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2010051702 - Adopt Ordinance for property located at 517 and 615 Blossom Hill Road and Placer Oaks RoadtowN of MEETING DATE: 5/17/2010 == ~ ITEM NO: !ps GASES COUNCIL AGENDA REPORT DATE: May 13, 2010 TO: MAYOR AND TOWN COUNCIL FROM: MICHAEL D. MARTELLO, INTERIM TOWN ATTORNEY SUBJECT: ADOPT AN ORDINANCE OF THE TOWN OF LOS GATOS EFFECTING A ZONE CHANGE FROM RM:S-12:PD TO R-1:8, TO CONSTRUCT TEN SINGLE FAMILY HOUSES FOR PROPERTY LOCATED AT: 517 AND 615 BLOSSOM HILL ROAD AND PLACER OAKS ROAD (APNS 529-16-073, 529-14-012, AND 067) RECOMMENDATION: Adopt AN ORDINANCE OF THE TOWN OF LOS GATOS EFFECTING A ZONE CHANGE FROM RM:S-12:PD TO R-1:8, TO CONSTRUCT TEN SINGLE GAMILY HOUSES FOR PROPERTY LOCATED AT: 517 AND 615 BLOSSOM HILL ROAD AND PLACER OAKS ROAD (APNS 529- 16-073, 529-14-012, AND 067). DISCUSSION: On May 3, 2010, Town Council considered approval of a planned development to change the zone on Placer Oaks Road from RM:S-12:PD to R-1:8:PD to construct ten single family houses, as shown on the attached map, which is attached hereto and marked Exhibit A, as part of the proposed Ordinance. Town Council voted unanimously in favor of this zone change, which rescinded Ordinances #2081 and 2122. Adoption of the attached ordinance would finalize that decision. PREPARED BY: MICIIAEL D. MARTELLO, INTERIM TOWN ATTORNEY N:1ATY\Resos & Ords\OrdinancesV'lacer Oaks.doc. Reviewed by: wn Manager Assistant Town Manager Clerk Administrator Finance Community Development 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. 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. ConsU•uction permits shall only be in a manner 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: z 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. 3 4. BACKUP. A minimum garage backup distance of 25 feet shall be provided for Lots 4, 7 and 10. 5. 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. 6. OFF-SITE LANDSCAPE SCREEN. The applicant shall work with the property owner at 16996 Frank Avenue (APN 529-14-033), to construct a landscape screen on the Frank 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. 7. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 8. ADDITIONAL TREE MITIGATION. The applicant shall mitigate the Oak U~ee removed to accommodate the roadway realignment at the Placer Oaks Road frontage pursuant to Town Code requirements. 9. TENTATIVE MAP. The Development Review Committee may be the deciding body of the tentative map. 10. 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. 11. 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. 4 12. WALKWAY: The applicant shall consider the possibility of installing the walkway at grade during the Architecture and Site approval process. 13. 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 the 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. 14. FENCING. All proposed fencing for the development shall be reviewed during the Architecture and Site approval process. 15. *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 planned 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. 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 5 the survey to prevent "take" of individual birds that may have begun nesting after the survey. 16. *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. 17. 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. 18. TREE PROTECTION MEASURES. Prior to issuance of a building permit, the Town's Consulting Arborist shall review the building permit plans, at the developer's cost, to ensure all of the required tree protection measures have been implemented in the construction plans. 6 19. 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. 20. *ARCHAEOLOGICAL: In the event that archaeological paces are encountered, all construction within a 50-meter radius of the find will be halted, the Conununity Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. 21. *NATIVE AMERICAN REMAINS: If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or hot 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 descendarits of the deceased Native Americans. 22. *FINAL ARCHAEOLOGICAL REPORT: A final report shall be prepared at the applicant's cost when a find is determined to be a significant archaeological site and/or when Native American remains are found on the site. The final report shall 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. 23. *ARCHAEOLOGICAL FIND: If the Community Development Directm~. finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying 7 descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program 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. 24. 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. 25. BMP iJNIT. The developer shall work with Town staff during the Architecture and Site approval process to make the required an~angements 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. 26. 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. 27. FINISH OF BMP UNIT. The internal finish of the BMP unit shall be identical to that of the market rate units in the project, except that the developer may request s Town approval of substitutions for luxury interior finishes, appliances and fixtures. 28. 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 the units. (Building Division) 29. *NOISE: The project shall be required to include a noise wall along the project boundary that is contiguous to the Highway 17 freeway with the height specifications as recommended in the detailed noise study prepared by Pack. To conrirol 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. 9 30. 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. 31. 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. 32. CONDITIONS OF APPROVAL: The Conditions of Approval rnust be blue-lined in full on the cover sheet of the constructioh plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 33. SIZE OF PLANS: For sets of constniction plans, maximum size 24" x 36." 34. 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. 35. 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 36. FOiJNDATION 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 37. 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 batlrroom 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 ofplane 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. 38. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R, MF-1R, and WS-SR must be blue-lined on the plans. 39. 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. 40. 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. 41. 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. 42. 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.losgatosca.gov/building 12 43. 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. 44. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 45. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: e. Community Development -Planning Division: Sandy Baily at 354-6873 f. Engineering/Parks & Public Works 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) 46. 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 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. 47. 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 7uly 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 7uly 7, 2008 AMEC Review. This analysis shall be completed and provided to the Town Engineering Department prior to any permits. 48. 