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2010050306 - Attachment 8 - Planning Commission Staff Report/~ wra °'~ _ TO OF LOS GATOS ITEIVI 1~10e 3 ~~ ~°~~ ~ PLAIVI~TII+IG C®1VI1®%IISSI®1~I STAFF REPORT cos antog 1VIeetiaxg Datea September 23, 2009 PREPARED BY: Sandy L. Baily, AICP Acting Assistant Community Development Director sbaily@losgatosca. gov APPLICATION NO.: Ordinance No.2081 and 2122 ' General Plan Amendment GP-07-001 Planned Development PD-07-142 Negative Declaration ND-07-143 LOCATION: 517 and 615 Blossom .Hill Road and Placer Oaks Road for the rescinding application request. Placer Oaks Road for the new application request. APPLICANT: Cupertino Development Corporation PROPERTY OWNERS: Greenleaf Associates LLC, Dunn Properties, LP, Cupertino Development Corporation APPLICATION SUMMARY: Requesting approval to rescind Planned Development Ordinances 2081 and. 2122 to construct 49 apartment units. APNS: 529-16- 042, 026, 073, 529-14-012 and 067. Requesting approval of a General Plan Amendment to change the land use designation from Medium Density Residential to Low Density Residential and approval of a Planned Development to change the zone from RM:S-12:PD to R-1:8: PD to construct nine single family houses. No significant environmental .impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recormnended. APNS 529-16-073, 529-14-012 and 067. DEEMED COMPLETE: September 5, 2009 FINAL DATE TO TAKE ACTION: General Plan and rezoning applications are considered to be legislative acts and are therefore not governed by the Permit Streamlining Act. RECOMMENDATION: 1. Provide a recommendation for a strong approval to Town Council regarding rescinding Planned Development Ordinances 2081 and 2122. I A..~-._.-.~ Y Planning Commission Staff Report -Page 2 Placer Oaks Road/PD-07-142 September 23, 2009 2. Provide a recommendation for approval to Town Council regarding the proposed General Plan Amendment and. zone change. 3. Provide a recommendation for approval to Town Council regarding the Mitigated Negative Declaration and Mitigation Monitoring Plan. PROJECT DATA: General Plan Designation: Medium Density Residential Zoning Designation: RM:S-12:PD Applicable Plans & Standards: General Plan Parcel Size of the Placer Oaks Project: 3.06 acres Surrounding Area of the Placer Oaks Project: Exlstmg Land Use General Plan Zoning North Single Family Low Densit ~g Y R°1 ... . East ._ ..................... Single Family .._............._..:.... . ._................_. .... . Low Density j R-1:8 . .... ............_...... . . ....Mu1ti~Farnily._.. .._.. _....... .. . ~ Medium ..Density ..l ._ ~.5..' 1_~..........._........... . . _ .. . . .. .. .South . . . . _ .Multi-Family , . . . Medium Density ~ RM:S-12:PD West Highway 17 ~ NA ~ NA CEQA: It has been determined that the project will not have a significant impact on the environment and a Mitigated. Negative Declaration has been prepared. FINDINGS: ^ All General Plan Amendments must be inten~ally consistent with the General Plan and its elements. The findings should specifically address the question of density as it relates to the present Land Use and Housing Elements. ^ The Planning Commission must make a finding that the zone change is consistent with the General Plan if their recommendation is for approval. ^ As required by the Town's Infill Policy ^ As required by the Town's Traffic Impact Policy for a community benefit. i Planning Commission Staff Report -Page 3 Placer Oaks Road/PD-07-142 September 23, 2009 ACTION: 1. Provide a recommendation for approval to Town Council regarding rescinding Planned Development Ordinances 20.81 and 2122. 2. Provide a recommendation for approval to Town Council regarding the proposed General Plan Amendment and. zone change. 3. Provide a recommendation for approval to Town Council regarding the Mitigated Negative Declaration and Mitigation Monitoring Plan. EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 1gACI~GlZ®U1~TD: Location map for Ordinance Site Location map for project site Planned Development Ordinance 2081 (excluding Exhibit B) Planned Development Ordinances 2122 Initial Study- and Mitigated Negative Declaration (previously received under separate cover) Mitigation Monitoring Program Required Findings Consulting Architect report (five pages}, received May 29, 2008. Consulting Arborist report, dated June 9, 2008. Excerpts from the CDAC minutes for the meeting of September 13, 2006 General Plan Committee minutes for the meeting of June 13, 2007 Letter of Justification (seven pages), received September 3, 2009 Email from Mort and Alba Sherin, (one page), dated July 5, 2007 Resolution for General Plan Amendment Draft Planned Development Ordinance (including zone change map and development plans), received September 8, 2009 On March 19, 2001, the Town Council approved a General Plan amendment for the three vacant Placer Oaks properties from Low Density Residential to Medium Density Residential and adopted Ordinance No. 2081 for a Planned Development (PD)- to -construct up to 49 apartment units; which included eight Below Market Price units (BMP), and a recreation building (Exhibit 3). Access to the development is from Blossom Hill Road. The subject site includes five parcels, each owned by different property owners. On February 12, 2003, the Planning Commission approved an Architecture and Site application to construct the 49 units and the recreation building. On November 17, 2003, Town Council adopted Ordinance 2122 (Exhibit 4) to amend the original PD ordinance to delete the requirement for an emergency access road. Planning Commission Staff Report -Page 4 Placer Oalcs Road/PD-07-142 September 23, 2009 l .. Due to the soft market for apartment units, the applicant did not vest their approval and requested and received approval for two separate time extensions for their Architecture and Site application. The last time extension expired on April 17, 2008. It is staff's understanding that the three property owners have decided not to pursue the apartment project given the continued soft market for apartment units and due to the changing interests among the past and current property owners. PROJECT DESCRIPTION: A. Project Summary The applicant is requesting approval of the following: ® Eliminate the PD overlay zone (Ordinances 2081 and 2122), for the parcels which have access from Blossom Hill Road and establish a Planned Development for the vacant parcels which have access from Placer Oaks Road. ® A General Plan amendment from Medium Density Residential to Low Density Residential. ® A zone change from RM;S-12:PD to RM:1:8:PD. ® A nine lot single family subdivision which equates to a density of 2.94 units per acre. ® Lots will range in size from 5,214 to 25,567 square feet. ® Houses will range in size from 2,700 to 3,000 square feet with a two car garage. ® Open, undeveloped lot of 14,606 square feet (Lot B). The applicant has provided a Letter of Justification. (Exhibit 12), development plans (Exhibit B of Exhibit 15) that illustrate their proposal. B. Location and Surrounding Nei h~ boyhood The project site is located east of the Highway 17 freeway, north of Blossom Hill Road, and south of Placer Oaks Road. The site is bounded by single-family homes and Placer Oaks Road on the north,. the Highway 1.7 freeway on the west, as well as one single-family residence and apartments on Oak Rim Court (Blossom Hill Terrace Apartments) on the east. C. Planned Development Application The purpose of a Planned. Development (PD) overlay zone is to provide for alternative uses and developments more consistent with site characteristics than are allowed in other zones, to create optimum quantity and use of open space, and to encourage good design. A PD is required to include only conceptual development plans. Detailed architectural plans have been provided as part of this PD application. The applicant has presented well developed Planning Commission Staff Report -Page 5 Placer Oaks Road/PD-07-142 September 23, 2009 plans to demonstrate excellence in architecture and the quality of the project being proposed. Consequently, the Planning Commission should offer any comments about the architecture of the proposed structure. The Planning Commission's recommendation on the PD and comments on the architecture will be forwarded to the Town Council for final action. The PD Ordinance indicates that the DRC may approve the Subdivision application and Architecture and Site applications for the single family residences. D. Zoning Com liance The proposal (development plans, Exhibit B of Exhibit 15) complies with the Zoning Code with the following exceptions: a~. Reduced lot areas. b. Reduced setbacks. c. Reduced street width. d. Hillside walkway in-lieu of sidewalk. These exceptions may be allowed through approval of the PD. Should the Commission decide the requested exceptions are not appropriate conditions, direction should be included in the recommendation to Town Council. AI\1ALYSIS: A. Rescinding of Ordinances 2081 and 2122 The applicant proposes to rescind the PD zoning, which allowed 49 apartment units that included eight BMP units. The PD encompasses five parcels totaling 12.12 acres. The three northern parcels (the Placer Oaks site) are currently undeveloped and were to be developed with 39 units. The southern two parcels are developed with the existing Los Gatos Oaks apartments and Live Oaks apartments which currently have their own access from Blossom Hill Road. Ten new units were proposed to be added to the Live Oaks apartment site which is located below a slope that cannot be accessed unless it receives access