximum density bonus allowed. It also added language to 65915(n) defining
when a local government may grant a density bonus greater than the maximum bonus
defined by the state. law.
Comments for Planning Commission Agenda Item #2 - Riviera Terrace 4
The memo note above was part an exhibit to the staff report for the 7/13/11 Planning
Commission Meeting, along with attachments from the APA and the Legislative Digest.
However, the memo has not been included in the list of exhibits that the PC has
received previously nor are they attached as exhibits to the current staff report.
2. Sections of 65915 relevant to calculation density bonus.
5915 : Applicant must request processing under the State Density Bonus Law and
must include affordable housing in the development.
Application meets this provision
65915(b)(1) Specific triggers must be met to receive a density bonus. For low income
households the project must offer to construct at least 10% of. the total units in a.
housing development development.
The project meets this trigger.
65916(b)(31 "total units or total dwelling units" of a housing development do not
include density bonus awarded by 65915 or any local law granting a greater bonus.
65915 f : A density bonus means a density increase of at least 20% over the otherwise
maximum density allowed under the applicable zoning ordinance or land use element of
the general plan.
The application qualifies for at least a 20% density bonus.
65.915(f): Tables are provided that shows the density bonus for each unit above the
threshold. 65915(f)(1) is the table for low income units.
Since the the proposed PD offers 20% low income units, which is 10% above the
threshold amount, it qualifies for the maximum density bonus of 35 %.
65915( : if permitted by local ordinance, nothing in this section shall be
construed to prohibit a city, count, or city and county from granting a density
bonus greater than what is described in this section for a development.
(emphasis added).
The Town does not have an ordinance in place that specifically allows the
granting a density bonus greater than the maximum of the state law,
Summary: The applicant requested that the proposed PD be processed under the state
law rather than the Town's regulations (65915(a), it meets the specific triggers
required to be processed under the law (65915)(b)(1) and to receive a minimum density
bonus of 20% (65915(f)(1). It also qualities to receive the maximum density bonus
allowed by the state law of 35% (which includes the 20% minimum bonus(65915(f)(1).
The project is not eligible for a density bonus above the maximum 35 %.
3. Calculation of the density bonus for the proposed project for Riviera Terrace
based on the state law
Maximum Allowable Units based on GP 20 units /acre x 5.9 acres = 118 units
Comments for Planning Commission Agenda Item #2 - Riviera Terrace
Meets 10% affordable unit threshold:
Minimum 20% density bonus units:
Meets criteria for additional bonus :
20% min. + 15% add. = 35 % max. bonus.
Total units = maxi, allowed+ bonus units
Total new units = total units - 5 existing units
above the maximum allowed units
4. Other relevant sections of 65915.
118 + 42 = 160 units
160 - 123 = 37 new units
65915(8(5)
• All fractional units shall be rounded up.
• The granting of a density bonus does not require a general plan amendment or a zone
change. Note: This project does not need to be a PD.
• The density bonus shall apply to housing developments of five or more units.
65915(ii): (I think this applies)
• Calculation of a density bonus the units do not have to be based upon individual
subdivision or parcels.
• The density bonus units may be located in a different area than the units for lower
income households.
65915(d)(1)
Concessions or or incentives request by an applicant must be granted unless specific
written findings based on substantial evidence can be made.
65915(2)(B
A project in which at least 20% of the maximum total units are for lower income
households receives 2 incentives or concessions.
65 1 k
A concession or incentive means a reduction in site development standards, or a
modification of zoning code requirements or architecture design requirements or other
regulatory incentives or concessions proposed by the developer or town that result in
identifiable cost reductions.
D.Town BMP and Density Bonus Regulations
• BMP units are required to be included in a project
• The number required varies depending on the size of the project
• A density bonus can be up to 100% of the BMP units included in a project
• BMP's do not distinguish between level of affordability, they may be for very low, low,
or moderate income households
10% x 118 = 12 units
20% x 118 = 24 units
15% additional bonus
5
35 % of 118 = 42 density bonus units.
BMP's may be either for sale or rental
BMP units are not considered when determining density
Comments for Planning Commission Agenda Item #2 - Riviera Terrace
0
The proposed PD would be required to include 20% affordable units and could receive a
bonus of up to 100% of the affordable units calculated as follows:
BMP's required in the project
Density bonus units.
The max final number of units possible.
Project density (rounded up).
The density subtracting the bonus units
20% of 118= 24
100% of24= 24
118 + 24 = 142
14215.9 = 25 units /ac
11815.9 = 20 units /acre
New units possible adjusted for the
5 units over the maximum allowable.
The number of new units if don't subtract
142 - 123 = 19 new units
142 -118 = 24 new units
E. Incentives/Concessions Required by Project
• Parking - does not meet guest parking requirements
• Height RM zone has a maximum height limit of 30'
• Road width are less than current code
• Inconsistent with Guidelines for Development near streams
• Requires reduced setback
• Story poles - was given exemption form story pole policy
F. Project Summary:
1. Existing Project Data:
• Application: PD -10 -001, Negative Declaration ND -10 -001
• Location: 135 Riviera Terrace
• General Plan: High Density Residential 12 -20 units /acre (allows 118 units)
• Zoning: RM:12 -20
• Existing Density: 21 units /acre (20.8 rounded up)
• Project Size: 5.9 acres
• Existing units: 123 units (5 units over the maximum allowed under GP and Zoning)
2. Proposed project:
(see discussion below)
• Location and access 325 Riviera Terrace. The only access is from University via
Town Terrace. From Town Terrace both Rushmore and Millbrae Lane dead end into
the project.
• First project the Town has processed using the Sec. 65915 of the Government Code
rather than Town regulations
• Proposed Density: 30 units /acre (rounded up from 29.3)
• Proposed Project is a request for a rezoning from RM:12 -20 to PD :RM (12 -20) to
allow the renovation and expansion of an existing 123 unit apartment complex to 173
units. The application is being processed under State Density Bonus law for
affordable housing (Sec. 65915 of the Government Code), rather than the Town's
BMP and density bonus regulations
The proposed PD would allow:
• Conversion of 24 existing units to units affordable to low income households
Comments for Planning Commission Agenda Item #2 - Riviera Terrace 7
• Construction of 50 new market rate townhouse apartments in 4 new
• Three story buildings that are 35' high
• Construction of a new exercise /community room, a new leasing office, a new pool and
spa, expanded parking and roadways and new landscaping over essentially the entire
site
Implementation of the roposed PD would:
• Relocate the existing pool
• Removal of 68 trees
• Elimination of existing riparian buffer and reduction of the riparian canopy
• Reduce existing recreation and open space (majority of new construction occur in
areas currently used for recreation or in areas that are landscaped
• Add 333 daily car trips, 26 additional am peak hour trips and 26 pm peak hour trips.
• Add 9 students to the Los Gatos Union School District and 4 to the Los Gatos Hight
School district
Again, I thank you for your consideration.
Lee Quintana
5 Palm Ave.
(408) 354 -7808
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Intentionally
Left Blank
To: Suzanne Davis
From: Lee Quintana
Re: Attachments to Letter to Planning Commission submitted on 9/12/11
Please attach the following two attachments to my letter to the Planning Commission for
the 9/14111 Public Hearing on Riviera Terrace (Agenda Item #2).
Please also not that the date on my letter should be 9112111 not 9/1111
Thank You,
D C�C�C��bC —
Lee Quintana
SEP 13 2911
TOWNbF LOS GATOS
CLERK DEPARTMENT
EX IBR- 2
1'�
Assembly Bill No. 2280
An act to amend Section 65915 of the Government Code, relating to
housing.