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. 14 49. 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 Times during construction. 50. 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. 51. PATHWAY RAILINGS. All private and public pathways with adjacent downhill walls or slopes greater than 3:1 shall have protective railings. 52. 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 53. 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 reconunendations 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. 54. 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. 55. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct public improvements in accordance with Town Code §24.40.020. 56. 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 Parks and Public Works Department. 57. 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. 58. 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. 59. 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 fve (5) feet wide, private road along lot frontages. b. Ingress-egress, storm drainage and sanitary sewer easements, as required. c. Emergency Access Easement. Twenty (20) feet wide, from the end of the private road to Placer Oaks Road. 60. 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. 61. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 62. 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 perrnit. 63. 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. 64. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 65. 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. 18 a. Placer Oaks Road. Curb, gutter, sidewalk, street lights, tie-in paving, signing, striping, storm drainage and sanitary sewers, as required. 66. 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. 67. 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. 68. 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. 69. INTERSECTION IMPACT FEES. The developer shall pay a fair share toward the futru~e intersection improvement at Lark Avenue/Los Gatos Boulevard. The fee amount is estimated at $942.00. 70. COMMUNITY BENEFIT. Community benefit is required to mitigate traffic impact. 19 71. 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. 72. 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. 73. TRAFFIC CALMING. The developer shall re-stripe and re-sign the existing traffc calming devices in the Chirco/Placer Oaks neighborhood as directed by the Town Engineer. 74. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 75. 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. 20 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. 76. 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. 77. 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. 78. 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 79. 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 shall delineate source control measures and 21 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 Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 80. 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 the 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 wi11 also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 81. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parlcs & 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 zz be carried out during conshuction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit. 82. 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 conshuction 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 23 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. 83. 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. 84. 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). 85. SITE DRAINAGE. Rainwater leaders shall be piped through curb drains. 86. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt hacked 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. 87. 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 connection 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. za 88. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs; 'gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings; etc, shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 89. 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 conshuction phase of the project. 90. 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. 25 91. DRIVEWAY APPROACH. The developer shall install 22 foot Town standard residential driveway approaches. The new driveway approaches shall be constructed per Town Standard Details. 92. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 93. 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) Swirnming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 94. 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. 95. 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 26 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 functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 96. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (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. 97. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times dining 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. 27 98. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. 99. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or evening peak 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 far 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. 100. CC&R's. CC&R's shall be reviewed and approved by the Town Attorney, Community Development Department, and Parks 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. 101. *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. 102. 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. za TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: . 103. REQUIRED FIRE FLOW. Required fire flow fm~ this project is 1,750 GPM at 20 psi. residual pressure. 104. 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 sprinkler system supply valuing shall be installed per Fire Department Standard Detail & Specification W-1/SP-6. ] O5. 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. 106. 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 withheld until required installations are completed, tested and accepted. 29 107. 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. 108. 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. 109. ROADWAY TURNAROUND. The developer shall provide an approved fire deparhnent 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. 110. 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 maybe approved on a case by case basis. 111. 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 THE SATISFACTION OF THE TOWN ATTORNEY 112. 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. 113. 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 31 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: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS' GATOS, CALIFORNIA N:\DEV\ORDS\placeroaks.l , doc MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 32 Dpen Space Density / ~ 'PLACER ®AKS R®~® -" g. OSSOM HALL J Pu6/rc ~) / /j' High DensityResidenti F L® Application No. PD-07-142 A.P:N. #529-16-073 529-14-012, 067 " Change of zoning map amending the Town Zoning Ordinance ~X Zone Change From: RM :5-12:PD To: R-1:8:PD Prezonirig Forwarded by Planning Commission uate: 3/IO/io Approved by Town Council Date: Ord: Clerk Administrator Mayor E%HIBIT A