rights from the Los Gatos Oaks apartment site or the Placer Oaks site. The Los Gatos apartment site was part of the PD to only accommodate the access driveway to the subject sites. Without this parcel, the only other -access- available to the site-- was- from -Placer Oaks Road. The adjacent neighborhood on Placer Oaks was strongly opposed to additional traffic using Placer Oaks Road from the proposed apartment project. As stated above, it is staff's understanding that the three property owners have decided not to pursue the apartment project given the continued soft market for apartment units and due to the changing interests among the past and current property owners. In order for the property owner to develop the vacant parcel on Placer Oaks Road, Ordinances 2081 and 2122 need to be rescinded. The property owner of the Live Oaks apartments could still work with the property owner of Los Gatos Oaks Planning Cormnission Staff Report -Page 6 Placer Oaks Road/PD-07-142 September 23, 2009 apartments to obtain access through this property in order to secure additional units in the future. However, the current owner would need to agree, as the previous owner did,. to relocate several uncovered parking spaces to accommodate the driveway changes. B. General Plan Amendment and Zone Change The proposed density for the Placer Oaks sites is three units per acre, which is inconsistent with. the underlying zone and the General Plan designation of the parcel. The zoning and General Plan designation is 5 to 12 units per acre. Therefore, a Low Density Residential General Plan Amendment and zone change is required for the project. C. Proposed Planned Development Application The 3.06 acre project site consists of three vacant parcels. The proposal includes nine market rate single family homes and no BMP units (applicant proposed to pay an in-lieu BMP fee). Two story single-family homes ranging in size from 5,214 to 25,567 square feet (s.f.) are proposed to be constructed on nine lots. Two floor plans sed ranging from 3,480 to 3,625 s.£ in size (including a two car garage) are proposed. D. Neighborhood Compatibility Land use compatibility problems are not anticipated between proposed residences and surrounding residential uses because project residences would be separated by approximately 60 feet vertically (in elevation) and 80 to 150 feet horizontally. Staff has provided the following information regarding residential parcels in the immediate area for the Commission's consideration of neighborhood compatibility: Address Building Lot Sire Stories FA12* 16941 Placer Oaks Rd 1,563 sq ft 11,761 sq ft 1 .13 16951 Placer Oaks Rd 2,431 sq ft 11,326 sq ft 1 .22 16971 Placer Oaks Rd 3,185 sq ft 11,326 sq ft 1 .28 16961 Placer Oaks Rd 3,165 sq ft 11,326 sq ft 1 .28 16980 Placer Oaks Rd 2,426 sq ft 20,909 sq ft 1 .12 16970 Placer Oaks Rd 2,235 sq ft 6,098 sq ft 1 .37 16960-16880 Placer Oaks Rd 1,221 sq ft 5,663 sq ft 1 .22 16996 Frank Avenue 1,653 sq ft 7,841 sq ft 1 .21 Punning Commission Staff Report -Page 7 Placer Oaks Road/PD-07-142 September 23, 2009 16990 Frank Avenue 2,041 sq ft 7,841 sq ft 2 .26 16987 Frank Avenue 2,193 sq ft 8,712 sq ft 2 .25 16995 Frank Avenue 2,060 sq ft 1D,454 sq ft 2 .20 16997 Frank Avenue 2,322 sq ft 20,909 sq ft 2 .11 15851 Izorah Way 2,421 sq ft 13,504 sq ft 1 .18 Placer Oaks Igd (Lot 1) 3,040 sq ft 7,577 sq ft 2 .40 Placer Oaks lid (Lot 2) 3,040 sq ft 5,393 sq ft 2 ,56 Placer Oaks Rd (Lot 3) 3,040 sq ft 6,228 sq ft 2 ,49 Placer Oaks lZd (Lot 4) 3,135 sq ft 11,757 sq ft 2 .27 Placer Oaks Rd (Lot 5) 3,040 sq ft 5,598 sq ft 2 054 Placer Oaks iZd (Lot $) 3,040 sq ft 5,214 sq ft 2 ,58 Placer Oaks Rd (Lot 7) 3,040 sq ft 6,098 sq ft 2 .50 Placer Oaks 12d (Lot 8) 3,135 sq ft 18,311 sq ft 2 ,17 Placer Oaks Itd (Lot 9) 3,135 sq ft 25,567 sq ft 2 .12 - --~~ ~.. ..»..vw vaa av~ ~auv uaal{ VlAl1U111~ J1Gli 11 Vlll 1Vi C'i ~j VJ~IAjj Ur jOWjj reCiolaAs. Although the .square footages and FAR's of the proposed application would be larger than other existing residential uses in the surrounding area, as noted above, staff finds that the vertical and horizontal distance creates separate, distinct neighborhoods. Moreover, it should. be noted that 14,606 square feet of the project has not been dedicated to any of tho lots and is part of the sloping open space area (Lot B). The overall FAR for the entire development is .29 without Lot B and the street. Staff believes that the unique characteristics, topography, and location of the site should be considered. As a result, staff believes that the proposed square footages and FAR are appropriate for this site. However, the Commission should carefully consider neighborhood compatibility of the proposed building when formulating a recommendation to the. Town. Council. E. Architecture The plans were evaluated using the previous Residential Development Standards, since the plans were completed during the process of developing the recently adopted Residential Design Guidelines. However, the current guidelines were nearing completion when the plans were reviewed and were considered in the analysis. Since the lot is self contained and Planning Commission Staff Report -Page 8 Placer Oaks Road/PD-07-142 September 23, 2009 creates its own neighborhood, the review focused on the architecture and layout within the project. The Town's Consulting Architect reviewed the plans and provided recommendations (Exhibit 8). All of the comments have been addressed, except for the comment regarding the overstated garage window for Plan A-A. The garage window can be finalized during the Architecture and Site approval process and a performance standard has been included in the draft PD ordinance to address this matter. F. Circulation and Parkin Access to the site would be from Placer Oaks Road, along the existing access road which will be improved with a 22-foot wide private access roadway. Railing is proposed. on the downhill slope of the roadway for safety reasons. (See Sheet L2.1 for the railing detail and. Sheet C3 for section details of Exhibit B of Exhibit 15). The applicant considered. incorporating sidewalks within the development, but they proved to be difficult for two reasons. Incorporating a sidewalk along the roadway would have required the road to be widened which would have increased the grading and would impact additional trees. Therefore, the sidewalk along the roadway was discouraged by staff. The applicant attempted to incorporate sidewalks within the development, but due. to lot. configurations and parking turnouts, staff and the Consulting Architect expressed concern that the pedestrian circulation was awkward. Therefore, the sidewalks were removed. In lieu of a sidewalk, a walkway has been nestled into the slope at the end of the private road up to Placer Oaks Road. This walkway is an esthetic compromise for replacing the sidewalks and provides safe pedestrian circulation. As currently proposed, the walkway will be primarily cut into the existing slope, but some sections will be elevated to approximately three and a half feet above grade (see Sheets C-2 and C-3 of Exhibit B of Exhibit 15 for section details). The applicant is currently looking at alternatives to construct the walkway at grade without. impacting trees. The design will be further analyzed during the Architecture and Site approval process. A total of 46 parking spaces would be provided on-site as follows: 18 garage spaces (nine, two-car garages}, 18 spaces in driveway aprons, and 10 on-street parking spaces. Town Code requires three parking spaces for each residential unit. At this rate, the proposed 9-unit residential development would require 27 parking spaces and the project would more than meet this requirement. G. Traffic The Town's Traffic Impact Policy (Resolution 1991-174) requires preparation of a traffic study for any project with the potential to generate 20 or more additional AM or PM peak hour trips. The proposed project would generate an increase of 86 average daily trips, seven AM peak hour trips, and nine PM peak hour trips. The Santa Clara County's Congestion Management Program (CMP) also sets forth criteria to determine which intersections (and Punning Commission Staff Report -Page 9 Placer Oaks Road/PD-07-142 September 23, 2009 roadway segments) should be .studied. It was determined that the amount of peak hour traffic added to the roadway network as a result of the proposed project would be statistically insignificant. Although a traffic study was not required and traffic increases would be less than significant based on common engineering practices, an off-site traffic analysis was completed to assess the effects of project-related traffic increases on Placer Oak Road, due to past neighborhood concerns. A tool for measuring residential traffic perceptions was developed by Donald Appleyard while he was working at the University of California at Berkeley. The tool was named the TIRE, Traffic Infusion on Residential Environments. The TIRE index uses average daily volumes to determine the amount of daily traffic that could be added. to a roadway before its residents would notice. In an attempt to quantify the perceptions of its residents, the TIRE index was applied to the surrounding residential streets. Daily traffic counts were conducted to determine the existing traffic levels. The traffic consultant determined that: (1) none of the surrounding roadway segments would experience a noticeable increase in traffic with the addition of the proposed project; and (2) the speed of traffic on the existing roadways is suitable for residential frontage. Although the project