Attachment 12BA&SEXHIBIT B
TOWN COUNCIL – August 1, 2017
CONDITIONS OF APPROVAL FOR ARCHITECTURE AND SITE
North Forty Phase 1
Architecture and Site Application S-13-090
Vesting Tentative Map M-13-014
Requesting approval for the construction of a new multi -use, multi-story development
consisting of 320 residential units, which will include 50 affordable senior units;
approximately 66,000 square feet of commercial floor area, which will include a market
hall; on-site and off-site improvements; and a vesting tentative map. APNs: 424-07-024
through 027, 031 through 037, 070, 083 through 086, 090, and 100.
PROPERTY OWNERS: Yuki Farms, ETPH LP, Grosvenor USA Limited, Summerhill
North 40 LLC, Elizabeth K. Dodson, AND William Hirshman.
APPLICANT: Grosvenor USA Limited
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operations shall be approved by
the Community Development Director, DRC or the Planning Commission depending on
the scope of the changes.
2. EXPIRATION OF APPROVAL: The Architecture and Site application will expire two years
from the date of approval unless the approval is used before expiration. Section
29.20.335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
3. OPEN SPACE: The required open space shall be maintained in accordance with the
requirements of the North 40 Specific Plan.
4. DEMOLITION: The demolition of the existing structures shall occur prior to recordation
of the final map.
5. SETBACK EXCEPTIONS: Each unit will be required to show compliance with the setback
exceptions permitted by the Specific Plan prior to issuance of building permits.
6. BMP UNITS: BMP applicants shall be qualified by the Santa Clara Housing Authority. The
affordable units shall be required to be maintained for the term required under State
Density Bonus law or for the life of the buildings, whichever is longer. The developer
shall enter into an Affordable Housing agreement with the Town prior to issuance of
building permits. The proposed BMP units must be available and/or occupied prior to
final occupancy issuance for the 200th market rate unit.
7. DEED RESTRICTION: Prior to issuance of a building permit for market hall, a deed
restriction shall be recorded by the applicant with the Santa Clara County Recorder’s
office, stating that the required BMP units be maintained pursuant to the Town’s BMP
regulations and the Affordable Housing Agreement with the Town.
8. OUTDOOR LIGHTING: Outdoor lighting shall comply with Town Code and Building Code
regulations.
9. RESIDENTIAL SQUARE FOOTAGE: The internal layout for the residential units may
change, but the square footage and number of bedrooms must remain consistent with
the approved Development Plans. No additional square footage shall be permitted for
the residential uses. Language within the CC&Rs shall notify homeowners of this
restriction.
10. TANDEM GARAGES: Tandem garages are permitted for the required parking within the
residential units. Tandem garages shall maintain a minimum interior clearance of 11
feet by 38 feet.
11. COMMERCIAL DISPLAY WINDOWS: Display windows must be periodically cleaned,
maintained and changed. Display glass shall not be blacked-out or obscured in any way
by any materials(s) or objects(s) affixed in any manner to the outside or inside surfaces
of the glass, with the exception of the tenant’s st andard vinyl safety window logos and
flyers for nonprofit organizations.
12. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained prior to the issuance
of a Building, Grading or Encroachment Permit. Canopy replacement for the trees
removed will be based on Town Code requirements.
13. RECYCLING: All wood, metal, glass, and aluminum materials generated from the
demolished structures shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
14. SOLAR: The market rate units shall be pre-wired and structurally adapted for future
solar installation by homeowners.
15. NOISE: The applicant shall comply with all recommendations provided by Charles M.
Salter within the report dated January 20, 2016. The letter and/or recommendations
shall be printed on the building permit plan set for all affected buildings.
16. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
17. IRRIGATION: All newly planted landscaping shall be irrigated by an in-ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing
native trees and shrubs.
18. WATER EFFICIENCY: This project is subject to the Town's Water Efficient Landscape
Ordinance (WELO), Chapter 26, and Article IV of the Town Code. WELO review and
compliance is required prior to issuance of building permits.
19. PROTECTIVE FENCING: Prior to any equipment arriving on site and prior to construction
or building permits being issued, the applicant shall meet with the Town’s Consulting
Arborist, at the applicant’s expense, concerning the need for protective fencing around
the existing trees and other required tree protection measures identified in this
ordinance. Such fencing is to be installed prior to, and be maintained during,
construction. The fencing shall be a five foot high chain link attached to steel poles
driven at least 18 inches into the ground when at the dripline of the tree. If the fence
has to be within eight feet of the trunk of the tree, a fence base may be used, as in a
typical chain link fence that is rented.
20. SIGNAGE: All proposed signage shall be in conformance with the North 40 Specific Plan
(Section 3-5).
21. COMMERCIAL SIGN PROGRAM: A sign program shall be required for the commercial
development and shall be reviewed prior to issuance of any sign permits.
22. PARKING GARAGE GATE(S): Prior to issuance of a building permit for the multi-story
parking garage, the applicant shall retain a parking consultant and coordinate with the
Los Gatos Monte Sereno Police Department regarding number and location of gated
access points to the parking garage.
23. CC&R’s: CC&R APPROVAL shall be reviewed and approved by the Town Attorney,
Community Development Department, and Parks and Public Works Engineering
Department prior to issuance of building permits. The CC&R’s shall include language on
the following items:
a. Use of residential garages
b. Restriction on additional floor area for the residential units
24. CC&R’s RECORDATION: CC&R’s shall be recorded and a copy of the recorded copy shall
be provided to the Town Engineering Department and Community Development
Department prior to issuance of final occupancy.
25. MITIGATION MONITORING AND REPORTING PLAN: The applicant shall comply with all
relevant mitigation measures included in the adopted mitigation monitoring and
reporting plan prepared with the certified EIR.
Building Division
26. PERMITS REQUIRED: A separate Building Permit shall be required for each new
commercial building and a separate Building Permit for residential building. Separate
permits are required for electrical, mechanical, and plumbing work as necessary.
27. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
second sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
28. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum size
30” x 42”.
29. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management District Application from the Building
Department Service Counter for each building to be demolished. Once the demolition
form has been completed, all signatures obtained, and written verification from PG&E
that all utilities have been disconnected, return the completed from to the Building
Department Service Counter with the Air District’s J# Certificate, PG&E verification, and
three (3) sets of site plans to include all existing structures, existing utility service lines,
such as water, sewer, and PG&E. Also prior to issuance of the Demolition Permit,
provide clearance from the Santa Clara County Fire Department – HAZMAT Division
regarding the abatement of hazardous materials issues. Contact HAZMAT
Administration, Kristie Duncan. Michael Benjamin is the HAZMAT Inspector for the
Town of Los Gatos. No demolition work shall be done without first obtaining a permit
from the Town.
30. 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.
31. 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 elevations and on -site retaining
wall locations and elevations have been prepared according to the 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
32. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue-lined (sticky-backed) onto a sheet of the plans.
33. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valves 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.
34. 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, 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.
35. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Cla ra
County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet
24x36) shall be part of the plan submittal as the second or third page. The specification
sheet is available at the Building Division Service Counter for a fee of $2 or at ARC Blue
Print for a fee.
36. STREET NAMES AND BUILDING ADDRESSES: Submit requests for new street names and
building addresses to the Building Division prior to submitting for the Building Permit
process. Forms are available at the Building Division service counter.
37. 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.
38. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance or gas appliance with no wood burning components per Town
Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
39. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division
b. Engineering/Parks & Public Works Department
c. Santa Clara County Fire Department
d. West Valley Sanitation District
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f. Bay Area Air Quality Management District
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
40. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. 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 an encroachment 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 penalties and/or the Town performing the required maintenance at the Developer's
expense.
41. APPROVAL: This application shall be completed in accordance with all the conditions of
approvals listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
42. PRIOR APPROVALS: All conditions per prior approvals (including Ordinance 2242, Zoning
Code Amendment Z-14-001, etc.) shall be deemed in full force and affect for this
approval.
43. COMPLIANCE WITH NORTH 40 SPECIFIC PLAN: The project shall meet the items and
specifications as provided in the North 40 Specific Plan.
44. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use
or occupancy of any non-residential condominium space, the buyer or the new or
existing occupant shall apply to the Community Development Department and obtain
approval for use determination and building permit and obtain inspection approval for
any necessary work to establish the use and/or occupancy consistent with that
intended.
45. 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:
a. Pacific Gas & Electric (PG&E) b. AT&T
c. Comcast d. Santa Clara County Water District
e. San Jose Water Company f. California Department of Transportation
Copies of any approvals or permits must be submitted to the Town Engineering Division
of the Parks and Public Works Department prior to releasing any permit.
46. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT):
The property owner(s) shall enter into an agreement with the Town of Los Gatos for all
existing and proposed private improvements within the Town’s right-of-way. The
Owner(s) shall be solely responsible for maintaining the improvements in a good and
safe condition at all times and shall indemnify the Town of Los Gatos. The agreement
must be completed and accepted by the Town Attorney, and a copy of the recorded
agreement shall be submitted to the Engineering Division of the Parks and Public Works
Department, prior to the issuance of any permits.
47. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
the Town on a yearly basis until closure of all permits. In addition to general coverage,
the policy must cover all elements encroaching into the Town’s right-of-way.
48. PUBLIC WORKS INSPECTIONS: The Developer or their representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work
pertaining to:
a. On-site drainage facilities
b. Grading or paving.
c. All work in the Town's right-of-way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
49. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed
because of the Developer's operations. Said existing improvements include, but are not
limited to:
a. Curbs b. Gutters
c. Sidewalks d. Driveways
e. Signs f. Pavements
g. Raised pavement markers h. Thermoplastic pavement markings, etc.
and shall be repaired and replaced to a condition equal to or better than the original
condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any
concrete identified that is displaying a stamp or equal shall be removed and replace d at
the Contractor’s sole expense and no additional compensation shall be allowed
therefore. Existing improvement(s) to be repaired or replaced shall be at the direction
of the Engineering Construction Inspector, and shall comply with all Title 24 Disabl ed
Access provisions. The Developer shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
50. SITE SUPERVISION: The General Contractor shall provide qualified supervision on th e job
site at all times during construction.
51. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and/or 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.
52. PLAN CHECK FEES: Plan check fees shall be deposited with the Town of Los Gatos prior
to plan review at the Engineering Division of the Parks and Public Works Department.
53. INSPECTION FEES: Inspection fees shall be deposited with the Town of Los Gatos prior to
issuance of any Permit or recordation of the Final Map.
54. PUBLIC WORKS INSPECTOR: The Applicant shall fund a full time public works inspector,
selected by the Town of Los Gatos, for the duration of the demolition, grading
operations and construction of off-site improvements. The Applicant will be charged on
a time and materials basis. A deposit for the full amount to be estimated by the Town
based on the Contractor’s approved schedule shall be paid prior to issuance of the
demolition permit.
55. ON-SITE TRAILER: Prior to the commencement of any construction activity, the
Applicant shall enter into an agreement with the Town of Los Gatos, to the satisfaction
of the Town, and provide the Town with sufficient on-site trailer space for the public
works inspector and members of Staff of the Town of Los Gatos.
56. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town of Los Gatos prior to performing altered. The Applicant’s project
engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in
advance of all the proposed changes. Any approved changes shall be incorporated into
the final “as-built” plans.
57. PARKING: Any proposed parking restriction must be approved by the Town of Los Gatos,
Community Development Department.
58. EMPLOYEE PARKING: Employees shall be encouraged to carpool or take alternative
transportation modes; however, businesses shall not prohibit employee parking on-site.
59. 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.
60. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading permit application (with grading plans) shall be made
to the Engineering Division of the Parks and Public Works Department located at 41
Miles Avenue. The grading plans shall include:
a. Final grading b. Drainage
c. Retaining wall location(s) d. Driveway(s)
e. Utilities f. Interim erosion control
Grading plans shall list earthwork quantities and a table of existing and proposed
(created and replaced) 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 at 110 E. Main Street is needed for
grading within the building footprint.