( [Appm:vc�dby Govemor September 27, 2008. Fled with retary of State September 27, 20081
LEGISLATIVE COUNSELS DIGEST
AB 2280, Saldana_ Density bonus.
The Planning and Zoning Law requires, when a developer of housing
proposes a housing development within the jurisdiction of the local
government, that the city, county, or city and county provide the developer
with a density bonus and other incentives or concessions for the production
of Iower income housing units or the donation of land within the
development if the developer, among other things, agrees to construct a
specified percentage of units for low -, very low, or moderate - income
households or qualifying residents.
This bill would impose certain procedures on the application for adensity
bonus and other incentives or concessions.
The bill would require a city, county, or city and county to grant a
concession or incentive requested by the applicant under existing law unless
the city, county, or city and county makes a written finding, based upon
substantial evidence, that, among other things, the concession or incentive
would be contrary to state or federal law_
The bill would delete a requirement that an applicant for a waiver or
reduction of development standards show that the waiver or modification
is necessary to make proposed housing units economically feasible.
The bill would require, as a condition for the granting of a density bonus
to a developer in exchange for donating land to a city, county, or city and
county for very low income housing, that the local agency identify a source
of funding for the very low income units.
The people of the State of California do enact as follows:
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SECTION 1. Section 65915 of the Government Code is amended to
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65915. (a) en an applicant seeks a density bonus for a honcinv
Ir within, or for the donation of land for housm wI
J urisdiction 01 a city, county, or city and count that local government shall
provide ttic applicant with incentives or concessions for the prod uction
h o - using units and child care facilities as prescribed in this section Al] cities,
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65915. (a) en an applicant seeks a density bonus for a honcinv
Ir within, or for the donation of land for housm wI
J urisdiction 01 a city, county, or city and count that local government shall
provide ttic applicant with incentives or concessions for the prod uction
h o - using units and child care facilities as prescribed in this section Al] cities,
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Ch. 454 —2—
counties, or cities and count es shall d o pt an ordinance that specifies how
rmm� lance with this section will he imnlemented. Faihire to a not an
(b)T A city, county, or city and county shall grant one density bonus, I the amount of which shall be as specified in su ivision , an mcentives f s _
or concessions, as described in subdivision (d), when an applicant ff a ei 12JpYJwS coy 1
housing development s and agrees es ttconstruct a ousinniluelt _ Jr
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lower
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(B) Five percent of the total units of a housing dev meet for very low
income households, as defined in Section 5010 the Health and Safety
Code.
(C) A senior citizen housing deyploment, as defined in Sections 51.3
and 51.12 of the Civil Code, or park that limits residency based
on age requirements for ho ' g for older persons pursuant to Section 798.76
or 799.5 of the Civil C.
(B) Ten perce of the total dwelling units in a common interest
development defined in Section 1351 of the Civil Cade for persons and
families oderate income, as defined in Section 50093 of the Health and
Safe ode, provided that all units in the development are offered to the
is for purchase.
to
(c) (1) An applicant shall agree to, and the city, coc
county shall ensure, continued alforda i y o a ow -and
YEa r — s er pen o time if required by the construction or mortgage
financing assistance program, mortgage insurance program, or rental subsidy
program. Rents for the lower income density bonus units shall be set at an
affordable rent as defined in Section 50053 of the Health and Safety Code.
Owner- occupied units shall be available at an affordable housing cost as
defined in Section 50052.5 of the Health and Safety Code.
An applicant shall agree to, and the city, wun o d county
shall ensu the initial occupant of th me rate - income units that are
directly related to the mint n ensity bo nus in the common interest
develo ment, as deft d -n - §echon 13351 oft ie CiVd ^ are ersons and
families of rate income, as defined in Section 50093 o Health and
p
Safe ode, and that the units are offered at an affordable le -cost, as
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-3— Ch. 454
that cost is defined in Section 50052.5 of the Health and Safety Code. The
al governent shall enforce an equity sharing agreement, unless it is in
con 'ct with m the requirements of another public funding source or . The
follow' apply to the equity sharing agreement:
(A) Il resale, the seller of the unit shall retain t value of any
improvemon the downpayment, and the seller's pro rtionate share of
appreciation. Th cal government shall recapture ny initial subsidy, as
defined in subparagra (B), and its proportiona share of appreciation, as
defined in subparagraph , which amount I be used within five years
for any of the purposes desc ' ed in sub ' rsion (e) of Section 33334.2 of
the Health and Safety Code that to home ownership.
(B) For purposes of this su iv "on, the local government's initial
subsidy shall be equal to th air mar alue of the home at the time of
initial sale minus the an ' sale price to th oderate- income household,
plus the amount of a downpayment assistanc r mortgage assistance. If
upon resale the et value is lower than the in ti azket value, then the
value at the ' e of the resale shall be used as the initia arket value.
(C) purposes of this subdivision, the local governrrient oportionate
shar of appreciation shall be equal to the ratio of the local gov ent's
ial subsidy to the fair market value of the home at the time of initi ale. \ r
(d) (1) An applicant for a density bonus pursuant to subdivision (b) mad V I l
submit to a m , county, or cu an u couury a proposa ioT` the sycciuc
mce or concessions that the ap lliicant requests pursuan o MIS section,
art regties a meeting with the city, county, o city and coup .The t C I
i , , ssion or incentive
requeste y e applicant un ess t e city, county, or city and county makes Y,
a written n mg, use upon su s is e vi ence, o any o t e o owi .• S —
e concession or incentive is noTiequi�r er to pry ovide for � ncC
affordable housing costs, as defined in Section 500525 of the Health and (ON S
Safety Code, or for rents for the targeted units to be set as specified in
subdivision (c). I v
(B) The concession or incentive would have a specific adverse impact,
as defined in paragraph (2) of subdivision (d) of S ection M89 - , - , upon
public health and safety or the physical environment or on any real property
that is listed in the California Regi ster of Historical Resources and for which t -e, 5 5 4 C'a �
there is no feasible method to satisfactorily mitigate or avoid the specific(��
adverse impact without rendering the development unaffordable to low-
and moderate - income households.
(C) The concession or incentive would be contrary to state or federal
law.
(2) The applicant shall receive the following number of incentives or U
concessions: r (1 (1 1
�' (A) One incentive or concession for rojects that include at least 10
iP percent o t e total umts or ower tncome house o s, at least 5 perce
very 1UW Income househo ds, or at least 10 percent for persons and fami�rs
of moderate income in a common interest development. 1
S Gc� s C_OYX —<�
92
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Ch. 454 —4—
Two intent yes or concessions for projects include at least 20
percent o e total units for lower incon useholds, at least 10 percent
for very low in e households at least 20 percent for persons and
families of moderate in n a common interest development.
(C) Three ince s or con ions for projects that include at least 30
percent oft otal units for lower inc useholds, at least 15 percent
for ve ow income households, or at least 3 cent for persons and
f flies of moderate income in a common interest deve o
(3) The applicant may initiate judicial proceedin if the ci — coun - ty , or
City into county refuses to gLWIL a request ensrty bonus, incentive or
a
or
nce ton. a court n s that the refusal to grant a requested density
onus, incentive, or concession is in violation of this section, the court shall
award the plaintiff reasonable attorney's fees and costs of suit. Nothing in
this subdivision shall be interpreted to require a local government to grant
an incentive or concession that has a specific, adverse impact, as defined
in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety,
or the physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing in this
subdivision shall be interpreted to require a local government to grant an
incentive or concession that would have an adverse impact on any real
property that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for carrying
out this section, that shall include legislative body approval of the means
of compliance with this section.