would increase traffic on surrounding neighborhood streets, the consultant concluded that the project's increase in peak hour traffic is so low that it would not significantly affect existing or future cut-through traffic patterns on the Town's street network. In addition to the TIRE index, the traffic consultant reviewed the accident history of the area. Town accident data indicated there was a total of 4 accidents over the past 3 years on the neighborhood streets of Farley Road, Frank Avenue, Izorah Way, Leroy Avenue, Placer Oaks Road, and Oak Rim Way. There were no unusual patterns observed in the accident data and none of the accidents would have been correctable by physical improvements. Based on this recent accident history, the existing neighborhood does not appear to have an existing accident problem. H. Soundwall Project residents would be subject to noise from the Highway 17 freeway and a detailed noise study was completed by Edward L. Pack Associates, Inc. (Pack). This study evaluated the noise compatibility of proposed residential uses with the existing and future noise environment at-the project site Noise measurements-taken-as part of this study indicate that existing noise levels on the site are 76 dBA (Ldn) in the vicinity of proposed exterior living spaces of proposed residences (124 feet from the centerline of the Highway 17 freeway). Under future conditions, noise exposure at the site is estimated to remain at 76 dBA (Ldn). At the base of the slope on the site (the eastern margin of the level portion of the site) noise levels are 67 dBA (Ldn). Planning Commission Staff Report -Page 10 Placer Oaks Road/PD-07-142 September 23, 2009 When compared to the Town of Los Gatos Noise Element exterior noise goal of 55 dBA (Ldn), noise levels of 76 dBA (Ldn) at the site would exceed this goal by up to 21 dBA. Due to the existing noise exposures at the site, achieving the Town's noise goal of 55 dBA (Ldn) is not feasible. Therefore, Pack reconunends a design goal of 65 dBA (Ldn) for the exterioi° living areas of the project and an interior noise design criterion of 45 dBA (Ldn) for interior living spaces. The exterior standard would only apply to the first floor elevations of project homes since there are no second floor balconies. Based on noise measurements taken as part of the detailed noise study, exterior noise levels at project residences closest to the freeway would be 76 dBA (Ldn), while interior noise exposures would be 61 dBA (Ldn). Such levels would exceed the recommended 65 dBA (Ldn) exterior noise standard by up to 11 dBA and the 45-dBA recommended interior standard by up to 16 dBA. To achieve the recommended SS-dBA, Town exterior noise goal at the residences closest to the freeway, a noise control barrier along the freeway would have to be up to 36 feet high. While this would not be a feasible mitigation measure, it would be feasible to meet the recommended 6S-dBA exterior noise standard with a 12-foot high noise barrier measured from the nearest. building pad elevation. Since the wall height measurement is taken from the building pad elevation not from the area of construction, the actual wall height will be up to 20 feet as described below. Additional noise control measures would also need to be incorporated into the design of project homes to meet the recommended 45-dBA interior noise standard. A concrete soundwall with a horizontal lap siding pattern has been located and designed in an attempt to meet the directions from Town Council for the approved PD, Ordinance 2081. Staff recommends that the previous Town Council direction regarding the wall design be applied to this application to reduce the visual impact of the wall. The Council had directed that the wall be built on a created berm in order to reduce the height of the wall which would meet the requirements of the noise study. The current noise study requires a sound wall with a maximum height of 20 feet. The applicant is proposing a wall which ranges from nine to 15 feet tall with berms ranging from 18 inches to eight feet tall. The maximum wall and berm height combined is 20 feet. See Sheet C-3 of Exhibit B of Exhibit 1 S for soundwall sections. The wall is located four to 15 feet from the property line adjacent to the soundwall to allow access to the landscaped area for maintenance purposes. This landscape screen was required by Town Council for the approved PD in the event Caltrans removed the existing trees in this area which- currently provide screening. Shrubbery and' approximately 40-24 inch box Redwood trees are proposed to be planted along the Highway 17 side of the wall (see Sheet L1.0 of Exhibit B of Exhibit 15). I. Trees An arborist report was prepared for the site (Exhibit 9). Of the 95 inventoried trees on the site, approximately 43 trees would be removed because they would conflict with the Planning Commission Staff Report -Page 11 Placer Oaks Road/PD-07-142 September 23, 2009 proposed development. These trees consist of 36 oaks, three willows, one California bay, one cypress, and two blue elderberry. The arborist recommends that nine oak trees be relocated. Although proposed to be retained, there are 15 trees that would be severely impacted by proposed development and their longevity and stability would be jeopardized by proposed development. The arborist has recommended design modifications which are incorporated as performance standards in the draft PD Ordinance. Mitigation will be required for the trees removed and final landscape plans will be required during the Architecture and Site approval process. J. Grading The eastern portion of the site slopes steeply down towards the west, but the remaining two- thirds of the lot is relatively level with only a slight slope toward the north and west. Project development would occur primarily on the western portion of the site while development on the sloping eastern portion of the site would be limited to the access road and pedestrian path. The proposed grading plan indicates 2,797 cubic yards of cut and 4,551 c.y, of fill. Most of the excavation would be associated with construction of the proposed access road (which is the only access to the site), and most of the fill would be associated with development of the homes. New retaining walls would be required to support cuts and fills along the roadway alignment where it extends along the steep eastern slope. The majority of the retaining wall will range in height from eight to 13 feet with a ten inch cap at the cobblestone columns. Portions of the wall will be as low three feet. The columns will break help reduce the visible mass of the retaining wall. See Sheet L2.0 of Exhibit B of Exhibit 15 for the wall detail. A geotechnical investigation was completed for the project which concluded the site can be safely developed as proposed, provided recommendations are incorporated into the design and construction which have been incorporated as performance standards of the draft PD Ordinance. K. Visual Impact Due to the limited visibility of the site, only three houses were required to have story poles installed. The sites were chosen to illustrate the house closest to Hwy 17, the distance from Hwy 17 across the private roadway and to show the relationship to the hillside. Mature tree cover- on the- sloping, eastern portion of-the site combined with -the- 60-foot change in elevation would limit views of project residences from existing residential development to the north and east. Trees located off-site or along the eastern project boundary as well as fencing and backyards of adjacent residences would also limit views of the project road from these homes, although some views of this road could be available from residential backyards or reax windows. Existing tree cover on the property that abuts the southern project boundary would continue to screen views of the project from areas to the south. Planning Commmission Staff Report -Page 12 Placer Oaks Road/PD-07-142 September 23, 2009 The two-story residences will be constructed on the more level, western portion of the site, adjacent to the State Highway 17 freeway. Although existing trees located within the freeway right-of--way would remain, proposed tree removal along the western project boundary to accommodate the proposed sound wall and project development would increase visibility of proposed development. Site sections and streetscape views are presented. in the development application (Sheet A-4 of Exhibit B of Exhibit 15). The streetscape from Highway 17 shows that the row of redwood trees proposed along the western project boundary would eventually screen views of homes and the sound wall. However, until these trees reach sufficient size, the proposed sound wall would be visible from the Highway 17 freeway, along with the upper floors and roofs of project homes. The proposed provision of an earthen berm at the base of the sound wall would limit wall height and provide area for landscape plantings along the berm. Although the project would result in short-term changes in existing views from Highway 17, these views would be partially screened by mature trees located along the east side of the freeway (within the freeway right-of way) and eventually screened by proposed tree plantings. As vehicles leave the site and approach Placer Oaks Road when it is dark, their headlights could illuminate the existing residence to the north of the project street at Placer Oaks Road. Realignment of the project street westward at this intersection to reduce this effect was evaluated by the Consulting Arborist, but it was determined that such realignment