61. GRADING/EARTHWORK QUANTITIES: Prior to the issuance of a grading permit, a table of
earthwork quantities shall be provided with identification of individual areas of cut and
fill, classified by site element (structures, roadway, landscape, etc.).
62. GRADING ACTIVITY SEQUENCING: On-site grading activity may be done concurrently
with the off-site public improvements. The removal of any necessary off-haul material is
expressly prohibited, as the material shall be stockpiled and remain on-site until the
public improvements have been completed.
63. DRIVEWAY: The driveway conform to the pavement on Los Gatos Boulevard at the east -
west roadway through the area labeled as Parcel Q shall be constructed in a manner
such that the existing drainage patterns will not be obstructed.
64. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the sole
responsibility of the Developer/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 the issuance of any Permit.
65. 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. A drainage study of the project including diversions, off -site areas that drain onto
and/or through the project, and justification of any diversions.
b. A drainage study evidencing that the proposed drainage patterns will not overload
the existing storm drain facilities.
c. 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.
66. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps
for financing and conveyance purposes only), or prior to the issuance of any
grading/improvement permits, whichever comes first, the Applicant shall:
a. Design provisions for surface drainage.
b. Design all necessary storm drain facilities extending to a satisfactory point of
disposal for the proper control and disposal of storm runoff.
c. Provide a recorded copy of any required easement(s) to the Town.
67. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
68. 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.
69. 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.
70. 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 as well prior to commencing any work and that a copy of the
project conditions of approval will be posted on site at all times during construction.
71. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Top and bottom of wall elevations at the
endpoints, angle points and any critical points of all proposed retaining walls shall be
provided. Walls are not reviewed or approved by the Engineering Division of Parks and
Public Works during the grading permit plan review process.
72. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a
grading or building permit, structural details for the proposed retaining walls located
immediately adjacent to or in the immediate vicinity of existing buildings on adjoining
lots shall be submitted confirming that said walls will not negatively affect the structural
integrity of these buildings.
73. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
74. 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:
a. Foundations b. Retaining walls
c. Concrete on-slab construction d. Excavation
e. Drainage f. On-site utility trenching
g. Pavement sections
All recommendations of the investigation shall be incorporated into project plans.
75. SOILS REVIEW: Prior to issuance of any permit, the Applicant’s engineers shall prepare
and submit a design-level geotechnical/geological investigation for review and approval
by the Town of Los Gatos. The Applicant’s soils engineer shall review the final grading
and drainage plans to ensure that designs for:
a. Foundations b. Retaining walls
c. Site grading d. Site drainage
are in accordance with their recommendations and the peer review comments.
Approval of the Applicant’s soils engineer shall then be conveyed to the Town either by
letter or by signing the plans.
76. 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 shall be documented in an “as-built” letter/report prepared by
the Applicant’s soils engineer and submitted to the Town of Los Gatos before final
release of any occupancy permit is granted.
77. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Preliminary Geotechnical Investigation by Treadwell
& Rollo Environmental & Geotechnical Consultants dated January 18, 2010, and any
subsequently required report or addendum. Subsequent reports or addendum are
subject to peer review by the Town’s consultant, and all costs shall be borne by the
Applicant.
78. IMPROVEMENTS AGREEMENT: The Applicant shall enter into an agreement to construct
public improvements that are part of the development in a form acceptable to the Town
in the amount of 100% (performance) and 100% (labor and materials) prior to issuance
of any permit. The Applicant shall provide two (2) copies of documents verifying the
cost of the public improvements to the satisfaction of the Engineering Division of the
Parks and Public Works Department. A copy of the recorded agreement shall be
submitted to the Engineering Division of the Parks and Public Works Department prior
to the issuance of any permit.
79. JOINT TRENCH PLANS: The joint trench plans shall include street and/or site lighting and
associated photometrics. A letter shall be provided by 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.
80. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit. Plans shall include the proposed
connection to the existing Montevina Pipe at San Jose Water Company’s 7-Mile Station,
Pressure Regulator facility, and all proposed improvements for both transmission and
distribution facilities. Details and relevant information for the proposed Pressure
Regulator facility (i.e. sizing/dimensions, criteria, schematics/pictures, etc.) shall be
submitted to the Town Engineer for approval prior to construction.
81. 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 of Los Gatos, 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.
a. Los Gatos Boulevard:
i. Provide new curb, gutter, and sidewalk with landscaped planting strip, street
lights, signing, striping, new traffic signals or traffic signal modifications and
storm drainage along the Phase 1 frontages as directed by the Town Engineer.
All improvements shall be constructed per Town Standard Details.
ii. The existing street section of Los Gatos Boulevard from Lark Avenue to Burton
Road shall be removed and a traffic-appropriate engineered structural pavement
section for the full-width shall be constructed and subsequently re-striped, as
directed by the Town Engineer. Final grind and overlay shall not be completed
until all on-site construction has been completed.
iii. A multi-use path shall be installed along the project’s Phase 1 Los Gatos
Boulevard frontage, as directed by the Town Engineer.
iv. Center median islands for prohibiting left turn movements from northbound and
southbound Los Gatos Boulevard shall be installed, except at Neighborhood
Street, between Lark Avenue and the northern limits of Phase 1.
b. Lark Avenue:
i. Provide new curb, gutter, and sidewalk with landscaped planting strip, street
lights, signing, striping, new traffic signals or traffic signal modifications, and
storm drainage along the northern side of Lark Avenue from the California State
Route 17 northbound on-ramp to Los Gatos Boulevard as directed by the Town
Engineer. All improvements shall be constructed per Town of Los Gatos
Standard Details.
ii. A multi-use path shall be installed along the north side of Lark Avenue from Los
Gatos Boulevard to the California State Route 17 northbound ramps.
iii. The existing street section of Lark Avenue from the California State Route 17
northbound on-ramp to Los Gatos Boulevard shall be removed and a traffic-
appropriate engineered structural pavement section for the full-width shall be
constructed and subsequently re-striped, as directed by the Town Engineer.
Final grind and overlay shall not be completed until all on-site construction has
been completed.