(e) (1) In no
or
or city and county
at
the
UTI
shall be interpret — t
developme
property that is listed r
to grant any waiver or
l �
or
city, county, or ci an county. it a court rinds that the refusal to grant a
waiver or reduction of development standards is in violation of this section,
the court shall award the plaintiff reasonable attorney's fees and costs of
suit. Nothing in this subdivision shall be interpreted to require a - - Loc al
taovenrment to waive or to ace eve opment standards if the waiver or
to waive or
92
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l-e w 1 v .eiV
C)
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l�
o�
/ G�7
06
YJ o
17
-5—
X
(2) A proposal for
or concessions
Percentage Density Bonus
20
21.5
23
24S
26
27.5
30.5
32
33.5
35
amount of nensity bonus to wtucn me applicant is enttnea snau vary
according to the amount by which the percentage of affordable housing
units exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph (A)
of paragraph (1) of subdivision (b), the density bonus shall be calculated as
follows:
Percentage Low- Income Units
10
11
12
13
14
15
17
18
19
20
(
of paragraph
follows:
Percentage Very Low Income
5
6
Of
of paragraph
9
10
11
Ch. 454
Ls meeting the criteria of
(b), the density bonus
senior housing units.
th s chapter, "densily bonus" means a density C � G 1 - 1 ( C� �
maxi m allowable residential density as of 1
e applicant to the city, county, or city and cou . ��
(B)
I as
i
Percentage Density Bonus
20
2S
25
27.5
30
32.5
35
i ena of subparagraph (C)
nsity bonus shall b 20 percent
su paragraph (D)
city bonus shall be calculated as
92
Ch. 454
_6_
Percentage Moderate - Income Units
10
11
12
13
14
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
38
39
40
Percentage Density Bonus
5
6
7
8
9
10
11
12
13
16
17
is
19
20
21
22
23
26
27
28
29
30
31
32
33
34
35
9 (5 All density calculations resulting in fractional units shall be rounded
u to the n ext whole number. The granting o a ensity b onus shall not be
interpreted, in and of itself, to require a gene p an amendment local
coal amen ment, zoning change, or of er iscretionary a royal.
1) en an applicant for a tentative subdivision map, parce p,
or other res development approval donates land to , county, or
city and county in actor with Lhis s ' n, the applicant shall be
entitled to a 15- percent " ove t e ise maximum allowable
residential d or the entire development, as fo
Percentage Very low Income
II X
I1 /
Density Bonus
15
16
92
-7—
Percentage Very Low Income Percentage Density
\ 13 18
14 �
1
21
17
22
18
23
19
24
20
25
21
26
22
27
23
28
24
29
25
30
0
32
28
33
29
34
30
35
Ch. 454
(g)�� This increase shall be in addition to any increase in density mandated
by Subdivision (b), up to a maximum combined mandated density increase
of 35 percen applicant seeks an increase p uant to both this
subdivision and subdty' ' (b). All dens" culations resulting in
fractional units shall be rounded - t i xt whole number. Nothing in
this subdivision shall be constru enlazge or dhni the authority of
a city, county, or city an ty to require a developer to do gland as a
condition of deve went. An applicant shall be eligible for th ncreased
density boyusr &escribed in this subdivision if all of the following conditions
'(A) The applicant donates and transfers the land no later than the date
of approval of the final subdivision map, parcel map, or residential
(B) Tl,8 velopable acreage and zoning classification of land being
transferred are ficient to permit construction of un"ts ordable to very
low income househdds in an amount not less than I .scent of the number
of residential units of t, roposed developme
(C) The transferred land t least one re in size or of sufficient size
to permit development of at least has the appropriate general plan
designation, is appropriately zone it- propdate development standards
for development at the density. scribed in graph (3) of subdivision (c)
of Section 65583.2, and i r will be served b equate public facilities
and infrastructure.
tra sfer is +d shall lave ail of the p i its grid pprova€s, other
thanbuilding . its, necessary for the development of the very low income
housing u ' on the transferred land, not later than the date of approval of
the fin trbdiv"sion map, par l map, or residenfial development application,
92
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Ch. 454
_8_
except that the local ent.may subject the proposed development to
subsequent depi
preview to the ex di vision Q) of
Section §5593.2 if the design is not reviewed by the local gave mme r Of
to me of transfer.
(E) The transferred land and the affordable units sh e subject to a
`
restriction ensuring continued affordability of units consistent with
para h 1) and (2) of subdivision (c), whi shall be recorded on the
property erne of the transfer.
(F) The I is transferred to the I I agency or to a housing developer
approved by the 1 agency. T ocal agency may require the applicant
to identify and tran the I to the developer.
(G) The transferred shall lic�itbin the boundary of the proposed
development or, if t ocal a cy agrees ithin one - quarter mile of the
boundary of th roposed developm nt.
(1) A sed source of funding for the very low t e units shall be
identi not later than the date of approval of the final subdivision
p ei map, or residential development application.
(h) (1) When an applicant proposes to construct a housing development
that conforms to the requirements of subdivision (b) and includes a chtl
e facility that will be located on the premises of, as part of, or adjac , nt
to, e project, the city, county, or city and county shall grant either o the
(A) A additional density bonus that is an amount of squat feet of
residential ace that is equal to or greater than the amount of uare feet
in the child c facility.
(B) An additio concession or incentive that contribu' significantly
to the economic fe ility of the construction of the ch' care facility.
(2) The city, county, or city and county shall requ' e, as a condition of
approving the housing de elopment, that the
roll rig occur:
(A) The child care facili shalt remain in o tion for a period of time
that is as long as or longer th he period of ' e during which the density
bonus units are required to remai
(B) Of the children who attend
low income households, lower ins
income shall equal a percentage th
of dwelling units that are re4urr
income households,orfamilie of
(b).
e pursuant to subdivision (c).
are facility, the children of very
eholds, or families of moderate
to or greaterthan the percentage
low income households, lower
(3) Notwithstanding - requirement of this s bdivision, a city, county,
or a city and county all not be required to pro ' e a density bonus or
concession for a d care facility if it finds, bay upon substantial
evidence, that tb community has adequate child care fa_,` hies.
(4) "Child e facility," as used in this section, means a did day care
fa lily o f,r than a family day came home, inciuding, but no irted to,
r,fant �,. ters, pr scbooi s, extended day care facilit es, and schoa e child
0
�4�
l / —9— Ch. 454 / '
J (i) "Housing development," as used in this section, means a development Cj 1 ' Ole, Pi y� `
^, p lect for five or more residen i units. or t e purposes of this section,
housing development' also includes a subdivision or common interest ✓/per
development, as defined in Section 1351 of the Civil Code, approved by a
city, county, or city and county and consists o residential units or
unimproved residential lots and either a project to substantially rehabilitate — I D ca, �) G�
and convert an existing commercial ml ing to rest Jrhal use or the 6
substantial rehabi eta ton or existing multifamily oweiring, as LIU111led in
u rveston o ec ion . , w ere e resu o ' ' n V' r
would be a net increase in available residential units. For the purpose of F cs
c alculating a density bonus, the residential units shall be on contiguo " es
at are t d e su iect o�� f one deve onment annlicahon. 6utao not have to be
are w ere t e units or t e ower income ouseholds are located.
e gran mg Ul a concession or incenrive WIMI not be inter reted, in
of sse o quire a gene pan amendment, local coastal plan
amen ament,zon ng Waage, or uruci urs�rcuuuary aYyruva . i us yruviaruu
es aratory of existing law .
or t e purposes of th s chapter, concession or incentive means any
o efollowing:
(1) A reduction in site development standards or a modification of zoning n _
code requirements or architectural design requirements that th CAI &c5 J �
inininurin building standards approved by the California Building Standards
Vommissron as provi in Part 2.5 (commenc with Section 18901) o
M rstaTIJ of e ea nafe n e, including, but not limite to, a
aucn
reon t seruau auu square rootage requirements and in the ratio of
veh cular parking spaces that wood of erwise be required that results in
i entt a e, financially sufficient, an actual cost reductions.
pro of mixe use zoni ng en conlunchon with th using project L
if commerce dustrial, or othe will reduce the cost of
the housing de velopment a co fice industrial, or other
land uses ar t e with the housing project and the existing planned `
d pment in the area where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the develoiier
or the city, county , or cif county that result in identifiable, financially
u ac u cost red ons U
oes not limit or require the provision of direct
financial incentives for the housing development, including the provision
of publicly owned land, by the city, county, or city and county, or the waiver
of fees or dedication requirements.
