2010050306 - Attachment 11 - Required Findings for Placer Oaks RoadREQUIRED FINDINGS FOR
Placer Oalcs Road
General Plan Amendment GP-07-001
Planned Development PD-07-142
Negative Declaration ND-07-143
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 ten single family
houses. No significant environmental impacts have been identified as a result of this project,
and a Mitigated Negative Declaration is recommended. APNS 529-16-073, 529-14-012 and 067.
PROPERTY OWNI+;R/APPLICANT: Cupertino Development Corporation
FINDINGS
All General Plan Amendments must be found to be inter^nally consistent with the Gene)^al
Plan. Since the access to the development is now in a low density single family
residential neighborhood, the General Plan amendment back to its original "low density"
land use designation will be consistent with the General Plan in that the existing character
of the neighborhood, in terms of its type and intensity of land use, will be maintained.
That the zone change is consistent with the General Plan. See above.
As required by the Town's Traffic Policy for a community benefit. Projects that generate
additional traffic of five or more peak hour trips may only be recommended for approval
if the project's benefits to the community override .the traffic impacts as determined by
specific sections of the General Plan and/or any Specific Plan. If a project generates
additional traffic of five or more peak hour trips the burden is on the applicant to cite
economic or housing benefits to the Town and/or specific sections of the General Plan
and any applicable Specific Plan that demonstrate the project's benefit to the Community
which outweighs the traffic impact. The deciding body must make specific findings which
demonstrate that the benefit(s) of the project outweigh the impact in order to approve the
project. The main community benefit with this proposal is that the change in the land
use designation from medium to low density residential will reduce the traffic impacts to
the residential neighborhood when developed. The applicant has also offered a traffic
calming contribution of $15,000.00 to the Town for Neighborhood Traffic Calming.
As required by the Town's Infill Policy for a community benefit.
1. In-fill projects should contribute to the further development of the sw^rounding
neighborhood (i. e, improve circulation, contribute to or provide neighborhood
unity, eliminate a blighted area, not detract fi^om the existing quality of life).
2. An in-fill project should be designed in context with the neighborhood and
surrounding zoning with respect to the existing scale and character of
surrounding structures, provide comparable lot sizes and open space, consider
garage placement, setbacks, density, pi^ovide adequate circulation and on-street
parking. In-fill development should blend rather than compete with the
Attachment 11
estaUlished character of the area.
3. Corridor lots may be considered if it decreases the amount of public street and is
consistent with objects #1 and #2. It must be demonstrated that a benefit to
surrounding properties is being provided.
4. The Planned Development process should only be used to accomplish objects #1
and #2. The applicant shall demonstrate the benefzt of a Planned Development
through excellence in design.
5. Approval of an in-fill project shall demonstrate a strong community benefit and
findings of benefit shall be part of the record.
As stated above, the main community benefit with this proposal is that the change in the
land use designation from medium to low density residential will reduce the traffic
impacts to the residential neighborhood when developed. The proposed development
respects the low density residential character in the existing neighborhood and has been
designed as a detached single family development. The applicant has also offered a
traffic calming contribution of $15,000.00 to the Town for Neighborhood Traffic
Calming.
N:\DEV\FINDINGS\2010\placeroaks. l , doc
RESOLUTION NO.
RESOLUTION OF THE TOWN OF LOS GATOS
AMENDING THE GENERAL PLAN TO CHANGE THE
DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL
TO LOVJ DENSITY RESIDENTIAL FOR PROPERTY
AT PLACER OAKS ROAD (APNS: 529-16-073, 529-14-012 AND 067)
WHEREAS, pursuant to Govermment Code Section 65353, the Town Council
conducted a public hearing for consideration of amendments to the General Plan on
2010..
WHEREAS, during this hearing, the Town Council considered the General Plan
Amendment to change the land use designation from Medium Density Residential to Low
Density Residential for property at Placer Oalcs Road (APNS: 529-16-073, 529-14-012
AND 067).
RESOLVED, the Town Council finds that (a) the proposed General Plan
amendment is internally consistent with the existing goals and policies of the General
Plan and its corresponding elements and (b) that all proceedings have been conducted in
compliance with the provisions of Government Code Section 65350 et seq.
