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Ord 2205 - Allow New Memory Service & Assisted Living building at 800 Blossom Hill RdORDINANCE 2205 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE NO. 1788 TO ALLOW A NEW MEMORY SERVICE AND ASSISTED LIVING BUILDING FOR PROPERTY LOCATED AT 800 BLOSSOM HILL ROAD (APN 523 -05 -001) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The uses authorized by Ordinance 1788 are hereby amended to permit the addition of a memory service and assisted living building on the premises. SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Retention of existing continuing care retirement facility inclusive of 175 independent living units, 35 assisted living units and 59 skilled nursing units. 2. Deletion of 42 surface parking spaces. 3. Construction of a 23,000 square foot building for memory care and assisted living. 4. Landscaping, parking and other improvements shown and required on the Official Development Plans. 5, Uses permitted are retail, service and office uses exclusively for residents and employees of the facility, and those specified in the RM (Multiple- Family Residential) zone by Sections 29.40.610 (Permitted Uses) and 29,20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by a Conditional Use Permit. 6. Ordinance 1788 remains valid in conjunction with the amendments made by this Ordinance. Page 1 of 25 SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before construction work for the new building is performed, 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 manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Zone Change Map), Exhibit B (Official Development Plans), are part of the Official Development Plan, The Official Development Plans of Ordinance 1788 are still valid in conjunction with the amendments made by this Ordinance. The following performance standards must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk): TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the Architecture and Site approval process. Colors and building materials shown on the Official Development Plan are not approved and shall be reviewed during the Architecture and Site approval process. 2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold 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, and may be secured to the satisfaction of the Town Attorney. Page 2 of 25 3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A &S) application and approval are required for the new building. Architectural details, shall be refined as part of this process with input from the Town's Consulting Architect. The Development Review Committee may be the deciding body for the Architecture and Site applications. 4. BELOW MARKET PRICE (BMP) UNITS. Twenty nine (29) of the independent living units shall be Below Market Price units, as defined by the General Plan and Zoning Ordinance. 5. RESIDENCY. Residents in this project shall be restricted to persons who are sixty -two (62) years of age or older, or married couples living together when at least one spouse is sixty -two years of age or older and each other resident, except the spouse of cohabitant of the senior citizen, or a person who resides with and provides primary or physical or economic support it the senior citizen, shall be 45 years of age or older. Higher minimum age limits established by private restrictions are not allowed. 6. TEMPORARY RESIDENCY. Temporary residency by a person of less than 45 years of age shall be permitted for specified periods of not less than 60 days in any calendar year. 7. CHANGES IN RESIDENCY. Upon death or dissolution of marriage, or upon hospitalization, or other prolonged absence of the senior citizen, any other person who was a qualified permanent resident pursuant to the provisions of this section shall be entitled to continue in residence. 8. SETBACKS. The minimum setbacks are those specified by the RM zoning district or as otherwise shown on the Conceptual Development Plans, 9. BUILDING HEIGHT. The maximum height of the new building shall be 35 feet. 10. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties, to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications shall be reviewed as part of the Architecture and Site process. 11. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed and approved as part of the Architecture and Site process. Minimum tree size at time of planting shall be 24 -inch box. Page 3 of 25 12. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit. 13. *BIOLOGICAL RESOURCES MITIGATION MEASURE -1. The following avoidance measures shall be required to avoid the project's potential effects on migratory and special- status bird species. a. The removal of trees and shrubs shall be minimized to the extent practicable. b. If tree removal, pruning, or grubbing activities are necessary, such activities should be conducted outside of the breeding season (i.e., September 1 and January 31) to avoid impacts to nesting birds. C. If project site clearing and construction activities begin during the breeding season (i.e., February 1 to August 31), preconstruction surveys shall be conducted within the project footprint and a 300 -foot buffer, as feasible, by a qualified biologist no more than two weeks prior to equipment or material staging, pruning /grubbing or surface disturbing activities. If no active nests are detected, no further surveys or monitoring is necessary. d. If active nests (nests with eggs or young birds present) are found, non - disturbance buffers shall be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair's tolerance to disturbance and the type /duration of potential disturbance. No work shall occur within the non- disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size should be determined in cooperation with the California Department of Fish and Game (CDFG) and the United States Fish and Wildlife Service (USFWS), but is typically recognized as 50 feet for songbirds and 300 feet for raptors. If buffers are established and it is determined that project activities are resulting in nest disturbance, work should cease immediately and the Page 4 of 25 CDFG and the USFWS Migratory Bird Permit Office should be contacted for further guidance. 14. *BIOLOGICAL RESOURCES MITIGATION MEASURE -2. The following avoidance measures shall be required to avoid the project's potential effects on special- status bat species. a. The removal of potential roosting habitat including mature trees, snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. should be minimized to the extent practicable. b. Preconstruction surveys shall be conducted to identify if bats are using the existing structures for roosting. If no evidence of roosting is detected, no further avoidance or minimization measures are necessary. If bats are using on -site structures for roosting, CDFG should be contacted for authorization to modify the roosting habitat to discourage bats from roosting within the structures. 15. *BIOLOGICAL RESOURCES MITIGATION MEASURE -3. The applicant shall comply with the Town of Los Gatos Tree Protection Ordinance and a tree removal permit shall be obtained from the Town for the removal of any onsite trees that qualify as a protected tree. Additionally, no new trees on site shall have a trunk diameter of less than 1.5 inches, and protective construction fencing for all trees shall be in place prior to the commencement of any site work. Any trenching within the dripline of existing trees shall be hand dug. 16. *BIOLOGICAL RESOURCES MITIGATION MEASURE -4. The applicant shall implement recommendations made by the Town's Consulting Arborist. Refer to the May 6, 2011, report by Arbor Resources for details. 17. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being removed. The number of trees shall be determined using the canopy replacement table in the Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to final inspection and issuance of occupancy permits. 18. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees in the vicinity of construction, and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two -inch diameter steel posts drive 18 Page 5 of 25 inches into the ground and spaced no further than 10 feet apart. A tree protection fencing plan shall be included with the construction plans. 19. *CULTURAL RESOURCES MITGATION MEASURE -1. In the event that significant paleontological, historic, and /or archaeological remains are uncovered during excavation and /or grading, all work shall stop in the area of the subject property until an appropriate data recovery program can be developed and implemented by a qualified archaeologist. 20. *CULTURAL RESOURCES MITGATION MEASURE -2. If human remains are found during construction activities, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the archeological monitor and the coroner of Santa Clara County are contacted. If it is determined that the remains are Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: (a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; (b) the descendent identified fails to make a recommendation; or (c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Building Division 21. PERMITS REQUIRED. A Building Permit is required for construction of the new building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. Page 6 of 25 22. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue -lined in full on the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the conditions will be addressed. 23, SIZE OF PLANS. Submit four sets of construction plans, maximum size 24" x 36 ". 24, SUITE NUMBERS. Submit requests for new suite numbers to the Building Division prior to submitting for the building permit application process. 25. 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, 26. SHORING. Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right -of -way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to the Cal /OSHA regulations. 27. 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 that the building pad elevation, on -site retaining wall locations, and elevations have been prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining Walls 28. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed with adaptability features for multiple family residences per Town Resolution 1994 -61: Page 7 of 25 a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs located 34- inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32- inches wide on the accessible floor. C. Primary entrance shall a 36 -inch wide door including a 5'x5' level landing, no more than 1/2 -inch out of plane with the immediate interior floor level with an 18- inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired at primary entrance. 29. TITLE 24 ENERGY COMPLIANCE. All required California Title 24 Energy Compliance Forms must be blue -lined on the plans. 30. TITLE 24 ACCESSIBILITY. On -site parking facilities shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, on- site general path of travel accessibility to building entrances from parking facilities and sidewalks. 31. KITCHEN USE. The following agencies shall review the kitchen requirements before issuance of a building permit: a. West Valley Sanitation District (WVSD): (408) 378 -2408 b. Environmental Health Department: (408) 885 -4200 32. 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 the next upstream manhole. 33. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov /building. Page 8 of 25 34. BLUEPRINT FOR CLEAN BAY. The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at www, losgatosca, gov /building. 35. PLANS. The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538), 36. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Suzanne Davis (408) 354 -6875 b. Parks & Public Works Department — Engineering Division: Trang Tu- Nguyen (408) 354 -5236 C. Santa Clara County Fire Department: (408) 378 -4010 d. West Valley Sanitation District: (408) 378 -2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. 37. *AIR QUALITY MITIGATION MEASURE -1. To limit the project's construction- related dust and criteria pollutant emissions, the following BAAQMD - recommended Basic Construction Mitigation Measures shall be included in the project's grading plan, building plans, and contract specifications: a. All active construction areas and exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. Page 9 of 25 e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h. A publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints shall be posted at the site. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 38. *AIR QUALITY MITIGATION MEASURE -2. To limit the project's construction- related dust and criteria pollutant emissions on sensitive receptors in the area, the following applicable BAAQMD- recommended Optional Construction Measures shall be included in the project's grading plan, building plans, and contract specifications. a. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. b. Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of construction areas. c. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph. d. Limit the area subject to excavation, grading and other construction activity at any one time. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 39. *GEOLOGY AND SOILS MITIGATION MEASURE -1. The applicant shall include in the project design all design recommendations included in the Zinn Geology and Butano Page 10 of 25 Geotechnical Engineering, Inc. reports, and the AMEC Geomatrix Consultants, Inc. peer review letter dated August 22, 2011. 40. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE -1. All recommendations listed in the July 18, 2011 Eisenberg, Olivieri & Associates memo shall be implemented. 41. *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE -2. If the proposed project does not receive final discretionary approval by the Town before December 1, 2011, the project will need to comply with the Low Impact Development treatment requirements in the Town's NPDES permit. Media Filter system will not be allowed if the project does not receive final discretionary approval from the Town prior to December 1, 2011. 42, GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and /or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall 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. 43. 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. It is the responsibility of the applicant /developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 44. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work pertaining Page 11 of 25 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. 45. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 46. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction 47. STREET /SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 48. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 49. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit. 50. DESIGN CHANGES. Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 51. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. Page 12 of 25 52. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The 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. 53. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner /applicant to obtain any and all proposed or required easements and /or permissions necessary to perform the grading herein proposed. Proof of agreement /approval is required prior to issuance of any Permit. 54. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage studies shall be submitted to and approved by the Town Engineer: A drainage study of the project including diversions, off -site areas that drain onto and /or through the project, and justification of any diversions; a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. 55. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits the applicant shall: a) Design provisions for surface drainage; and b) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) provide recorded copy of any required easements to the Town. Page 13 of 25 56. TREE REMOVAL, Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit /building permit. 