(m) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code).
(n) If permitted by local ordinance this section shall be
construell to Prom mu. a city, county, or city and county from gr a n ting a
- - G�✓ (ocA
92
ax
L1 CcS Y
MEIRM
that meets the reouirement
_IQ_
of this section or from granting a
Ze ro bone s th an'
at otli�l' not meet th re ur
o) For purposes of thi
(1) `Development sta
inc u ing, but not invite
floor area ratio, an onsite
4
to, a
open
elopr
ring ordinance and Iand use
nsity is permitted, means
ngrangean and use eei
L. WIIULe LUU UUMiLy a owi
with the density allowed u.
e•genem pan ensity s ,
one e� request o e eve
require a veWiicular parking r
wing definitions shall apply:
site or construction condition
ition, a set ac requirement, a
the de_ nsit�alio
general Ilan off
owa el�densi f
eral p an applicable
omng office is
use element of the
(A) Ye to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) our and more edrooms: two and one -half parking spaces.
(2) If the total number of parking spaces required for a development is
other than a whole number, the number shall be rounded up to the next
whole number. For purposes of this subdivision, a development may provide
"onsite parking" through tandem parking or uncovered parking, but not
t hroug h onstreet parking.
( / 31 ,Phis subdivision shall aonly to a development that meets-the
0
92
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In addition to the required concessions and incentives, note thaff subsection (f) S-e�e-
states that cities may not apply development standards that would preclude the 7/ f 3 // r
dAv density bonus units. The applicant may request a waiver and
"s all show that the waiver or modification is necessary to make the housing
un is economically feasible." Local agencies should, therefore-, require that
ao licants provide financial data showing that the proposed waiver or
m 'ification is necessary to make the affordable units economically feasible.
Pu suent to subsection (d) (3), agencies should also amend their ordinances to
est blish procedures for accommodating qualified projects by "waiving or
mo ifying development and zoning standards that would otherwise inhibit the
utilization of the density bonus on specific sites" Applicants proposing qualified
projects should not be subjected to a variance procedure but, instead, should be
able to apply for an exception or waiver based on specific findings, including
economic considerations, that are spelled out in the ordinance.
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Do the new reduced parking requirements apply to the affordable units
only orto the entire project?
The new parking standards apply to the entire project, both affordable and
market rate units but only upon request of the developer.
11. Can cities and counties require guest parking for affordable projects?
No. The new parking standards that apply upon request of the developer are
inclusive of guest parking and handicapped parking. It should be noted that state
law cannot preempt federal ADA requirements.
12. Does a city or county need to conduct a CEQA analysis prior to adopting
changes to their local ordinances in order to comply with the new law?
Yes. A change in zoning or other land use ordinance is a project subject to
CEQA (State CEQA Guidelines Section 15378(a)[1]; Bozung•v. LAFCO [1975] 13
Cal.3d.263). Under CEQA, the.ba6 - Add for determining the sighificartee of a
project is the existing environment. SB 1818 will require agencies to adopt
ordinances that may result in significant indirect effects on the environment by
reducing the effectiveness of existing protective standards. Adopting new, less
restrictive standards may result in a significant effect.
For example, in City of Redlands, et at. v. County of San Bernardino (2002) 96
Cal.AppAth 398, Redlands - and other cities sued San Bernardino County over a
general plan amendment which modified existing County general plan provisions
relating to development within City spheres of influence. Where previous County
policy had been to defer to City development standards within the spheres
(including more restrictive regulations and growth control measures), the general
plan amendment would have provided the County more leeway to approve
projects that did not conform to City standards. The County adopted a negative
declaration for the general plan amendment.
The court found that the County s Initial study "does not provide evidence to
show how such a shift in policy would have little or no effect on the environment."
Y �� ,
The court noted that "CEQA reaches beyond mere changes in the language in
the agency's policy to the ultimate consequences of such changes to the physical
environment." Although the CEQA analysis is not required to be as detailed as a
project specific analysis, it is required to analyze the expected secondary effects
of the general plan amendment. The cities presented substantial evidence, in
the form of specific examples of city standards that were more restrictive than
County standards and that would no longer be required within unincorporated
spheres if the general plan amendment were approved, that the general plan
amendment may have a significant effect. The court ordered preparation of an
EIR.
13. Are affordable projects exempt from CEQA or can a local government
agency require negative declarations or environmental impact reports for
affordable projects with inadequate parking?
SB 1818 does not establish an exemption from CEQA requirements. The
regulatory concessions that must be offered to a qualifying project do not and
cannot include non - compliance with CEQA. CEQA operates independently of
SIB 1818 and is not limited by that statute. However, a project may qualify for a
categorical exemption under State CEQA Guidelines Section 15332 (Infill
Development Projects) if it meets the criteria set out in that section and is not
subject to any of the exceptions established under Section 15300.2.
Separately, Public Resources Section 21159.24 provides a qualified, statutory
exemption for specified inclusionary infill housing projects. This exemption would
not apply if there is "a reasonable possibility that the project will have a project-
specific, significant effect on the environment due to unusual circumstances."
An agency must prepare an initial study for any project (including an affordable
project) that is not exempt from CEQA. If there is substantial evidence (e.g.,
facts or expert opinion based on facts) that the project may result in a significant
effect on the environment, an EIR must be prepared. If there is no substantial
evidence to that effect, a negative declaration or mitigated negative declaration
can be prepared.
The baseline for determining the significance of a project impact is the existing
environment. The significance of a projects impacts depends upon the extent of
adverse change to the environment that would result from the project. Where a
project involves a density bonus, the "project" for purposes of CEQA is the
proposed activity including the bonus and any related concessions.
Government Code Section 65915 comprises the density bonus law. Subdivision
(d) authorizes a local agency to deny a proposed incentive /concession when
there is substantial evidence that the incentive /concession would have a "specific
adverse impact" on "public health and safety" (as defined in Government Code
Section 65589.5(d)[21), or the physical environment, or on a property listed on the
California Register of Historical Resources and there is 'no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate- income households." This
would authorize an agency to deny a proposed incentive /concession when an
EIR has been prepared that identifies significant project impacts that either
0
Yta
- AKA
cannot be avoided or that could be mitigated, but the mitigation would make the
project unaffordable. Because a mitigated negative declaration can only be
released when the applicant has agreed to the mitigation measures, a local
agency could also deny incentives /concessions on the basis of an initial study if
the applicant was unwilling to agree to the mitigation measures due to cost. The
EIR or the initial study would provide the "substantial evidence" necessary to
support denial under Section 65915(dj.
It is important to note that the clear intent of the legislation is to facilitate the
construction of affordable housing through density bonuses and reductions in
local development standards. Therefore, the CEQA analysis conducted by the
city or country should focus on reasonable CEQA impacts, and not as a potential
loophole to make the process of building affordable housing more difficult.