RESOLVED, the Town Council hereby changes the land use designation of the
General Plan as shown on Exhibit A from Medium Density Residential to Low Density
Residential.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 2010 by the
following vote.:
COUNCIL MEMBERS
AYES:
NAYES:
ABSTAIN:
ABSENT:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST;
CLERK OF TIIE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\RESOS\placeroal<s.doc
Attachment 12
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Density
T9WN OF LOS GATOS
Application No. GP-07-001 A.P.N. # 529-16-073, 529-14-012, 067 "
Change of the general plan, map amending the Town General Plan
From: Medium Density Residential
To: Low Density Residential
Forwarded by Planning Commission Date: 3/10/10
Approved by Town Council Date: Ord:
Clerk Administrator Mayor
Exhibit A
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
RESCINDING ORDINANCES 2081 AND 2122 AND
EFFECTING A ZONE CHANGE FROM RM:S-12:PD TO R-1:8:PD
AT PLACER OAKS ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to rescind Ordinances
2081 and 2122 and to change the zoning at Placer Oaks Road as shown on the map which is
attached hereto marked Exhibit A and is part of this Ordinance from RM:S-12:PD (Medium
Density Residential, 5-12 units per .acre, Planned Development), to R-1:8:PD (Single Family
Residential, 1 to 5 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. Ten single family residences, one of which is a Below Market Price Unit; and
2. Landscaping, streets, parking, open space and other site improvements shown and
required on the Official Development Plan.
Attachmeait 13
3. Uses permitted are those specified in the underlying R-1 (Single Family
Residential) .zone by Sections 29.40.385 (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, subject to any restrictions or other requirements specified
elsewhere in this ordinance including, but not limited to, the Official
Development Plan. However, no use listed in Section 29.20.185 is
allowed unless specifically authorized by this Ordinance, or by
Conditional Use Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development
Plan specifically shows otherwise.
SECTION IV
Architecture and Site Approval is required before the construction work for the
new dwelling units and potential house relocation, whether or not a permit is required for
the work and before any permit for construction is issued. Construction permits shall
only be in a mamier complying with Section 29.80.130 of the Zoning Ordinance.
SECTION V
The attached Exhibit A (Map) and Exhibit B (Development Plans), are part of the
Official Development Plan. The following must be complied with before issuance of any
grading or construction permits:
2
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY
DEVELOPMENT:
(Planning Division)
1. ARCHITECTURE AND SITE APPROVAL REQUIRED. The Official
Development Plans and this ordinance establish the allowed uses and intensity of
development. The Official Development Plans are conceptual in nature such that
deviations will be approved through the Architecture and Site approval process to
achieve architectural excellence and significant architectural diversity.
Deviations include, but are not limited to, building footprint (approved setbacks
must still be maintained), height, window and door locations, and architecture
style and details. The Architecture and Site plans shall be reviewed by the
Town's Consulting Architect at the applicant's cost. The Planning Commission
shall be the deciding body of the Architecture and Site applications. for the new
single family residences and potential house relocation.
2. GARAGE WINDOW. The design of the garage window for Plan A-A shall be
finalized during the Architecture and Site approval process pursuant to the
direction of the Town's Consulting Architect's comments, dated May 29, 2008.
This performance standard is not applicable if major changes occur to the house
design as permitted in the above Architecture and Site approval performance
standard.
3. HOUSE SIZES. No additional square footage shall be permitted for any of the
market rate units. Additional square footage is permitted for the BMP unit.
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4. BACKUP. A minimum garage backup distance of 25 feet shall be provided for
Lots 4, 7 and 10.
5. PARKING. If the Fiesta House is relocated to the site, during the Architecture
and Site process, the location of the garage or parking pad shall be confirmed.
6. LANDSCAPE PLAN. A final landscape plan shall be submitted during the
Architecture and Site approval process. This plan shall be reviewed by the
Town's Consulting Arborist at the applicant's expense.
7. OFF-SITE LANDSCAPE SCREEN. The applicant shall work with the property
owner at 16996 Franlc Avenue (APN 529-14-033), to construct a landscape screen
on the Franlc Avenue property to provide screening for the glare from vehicles
exiting the development. The screen shall be installed prior to final occupancy of
the first unit.
8. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to
the issuance of a Building, Grading or Encroachment Permit.
9. ADDITIONAL TREE MITIGATION. The applicant shall mitigate the Oalc tree
removed to accommodate the roadway realignment at the Placer Oaks Road
frontage pursuant to Town Code requirements.
10. TENTATIVE MAP. The Development Review Committee may be the deciding
body of the tentative map.