could result in substantial root damage to a large oak tree (which was classified as a tree of high suitability to save), threatening its long-term viability. The applicant retained a landscape architect to evaluate this situation to prepare some possible designs for adding some type of screening on the neighbor's property. The applicant will discuss this matter at the hearing. L. Community Benefit Pursuant to the Traffic Impact Policy, Community Benefit is required when the peak hour trips will increase by greater than five trips. The applicant's letter of justification (Exhibit 12) addresses the benefits which are mostly site related. One of the community benefits noted by the applicant, which staff concurs with, is that the lowering of the density is a benefit to the Placer Oaks neighborhood in that it reduces the traffic impacts on the neighborhood streets. If the site was developed with its current General Plan designation of medium density residential (vvliich would allow 15 to 36 units), the neighborhood would -have significantly more traffic. The Commission should provide input regarding the applicant's proposed community benefit and determine if it outweighs the traffic impact, as required by the Traffic Impact Policy. Planning Commission Staff Report -Page 13 Placer Oaks Road/PD-07-142 September 23, 2009 M. Drainage/NPDES Com Hance The project must comply with NPDES requirements. Engineering staff reviewed the preliminary Grading and Drainage and Storlnwater Control Plans and found that the information and analysis provided by the applicant is adequate to make a determination that the project can fully comply with NPDES requirements. The project's stormwater management plan includes treatment of storm runoff through filtration in bio-swales. Further analysis will be done as part of the Architecture and Site review and all final details on the location and type of treatment will be determined and approved by the Town Engineer as part of the construction plan review. CEpA I)ETEIIIVIINATI®N: An Initial Study and Mitigated Negative Declaration were prepared for this project (Exhibit 5 previously received). The areas of mitigation are as follows: ® Biological Resources ® Cultural Resources ® Noise ® Geology and Soils All mitigation measures have been included as conditions in the Draft PD Ordinance (Exhibit 15). In addition, a Mitigation Monitoring Program has been prepared to designate the responsible department or agency, and timing of each mitigation measure (Exhibit 6). GENEIIAL PLAN: The current Housing Element of the General Plan includes the proposed apartment units and BMP units in meeting the Town's housing needs. However, the proposed Housing Element has eliminated the Placer Oaks parcels as a potential housing site since the only access to the site is from Placer Oaks Road which is a low density neighborhood. The Housing Element update will consider potential sites to meet the Town's housing needs. When the PD was approved, applications for rental housing were scarce. However, subsequent to the approval of the PD, the Town approved the Sobrato Development on Winchester .Blvd, which provided 290 .apartment _ _ _ ._.. . units. Following are excerpts from the General Plan which are applicable to the proposal which the Commission needs to consider. The applicant has included some comments regarding General Plan compliance in their letter of justification (Exhibit 12). Planning Commission Staff Report -Page 14 Placer Oaks Road/PD-07-142 September 23, 2009 General Plan Goals/Policies/Strategies: Land Use Element a. Goal L.G.3.1 -Maintain the existing character of residential neighborhoods by controlling development. b. Policy L.P.3.5 -Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. c. Policy L.P.4.1 -Continue to encourage a variety of housing types and sizes that is balanced throughout the Town and within neighborhoods and that is also compatible with the character of the surrounding neighborhood. d. Strategy L.L4.11 -The Housing Element assumes that sites designated medium. density and high density will be developed at the upper end of the density range. Whenever the Town approves a development at a lower density on one of these sites, one or more other sites should be identified to maintain the Town's capacity to meet its housing needs as identified in the Housing Element. Housing Element a. Policy H.P.1.1 -Continue to designate sufficient residentially zoned land. at appropriate densities to provide adequate sites to meet Los Gatos' new construction need for 2002- 2007. b. Strategy H.I.1.1 -The Town will ensure that there is sufficient land available at appropriate zoning categories to meet its need for very low and moderate income households. c. Strategy H.I.1.7 - A finding that the proposed development is consistent with the Housing Element and addresses the Town's housing needs identified in the Housing Element must be made. T®W~T C®MMITTEE MEETI1oiGS: A. Conceptual Development Advisory Committee The Conceptual Development Advisory Committee (CDAC) reviewed preliminary plans on September 13, 2006. A summary of CDAC's comments is attached (Exhibit 10). In general, CDAC members were concerned with the development constraints of the site,.. and-the impact to the Placer Oaks neighborhood. B. General Plan Committee The General Plan Committee (GPC) reviewed the proposed General Plan Amendment and Zone Change on June 13, 2007 (Exhibit 11). The GPC recommend approval of the General Plan and Zone Change amendments. The basis for the recommendation is that although the Planning Commission Staff Report -Page 15 Placer Oaks Road/PD-07-142 September 23, 2009 Corrunittee is concerned with the loss of housing, the Committee is equally concerned about not impacting the existing Placer Oaks neighborhood and that the Town has a responsibility to consider the neighborhood. PUBLIC C®MMEI~TS: Mailed notice was provided to property owners and tenants within 300 feet of the existing Planned Development. Aside from the email received in 2007 (Exhibit 13) staff has not received any correspondence from the public regarding the proposed project. C®I~CLUSI®1V / REC®MMEl~TAATI®l~o A. Conclusion The Commission should carefully consider whether the proposed project is consistent with the General Plan. The proposed General Plan amendment would convert the general land use designation to what previously existed prior to the PD. The proposal is also compatible with the existing land use in the Placer Oaks neighborhood. Since access to the site is only available from Placer Oaks Road, a low density development as opposed to a medium density development, would be consistent with the Land Use Element of the General Plan in regards to maintaining the character and compatibility with existing neighborhoods. The proposed density of 2.94 units per acre is compatible with the neighborhood. Although a traffic study was not required, as discussed earlier in this report, an extensive traffic analysis was conducted based on past neighborhood concerns associated. with traffic. The analysis concluded that the trip increase was statistically insignificant and that none of the surrounding roadway segments would experience a noticeable increase in traffic with the addition of the proposed project. Therefore, the traffic generated with this proposal will not impact the neighborhood. Staff believes the Commission should also carefully consider the following issues when formulating a recommendation to Town Council which relates to the consistency of the General Plan discussed above: ® Neighborhood compatibility ® Community Benefit B. Recommendation Staff has carefully considered the issues raised in the Conclusion section above and believes that the Commission should forward the project to the Town Council with a recommendation of approval. If the Commission concurs with staff s conclusion that the proposed project is appropriate the Commission should take the following actions: Planning Commission Staff Report -Page 16 Placer Oaks Road/PD-07-142 September 23,.2009 1. Recommmend that the Town Council rescind Ordinances No.2081 and 2122;. 2. Recommend that the Town Council adopt the General Plan amendment (Exhibit 14); 3. Find that the Planned Development is consistent with the General Plan (Exhibit 7); 4. As required by the Town's Traffic Policy for community benefit (Exhibit 7); 5. Forward a recommendation for approval of the following to the Town Council: a. Mitigated Negative Declaration (Exhibit 5) b. Mitigation Monitoring Program (Exhibit 6) c. Planned Development application (Exhibit 15) ©Q Prepared by: Sandy L. Baily, AICP Acting Assistant Community Director Development WRR:SLB: ~.,~~ boa„ Approved by: Wendie R. Rooney Director of Community Development cc: Greenleaf Associates LLC, 2971 Gordon Avenue, Santa Clara, CA 95051 Dunn Properties, Lp, 301 Alta Loma Lane, Santa Cruz, CA 95062 Cupertino Development Corporation, 1307 So. Mary, Suite 120, Sunnyvale, CA 94087 Rodger Griffin, Paragon Design Group, Inc., 405 Alberto Way, Suite #C, Los Gatos, CA 95032 N;\DEV\REPORTS\2009\placeroaks, doc P1Her ~a~k lZoad 1 61 ~lossorn Hiil 1Zoad. N ~~ ERq D ~R ~zBZT 1 Placer Oaks Road N EICHIBYT 2 ORDINCE 2081 ORDIl~'ANCE OF THE TOWl~I OF LOS G.ATOS AMEl®tDIlml"G THE TOWN CODE EFFECTIl®TG A ZO1~E CHANGE FROM I2-lo8 AI~tD I~1VIe5-12 TO I21VI:5-12 PD FOI2 PROPERTY AT 517 BLOSSOM! HILL ROAD, 615 BLOSSOM HILL ROAD AND PARCELS BORDERING PLACER OAI{S DRIVE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTI01~1 I The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property addressed as 517 Blossom HiII Road, 615 