1333 36 +n Street z Sacramento, CA 95616 s(916)736- 2434aFAX (916)456 -1283
w .calapa.org
10
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM RM:12 -20 TO RM:12 -20:PD
FOR PROPERTY LOCATED AT
135 RIVIERA 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 at 135 Riviera Drive (Santa Clara County Assessor Parcel Numbers 529 -13 -016, 529 -09-
027, 031 and 034) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance,
from RM:12 -20 (Multi - Family Residential) to RM:5 -12:PD (Multi - Family Residential, Plarmed
Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Retention of 123 existing apartment units (25 to be converted to W.9 affordable units).
2. Removal of existing pool, landscape improvements and carports.
1 Construction of 50 new apartment units within four buildings.
4. Construction of a new pool and spa, fitness and leasing centers, and carports.
5. Designation and implementation of 25 BMP affordable units; 24 low income units within
existing buildings and one (1) moderate income unit in a new building.
6. Landscaping, private street, parking and other improvements showri and required on the
Official Development Plan.
7. Uses permitted are those specified in the RM (Multiple - Family Residential) zone by Sections
29.40.6 10 (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 a Conditional Use Permit
Page 1 of 26
E -KNBlT 2 8
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 new apartments,
fitness and leasing centers, whether or not a permit is required for the work and before any pennit for
construction is issued. Construction permits shall only be in a manner complying with Section
29.80.13 0 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following conditions must be complied with before issuance of any
grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. Colors and building materials shown on
the Official Development Plan are not approved and shall be reviewed during the
Architectural and Site approval process.
2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold hamiless the Town and its officials in any action brought by a third parry
to overturn, set aside, or void the permit or entitlement. This requirement is a condition of
approval of all such permits and entitlements whether or not expressly set forth in the
approval, and may be secured to the satisfaction of the Town Attorney.
3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
(A &S) application and approval is required for the new apartment buildings. Architectural
Page 2 of 26
details shall be refined as part of this process with input from the Town's Consulting
Architect. The Development Review Committee may be the deciding body for the
Architecture and Site applications.
4 BELOW n a n n r T PRICE (BMP -) AFFORDABLE UNITS. The developer shall provide
twenty five (25) BMR affordable units within the project. Up to 24 of the BMP affordable
units may be located within the existing apartment buildings and shall be rented to low
income applicants. A minimum of one BAP affordable unit shall be located within a new
building and shall be rented to moderate income (or lower) applicants. Applicants shall be
qualified by the Santa Clara Housing Authority. A deed restriction shall be recorded prior to
the issuance of any building permits, stating that the Bll4g affordable residences must be
rented and maintained as below marketnrioe affordable units pursuant to the MP
Ordin and equi,.°...°.,+s State Density Bonus Law. The affordable units shall be
required to be maintained for the term required under State Density Bonus law or for
the life of the buildings, whichever is longer. The developer shall enter into a Belo
Market ee Affordable Housing Agreement with the Town prior to issuance of building
permits.
5. BMP AFFORDABLE UNIT PHASING. The applicant shall submit a Marketing and BMB
Affordable Housing Management Plan Agreement for approval by the Director of
Cormnunity Development and the Town Attorney prior to issuance of building permits. The
final certificate of occupancy for the last new apartment building shall not be issued until the
25 BAP affordable units have been designated and occupied by qualified tenants.
6. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's
Consulting Landscape Architect and approved as part of the Architecture and Site process.
Minimum tree size at time of planting shall be 24 -inch box.
7. 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 prior to the issuance of a building permit.
8. SETBACKS. The minimum setbacks are those specified by the RM zoning district or as
other- rise shown on the Conceptual Development Plans.
Page 3 of 26
9. BUILDINGHEIGHT. The maximum height of the new apartment buildings shall be 35 feet.
10. PARKING. A minimum of 261 parking spaces shall be provided and maintained. Parking
spaces shall be double - striped per Town standards.
11. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties and Los Gatos Creek, to shine on the project site
only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting
specifications, including a photometrics plan for parking lot lighting, shall be reviewed as
part of the Architecture and Site process.
12. TRASH ENCLOSURES. Two on -site gash enclosures shall be provided. Trash enclosures
shall comply with C -3 requirements.
13. *BIOLOGICAL RESOURCES MITIGATION MEASURE -1. No new construction or the
removal of any native vegetation shall be permitted beyond the existing chain -link fence.
14. *BIOLOGICAL RESOURCES MITIGATION MEASURE -2. Removal of native trees
within the riparian zone shall be minimized.
15. *BIOLOGICAL RESOURCES MITIGATION MEASURE -3. Construction of new
impervious surfaces within the riparian zone shall be reduced as much as is feasible.
16. *BIOLOGICAL RESOURCES MITIGATION MEASURE -4. Best Management Practices
(BMPs) to pre -treat storm runoff from the project prior to release into Los Gatos Creek shall
be incorporated into the project design.
17. *BIOLOGICALRESOURCES MITIGATION MEASURE -5. BMPs shall be implemented
during construction to prevent creek bank erosion and the release of any contaminants into
Los Gatos Creek.
18. *BIOLOGICAL RESOURCES MITIGATION MEASURE -6. Based on the recorded size of
Tree 4118 (western sycamore, spread = 50'), six 24 -inch box trees shall be planted.
Replacement trees shall be planted on the subject property. As an alternative, permission
maybe sought from the Santa Clara Valley Flood Control District to plant replacement trees
off site in the Los Gatos Creek channel. If replacement trees cannot be reasonably placed on
the subject property or on the banks of the creek channel, the value of the trees to be removed
shall be paid to the Town Tree Fund to add or replace trees elsewhere in Town.
Page 4 of 26
19. *BIOLOGICAL RESOURCES MITIGATION MEASURE -7. As additional compensation
for construction within the riparian zone, the following measures shall be incorporated into
the project design:
a. An invasive species eradication program shall be implemented for the segment of Los
Gatos Creek in line with the upstream and downstream property boundaries.
b. A qualified Restorationist shall be retained at the applicant's expense to survey the
creek segment to identify invasive species to be eradicated. A qualified contractor
shall be hired at the applicant's expense to implement the Restorationist's
recommendations. It is anticipated that the effort will target giant reed, eucalyptus,
privet, Himalayan blackberry, smilo grass, and sweet fennel, or any other possible
species identified by the Restorationist.
C. The Restorationist shall provide guidance to the contractor regarding appropriate
eradication techniques.
d. Upon completion of work, the Restorationist shall conduct an inspection and submit
a report to the Director of Community Development. If the contractor's work was
incomplete or unsatisfactory, contractor shall continue his /her work until the
Restorationist signs off.
e. The Restorationist shall conduct an annual inspection of the creek section for a
period not less than five years. If significant recolonization by invasive species is
identified, the applicant shall be responsible for implementing further eradication
efforts.
f. At the end of five years, if the applicant's efforts have been satisfactory as reported
by the Restorationist, the applicant's obligations shall be deemed complete. If the
applicant's efforts are deemed unsatisfactory by the Town, the invasive species
eradication program shall be continued for an additional five years.
20. "BIOLOGICAL RESOURCES MITIGATION MEASURE -8. All recommendations of the
Town's Consulting Arborist shall be implemented to eliminate or nninimize the construction-
related impacts on the trees to be retained. Refer to the report prepared by Arbor Resources
dated May 7, 2010 for details.
21. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
Page 5 of 26
22. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table in the
Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to
final and issuance of occupancy permits.
23. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone
attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no
fin than 10 feet apart. Include a tree protection fencing plan with the construction plans.
24. RECYCLING. All wood, metal, glass and aluminum materials generated from demolition
work 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 demolition inspection.
25. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final
locations and screening of all exterior utilities, including but not limited to, backflow
preventers, Fire Department connections, transformers, utility boxes and utility meters.
Utility devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval prior to issuance of
building permits for new construction.