11. GREEN BUILDING. The houses shall be designed to achieve compliance with
GreenPoint Rated Standards for green building certification. The GreenPoint
checklist shall be completed by a Certified Green Building Professional.
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12. SOLAR. During the Architecture and Site approval process, all new residences,
to the extent feasible, shall be designed to take full advantage of passive solar
opportunities.
13. WALKWAY: The applicant shall consider the possibility of installing the
walkway at grade during the Architecture and Site approval process.
14. SOUNDWALL. The soundwall shall be stepped to break the continuous length
of the wall. 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 t11e landscape area adjacent to Highway 17 for maintenance
purposes and shall be constructed pursuant to the detailed noise study prepared by
Edward L. Pack Associates (Pack), Inc, dated June 12, 2007.
15. FENCING. All proposed fencing for the development shall be reviewed during
the Architecture-and Site approval process.
16. *BIOLOGICAL RESOURCES: If land clearing, grading, tree and brush removal,
tree trimming or demolition activities are to occur during the nesting season (i.e.,
between February 1 and August 15), apre-construction nesting bird survey shall
be performed by a qualified biologist. 'The biologist should survey the area
immediately adjacent to the construction area for the presence of nests. This pre-
construction survey shall be conducted no more than one week prior to the
plamled grading activity.
a. If nesting birds with eggs or young are observed during the pre-
construction surveys, grading in the affected project area shall not
commence until after the young have fledged.
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b. If no nesting birds are observed, no further action is required, and grading
and construction may proceed, provided it commences within one week of
the survey to prevent "take" of individual birds that may have begun
nesting after the survey.
17. *TREES: Recommendations made by Arbor Resources (June 9, 2008) shall be
implemented to eliminate or minimize the construction-related impacts on the
trees to be retained. Recommendations are listed under Section 5.0 of the
arborist's report but Section 4.0 also includes additional design recommendations.
These include design guidelines section addressing tree location mapping, utility
locations, drainage facilities, and landscape design. The report also provides
protection measures before and during construction, addressing fencing, work
within tree canopies, etc.
18. ARBORIST REQUIREMENTS. The developer shall implement, at their cost, all
recommendations made by the Town's Consulting Arborist identified in the
Arborist's report, dated June 9, 2008, and/or subsequent reports prepared during
the Architecture and Site process, on file in the Community Development
Department. These recommendations must be incorporated in the building permit
plans, and completed prior to issuance of a building permit where applicable. The
applicant shall prepare and submit a memorandum with the building permit,
detailing how each of these recommendations have or will be addressed.
19. TREE PROTECTION MEASURES. Prior to issuance of a building permit, the
Town's Consulting Arborist shall review the building permit plans, at the
6
developer's cost, to ensure all of the required tree protection measures have been
implemented in the construction plans.
20. ADDITIONAL TREE MITIGATION. The applicant shall mitigate the Oak tree
removed to accommodate the roadway realignment at the Placer Oaks Road
frontage pursuant to Town Code requirements.
21. *ARCHAEOLOGICAL: In the event that archaeological traces are encountered,
all construction within a 50-meter radius of the find will be halted, the
Community Development Director will be notified, and an archaeologist will be
retained to examine the find and make appropriate recommendations.
22. *NATIVE AMERICAN REMAINS: 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 shall attempt to identify descendants of the deceased Native
Americans.
23. *FINAL ARCHAEOLOGICAL REPORT: A final report shall be prepared at the
applicant's cost when a find is deternined to be a significant archaeological site
and/or when Native American remains are found on the site. The final report
s11a11 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.
24. *ARCHAEOLOGICAL FIND: If the Community Development Director finds
that the archaeological find is not a significant resource, work will resume only
7
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 CEQA Guidelines Section 150b4.5(e). If the site is found to
be a significant archaeological site, a mitigation program will be prepared and
submitted to the Community Development Director for consideration and
approval, in conformance with the protocol set forth in Public Resources Code
Section 21083.2.
25. WATER EFFICIENCY. This project is subject to the Town's Water Efficient
Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee as
established by Town Council resolution shall be paid when the landscape,
irrigation plans and water calculations are submitted for review prior to the
issuance of building permit.
26. BMP UNIT. The developer shall work with Town staff during the Architecture
and Site approval process to make the required arrangements for the BMP unit.
The BMP unit must receive approved building permits prior to the issuance of the
building permit for the last market rate unit. The BMP contract shall be
completed prior to issuance of a building permit. Final occupancy clearance of
the BMP unit shall occur prior to the final of the last market rate unit.