Blossom Hill Road and parcels bordering Placer Oaks Drive (Santa Clara Assessor Parcel Numbers, 529-16-042, -026, -073 8z 529-14-012) shown on the map which is attached hereto marked Exhibit A. and is part of this Ordinance, from R-1:8 (S Ingle Family Residential, 8,000 square foot minimum) and RM: 5-12 (Multiple Family Residential 5-12 Dwelling Units per Acre) to RM:S-12 PD (Multiple Family Residential 5-12 Dwelling Units per Acre, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Construction of up to forty-two (42) apartment units and seven (7) Below Market Price (BMP) apartment units as a maximum; 2. Landscaping, site improvements and amenities, and streets and other improvements shown and required on the Offacial Development Plan may be changed or increased at the Architecture and Site approval process; ----3, -Uses-permitted-are thosespecifedinthe~RN1:-5-1.2-EMultpleFamil-yResidentia15-12 Dwelling Units per Acre) zone by Sections 29.40.610 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Town Code, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. I Iowever, 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 2 2 ffizBaT 3 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before construction work for the dwelling units is performed, whether or not a permit is required for the work and before any permit for construction is issued. The Architecture and Site approval may change the building layout, size of the buildings and the number of units before construction can commence. The Architecture and Site application shall also deal with improvements on the property such as the sound wall and requirements and restrictions concerning the sound wall and other developments. Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Map) and Exhibit B (Development Plans), are part of the OfFcial Development Plan. The following must be complied with before issuance of any grading, or construction permits: .,_ (***MI'rIGA1'I®IY MEASURES) TO THE SATISFACTION OF TJEIE I)IRECTOIt OF COMMIJl®tITY DEVELOPMENT: (PC~nnertg Division) 1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architectureand Site application and approval is required from the Town prior to the issuance of any permits or construction on site, 2. DE~IELOPMENT STANDARDS (SETBACKS, HEIGHT,. PARKING, ETC.): Minimum yard setbacks, building heights, etc, shall be limited to those depicted on the approved development plan. All setbacks shall comply with the approved development plan. 3. FUTURE. ADDITIONS: No additional square footage shall' be permitted to any of the units. 4. * * *MTTIGATION # 1(HAZARDS): Prior to project construction, a Phase 1 Site Assessment shall be prepared to determine the presence of hazardous materials in site soils. The assessment shall focus on portions of the site where fill has been placed. If required, the Assessment shall provide appropriate recommendations of any required remediation. 5 •' * * *MITIGATION #2(CULTURAL RESOURCES): In the event that archaeological traces are encountered, aII construction within a 50-meter radius of the find will be halted, the Planning Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. 6. '~**MITIGATION #3 (CULTURAL RESOURCES}; If human remains are discovered, the Santa Clara County Coroner will be notif ed. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he will notify the Native American Heritage Commission, who will attempt to identify descendants of the deceased Native Americans. 7. ** *MITIGATION #4(CULTURAL RESOURCES): If the Planning Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in Appendix K of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Planning Director for consideration and approval, in conformance with the protocol set forth in Appendix K of the CEQA Guidelines. 8. ***MITIGATION #5(CULTURAL RESOURCES): A final report will be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. y. FENCING. All proposed fencing for the development shall be reviewed during the Architecture and Site approval process. 10. SOUNDWALL< Final details ofthe soundwall shall be provided during the Architecture and Site approval process. Gate(s) shall be provided in the soundwall to access the landscape area adjacent to Highway 17 for maintenance purposes. Maximum height of the wall shall be eight feet with a six to eight foot tall berm to meet the recommendations ofthe noise study referenced in performance standards number 33 and 34. 11. BMP UNITS. The Developer-shall work with the Director of Community Services during the Architecture,and Site approval process to make the re aired arran ements for the BMP - q ----- ~ ------ - - __. _ _ ._ -- - _ . _ _ rental units. 12. BMP PARKING. The assigned parking spaces for the units will be further reviewed during The Architecture and Site Approval process. 13. DEPRESSED GARAGES. Slope details of the driveway to the depressed garages shall be Page 3 of 12 provided during the Architecture and Site approval process, 14, STUDY SESSION. Priar to the Architecture and Site hearing for all of the improvements articulated with the changes and finalizing the plan, a noticed study session, involving all interested parties and the Planning Commission shall occur. 15. CONSTRUCTION TRAFFIC: The developer shall develop a construction schedule and a traffic control plan during the Architecture and Site approval process to minimize the potential for traffic safety and congestion impacts to the neighboring streets during construction. 16. LOFTS: During the Architecture and Site approval process, the Planning Commission shall consider whether or not the loft should be removed. 17. FIRE ACCESS ROAD MATERIAL: The applicant/developer shall work with the Fire Department during the Architecture and Site approval process, to determine if interlocking pavers can be used for the fire access road. (~uilcling .Division) 1 g. PERMITS REQUIRED: A building permit application shall be required for each proposed structure. Separate Electrical/MechanicaUPlumbing permit shall. be required as necessary. ~_, 19. CONSTRUCTION PLANS': The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 20. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 inches x 36 inches. 21, SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the Building Permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 22. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building. inspector upon foundation inspection. This certificate shall.certify compliance with the recommendations. as specified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical' controls shall beset and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation b. Finish floor elevation ,} Page 4 of 12 '~ c. Foundation corner locations 23. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF®I R AND MFm1R shall be blue lined on the construction plans. 24. PLANS: The construction plans for this project shall be prepared under direct supervision of a Licensed architect or engineer. (Business and Professionals Code Section 5538) 25. HAZARDOUS FIRE ZONE: This project requires Class A roofing assembly. 26. TITLE 24 ACCESSIBILITY ®MULTIFAMILY: On site parking facility shall comply with the .latest California Title 24 Accessibility Standards for disabled. 27. TITLE 24 ACCESSIBILITY ®MULTIFAMILY: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall .include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 28. TITLE 24 ACCESSIBILITY ®MULTIFAMILY: The buildings shall fully comply with the latest California Title 24 Accessibility Standards. 29. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Off cial far approval prior to issuance of the Building Permif, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Department Service Counter. The Town Special inspection schedule shall be blue lined. on the construction plan. 30. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint"Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches x 36 inches) is available at the Building Department service counter. 31. APPROVALS REQUIRED: The Project requires the following agencies approval before issuing a building permit: a) West Valley Sanitation District: 37802407 b) Santa Clara County Fire Department: 3784010 c) Los Gatos School District: 3955570 Dote: Obtain the School district form from the Town Building Department, after the Building Department has approved the building permit. 32. CONSTRUCTION HOURS/NOISE. Construction work hours shall be limited to 9:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends and holidays. Page 5 of 12 Procedures with the highest noise potential shall be scheduled for the times during which the ambient noise levels are highest (i.e., during peak commute hours.) The developer's contractor shall employ the quietest alternative equipment to muffle or control noise from available equipment. Especially noisy operations such as mixing concrete shall be performed off-site and not in the general vicinity of the project site. __ _ 33. ***MITIGATION #8 (NOISE): The project shall be required to include a noise wall along the project boundary that is contiguous to the I-iighway 17 freeway with the height specifications as recommended in the detailed noise study. 34. ***MITIGATION #10 (NOISE); To control flanking noise, the barrier shall continue along the southern property boundary as specified in the detailed noise study (attachment 1~ of the Initial Study). 