82. OFF-SITE IMPROVEMENTS: Final off-site improvements are required to meet all
conditions of approval and comply with the Initial Study, in addition to meeting the
Specific Plan requirements. The off-site improvements currently shown on the Vesting
Tentative Map are conceptual in nature and included as reference.
83. FRONTAGE IMPROVEMENTS: The Applicant shall be required to improve the project’s
public frontages to the current Town of Los Gatos Standards. These improvements may
include, but are not limited to:
a. Curb b. Gutter
c. Sidewalk d. Driveway approach(es)
e. Curb ramp(s) f. Street lighting (upgrade and/or repaint)
g. Traffic signal(s)
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
84. FRONTAGE IMPROVEMENTS (INTERSECTION OF LARK AVENUE AND LOS GATOS
BOULEVARD): The Applicant shall upgrade the existing traffic signal to current Town of
Los Gatos standards. These improvements include, but may not be limited to:
a. signal controller cabinet assembly
b. signal service pedestal
c. update of non-LED signal indication to LEDs
d. LED safety lights
e. update of non-ADA compliant pedestrian pushbuttons to ADA compliance
f. eight (8) inch signal heads to twelve (12) inch
g. installation of pedestrian count down signals where non-pedestrian count down
signals are currently located
h. fire preemption
i. video detection system
j. signal interconnection
k. fiber optic connection
l. communication modem and switches
as directed by the Town Engineer. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
85. PLAN REVIEW FEES: Plan reviews will be provided by a third-party consultant hired by
the Town of Los Gatos and paid for by the Applicant.
86. EMERGENCY VEHICLE CROSSING ON LARK AVENUE: The Applicant shall be required to
install a median island within Lark Avenue at the intersection with Highland Oaks Drive
that provides an access crossing only for emergency vehicles.
87. LARK AVENUE BIKE LANES: In addition to the development’s Lark Avenue frontage, the
Applicant shall install bike lanes on westbound and eastbound Lark Avenue, extending
west of the project to the connection point with the Los Gatos Creek Trail. The Lark
Avenue roadway along this section shall be slurry sealed prior to final striping. The
improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
88. GREEN BICYCLE FACILITIES: The Applicant shall install green bike lanes and bike boxes in
all directions of improved streets and intersect ions as directed by the Town Engineer.
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
89. MULTI-MODAL PATH: The Applicant shall construct and install a multi-use path system
that complies with the direction provided by Town Council at a Special Meeting
conducted on June 17, 2015. During said meeting, a motion passed unanimously stating
“All projects for development shall include multi-modal paths, physically separated from
vehicle roadways running from north to south and providing connectivity to perimeter
paths at both the north and south ends.” Said paths shall:
a) Extend through the development and along the project frontage.
b) Connect to northern and southern ends of the development.
c) Connect the intersections of:
i. Lark Avenue and the northbound California State Route 17 on-ramps.
ii. Lark Avenue and Los Gatos Boulevard.
iii. Neighborhood Street and Los Gatos Boulevard.
Connections to the above-listed intersections shall be constructed with enhanced
amenities, such as textured pavement and adequate waiting areas for pedestrians and
bicyclists, to encourage use of the multi-use path. The multi-use path shall be placed
within a ten (10) foot easement along Lark Avenue. The multi-use path shall be placed
behind the roadway curb along Los Gatos Boulevard and extend into a multi-use path
easement. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
90. ROADWAY AND MULTI-USE PATH IMPROVEMENT PLANS: Plans shall be prepared by
Applicant’s design consultants registered in Civil and Traffic Engineering practice. The
multi-use path system, including on-site and off-site paths as well as access connection
to roadways and intersections shall be prepared by engineers with expertise in the
design of multi-use paths. Plans shall be submitted to the Town Engineer for approval
prior to building permit.
91. ADA COMPLIANCE: The Applicant shall be required to meet all ADA standards, wh ich
must be completed and accepted by the Town of Los Gatos before a Certificate of
Occupancy for any new building can be issued. This may require additional construction
measures as directed by the Town.
92. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town of Los Gatos Code Section 27.50.015(b). All new
utility services shall be placed underground. Underground conduit shall be provided for
cable television service. The Applicant is required to obtain approval of all proposed
utility alignments from any and all utility service providers before a Certificate of
Occupancy for any new building can be issued. The Town of Los Gatos does not approve
or imply approval for final alignment or design of these facilities.
93. UTILITY SETBACKS: Building foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without underm ining 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.
94. UTILITY EASEMENTS: Deed restrictions shall be placed on lots con taining utility
easements. The deed restrictions shall specify that no trees, fences, structures or
hardscape are allowed within the easement boundaries, and that maintenance access
must be provided. The Town will prepare the deed language and the Applicant's
surveyor shall prepare the legal description and plat. The Applicant shall pay any
recordation costs.
95. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and
associated agreements shall be recorded simultaneously with the final map. A copy of
the recorded agreement(s) shall be submitted to the Engineering Division of the Parks
and Public Works Department prior to the issuance of any permit.
96. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed
subject to the following requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used.
c. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift
shall be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of
three-quarter (¾) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the slurry seal shall
extend the full width of the street and shall extend five (5) feet beyond the
longitudinal limits of trenching. Slurry seal materials shall be approved by the Town
Engineering Construction Inspector prior to placement. Black sand may be required
in the slurry mix. All existing striping and pavement markings shall be replaced upon
completion of slurry seal operations. All pavement restorations shall be completed
and approved by the Inspector before occupancy.
97. SIDEWALK REPAIR: The Developer shall repair and replace to existing Town of Los Gatos
standards any sidewalk damaged now or during construction of this project. All new
and existing adjacent infrastructures shall meet current ADA standards. Sidewalk repair
shall match existing color, texture and design, and shall be constructed per Town
Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any
concrete identified that is displaying a stamp or equal shall be removed and replaced at
the Contractor’s sole expense and no additional compensation shall be allowed
therefore. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued.