27. DEED RESTRICTION. Prior to issuance of a building permit, a deed restriction
shall be recorded by the applicant with the Santa Clara County Recorder's office,
stating that the required BMP unit must be sold as a below market priced unit
pursuant to the Town's BMP regulations.
8
28. FINISH OF .BMP UNIT. The internal finish of the BMP unit (excluding the
Fiesta House if relocated to the site) shall be identical to that of the marleet rate
units in the project, except that the developer may request Town approval of
substitutions for luxury interior finishes, appliances and fixtures.
29. NOISE ABATEMENT. During the Architecture and Site approval process, the
applicant shall provide documentation on how the project has been designed and
the proposed construction methods and/or materials to lower the dBA, to come as
close as possible to meeting the Town's noise requirements. This documentation
shall be above and beyond the measures noted in the noise study for the Planned
Development application. The additional noise reduction measures approved for
the Architecture and Site applications shall be incorporated in the construction
plans during the building permit process and implemented in the construction of
t11e units.
(Building Division)
30. *NOISE: The project shall be required to include anoise-wall along the project
boundary that is contiguous to the Highway 17 freeway with the height
specifications as recommended in the detailed noise study prepared by Pack. To
control flanking noise, the barrier shall continue along the southern property
boundary as specified in the detailed noise study. In addition, recommended noise
control measures (e.g., closed windows where there is a direct line-of sight,
windows meeting specified Sound Transmission Class ratings, and mechanical
ventilation) shall be incorporated into project homes to achieve acceptable interior
noise levels.
31. PERMITS REQUIRED: A building permit shall be required for the construction
of the new single family residences and the sound wall. Separate permits are
required for electrical, mechanical, and plumbing work as necessary.
32. CODES: Projects will be required to conform to the 2007 California Building,
Fire, Mechanical, Electrical, and Plumbing Codes. The CC's are based on model
codes; 2006 International Building Code and Fire Code and 2006 Uniform
Plumbing and Mechanical Codes and the 2005 National Electrical Code.
33. 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.
34. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36."
35. SOILS REPORT: 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. California Building
Chapter 18.
36. 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 Cal/OSHA regulations.
to
37. 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
recommendations as specified in the soils report; and, the building pad elevation,
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. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
38. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall
be designed with adaptability features for single family residences per Town
Resolution 1994-61:
a. Wooded 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-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.
11
39. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance
forms CF-1R, MF-1R, and WS-SR must be blue-lined on the plans.
40. 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 (WVSD) requires backwater valves on drainage piping serving fixtures
that have flood level rims less than 12-inches above the elevation of t11e next
upstream manhole.
41. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an
EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall
be cut within 10-feet of chimneys.
42. PRIOR TO FINAL INSPECTION, provide a letter from a California registered
architect certifying the landscaping and vegetation clearance requirements have
been completed per the California Public Resources Code 4291 and Government
Code Section 51182.
43. SPECIAL INSPECTIONS: When a special inspection is required by CBC 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. The Town Special Inspection form must be completely filled-out,
signed by all requested parties, and be blue-lined on the construction plans.
Special Inspection forms are available from the Building Division Service
Counter or online at www.los atg osca.~ov/building
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44. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town
standard Santa Clara County Valley Nonpoint Source Pollution Control Program
Sheet (or Clean Bay 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.
45. PLANS: The construction plans shall be prepared under the direct supervision of
a licensed architect or engineer. (Business and Professionals Code Section 5538)
46. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
e. Community Development - Plaiming Division: Sandy Baily at 354-6873
£ Engineering/Parks & Public Worlcs Department: John Gaylord at 395-
3460
g. Santa Clara County Fire Department: (408) 378-4010
h. West Valley Sanitation District: (408) 378-2407
i. 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.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC
WORKS:
(Engineering Division)
47. 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 Parlcs & Public Works Deparhnent located at 41
13
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 grading
permit is for work outside the building footprint(s). A separate building permit,
issued by the Building Department on E. Main Street is needed for grading within
the building footprint.