26. *CULTURAL RESOURCES MITGATION MEASURE- 1. An archaeological monitor shall
be present to observe all construction activities where disturbance of surface soils will occur
(e.g. demolition, grading and trenching operations).
27. *CULTURAL RESOURCES MITGATION MEASURE -2. Constructionpersornnel invohted
with earthrnoving shall be alerted to the potential for discovery of prehistoric materials and in
particular, concentration of historic artifacts. Prehistoric archaeological resources could
include but not be limited to, concentrations of stone, bone or fresh water shellfish, artifacts
of these materials, and evidence of fire (ash, charcoal, fire altered earth or rock) and human
and animal burials.
28. *CULTURAL RESOURCES MITGATIONMEASURE-- 3.In the event that archaeological
traces are encountered, all construction within a 20 -foot radius of the find shall be halted, the
Community Development Director shall be notified, and an archaeologist shall be retained to
examine the find and make appropriate recommendations.
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29. *CULTURAL RESOURCES MITGATION MEASURE -4. In the event that it appears
further earthmoving will affect a resource eligible for the California Register of Historic
Resource (CRHR), a plan for evaluation of the resource through limited hand excavation
shall be submitted to the Town's Conmmunity Development Department for approval. If
evaluative testing demonstrates that the project will affect a CRHR eligible resource, a plan
for the mitigation of impacts to the resource shall be submitted to the Community
Development Department for approval before construction is allowed inside the zone
designated as archaeologically sensitive.
30. *CULTURAL RESOURCES MITGATION MEASURE-5. If theCoirununityDevelopment
Director finds that the archaeological find is not a significant resource, work may 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 shall follow the protocol set forth in CEQA
Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a
mitigation program shall be prepared and submitted to the Corn m unity Development Director
for consideration and approval, in conformance with the protocol set forth in Public
Resources Code Section 21083.2.
31. . *CULTURAL RESOURCES MITGATION MEASURE -6. A final report shall 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.
Building Division
32. PERMITS REQUIRED. A Demolition Permit shall be required for any demolition work
necessary for the project and a Building Permit for construction of each of the four new
apartment buildings. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
33. SIZE OF PLAINS. Submit four sets of construction plans, maximum size 24" x 36 ".
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34. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
35. DEMOLITION REQUIREMENTS. Obtain a Building Departrnent Demolition Application
and a Bay Area Air Quality Management Application from the Building Department Service
Counter. Once the demolition form has been completed, all signatures obtained, and written
verification from PG &E that all utilities have been disconnected, return the completed form
to the Building Department Service Counter with the J4 Certificate, PG &E verification, and
three (3) sets of site plans to include all existing structures, existing utility service lines such
as water, sewer, and PG &E. No demolition work shall be done without first obtaining a
permit from the Town.
36. STREET NAMES & APARTMENT NUMBERS: Submit requests for new street names and
apartment numbers to the Building Division prior to submitting for the building permit
application process.
37. SOILS REPORT. A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recoininendations, shall be submitted with
the building permit application. This report shall be prepared by a licensed civil engineer
specializing in soils mechanics.
38. SHORING. Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property or the public right -of -way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to the Cal /OSHA regulations.
39. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the reconnnendations as specified in the soils
report and that the building pad elevation, on -site retaining wall locations, and elevations
have been 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. Building pad elevation
b. Finish floor elevation
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G. Foundation corner locations
d. Retaining Walls
40. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The apartments shall be
designed with adaptability features for multiple family residences per Town Resolution
1994 -61:
a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs located 34- inches from the floor to the center of the
backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32- inches wide on the accessible floor.
C. Primary entrance shall a 36 -inch wide door including a 5'x5' level landing, no more
than 1/2 -inch out of 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 at primary entrance.
41. TITLE 24 ENERGY COMPLIANCE. All required California Title 24 Energy Compliance
Forms must be blue -lined on the plans.
42. TITLE 24 ACCESSIBILITY. On -site parking facilities shall comply with the latest
California Title 24 Accessibility Standards. Work shall include, but not be limited to, on -site
general path of travel accessibility to building entrances from parking facilities and sidewalks
43. BACKWATER VALVE. The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WV SD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12- inches above the
elevation of the next upstream manhole.
44. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1704, 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. The Town Special
Inspection form must be completely filled -out and signed by all requested parties prior to
permit issuance. Special Inspection forms are available from the Building Division Service
Counter or online at ivuvw.losgatosca.gov /building.
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45. BLUEPRINT FOR CLEAN BAY. The Town standard Santa Clara County ValleyNronpoint
Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the
second page. The specification sheet is available at the Building Division Service Counter for
a fee of $2 or at San Jose Blue Print for a fee or miline at ivwiv.losgatosca.govlbuilding.
46. PLANS. The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538).
47. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development— Planning Division: Suzanne Davis at (408) 354 -6875
b. Engineering /Parks & Public Works Dept.: Trang Tu- Nguyen at (408) 354 -5236
C. Santa Clara County Fire Department: (408)')78-4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
f Bay Area Air Quality Management District: (415) 771 -6000
48. HOUSING ACCESSIBILITY. The project shall comply with the Housing Accessibility
requirements of 2007 California Building Code Chapter I IA.
49. *NOISE MITGATION MEASURE -1. To minimize construction noise impacts on existing
apartments located adjacent to the site, existing boundary fencing shall be retained
throughout the noisier earthmoving phase of construction or any new fencing proposed to be
constructed along site boundaries shall be constructed as early as possible (prior to project
grading activities if feasible). To maximize the fence's noise attenuation effects, proposed
fencing shall be solid with no gaps, cracks, or openings (e.g. high quality air -tight tongue -
and- groove, board and batten, or shiplap design).
50. *NOISE MITGATION MEASURE -2. To minimize construction noise impacts on existing
Riviera Terrace apartments located adjacent to proposed Building 4, the western - facing
fagade of this building shall be enclosed as early in the construction process as possible to
minimize impacts on the existing apartments to the west.
51. *NOISE MITGATION MEASURE -3. To achieve acceptable exterior noise levels on
affected balconies, the following design requirements shall be implemented:
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a. To achieve compliance with the State's 65 -dB (DNL) exterior noise guideline, 42-
inch high acoustically - effective railings shall be constructed on the balconies of
second and third floor units in Building 3 and the balconies of second and third floor
balconies of the two units in each stack of Building 4 within 320 feet of the freeway
centerline (those that have a direct or side view of the Highway 17 freeway). The
balcony railing height is in reference to the nearest balcony floor elevation.
b. Balcony railing shall be constructed air -tight (i.e. without cracks, gaps, or other
openings) and must provide for long -term durability, including the balcony floor.
The railings can be constructed of masonry, wood, concrete, stucco, metal or a
combination thereof, and must have minimum surface weight of 1.5 pound per square
feet. If wood fencing is used, homogenous sheet materials are preferable to
conventional wood fencing as the latter has a tendency to warp and fonn openings
with age. High quality, air -tight tongue- and - groove, board and batten, or shiplap
construction can be used, provided that the construction is air -tight and the minimum
surface weight is met. Railing details shall be reviewed during the A &S process.
C. Translucent materials, such as glass, Lexan, or Plexiglas, may be incorporated into
the barriers to provide for light and views, however, they must have a minimum
thickness of 3/16 inches to meet the minimum surface weight requirement.
Downspouts and scuppers are preferable over sheet draining. All connections with
posts, pilasters, and the building shells must be sealed air - tight. No openings are
permitted between the upper railing components and the balcony floor.