35. ***MITIGATION #11 (NOISE):. In order to meet Title 24 interior noise standards, the project shall implement general construction measures as well as window and door controls as recommended in the detailed noise study (attachment 1 of the Initial Study). TO THE SATISFACTIOl~ OI' THE DI1tECTOIt OF PA1~S AND PUBLIC WOItI{S: (Eragin~erin~ Dav%se®n) 36. LOT MERGER REQUIRED. A separate Lot Merger application submittal and approval is required for the proposed project prior to the issuance of building permits. 37. GRADING PERMIT. A grading permit is required for all on-site improvement, grading, drainage and erosion control. A separate application for a grading permit (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department. The grading plans shall include final grading, drainage retaining wall location, driveway, utilities and interim erosion control. 38. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit or public improvement application. The soils report shall include specific criteria and standards governing. site grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Cade. 39. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication shall be recorded before any permits are issued. Reciprocal ingress-egress, storm drainage and sanitary sewer easements, with adjacent properties, as required. Page 6 of 12 4G. TRAFFIC IMPACT MITIGATION FEE (MULTI-FAMILY RESIDENTIAL), The developer shall pay a proportional to the project's share of transportation improvement needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit applications is made. The fee shall be paid before the building permit is issued. The traffic impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $194,922. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on apartment use. 41. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specif cations. All work shall conform to the applicable Town ordinances. The adjacent public right-of--way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall 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. 42. ENCROACHMENT PERMIT. All work in the public right-of way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 43. PUBLIC WOR.I~S INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to on-.site drainage facilities, grading or paving, and all work in the Town's right-of=way. Failure to do so will result in rejection ow work that went on without inspection. 44. GRADING MORATORIUM. No grading or earth-disturbing activities shall be initiated in hillside areas between October 1 and April 15 of each year. For grading operations commenced before October 1, all grading ar earth-disturbing activities shall cease October 15 and will not be allowed to restart until April 15. Grading permits will not be issued between September 15 and April 15. These limitations include, but are not limited to these items: driveways, building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts, outbuildings and utility trenches. Install interim erosion control measures, shown on the approved interim erosion control plan, by October 1, if final landscaping is not in place. Maintain the interim erosion control measures throughout the October-l `fo April .1.~ period. _ -_-_ - : ~ .- 45. GRADING INSPECTIONS. The soils engineer or her/his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy/Certificate of Completion. Page 7 of 12 46. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer.qualified to practice land surveying, for the following items: a. Retaining wall--top of wall elevations and locations. __ b: Toe and top of cut ~arid fill slopes, 47. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Development Division of the Parks ~c Public Works Department. On sites over five (5) acres, aNotice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed' between clearing of an area and stabilizing/building on an area if grading is allowed to go on during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site for emergency control, if needed. Install filter berms, check dams, retention basins, silt fences and straw bale dikes as needed on the project site, to protect down stream water quality during winter months. 48. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 49. ACCESS DRIVEWAY TO ADJACENT CONDOMINIUMS. A "Stop" sign and stop bar ,~.~ shall be placed on the exit portion of the driveway that is to be built to access the ~ ' condominiums to the south of the project site. 50. UTILITIES. The. developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). Cable television capability shall be provided to all new homes. 51. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request_ awalk-through with the Engineering Construction .. _ _ . __ Inspector before the start of construction to verify existing conditions. 52. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District. and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. Page 8 of 12 53. MITIGATION #6 (TRANSPORTATION/CIRCULATION): The minimum inside turning . radius for dead-end, two-way aisles shall be 20 feet. Either the two dead-end aisles shall be redesigned to achieve such a radius or hammerhead-type design shall be employed. 54. LANDSCAPE MAINTENANCE AGREEMENT: Prior to issuance of a building permit, a five year Landscape maintenance Agreement shall be entered into. (Parks ancf Forestry 1)avisio~r) 55. NEW TREES: All newly planted trees are required to be double staked to Town standards and shall be planted prior to final occupancy, 56. TREE REMOVAL PERMITS. Tree Removal Permits shall be obtained prior to the issuance of a Building and/or Grading Permit. 57. TREE PROTECTION ON-SITE AND OFF-SITE. All existingtrees both on and off-site in the immediate vicinity of the project which may be affected by construction and are not approved for removal shall be protected prior to and during construction. 5~. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Director of .Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. Such fencing is .to be installed prior to, and be maintained during, construction. The fencing shall be a four foot high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a typical chain link fence that is rented. 59. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by an in-ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation or any water sensitive species such as Oak trees. 60. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. TO SATISFACTION OF SANT.r~ CL.ARA COIJNT~' CENTRAL FAZE DISTRICTa 61. CONSTRUCTION: All buildings shall be Type V-1 hour construction based upon occupancy type. 62. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. The buildings shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall Page 9 of 12 be hydraulically designed per National Fire Protection Association (NFPA) Standard # 13, 1994 Edition. 63. FINAL REQUIRED FIRE FLOW: The final required fire flow is 1,500 GPM at 20 psi. residual pressure with the installation of the automatic fire sprinkler system. This flow shall be taken from any twa -ire liydrarits, on or near the site- so long as they are spaced of a maximum spacing of 250 feet. 64. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide four public fire hydrants at locations to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal. Required fees to be paid ASAP to prevent engineering delays. 65. PRIVATE FIRE HYDRANT(S) REQUIRED. Provide private on-site hydrant(s) installed per NFPA Std. #24, at location(s) to toe determined by the Fire Department. Maximum hydrant spacing shall be 25.0 and the minimum single flow hydrant shall be 1,500 GPM at 20 p.s.i. residual pressure. Prior to designing the system, the project civil engineer shall meet with the fire department water supply officer to jointly spot the hydrant locations. 66. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Required Fire Service ~A1~ and Fire Hydrant installations shall be installed, tested and accepted by the Fire Department, prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 67. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 30 feet, vertical clearance of 13 feet 6 inches,. minimum circulating turning. radius of 45 feet outside and 31 feet inside, and a maximum slope of 10-percent and vehicle loading. of 52,000 pounds. 68. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside, and a maximum slope of 15-percent. Installations shall conform with Fire Department StandardDetails and~Specifications A-1. Cut=De-Sac Diameters shall be no less __ _ _ _ _.. than 72 feet. _ _ _ __ 69. FIRE LANE MARKINGS REQUIRED. Provide markings for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. ~„ Page 10 of 12 70. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet parking will be allowed on both sides of the roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based on an 8 ft wide space. 71. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads up through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 72. FIRE LADDER TRUCK SET UP AREA(S) OPTION: Provide Fire Department Ladder Truck set up areas with a minimum unobstructed width of 30 feet and a minimum length of 60 feet. Area shall support 75,000 pounds of gross vehicle weight. Area shall be paved or other engineered surfaces may be used with Fire Department approval. 73. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. and be a minimum of four inches in height. 74. EMERGENCY ACCESS ROAD GRADIENT: Provide a gradient for the emergency access road. Confirm that this roadway is passable to emergency apparatus. Roadway shall be all weather and a minimum of 12' in width. Continue to maintain the additional secondary access point between the existing apartment complex and the professional building complex to the south of this proposed development. 