48. SOILS INVESTIGATIONS AND REVIEW RECOMMENDATIONS. All
requirements and recommendations as outlined in the Geo Forensics, Inc -
Geotechnical Investigation for Proposed New 9-Unit Subdivision dated July 2,
2007 and the AMEC -Supplemental Geologic and Geotechnical Peer Review
dated July 7, 2008 and all referenced documents therein shall be incorporated into
final designs. This condition shall include the requirement for a stability analysis
to be completed per the July 7, 2008 AMEC Review. This analysis shall be
completed and provided to the Town Engineering Department prior to any
permits.
49. 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.
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50. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend apre-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 tunes during construction.
51. RETAINING WALLS. A building permit, issued by the Building Department at
110 E. Main Street, may be required for site retaining. walls. Walls are not
reviewed or approved by the Engineering Division of Parks and Public Worlcs
during the grading permit plan review process.
52. PATHWAY RAILINGS. All private and public pathways with adjacent downhill
walls or slopes greater than 3 :1 shall have protective railings.
53. SOILS REPORT. One copy of the soils and geologic report shall be submitted
with the grading permit and public improvement application. The soils report
shall include specific criteria and standards governing site grading, drainage,
pavement design, retaining wall design and erosion control. The reports shall be
signed and "wet stamped" by the engineer or geologist, in conformance with
Section 6735 of the California Business and Professions Code.
15
54. 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.
55. 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 baclcfill so they can verify that the actual
conditions are as anticipated in the design-level geoteclulical report, and
recommend appropriate changes in the recommendations 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.
56. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to
construct public improvements in accordance wit11 Town Code §24.40.020.
57. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable
securities for all public improvements that are a part of the development in a form
acceptable to the Town in the amount of 100% (performance) and 100% (labor
and material) prior to issuance of any permit. Applicant shall provide two (2)
copies of documents verifying the cost of the public improvements to the
16
satisfaction of the Engineering Division of the Parlcs and Public Works
Department,
58. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and
trash companies indicating that the proposed improvements and easements are
acceptable shall be provided prior to recordation of the final map.
59. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment
plant capacity fees shall be paid either immediately prior to the recordation of any
subdivision or tract maps with respect to the subject property or properties, or
immediately prior to the issuance of a sewer connection permit, which ever event
occurs first -written confirmation of payment of these fees shall be provided
prior to map recordation.
60. DEDICATIONS. The following shall be dedicated on the final track map by
separate instrument. The dedication shall be recorded before any permits are
issued.
a. Public Service Easement (PSE). Ten (10) feet wide, next to the Placer
Oaks Road right-of--way and five (5) feet wide, private road along lot
frontages.
b. Ingress-egress, storm drainage and sanitary sewer easements, ~s required,
c. Emergency Access Easement. Twenty (20) feet wide, from the end of the
private road to Placer Oaks Road.
61. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by
the Town prior to recordation of a map. The joint trench plans shall include street
and/or site lighting and associated photometrics. A letter shall be provided by
17
PG&E stating that public street light billing will by Rule LS2A, and that private
lights shall be metered with billing to the homeowners association. Pole numbers,
assigned by PG&E, shall be clearly delineated on the plans.
62. WATER DESIGN. Water plans prepared by SJWC must be reviewed and
approved prior to issuance of any permit.
63. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress
printing to the Town for review of above ground utilities including backflow
prevention devices, fire department connections, gas and water meters, off-street
valve boxes, hydrants, site lighting, electrical/communication/cable boxes,
transformers, and mail boxes. Above ground utilities shall be reviewed and
approved by Community Development prior to issuance of any permit.
64. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to
submittal of plans to the Engineering Division of the Parks and Public Works
Department.
65. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to
issuance of any Permit or recordation of the Final Map.
66. PUBLIC IMPROVEMENTS. The following improvements shall be installed by
the developer. Plans for those improvements shall be prepared by a California
registered civil engineer, reviewed and approved by the Town, and guaranteed by
contract, Faithful Performance .Security and Labor & Materials Security before
the issuance of a building permit or the recordation of a map. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy
for any new building can be issued.
is
a. Placer Oalcs Road. Curb, gutter, sidewalk, street lights, tie-in paving,
signing, striping, storm drainage and sanitary sewers, as required.
67. 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.
68. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the
Town harmless shall be provided in a format acceptable to the Town Attorney
before recordation of the map issuance of the building permit.
69. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall
pay a proportional the project's share of transportation improvements needed to
serve cumulative development within the Town of Los Gatos. The fee amount
will be based upon the Town Council resolution in effect at the time the building
permit is issued. The fee shall be paid before issuance of a building permit. The
traffic impact mitigation fee for this project using the current fee schedule is
$5,742 per unit. The final fee shall be calculated from the final plans using the
rate schedule in effect at the time the building permit is issued.