52. *NOISE MITGATION MEASURE -4. To achieve compliance with the Town of Los Gatos
Noise Element and Title 24 interior noise standard of 45 dB (DNL), the following measures
shall be implemented:
a. Building 2: All windows and glass doors of living spaces on the north, east, and
south facades of this building (except for the first -floor units on the north side facing
the swimming pool area), windows shall be maintained closed at all times. Windows
and glass doors shall have a minimum Sound Transmission Class (STC) rating of 27
and some type of mechanical ventilation shall be provided.
b. Building 3: All windows and glass doors of living spaces on the north, east, and
south facades of this building shall be maintained closed at all times. Windows and
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glass doors shall have a minimum Sound Transmission Class (STC) rating of 27 and
some type of mechanical ventilation shall be provided.
C. Building 4: All windows and glass doors of living spaces on the north, east, and
south facades of this building (except for the four westerly first floor units located on
the south side facing the swirmming pool area, those closest to Building 7) shall be
maintained closed at all times. Windows and glass doors shall have a minimum
Sound Transmission Class (STC) rating of 27 and some type of mechanical
ventilation shall be provided.
d. Building 7: Units in this building that will be renovated requiring a permit and
compliance with Title 24 shall maintain "closed at all times" windows and glass
doors of living spaces on the north, east, and south facades of this building within
550 feet of the centerline of the Highway 17 freeway (four -story per of building
with the exception of the first floor units on the south side facing the swinnning pool
area). Windows and glass doors shall have a minimum Sound Transmission Class
(STC) rating of 27 and some type of mechanical ventilation shall be provided.
53. *NOISE MITGATION MEASURE -5. When windows and doors are maintained closed for
noise control, some type of mechanical ventilation to assure a habitable environment must be
provided. The mechanical ventilation requirements are specified in the Uniform Building
Code (UBC) and described in Appendix B of the ELPA study, which is included as
Attachment 6 of the Initial Study. The windows that are specified to be maintained closed
are to be operable, as the requirement does not imply a "fixed" condition. All other windows
of the project and all bathroom windows may have any type of glazing and may be kept
opened as desired unless the bathroom is an integral part of a living space without a closeable
door, such as those sometimes found in a master bedroom suite.
54. *NOISE MITGATION MEASURE -6. In addition to the required STC ratings, windows and
doors shall be installed in an acoustically- effective marmer. To achieve an acoustically -
effective window construction, the sliding window panels must form an air -tight seal when in
the closed position and the window frames must be caulked to the wall opening around their
entire perimeter with the non- hardening caulking compound to prevent sound infiltration.
Exterior doors must seal air -tight around the full perimeter when in the closed position and
must meet Title 24 requirements for multi- family entry doors (STC 24).
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55. *NOISE MITGATION MEASURE -7. The acoustical test report of all sound -rated windows
and doors should be reviewed by a qualified acoustician to ensure that the chosen windows
and doors will be adequately reduce traffic noise to acceptable levels. Many dual -pane
windows and glass door assemblies have inherent noise reduction problems in the traffic
noise frequency spectrum due to resonance that occurs within the air space between the
window lites, and the noise reduction capabilities vary from manufacturer to manufacturer.
56. *AIR QUALITY MITIGATION MEASURE -1. To limit the project's construction- related
dust, criteria pollutant, and precursor emissions, the following BAAQMD - recommended
Basic Construction Mitigation Measures shall be implemented:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
C. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f. Idling tunes shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations).
Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. A publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints shall be posted at the site. This person shall
respond and take corrective action within 48 hours. The Air District's phone number
shall also be visible to ensure compliance with applicable regulations.
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
57. *GEOLOGY AND SOILS MITIGATION MEASURE. The recommendations in the
geoteclmical report by Cornerstone Earth Group (dated May 12, 2010) shall be implemented.
The project Geotechnical Consultant shall submit a plan review letter confirming that all
recommendations have been incorporated into the construction plans, prior to issuance of a
grading permit.
58. 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 j ob
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.
59. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroaclmlent Permit. All work over $5,000 will require construction security.
60. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering 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.
61. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid and written confirmation of payment of these fees shall be
provided to the Town prior to any permit issuance.
62. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement (if required). The easements and
associated agreements shall be recorded prior to any permits.
63. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the j ob
site at all times during construction.
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64. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
65. GRADING PERMIT. A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering Division of
the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall
include final grading, drainage, retaining wall location, driveway, utilities and interim
erosion control. Grading plans shall list earthwork quantities and a table of existing and
proposed impervious areas. Unless specifically allowed by the Director of Parks and Public
Works, the grading permit will be issued concurrently with the building permit. The gradung
permit is for work outside the building footprnit(s). A separate building permit, issued by the
Building Department on E. Main Street is needed for grading within the building footprint.
66. 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
67. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires
an encroaclnnent permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
68. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure.
The pad certification shall address both vertical and horizontal foundation placement.
69. PLAN CHECK FEES. Plan check fees shall be deposited with the Tovni prior to plan review
at the Engineering Division of the Parks and Public Works Department.
70. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of
any permit or recordation of the Final Map.
71. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of
any site work, the general contractor shall:
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a. Along with the project applicant, attend a pre - construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters.
b. Acknowledge in writing that they have read and understand the project conditions of
approval, and will make certain that all project sub - contractors have read and
understand them prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
72. RETAINING WALLS. A building permit, issued by the Building Division of the
Cormnunity Development Department at I10 E. Main Street, may be required for site
retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks
and Public Works during the grading permit plan review process.
73. SOILS REPORT. One copy of the soils 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.
74. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations, retaining walls,
site grading, and site drainage are in accordance with their recommendations and the peer
review comments. The applicant's soils engineer's approval shall then be conveyed to the
Town either by letter or by signing the plans.
75. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and /or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes in
the reconunendations contained in the report, if necessary. The results of the construction
observation and testing should be documented in an "as- built" letter /report prepared by the
applicants' soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
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76. DEDICATIONS/EASEMENTS. The following shall be provided and recorded by separate
instrument. These shall be recorded before any permits are issued.
a. Ingress- egress, emergency access, storm drainage and sanitary sewer easements, as
required.
77. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's
public frontage to current Town Standards. These improvements may include but not limited
to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting
(upgrade and/or repaint) etc.
78. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to
issuance of any permit.
79. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer,
in writing, at least 72 hours in advance of all differences between the proposed work and the
design indicated on the plans. Any proposed changes shall be subject to the approval of the
Town before altered work is started. Any approved changes shall be incorporated into the
final "as- built" drawings.
80. AGENCY REQUIREMENTS. All required permits (Fish & Game, SCV WD, Array Corps,
etc) as determined by Enviromnental Review shall be obtained for proposed improvements in
or near riparian areas within their jurisdiction. Copies of all required permits shall be
provided to the Parks & Public Works Department before any permits are issued.
81. TOWNE TERRACE/UNIVERSITYAVENUE. The developer shall construct a raised pork-
chop island at the northeast corner of the intersection with ADA accessible pedestrian path
and install pedestrian crosswalk crossing Towne Terrace. These improvements shall be
constructed as soon as possible, and prior to occupancy of the first new unit.
82. FAIR SHARE CONTRIBUTION FOR INTERSECTION HVIPROVEMENT. The developer
shall pay a fair share cost $8,446 toward an identified intersection improvement project,
signalization of LarkfUniversity. The amount of cost is estimated with the number of project
trips entering the LarkJUniversity intersection based on the application. The cost will be re-
calculated from the final plans. The fee shall be paid prior to issuance of building permits.
83. 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
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Council resolution in effect at the time the building permit is issued. The fee shall be paid
before issuance of a building permit. The final fee shall be calculated form the final plans
using the rate schedule in effect at the time the building permit is issued.
84. STREET LIGHTING. The developer shall re -paint street light poles and replace existing
luminaire fixture with LED luminaire fixture for existing street lights along Towne Terrace,
Avery, Ruslunore, and Millbrae.
85. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the
project Applicant shall complete a pavement condition survey documenting the extent of
existing pavement defects using a 35 -mm or digital video camera. The survey shall include
the full length of Rushmore Lane, Millbrae Lane, Towne Terrace and University Avenue
from Towne Terrace to Hwy 9. The results shall be documented in a report and submitted to
the Town for review.
86. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
pavement condition survey to determine whether road damage occurred as a result ofproject
construction. Rehabilitation improvements required to restore the pavement to pre -
construction condition and strength will be required. The Applicant shall be responsible for
completing any required road repairs prior to release of occupancy permit for the 25"' unit.
87. EROSION CONTROL.. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. ANotice
of Intent (NOI) and Storm Water Pollution Prevention Plan (S WPPP) shall be submitted to
the San Francisco Bay Regional Water Quality Control Board for projects disturbing more
than one acre. A maximum of two weeks is allowed between clearing of an area and
stabilizingibuilding on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping shall be, included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town
standard seeding specification, filter berms, check dams, retention basins, etc. Provide
erosion control measures as needed to protect downstream water quality during winter
months. The grading, drainage, erosion control plans and SWPPP shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 of most current
Santa Clara Comity NPDES MRP Permit.
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88. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and
in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of tluee times daily, or
apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper bontrol of blowing dust for the duration of
the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to minimize
the effects of blowing dust. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of
the Town. Demolition or earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris
shall be covered.
89. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented at
construction sites greater than four acres in area (should current NPDES Requirements
conflict with these provisions the most stringent shall apply):
a. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.).
G. Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
C. Replant vegetation in disturbed areas as quickly as possible.
90. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Proj ect Schedule, site security fencing, employee parking, construction staging
area, construction trailer, and proposed outhouse locations.
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91. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from the
Town Engineer (§ 15.40.070).
92. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to public
storm system shall be stenciled /signed with appropriate Flows to Bay language.
93. STORM WATER MANAGEMENT PLAN. A storm water management shall be included
with the grading permit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall
delineate source control measures and BMP's together with the sizing calculations, The plan
shall be certified by a professional pre - qualified by the Town. In the event that storm water
measures proposed on the Planning approval differ significantly from those certified on the
Building /Grading Permit, the Town may require -a modification of the Planning approval
prior to release of the Building Permit. The applicant may elect to have the Planning
submittal certified to avoid this possibility.
94. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner/homeowner's
association shall enter into an agreement with the Town for maintenance of the stormwater
filtration devices required to be installed on this project by Towns Stormwater Discharge
Permit and all current amendments or modifications. The agreement will specify that certain
routine maintenance shall be performed by the property owner /homeowner's association and
will specify device maintenance reporting requirements. The agreement will also specify
routine inspection requirements, permits and payment of fees. The agreement shall be
recoiled prior to release of any occupancy permits.
95. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Tout's storm drains.
96. UTILITIES. The developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
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underground, as required by Town Code §27.50.015(b). All new utility services shall be
placed underground. Underground conduit shall be provided for cable television service.
Applicant is required to obtain approval of all proposed utility aligmnents from any and all
utility service providers. The Town of Los Gatos does not approve or imply approval for
final aligmnent or design of these facilities.
97. 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.
98. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards
any public sidewalk damaged now or during construction of this project. Sidewalk repair
shall match existing color, texture and design, and shall be constructed per Town Standard
Details. The limits of sidewalk repair will be determined by the Engineering Construction
Inspector during the construction phase of the project.
99. CURB AND GUTTER. The developer shall repair and replace to existing Town standards
any public curb and gutter damaged now or during construction of this project. New curb
and gutter shall be constructed per Town Standard Details. The limits of curb and gutter
repair will be determined by the Engineering Construction Inspector during the construction
phase of the project.
100. DRIVEWAY APPROACH. The developer shall install 2 Town standard commercial
driveway approach(es). The new driveway approach shall be constructed per Town Standard
Details.
101. CURB RAMPS. The developer shall construct any proposed curb ramps in compliance with
ADA Standards.
102. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
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103. AS -BUILT PLANS. After completion of construction of all work, the original plans shall
have all 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 reviewed and approved the Engineering Inspector. A Mylar and
AutoCAD disk of the approved "as- built" plans shall be provided to the Town before the
Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall
include only the following information and shall conform to the layer naming convention: a)
Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining
Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e)
Tennis Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY -LINE; g)
Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate
basis as the Town's survey control network and shall be submitted in AutoCAD version 2000
or higher.
104. 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.
105. SANITARY SEWER BACKWATERVALVE. Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 min) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the
backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve, as defined
section 103(e) of the Uniform Plumbing Code adopted by section 6.50.0 10 of the Town Code
and maintain such device in a functional operating condition. Evidence of West Valley
Sanitation District's decision on whether a backwater device is needed shall be provided prior
to issuance of a building permit.
106. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five
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(85) dBA at twenty -five (25) feet. If the device is located within a structure on the property,
the measurement shall be made at distances as close to twenty -five (25) feet from the device
as possible. The noise level at any point outside of the property plane shall not exceed
eighty -five (85) dBA.
107. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall
initiate a weekly neighborhood (including all existing tenants of existing development and
adjacent parcels) e -mail notification program to provide project status updates. Thee-mail
notices will also be posted on a bulletin board placed in a prominent location along the
project perimeter.
108. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all tunes during working hours. The
storing of goods and/or materials on the sidewalk and /or the street will not be allowed unless
a special permit is issued by the Engineering Division. The adjacent public right -of -way
shall be kept clear of all j ob 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 be at the job site during all working hours. Failure
to maintain the public right -of -way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
109. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic control
plan for incorporation into the construction bid documents (specifications), and this plan will
include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, and special events. The schools
located on the haul route shall be contacted to help with the coordination of the
trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
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C. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one -way operation, specifying dates and hours of
operation.
110. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peals periods (between 7:00 am. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project
site. This may include, but is not limited to provisions for the developer /owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and
other loose debris or require all trucks to maintain at least two feet of freeboard.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
111. AUTOMATIC FIRE SPRINKLER SYSTEM. Approved automatic fire sprit - Aders are
required for all new and modified buildings larger than 3,600 square feet or that are more
than three or more stories in height. A State of California licensed (C -16) fire protection
contractor shall submit plans, calculations a completed permit application and appropriate
fees to the Fire Department for review and approval, prior to begimning work.
112. TIMING OF ROADWAY INSTALLATIONS. Required access roads. Up through the first
lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of
combustible construction. During construction, emergency access roads shall be maintained
clear and unimpeded. Building permit issuance may be held up until installations are
completed. Temporary access roads may be approved on a case by case basis.
113. POTABLE WATER. Potable water supplies shall be protected from contamination caused
by fire protection water supplies. The applicant shall contact the providing water purveyor
and shall comply with all requirements of that purveyor. The fire sprinkler system shall be
designed in compliance with water purveyor requirements; final approval of the system will
not be granted by the Fire Department until written confirmation is received from the water
purveyor.
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114. GROUND- LADDER RESCUE. Ground- ladder rescue from second and third floor rooms
shall be made possible for Fire Department operations. With the climbing angle of seventy
five degrees maintained, a seven foot clear walkway shall be provided along either side of the
building. Landscaping shall not interfere with the required access.
115. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS. 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,
a maximum slope of 10% and vehicle loading of 75,000 pounds.
116. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. Provide an approved Fire
Department engine roadway turnaround with a minimum radius of 45 feet outside and 31 feet
inside. Installations shall conform with Fire Department Standard Details and Specification
sheet A -1.
117. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new
and 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.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on 2011, 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 , 2011 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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