57. 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 58. 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. 59. 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 a pre- construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub - contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 60. 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 Works during the grading permit plan review process. 61, PRIVATE UTILITIES Prior to issuance of any permits, a note is required on the final plans, in a manner that meets the approval of the Town Engineer that states: "The private utilities constructed within this application shall be owned, operated and maintained by the developer, successors or assigns." Page 14 of 25 62. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, and 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. 63. GEOLOGY AND SOILS MITIGATION MEASURE. A geotechnical investigation shall be conducted for the project to determine the surface and sub - surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab -on -grade construction, excavation, drainage, on -site utility trenching and pavement sections. All recommendations of the investigation shall be incorporated into project plans 64. 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. 65. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and /or backfill so they can verify that the actual conditions are as anticipated in the design -level geotechnical report, and recommend appropriate changes in the 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. 66. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 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 Page 15 of 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. 81. 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. 82. WVSD (West Valley Sanitation District). Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Sanitary Sewer Clean -out is required for each property at the property line or location specify by the Town. 83. 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 backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative. 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 in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 84. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs one acre or more which are part of a larger common plan of development which disturbs less than one acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. The applicant shall provide proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering and /or Building Department upon request. Page 19 of 25 85. BEST MANAGEMENT PRACTICES (BMP's), Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and /or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be placed at the end of each working day. 86. STORMWATER DEVELOPMENT RUNOFF. The applicant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through construction, operation and maintenance of treatment measures, and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements 87. SITE DESIGN MEASURES. The project shall incorporate the following measures to the maximum extent practicable: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. C. Direct roof downspouts to vegetated areas where feasible. d. Use permeable pavement surfaces where feasible. e. Use landscaping to treat stormwater. 88. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Department 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 be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended Page 20 of 25 provisions C.3 and C.14 of most current Santa Clara County NPDES MRP Permit. Monitoring for erosion and sediment control is required and shall be performed by the QSD or QSP as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and /or Numeric Effluent Levels. A Rain Event Action Plan is required when there is a 50% or greater forecast of rain within the 48 hours, by the National Weather Service or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http: / /www.srh.noaa.gov /forecast) and must accompany monitoring reports and sampling test data. A Rain gauge is required on site. The Town of Los Gatos Engineering and Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. 89. 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 three 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 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. Page 21 of 25 90. CONSTRUCTION ACTIVITIES. All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 91. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled /signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. On -site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10' minimum from adjacent property line and /or right of way. 92. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2- 2009 -074. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre - qualified by the Town. In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building /Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 93. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner's shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement will specify that certain Page 22 of 25 routine maintenance shall be performed by the property owner* homeowner's association and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 94. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 95. 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. 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. 96. UTILITY SETBACKS. Building foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the building foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 97, AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinklers is required for all new and modified buildings larger than 3,600 square feet. A State of California licensed (C -16) fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval, prior to beginning work. Page 23 of 25 98. PUBLIC FIRE HYDRANTS. New fire hydrant locations shall approved by the Fire Department. Plans shall show locations of all existing and proposed hydrants both on and directly adjacent to the property. 99. ON -SITE PRIVATE FIRE SERVICE MAINS AND /OR HYDRANTS. Installation of private fire service mains and /or fire hydrants shall conform to National Fire Protection Association (NFPA) Standard #24, and Fire Department Standard Detail and Specification W -2. If the supply piping is combined (sprinkler system and hydrants), a U.L. listed approved four -way FDC shall be provided. A separate installation permit from the Fire Department is required. 100. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. 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 Specification sheets A -1. Cul -de -sac diameters shall be no less than 72 feet. This must be provided for the new building on the south access road. 101. FIRE LANE MARKING. Provide marking for all roadways within the project per Fire Department specifications. Installations shall also conform to Local Government Standards and Fire Department Specifications A -6. 102, PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. Page 24 of 25 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 7, 2011, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on November 21, 2011 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, and Mayor Joe Pirzynski NAYS: ABSENT: ABSTAIN: SIGNED: � M OR OF OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST:,.,U WA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Page 25 of 25 VA Ln*0 -- 8800 lo" som ill -R0 d ?' TOWN OF LOS GATOS Application No. PD -11 -001 A.P.N. # 523-05-001 Change of zoning map amending the Town Zoning Ordinance. ® Zone Change From: RM:12 -20:PD to RM:12 -20:PD ❑ Prezonin Forwarded by Planning Commission Date: September 28, 2011 Approved by Town Council Date: November 21, 2011 Ord: 2205 Clerk Administrator Mayo uz "