70. INTERSECTION IMPACT FEES. The developer shall pay a fair share toward
the firture intersection improvement at Larlc Avenue/Los Gatos Boulevard. The
fee amount is estimated at $942.00.
71. COMMUNITY BENEFIT. Community benefit is required to mitigate traffic
impact.
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72. .TRAFFIC CALMING CONTRIBUTION. The applicant has offered a
contribution of $15,000.00 to the Town for Neighborhood Traffic Calming as a
community benefit. These funds shall remain earmarked for the Placer Oaks
neighborhood for a minimum period of two (2) years. In the event that the
neighborhood fails to submit a Neighborhood Petition within the two (2) year
period or fails to pass the criteria required as defined by the Town Traffic
Calming Policy then the payment shall be reallocated to the next prioritized
project in the Town Traffic Calming priority list. This payment shall be paid
prior to issuance of the first building permit.
73. SIGNAL UPGRADE. The developer shall upgrade the existing traffic signal
equipment at Los Gatos Boulevard/Chirco Drive by 1) Installing pedestrian
countdown signal heads and ADA-compliant pedestrian push buttons; 2)
Replacing 8" signal heads with 12" signal heads; and 3) Replacing non-LED
signal indication with LED's.
74. TRAFFIC CALMING. The developer shall re-stripe and re-sign the existing
traffic calming devices in the Chirco/Placer Oaks neighborhood as directed by the
Town Engineer.
75. TREE REMOVAL. Copies of all necessary tree removal permits shall be
provided prior to issuance of a grading permit.
76. GENERAL. All public improvements shall be made according to the latest
adopted Town Standard Drawings and the Town Standard Specifications. All
work shall conform to the applicable Town ordinances. The adjacent public right-
of-way shall be kept clear of all job related dirt and debris at the end of the day.
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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.
77. 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.
78. 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.
79. 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
80. 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 of section C.3 of the current Santa Clara
County NPDES Permit. The plan s11a11 delineate source control measures and
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BMP's together with the sizing calculations. The plan shall be reviewed and
certified by the Town Stormwater Quality Consultant - a deposit for this review
will be required. 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 Plaiming approval prior to release of
the Building Permit. The applicant may elect to have the Planning submittal
certified to avoid this possibility.
81. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The homeowner's
association shall enter into an agreement with the Town for maintenance of t11e
stormwater filtration devices required to be installed on this project by Town's
Stormwater Discharge Permit. The agreement will specify that certain routine
maintenance shall be performed by the 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 recorded prior to release of any occupancy permits.
82. EROSION CONTROL. hlterim and final erosion control plans shall be prepared
and submitted to the Engineering Division of the Parks & Public Works
Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan
(SWPPP) 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 stabilizing/building on an area
if grading is allowed during the rainy season. Interim erosion control measures,. to
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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
blai~lcets, 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 Order No. R2-2005-0035 of the amended
Santa Clara County NPDES Permit.
83. 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 control 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
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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.
84. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a
construction management plan that shall incorporate at a minimum the Earth
Movement Plan, Traffic Control Plan, Project Schedule, site security fencing,
employee parking, construction staging area, construction trailer, and proposed
outhouse locations.
85. 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).
86. SITE DRAINAGE. Rainwater leaders shall be piped through curb drains.
87. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of
contractor and home owner to malee 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 Town's storm drains.
88. 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). Flex corulection may be required at all connections to
structures and over grouted materials. All new utility services shall be placed
underground. Underground conduit shall be provided for cable television service.
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89. 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 liispector, 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.
90. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any 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.
91. CURB AND GUTTER. The developer shall repair and replace to existing Town
standards any 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.
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92. DRIVEWAY APPROACH. The developer shall install 22 foot Town standard
residential driveway approaches. The new driveway approaches shall be
constructed per Town Standard Details.
93. FENCING. Any fencing proposed within 200-feet of an intersection shall comply
with Town Code Section §23.10.080.
94. AS-BUILT PLANS. An AutoCAD disk of the approved "as-built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. 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) Temiis 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.
95. 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.
96. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures
which have flood level rims less than twelve (12) inches (304.8 mm) 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
baclcflow of sewage by installing an approved type backwater valve. Fixtures
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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 6.50.010 of the
Town Code and maintain such device in a fiulctional 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.