98. CURB AND GUTTER REPAIR: The Developer shall repair and replace to existing Town of
Los Gatos standards any curb and gutter damaged now or during construction of this
project. All new and existing adjacent infrastructures shall meet Town standards. New
curb and gutter shall be constructed per Town Standard Details. New concrete shall be
free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a
stamp or equal shall be removed and replaced at the Contractor’s sole expense and no
additional compensation shall be allowed therefore. The limits of curb and gutter repair
will be determined by the Engineering Construction Inspector during the construction
phase of the project. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
99. DRIVEWAY APPROACH: The developer shall install one (1) Town of Los Gatos standard
commercial driveway approach. The new driveway approach shall be constructed per
Town Standard Plans and must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued. New concrete shall be free
of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp
or equal shall be removed and replaced at the Contractor’s sole expense and no
additional compensation shall be allowed therefore.
100. CURB RAMPS: The developer shall construct all curb ramps in compliance with ADA
Standards which must be completed and accepted by the Town of Los Gatos before a
Certificate of Occupancy for any new building can be issued. New concrete shall be free
of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp
or equal shall be removed and replaced at the Contracto r’s sole expense and no
additional compensation shall be allowed therefore.
101. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town of Los Gatos Code Section §23.10.080.
102. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including, but
not limiting to, monument signs, fences, trees and hedges, shall abide by Town of Los
Gatos Code Sections 23.10.080, 26.10.065, 29.40.030.
103. FENCES: Fences between all adjacent parcels shall be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor’s property
shall be removed and replaced to the correct location of the boundary lines before a
Certificate of Occupancy for any new building can be issued. Waiver of this conditio n
requires signed and notarized letters from all affected neighbors.
104. SOUND WALL: The location of the sound wall is dependent on the off-site
improvements, such as the future curb, sidewalk, and multi-use path. The sound wall
location proposed in the Vesting Tentative Map will be finalized prior to recordation of
the Final Map.
105. CIRCULATION AND INFRASTUCTURE PHASING PLAN: Prior to the issuance of any
permits, the Applicant shall prepare and provide a detailed Circulation and
Infrastructure Phasing Plan that illustrates the intended sequencing of the construction
and installation of proposed on- and off-site utilities, public and private improvements,
site access and buildings. At the discretion of the Town of Los Gatos, construction hours
may be reduced and night construction hours encouraged for off-site activities to
reduce traffic impacts. This shall be approved by the Town prior to the commencement
of any construction work or related activity.
106. ENHANCEMENT OF EXISTING BUS STOP: The Developer is required to coordinate with
the Santa Clara Valley Transportation Authority (VTA), plan for, and provide an
enhanced bus stop at the location of the existing stop along southbound Los Gatos
Boulevard between Neighborhood Street and Bennett Way. The improvements shall be
in compliance with VTA standards and must be completed and accepted by the Town of
Los Gatos before a Certificate of Occupancy for any new building can be issued.
107. STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Applicant shall pay a fee in
the amount $15,000 for the Town’s inspection of street lights and traffic signal related
work installed by the Applicant. The fees shall be due at time of building permit
application.
108. TRAFFIC IMPACT MITIGATION FEE: The Applicant shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos in the amount of $3,432,495.00. The fee amount will be based
upon the Town Council resolution in effect at the time the Vesting Tentative Map is
approved by Town Council. The fee shall be paid before issuance of a building permit.
The final traffic impact mitigation fee for this project shall be calculated from the final
plans using the current fee schedule and rate schedule in effect at the t ime Vesting
Tentative Map is approved by Town Council, using a comparison between the existing
and proposed uses. The Applicant shall enter into an agreement with the Town to
reimburse the construction costs for eligible off-site improvements per the Town’s
traffic mitigation fee policy.
109. INTERSECTION IMPROVEMENTS (INTERSECTION OF LARK AVENUE AND LOS GATOS
BOULEVARD): The Applicant shall modify the intersection of Lark Avenue and Los Gatos
Boulevard to provide:
a. A third northbound left turn lane b. A third eastbound left turn lane
c. Bike lanes d. Additional turn storage length
e. Necessary transition conforms
As directed by the Town Engineer, the Applicant shall modify the northwestern corner
of said intersection to accommodate the connection of the multi-use path, including,
but may not be limited to:
f. Modification or removal of the pork-chop island
g. Removal of the existing signal controller cabinet and the installation of a new signal
controller cabinet away from where the proposed multi-use path shall connect to
the corner of intersection.
110. INTERSECTION IMPROVEMENTS (INTERSECTION OF NEIGHBORHOOD STREET AND LOS
GATOS BOULEVARD): The Applicant shall:
a. Construct the intersection of Neighborhood Street and Los Gatos Boulevard, install a
new traffic signal and provide a construction entrance at the proposed project
entrance on Los Gatos Boulevard.
b. Construct signal interconnection along Los Gatos Boulevard from Lark Avenue to the
new project signal and from the new project signal to the existing traffic signal at
Burton Road.
c. Install fiber optic communication along Los Gatos Boulevard from Lark Avenue to the
new project signal.
The new intersection shall continue to allow access to the driveway of 15000 Los Gatos
Boulevard. The east side of the new intersection shall be constructed with temporary
curb, gutter, sidewalk and driveway that will provide southbound U-turn, northbound
bus stop, and access to existing properties. The west side of intersection shall be
constructed with standard roadway, curb, gutter, sidewalk, and ADA compliant multi-
use path ramps, and provide for a U-turn movement for northbound Los Gatos
Boulevard traffic that will meet design standards as approved by the Town’s Traffic
Engineer. These improvements shall be installed prior to the commencement of any on-
site construction activities or issuance of any grading or building permits. Plans for the
construction access shall be prepared by a California registered civil engineer, reviewed
and approved by the Town of Los Gatos.
111. CONSTRUCTION TRAFFIC PLAN: Prior to the issuance of any encroachment, grading or
building permits, the Applicant shall submit for approval by the Town of Los Gatos
construction traffic plan.
