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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 This Page 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: �o Y)J SECTION 1. Section 65915 of the Government Code is amended to VV / Y r G gl�C//l rea 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, M a� ( YO ' Y (. I Yec� " O V (2 ( �j V 65 4— G�vi. co�5s � ohs Y a� o�� ff - v�ai�r�. VICW - �owvl /S Goy T l(�4 w I A I �✓�✓ 0 ��� �yy � H C7 F o Owl 0a W W 0 0: . R J' Q= Z Y � W L/ C A U f- rea 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, M a� ( YO ' Y (. I Yec� " O V (2 ( �j V 65 4— G�vi. co�5s � ohs Y a� o�� ff - v�ai�r�. VICW - �owvl /S Goy T l(�4 w I A I �✓�✓ 0 ��� �yy 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 „ - —g - lower �—kl (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 92 gl) bYL� �J/I a C 0 5 C.a,� V,/)Gy! �� a'SC5 G0 4 -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 � � � 01 5" 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 no l-e w 1 v .eiV C) y;W i 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 v 'V, � 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 C 0 e L) 6 x e// C )CJ) YY) C5/- - Y S Y ga X / 5 C �) ( Ga 1/ Yvi(��1 t�S� a a �O sSoG Sc, V ! Gt S ��t s r �6 l rI 01 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. I_ J ® 0 o a p P- �a 0 o 0— Z Y Q 0 W i FU I»n� I — 0, 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. Page 6 of 26 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 ". Page 7 of 26 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 Page 8 of 26 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. Page 9 of 26 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: Page 10 of 26 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 Page I 1 of 26 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). Page 12 of 26 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. Page 13 of 26 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. Page 14 of 26 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: Page 15 of 26 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. Page 16 of 26 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 Page 17 of 26 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. Page 18 of 26 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. Page 19 of 26 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 Page 20 of 26 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. Page 21 of 26 103. 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 Page 22 of 26 (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. Page 23 of 26 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. Page 24 of 26 114. 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. Page 25 of 26 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 Page 26 of 26