97. CONSTRUCTION NOISE. Between the hours of 8:D0 a.m. to 8:00 p.m.,
weekdays and 9:00 a.m. to 7:00 p.m. weekends aild holidays, construction,
alteration or repair activities shall be allowed. No individual piece of equipment
shall produce a noise level exceeding eighty-five (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.
98. 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 times 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.
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99, SITE SUPERVISION, The General Contractor shall provide qualified supervision
on the job site at all times during construction.
100.. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the
morning or evening peals periods (between 7:00 a.m. 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.
101. CC&R's. CC&R's shall be reviewed and approved by the Town Attorney,
Community Development Department, and Parlcs and Public Works Department
prior to recordation of the final map. The CC&R's shall include the maintenance
of the soundwall and landscaping of the soundwall.
102. *GEOLOGY AND SOIL: The recommendations of the geotechnical report by
GeoForensics Inc. (dated May 5, 2008) shall be implemented. These
recommendations address site preparation, grading, ground improvements,
foundations, retaining walls, drainage, and pavement.
103. ROAD REALIGNMENT -The roadway which enters and exits the development
at Placer Oaks Road shall be realigned during the subdivision application process
to reduce the glare from vehicles exiting the development.
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TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE
DEPARTMENT:
104. REQUIRED FIRE FLOW. Required fire flow for this project is 1,750 GPM at 20
psi. residual pressure.
105. REQUIRED FIRE FLOW OPTION. The developer shall provide the required
fire flow from fire hydrants spaced at a maximum of 500 feet or provide an
approved fire sprinkler system throughout all portions of the building, designed
per National Fire Protection Association (NFPA) Standard #13D and local
ordinances. The fire sprii~lcler system supply valuing shall be installed per Fire
Department Standard Detail & Specification W-1/SP-6.
106. PUBLIC FIRE HYDRANT(S). The developer shall provide one public fire
hydrant at a location to be determined jointly by the Fire Department and the San
Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a
minimum single hydrant flow of 1,500 GPM at 20 psi residual. To prevent
building permit delays, the developer shall pay all required fees to the water
company ASAP.
107. TIMING OF REQUIRED WATER SUPPLY HYDRANTS. Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible
materials. Building permit issuance may be witl~lield until required installations
are completed, tested and accepted.
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108. LOCATION IDENTIFIER. Prior to project final inspection, the general
contractor shall ensure that an approved ("Blue Dot") fire hydrant location
identifier has been placed in the roadway, as directed by the Fire Department.
109. FIRE ACCESS ROADS. The developer shall provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet six inches, minimum circulating turning radius of 36 feet
outside and 23 feet inside, and a maximum slope of 15%. Installations shall
conform to Fire Department Standard Details and Specifications sheet A-1.
110. ROADWAY TURNAROUND. The developer shall provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside
and 23 feet inside. Installations shall conform to Fire Department Standard
Details and Specifications sheet A-1 and A-6. Decorative paving must be
engineered to requirements of Standard A-1, Road Design, #2. Cul-de-sac
diameters shall be no less than 72 feet.
111. TIMING OF ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department
prior to the start of construction. Bulk combustible materials shall not be
delivered to the site until installation is complete. During construction,
emergency access roads shall be maintained clear and unimpeded. Note that
building permit issuance may be withheld until installations are completed.
Temporary access roads may be approved on a case by case basis.
112. 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
30
legible from the street or road fronting the property. Numbers shall contrast with
their background.
TO TIIE SATISFACTION OF THE TOWN ATTORNEY
113. 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 harmless the Town and its officials in any
action brought by a third party 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.
114. GRAFFITTI REMOVAL. The developer shall post a letter of credit or cash in
the sum of twenty thousand dollars ($20,000..00) which shall be maintained for a
period of fifteen (15) years for the removal of graffiti on the sound wall once
construction has been completed.
*Required as Mitigation Measures
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 2010, 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
effect 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 OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\ORDS\placeroaks, l .doc
32
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T®1N'N ®F L®S GATOS
Application No. PD-07-142 A.P.N. # 529-16-073, 529-14-012, 067 "
Change of zoning map amending the Town Zoning Ordinance
0 Zone Change From: RM :5-12:PD To: R-1:8:PD
Prezoning
Forwarded by Planning Commission
Approved by Town Council Date:
Clerk Administrator
Date: 3/10/10
Ord:
Mayor -
E%HIBIT A