112. INTERSECTION IMPROVEMENTS (INTERSECTION OF LARK AVENUE AND NORTHBOUND
CALIFORNIA STATE ROUTE 17 ON-RAMPS) The Applicant shall coordinate with the Town
of Los Gatos and Caltrans to design and install the following improvements:
a. Modify the intersection of Lark Avenue and the northbound California State Route
17 on-ramps to add a second right turn lane feeding the northbound California State
Route 17 on-ramp. The westbound approach shall consist of two (2) through lanes,
two (2) 200-foot right-turn lanes, and a preserved five (5) foot space for a future
bike lane.
b. Relocate existing signal interconnection and fiber optic cables and conduits along
Lark Avenue from Los Gatos Boulevard to California State Route 17 northbound
ramps.
c. Construct a pedestrian crosswalk to allow for the crossing of Lark Avenue
immediately east of the northbound California State Route 17 on- and off-ramps.
d. Transition from three (3) to four (4) westbound lanes starting immediately west of
‘A’ Street.
This intersection is within Caltrans jurisdiction and will require Caltrans review and
approval. The final configuration may change as ultimately approved by the Town and
Caltrans.
113. INTERSECTION IMPROVEMENTS (INTERSECTION OF LARK AVENUE AND ‘A’ STREET /
HIGHLAND OAKS DRIVE): The Applicant shall construct ‘A’ Street and a median island
within Lark Avenue through the intersection with ‘A’ Street and Highland Oaks Drive.
The modified intersection shall:
a. Allow left-in movements from eastbound Lark Avenue
b. Right-in, and right-out only movements for ‘A’ Street
c. Allow emergency access only for turning into Highland Oaks Drive from westbou nd
Lark Avenue.
This intersection shall provide:
a. Four (4) eastbound lanes
b. Three (3) westbound through lanes before ‘A’ Street
c. One (1) westbound right-turn deceleration lane before ‘A’ Street
The Applicant shall install pedestrian barricades to prevent pedestrians crossing Lark
Avenue from Highland Oaks Drive to ‘A’ Street. Prior to the issuance of grading or
building permits, the Applicant shall install a construction exit from the project site at
the proposed intersection of ‘A’ Street and Lark Avenue. Plans for the construction
access shall be prepared by a California registered civil engineer, reviewed and
approved by the Town of Los Gatos.
114. SIGNAL TIMING COORDINATION: The project’s traffic engineer shall re-time and
coordinate the signals along Los Gatos Boulevard from Neighborhood Street to Blossom
Hill Road at the time of the new project signal is activated; again at 50% occupancy; and
again at 95% occupancy. The project’s traffic engineer shall work with the City of San
Jose in reviewing the feasibility of inclusion of the City of San Jose’s traffic signals at
Samaritan Drive and the California State Route 85 ramps and the California Department
of Transportation (Caltrans) traffic signals at California State Route 17 ramps in the
signal timing coordination. The project’s traffic engineer shall work with Caltrans in
reviewing the feasibility of inclusion of the traffic signals on Lark Avenue at California
State Route 17 ramps and at Oka Road in the signal timing coordination. Include these
additional signals in the signal timing coordination as directed by the Town Engineer.
115. TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN: The Applicant shall prepare a
Transportation Demand Management (TDM) Plan for Town of Los Gatos approval prior
to the issuance of a building permit. The TDM shall include a minimum of those
measures identified in the Specific Plan such as:
a. Bicycle facility provisions
b. Transit passes and subsidies
c. Carpool incentive
d. Reserved car share parking
e. Electrical car charging stations
f. Coordination with the Santa Clara Valley Transportation Authority (VTA) to decrease
headway times to connect to regional destinations, etc.
The TDM shall include a TDM coordinator who will submit a TDM effectiveness report to
the Town annually.
116. LARK AVENUE WIDENING: The Applicant shall dedicate ten (10) feet of right-of-way and
widen Lark Avenue along the property frontage from Los Gatos Boulevard to the
northbound California State Route 17 on-ramp. The improved roadway shall provide:
a. A landscaped median island b. Eastbound bike lanes
c. A ten (10) foot multi-use path d. Three (3) to four (4) westbound lanes
e. Four (4) eastbound lanes f. Preserved width for westbound bike lanes.
The eastbound bike lane shall extend from the northbound California State Route 17 on -
ramp to Los Gatos Boulevard. A five (5) foot width shall be preserved for a future
westbound bike lane from Los Gatos Boulevard to the California State Route 17 on -
ramp. In the eastbound direction, there shall be:
a. Three (3) through lanes and one (1) left-turn lane west of Highland Oaks Drive
b. Two (2) left-turn lanes, one (1) shared left-turn/through lane, and one (1) right turn
lane east of Highland Oaks Drive.
In the westbound direction, there shall be:
a. Three (3) through lanes and one (1) right-turn deceleration lane east of ‘A’ Street
b. Three (3) lanes opening up to four (4) lanes starting immediately west of ‘A’ Street.
In the area at and near the Lark Avenue/California State Route 17 ramps is within
Caltrans jurisdiction and would require Caltrans review and approval. The final
configuration may change as ultimately approved by the Town and Caltrans.
117. LARK AVENUE SIGNAL INTERCONNECT AND FIBER OPTIC COMMUNICATION: The
Applicant shall construct and relocate the existing traffic signal interconnect
conduit/cable and fiber optic conduit/cable along the north side of Lark Avenue
conduits and cables as directed by the Town Engineer.
118. LOS GATOS BOULEVARD MEDIAN IMPROVEMENTS: The Applicant shall construct a
continuous raised median island from Lark Avenue to the project’s northern limits on
Los Gatos Boulevard, except at the intersection of Los Gatos Boulevard and
Neighborhood Street.
119. BICYCLE FACILITIES: Bicycle facilities including, but may not be limited to, bike lanes and
bike boxes will be provided in all directions and approaches of improved streets and
intersections as directed by Town Engineer.
120. TRAFFIC CALMING (‘A’ STREET): The Applicant shall prepare a traffic calming plan for ‘A’
Street and Neighborhood Street for Town of Los Gatos approval as part of the
construction plan submittal. The plan shall discourage cut-through and speeding traffic
as well as commercial traffic access from Lark Avenue and ‘A’ Street.
121. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’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 to approval from the
Town Engineer.
122. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be sub mitted and
approved prior to any work in the public right-of-way. This plan shall include, but not be
limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, special events, and other
projects in the area. The schools located on the haul route shall be contacted to
help with the coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow.
All flag persons shall have the capability of communicating with each other to
coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
123. 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 3:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the Developer shall work with the
Town of Los Gatos Building Department and Engineering Division Inspectors to devise a
traffic control plan to ensure safe and efficient traffic flow under periods when soil is
hauled on or off of the project site. This may include, but is not limited to provisions for
the Developer/Owner to place construction notification signs noting the dates and time
of construction and hauling activities, or providing additional traffic control.
Coordination with other significant projects in the area may also be required. Cover all
trucks hauling soil, sand, and other loose debris.
124. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc. shall be limited to 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. The Town of Los Gatos
may authorize on a case-by-case basis alternate construction hours. The
Applicant/Developer shall provide written notice twenty-four (24) hours in advance of
modified construction hours. Approval of this request is at discretion of the Town.
125. 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 from the source. 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.
126. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan that shall incorporate at a
minimum:
a. Earth Movement Plan b. Traffic Control Plan
c. Project Schedule d. Site security fencing
e. Employee parking f. Construction staging area
g. Materials storage area(s) h. Construction trailer(s)
i. Concrete washout(s) j. Proposed outhouse location(s)
127. PRIVATE STREETS: All streets within the development shall be private and thus privately
maintained.
128. MAINTENANCE ACCESS: Prior to the issuance of any permits, the Applicant shall propose
maintenance access improvements for the Town Engineer to review, comment on, and
approve. The Engineering Division of the Parks and Public Works Department shall
approve the surface materials over each public easement.
129. SHARED PRIVATE STREET: All private streets within the Project Site shall be kept open
and in a safe, drive-able condition throughout construction. If temporary closure is
needed, then formal written notice shall be provided at least one week in advance of
closure.
130. SANTA CLARA VALLEY WATER DISTRICT (SCVWD): Prior to start of any work along or
within Santa Clara Valley Water District (SCVWD) right -of-way/easement, the Developer
shall submit construction plans to SCVWD for review and approval, and obtain necessary
encroachment permits for the proposed work. A copy of the approved encroachment
permit(s) is/are required to be submitted to the Engineering Division of the Parks and
Public Works Department prior to Grading Permit issuance.
131. CALTRANS: Prior to the start of any work along or within the California Department of
Transportation (Caltrans) rights-of-way and/or easement, the Developer shall obtain all
necessary approvals and permits for the proposed work. Copy of approved permit(s)
is/are required to be submitted to the Engineering Division of the Parks and Public
Works Department prior to permit issuance.
132. JARPA: (The Bay Area Joint Aquatic Resources Permit Application). The Applicant shall
apply for a permit through JARPA for any proposed drainage system within the creek
setback. This permit shall be obtained prior to issuance of any permits.
133. 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. A Sanitary Sewer Clean-out is required for each property at the property line
or location specify by the Town.
134. 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 installin g an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Building Official. The Town of
Los Gatos 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 the
issuance of a building permit.
135. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more
which are part of a larger common plan of development which disturbs less than one (1)
acre are required to obtain coverage under the construction general permit with the
State Water Resources Control Board. The Applicant is required to provide proof of
Waste Discharger Identification number (WDID#) and keep a current copy of the storm
water pollution prevention plan (SWPPP) on the construction site, which shall be made
available to the Town of Los Gatos Engineering Division of the Parks and Public Works
Department and/or Building Department upon request.
136. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such measures
are implemented. 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 replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
137. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the stormwater development runoff requirements. Every
applicant shall submit a stormwater control plan and implement conditions of approval
that reduce stormwater pollutant discharges through the 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 in such a way that post-development flows
meet or are below pre-development flows.
138. SITE DESIGN MEASURES: All projects shall incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
139. LANDSCAPING: In finalizing the landscape plan for the biotreatment areas, it is
recommended that the landscape architect ensure that the characteristics of th e
selected plants are similar to those of the plants listed for use in bioretention areas in
Appendix D of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP) C.3 Stormwater Handbook.
140. LANDSCAPE MAINTENANCE AGREEMENT: The Developer shall enter into a Landscape
Maintenance Agreement with the Town of Los Gatos in which the Developer agrees to
maintain the vegetated areas along the project’s Los Gatos Boulevard and Lark Avenue
frontages located within the public right-of-way. The agreement must be completed
and accepted by the Town Attorney prior to the issuance of any permits.
141. STORMWATER TREATEMENT MEASURE SETBACKS: Building foundations shall be set
back from proposed stormwater treatment measures a sufficient distance to allow
excavation for and installation of said measure(s) without undermining the building
foundation(s). The Town Engineer shall determine the appropriate setback based on
the depth of the measure(s), input from the project soils engineer, and the type of
foundation.
142. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and 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 (1) acre. A maximum of two (2) 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 provisions C.3 and C.14 of most current Santa Clara County
National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit
(MRP). Monitoring for erosion and sediment control is required and shall be performed
by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (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 (REAP) must be developed forty-eight (48) hours prior to any likely
precipitation even, defined by a fifty (50) percent or greater probability as determined
by the National Oceanic and Atmospheric Administration (NOAA), and/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) which must
accompany monitoring reports and sampling test data. A rain gauge is required on-site.
The Town of Los Gatos Engineering Division of the Parks and Public Works Department
and the 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.
143. DUST CONTROL: The following measures shall be implemented at construction sites
greater than four (4) acres in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.).
c. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e. Replant vegetation in disturbed areas as quickly as possible.
144. 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 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.
145. STORMWATER DISCHARGE: New buildings, such as food service facilities and/or multi-
family residential complexes or subdivisions, shall provide a covered or enclosed area
for dumpsters and recycling containers. The area shall be designed to prevent water
run-on to the area and runoff from the area. Areas around trash enclosures, recycling
areas, and/or food compactor enclosures shall not discharge directly to the storm drain
system. Any drains installed in or beneath dumpsters, compactors, and tallow bin areas
serving food service facilities shall be connected to a grease removal device prior to
discharging to the sanitary sewer. The Applicant shall contact the local permitting
authority and/or sanitary district with jurisdiction for specific connection and discharge
requirements
146. 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 a minimum of ten (10) feet from the adjacent propert y
line and/or right-of-way. No improvements shall obstruct or divert runoff to the
detriment of an adjacent, downstream or down slope property.