75. FIRE ACCESS ROAD: The fire access road shall be used for emergency access only (both vehicular and pedestrian). T® THE SATISFACTIGN ®F THE T® ATT®Rr1EY 76. GRAFFITI REMOVA:t.,. The developer shall post a letter of credit or cash in the sum of twenty thousand dollars ($20,000.00) which shall:~be maintained for a period of fifteen (15) years fcr tfi.e removal of graffiti on the souritl -wall once construction has been completed. Page 11 of 12 SECTION 'VI This Ordinance was introduced at a regular meeting of the Town Council.of the Town of Los Gatos on March 5, 2001, and adopted by the following vote as an ordinance of the Town of Los .- - . _. Gatos at a meeting of the Town Council of the Town of Las Gatos on March 19, 2001. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Joe Pirzynski MAYOR OF TIE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA The foregoing lrtstrur~ert~ is a correct copy of the ®riglnal on file in this offlca. ATTEST; MARIAN V. C®sGR®VE ®IRECTOR OF LEG C~.ERK OF 7Mt_ TIC RV(C - ..._ F I.OS AT( s: mry3 r vnr, ra. w~a Pa e 12 of 12 `' ~®- Appli~ati®n I~1®® ~~~ ®~ ~ ~ ~ ~ , _ (''h~no~ of 7n~~r~ .~..~~ r (~; (S~ OR®IIUAIVCE 2122 f4 / THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS:FOLLOWS: SECTI®N 1 The Performance Standards of Ordinance No. 2051 are hereby amended t® reflect the elimination of an emergency access fire road. The following Performance Standards and revised site plan shown in Exhibit A, are part of the original Official Development Plan. of Ordinance No. 2059 and must be complied with before any issuance of any grading or construction permits: (*~*MI'TIGATI®N MEASURES) . TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: I (Planning ®ivision) ARCHITECTURE AND SITE APPROVAL REQUIRED.. A separate,4rchitecture and Site application and approval is required from the Town prior to the issuance of any permits or construction on site. 2. DEVELOPMENT STANDARDS (SETBACKS, HEIGHT, PARKING, ETC.): Minimum yard setbacks, building heights, etc. shall be limited to those depicted on the approved development plan. All setbacks shall comply with the approved development plan. 3. FUTURE A®®ITIONS: No additional square footage shall be permitted to any of the units. 4. *~*MiTIGATION #1(HA~ARDS): Priorto project construction, a Phase 9 Site Assessment shall_be_prepared_to_determine the _presence of hazardous materials in site soils. The ass®ssmentspall-focus®n p®rtioris of the site where~fiH lia"s been placed. 1f "required, fhe Assessment shall provide appropriate recommendations of any required remediation. 5. ***MITIGATION #2(CULTURAL RESOURCES): In the event that archaeological traces are encountered, all construction within a 50-meter radius of the find will be hafted, the Planning Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. Page 1 of 9 EXHIBIT 4 T~ ,~~ 6. ~`~`*MITIGATION #3(CULTURAL RESOURCES): If human remains are discovered, the . Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he will notify the Native American Heritage Commission, who will attempt to identify descendants of the deceased Native Americans. 7. ***MITIGATION #4(CULTURAL RESOURCES): If the Planning. Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in Appendix K of the CEC~A Guidelines. tf the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Planning Director for consideration and approval, in confermance with the protocol set forth in Appendix K of the CEQA Guidelines. 5. ~**MITIGATION #5(CULTURAL RESOURCES): A final report will be prepared when a find is determined to be a significant .archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and fist of identified resources, the disposition and curation of these ,resources, any testing, other recovered information, and conclusions. 9. FENCING. All proposed fencing for the development shall be reviewed during the Architecture and Site approval process. 10. SOUNDWALL. Final details of the soundwall shall be provided during the Architecture and Site approval process. Gate(s) shall. be provided in the soundwall. to access the landscape area adjacent to Highway 17 for maintenance purposes. 11. SMP UNITS. The Developer shall work with the Director of Community Services during the Architecture and .Site approval process to make the required arrangements for the SMP rental units. 12. SMP PARKING. The assigned. parking spaces forthe units will be further reviewed during the Architeoture and Site Approval process. 13, DEPRESSED GARAGES. Slope details of the driveway to the depressed garages shall be provided during the Architecture and Site approval process. 14. STUDY SESSION. Prior to the Architecture and Site hearing for all ofi the improvements articulated-with the changes-anal-finalizing-the-.plan;.-a-noticed study session, involving all interested parties and the Planning Commission shall occur. 15. CONSTRUCTION TRAFFIC. The developer shall develop a construction schedule and a trafific control plan during the Architecture and Site approval process to minimize the potential for traffic safety and congestion impacts to the neighboring streets during construction. 16. LOFTS. During the Architecture and Site approval process, the Planning Commission Page 2 of 9 ~~ shall consider whether or not the loft should be removed. ~,„~ (building ®ivlsi®n) 17. PERMITS REQUIRE®: A building permit application shall be required for each proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary. 13. C®NSTRUCTI®N PLANS: The Conditions of,4pprovaf shall be stated in full on the cover sheet of construction plan submitted for building permit. 19. .SIZE ®F PLANS: The maximum size of construction .plans submitted for building permits shall be 24 in. X 36 in. 20. S®ILS REP®RT: Two copies of a soils report, prepared to the satisfaction of the Building ®fficial, containing foundation and retaining wall design recommendations shall be submitted with the Building Permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 21. F®UNDATi®N INSPECTI®NS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations asspecified in the soils report and the building pad elevation and on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation b. Finish floor elevation c. Foundation corner locations 22. TITLE 24 ENERGY C®MPLIANCE: California Title 24 Energy Compliance forms CF-1 R AN® MF-1 R shall be blue lined on the construction plans. 23. PLANS: The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5533} 24. HAZARD®US FIRE Z®NE: This project requires Class A roofing assembly. 25. TITLE 24 ACCESSIBILITY - MULI°iFAMiLY: ®n site parking facility shall comply with the latest California Title_ 24 Accessibility_Standards_for_disabled. 26. TITLE 24 ACCESSIBILITY -MULTIFAMILY: ®n site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shat{ include but not be limited to accessibility to building entrances from parking facilities and sidewalks. 27. TITLE 24 ACCESSIBILITY -MULTIFAMILY: The buildings shall fully comply with the latest California Title 24 Accessibility Standards. Page 3 of 9 23. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Department Service Counter. The Town Special inspection schedule shall be blue lined on the construction plan. 29. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (Size 24" X 36") is available at the Building Department service counter. 30. APPROVALS REQUIRED: The Project requires the following agencies approval before issuing a building permit: a) West Valley Sanitation District: 373-2407 b) Santa Clara County Fire Department: 373-4010 c} Los Gatos School District: 395-5570 Note: Obtain the School district form from the Town. Building Department, afterthe Building Department has approved the building permit. 31. CONSTRUCTION HOURS/NOISE. Construction work hours shall be limited to 9:00 a.m. to 6:00 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends and holidays. Procedures with the highest noise potential shall be scheduled for the times during which the ambient noise levels are highest (i.e., during peak commute hours.) The developer's contractor shall employ the quietest alternative equipment to muffle or control noise from available equipment. Especially noisy operations such as mixing concrete shall be performed off-site and. not in the general vicinity of the project site. 32. ***MITIGATION #3 (NOISE): The project shall be required to include a noise wall along the project boundary that is contiguous to the Highway 17 freeway with the height specifications as recommended in the detailed noise study. 33. ~`**MITIGATION #10 (NOISE): To control flanking noise,. the barrier shall continue along the southern property boundary as specified in the detailed noise study (attachment 1 of the Initial Study). 34. **~MITIGATIOIV_:#11- {NOISE): In order tv-meet Title 24 interior. noise standards, the project shalt implement general construction measures as well as window and door controls as recommended in the detailed noise study (attachment 1 of the Initial Study}. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (engineering Division) 35. LOT MERGER REQUIRED. A separate Lot Merger application submittal and approval is required for the proposed project prior to the issuance of building permits. Page 4 of 9 '~~~ 36. GRADING PERMIT. A grading permit is required for all on-site improvement, grading, drainage and erosion control. A se crate application for a grading permit (with grading plans) shall be madeto the Engineering Division of the Parks ~ Public Works Department. The grading plans shall include final grading, drainage retaining wall location, driveway, utilities.and interim erosion contr®I. 37. SOILS REP®RT. ®ne copy of the soils and geologic report shall be submitted with the grading permit or public improvement application. The soils report shall include specific criteria and standards governing. site grading, drainage, pavement design, retaining wail design and erosion control. The reports shalt be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 3~. DEDICATI®NS. The following shall be dedicated by separate instrument. The dedication shall be recorded before any permits are issued. . Reciprocal ingress-egress, storm drainage and sanitary sewer easements, with adjacent properties, as required. 39. TRAFFIC IMPACT MITIGATION FEE (MULTI-FAMILY RESIDENTIAL). The developer shall pay a proportional to the project's share of transportation improvement .needed to serve cumulative development within the Town of Lo.s Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit applications is made. The fee shall be paid before the building permit is issued. The traffic. impact mitigation fee for this project, using the current fee schedule and the preliminary plans is $194,922. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application, using a trip generation rate based on apartment user 40. 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 III job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall 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. 4t . ::EN~ROACI-fMENT-PERMI`T:_:-All_wor-k in-the pub.lie-right-of-way_will r-equire-a Construction Encroachment Permit. All work over $5,000 will require construction security. 42. PUBLIC W®RKS INSPECTI®NS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so wilt result in rejection of work that went on without inspection. Page 5 of 9 ~~ 43. GRADING INSPECTIONS. The soils engineer or her/his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy/Certificate of Completion. 44. SURVEYING CONTROLS. Horizontal~and vertical controls shall. be set and' certified by a licensed surveyoror registered civil engineer qualified to practice land surveying, forthe following-items: a. Retaining wall--top of wall elevations and locations. b. Toe and top of cut and fill slopes. 45. EROSION CONTROL. Interim and final erosion control plans shall. be prepared and submitted to the Engineering Development Division of the Parks ~ Public Works Department. On sites over five (5) acres, a Notice of Intent (NOI) and Storm Water Pollution. Prevention Plan (SW PPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed to go on during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site for emergency control, if needed. Install filter berms,. check dams, retention basins, silt fences and straw bale dikes as needed on the project site, to protect down stream water quality during winter months. 46. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 47. ACCESS DRIVEWAY TO ADJACENT CONDOMINIUMS. A "Stop" sign and stop bar shall be planed ®n the exit portion of the driveway that is to be built to access the condominiums to~the south of the project site. 45. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground,. as required by Town Code §27.50.015(b). Cable television capability shall be provided to all new homes. 49. 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 r_e.paired anal .replaced: to a co.ndition..e_q.ual 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 awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 50. SANITARY. SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District anal approved by the Town of Los Gatos before they are used ar reused. Install a sanitary sewer lateral clean-out at the property line. Page 6 of 9 '' 51. MITIGATION #6 (TRANSPORTATION/CIRCULATION): The minimum inside turning ". radius for dead-end, two-way aisles shall be 20 feet. Either the two dead-end aisles shall be redesigned to achieve such aradius orhammerhead-type design shall be employed. 52. LANDSCAPE MAINTENANCE AGREEMENT. Prior to issuance of a building permit, a five year Landscape Maintenance .Agreement shall be entered into. (Parks and Forestry ®ivision) 53. NEW TREES:' All newly planted trees are required to be double staked to Town standards and shall be planted prior to final occupancy. 54. TREE REMOVAL PERMITS. Tree Removal Permits shall be obtained prior to the issuance of a Building and/or Grading Pertimit. 55. TREE PROTECTION ON-SITE AND OFF-SITE. All existing trees both on and off-site in the immediate vicinity of the project which may be affected by construction and are not approved for removal shall be protected prior to and during construction. 56. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a four foot high chain link attached to steel ,poles driven two feet into the ground when at the dripline of the tree. If the fence has to be within eight feet of the trunk of the tree, a fence base may be used,. as in a typical chain link fence that is rented. 57. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by an in-ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation or any water sensitive species such as Oak trees. 53. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. TO SATISFACTION OF SANTA CLARA COUNTY CENTRAL FIRE DISTRICT: 59. CONSTRUCTION: All buildings shall be Type V-1 hour construction based upon occupancy type. -- 60. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. The buildings shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically designed per National Fire Protection Association (NFPA) Standard #13, 1994 Edition. 61. FINAL REQI~IRED FIRE FLOW: The final .required fire flow is 1,500 GPM at 20 psi. residual pressure with the installation of the automatic fire sprinkler system. This flow Page 7 of 9 ~~ ,~ shall be taken from any two fire hydrants, on or near the site so long as they are spaced at a maximum spacing of 250 feet. 62. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide four public fire hydrants at locations to be determined jointly by the Fire Department and the San Jose Water Company. Maximum hydrant spacing shall be 250 feet, with a minimum single hydrant flow of 1,500 GPM at 20 psi, residual. If area fire hydrants exist, reflect their location on the civil drawings included with the building permit submittal, Required fees to be paid ASAP to prevent engineering. delays. 63. PRIVATE FIRE HYDRANT(S) REQUIRED. Provide private on-site hydrant(s) installed per NFPA Std. #24, at location(s) to be determined by the Fire Department. Maximum hydrant spacing.. shall be 250 and the minimum single flow hydrant shall be 1,500 GPM at 20 p.s.i. residual pressure.. Prior to designing the system, the project civil engineershall meet with the fire department water supply officer to jointly spot the hydrant locati®ns: 64. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Required Fire Service and Fire Hydrant installations shall be installed, tested and accepted by the Fire Department, prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 65. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQULRED. Provide access roadways with a paved all weather surface and a minimum unobstructed. width of 30 feet, vertical clearance of 1.3 feet 6 inches, minimum circulating turning radius of 45 feet outside and 31 feet inside, and a maximum slope of 10-percent and vehicle loading of 52,000 pounds. 66. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside, and a maximum slope of 15-percent. Installations shall conform with Fire Department Standard Details and Specifications A-1. Cul-De-Sac Diameters shall be no less than 72 feet. 67. FIRE LANE MARKINGS REQUIRED. Provide markings for all roadways within the project. Markings shall be per fire department specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6. 68. PARKING ALC}NG-ROADWAYS.. The:required:width:of.fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 36 feet parking will be allowed on both sides of the roadway. Roadway widths shall be measured face to face of curb. Parking spaces are based on an 8 ft wide space. 69. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads up through first lift of asphalt shall be inspected and accepted by the Fire ®epartment prior Page 8 of 9 f to the start of construction. Bulk combustible materials shall not be delivered to the site . until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 70. FIRE LA®®ER TRUCK SET UP AREA(S) ®PTICN: Provide Fire Department Ladder Truck set up areas with a minimum unobstructed width of 30 feet and a minimum length of 60 feet. Area shall support 75,000 pounds of gross vehicle weight. Area shall be paved or other engineered surfaces may be used with Fire ®epartment approval. 71. PREMISES I®ENTIFICATICN: Approved numbers or addresses shall be placed on afl new and existing buildings in such a position as to be plainly visible ahd legible from the street or road fronting the property. Numbers shall contrast with their background and be a minimum of four inches in height. T® THE SATISFACTI®N ®F THE T®WN ATT®RNEY 72. GRAFFITI REM®VAL. The developer shall post a letter of credit or cash in the sum of twenty thousand dollars ($20,000.00) which shat{ be maintained for a period of fifteen (15) years for the removal of graffiti on the sound wall once construction has been completed. SECI"I®N II This ®rdinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 3, 2003, 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 November 17, 2003. This ordinance takes effect 30 days after it is adopted. C®UNCIL MEMBERS: AYES: Steve Glickman, ®iane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Sandy ®ecker. NAYS: None ABSENT: None ABSTAIN: None SIGNS®: L®S -G'i v ~~~~~~~ ®F THE T®WN ®F L®S GAT®S ;TOS; CALIFORNIA Page 9 of 9