147. OFF-SITE DRAINAGE: The Developer shall construct and install a private on -site storm
drain system that is adequately sized to collect and convey adjacent off-site tributary
drainage. Prior to the issuance of any permits, hydraulic calculations for a 100 -year
storm event shall provide documentation that the proposed storm drain system can
convey said off-site drainage as well as on-site drainage during this event over, within,
through and off the site, and ultimately into Los Gatos Creek.
148. CONVEYANCE OF DRAINAGE TO LOS GATOS CREEK: Prior to the issuance of any permits,
the Applicant shall confirm with the sufficient hydraulic calculations that the existing
storm drain facilities that will convey drainage from the project site to the outfall at Los
Gatos Creek are sufficient for surface drainage produced as a result of Phase I, future
phase(s), and that conveyed by the adjacent off-site tributary drainage areas (i.e. Los
Gatos Boulevard and its adjoining properties).
149. 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 National Pollutant
Discharge Elimination System (NPDES) Permit, Order R2-2015-0049, NPDES Permit No.
CAS612008. The plan shall delineate source control measures and Best Management
Practices (BMPs) together with the sizing calculations. The plan shall be certified by a
professional pre-qualified by the Town of Los Gatos. In the event that the 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.
150. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the
storm water management plan: “The biotreatment soil mix used in all stormwater
treatment landscapes shall comply with the specifications in Attachment L of the
Municipal Regional Permit (MRP). Proof of compliance shall be submitted by the
Contractor to the Town of Los Gatos a minimum of thirty (30) days prior to delivery of
the material to the job site using the Biotreatment Soil Mix Supplier Certification
Statement.”
151. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the
biotreatment soils provider is required and shall be given to Engineering Division
Inspection staff a minimum of thirty (30) days prior to delivery of the material to the job
site. Additionally deliver tags from the soil mix shall also be provided to Engineering
Division Inspection staff. Sample Certification can be found here:
http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL
152. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property homeowner’s association(s) shall enter into
an agreement with the Town of Los Gatos for maintenance of the stormwater filtration
facilities and devices required to be installed on this project by Town’s Stormwater
Discharge Permit and all current amendments or modifications. The agreement shall
specify that certain routine maintenance shall be performed by the property
homeowner’s association(s) and shall specify device maintenance reporting
requirements. The agreement shall also specify routine inspection requirements,
permits and payment of fees. The agreement shall be recorded, and a copy of the
recorded agreement shall be submitted to the Engin eering Division of the Parks and
Public Works Department, prior to the release of any occupancy permits.
153. PUBLIC STORM DRAIANGE CONVEYANCE AGREEMENT: The Developer shall enter into a
Public Storm Drainage Conveyance Agreement with the Town of Los Gatos to allow for
the conveyance of storm drainage from the Los Gatos Boulevard public right-of-way
through the on-site private storm drain system and within the private streets to be
constructed with the project. The Developer shall be solely responsible for main taining
the storm drain system at all times and shall indemnify the Town of Los Gatos. The
agreement must be completed and accepted by the Town Attorney prior to the issuance
of any permits.
154. 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.
155. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and
provided with area drains connected to the sanitary sewer per current National
Pollutant Discharge Elimination System (NPDES) requirements before a Certificate of
Occupancy for any new building can be issued. Temporary trash enclosures are exempt
from this condition. Connecting said drainage system to the storm drain system shall
not be permitted.
156. GREASE TRAPS: The Applicant shall meet all requirements of the Santa Clara County
Health Department and West Valley Sanitation District for the interception, separation
or pretreatment of effluent.
157. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. All construction shall be diligently supervised 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 an
encroachment permit is issued by the Engineering Division of the Parks and Public
Works Department. 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 an encroachment 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 penalties
and/or the Town performing the required maintenance at the Developer's expense.
158. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The Applicant shall initiate a
weekly neighborhood e-mail notification program to provide project status updates.
The e-mail notices shall also be posted on a bulletin board placed in a prominent
location along the project perimeter.
159. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
160. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
161. FUTURE STUDIES: Any post project traffic or parking counts, or other studies imposed by
Planning Commission or Town Council shall be funded by the Applicant.
162. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an agreement
to construct public improvements in accordance with Town of Los Gatos Code Section
24.40.020. The Applicant shall supply suitable securities for all public improvements
that are part of the development in a form acceptable to t he Town in the amount of
100% (performance) and 100% (labor and materials) prior to the issuance of any permit.
The Applicant shall provide two (2) copies of documents verifying the cost of the public
improvements to the satisfaction of the Engineering Di vision of the Parks and Public
Works Department. A copy of the recorded agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department prior to the issuance of
any permit.
163. ABOVE GROUND UTILITIES: The Applicant shall submit a seventy-five (75) percent
progress printing to the Town for review of above ground utilities including:
a. Backflow prevention devices b. Fire department connections
c. Gas and water meters d. Off-street valve boxes
e. Hydrants f. Site lighting
g. Transformers h. Electrical/communication/cable boxes
i. Mail boxes
Above ground utilities shall be reviewed and approved by the Town of Los Gatos
Community Development Department prior to issuance of any permit.
164. PUBLIC STREET LIGHTING: Replace existing street light fixtures along Los Gatos
Boulevard frontage between Lark Avenue and the northern limits of Phase 1 with new
LED light fixtures. Install new street light poles and LED light fixture for the widened
Lark Avenue frontage. The Applicant’s engineer shall prepare street light plan for the
widened Lark Avenue for approval by the Town Engineer. On-lot lighting shall be
incorporated for the multi-use path.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
165. REQUIRED FIRE DEPARTMENT ACCESS: Compliance with the following is required; CFC
Sec. 503, 504, 506, 509 and Santa Clara County Fire Dept. Standard Detail and
Specification A-1. Minimum required roadway width is 20 feet. Note specifically the
requirements for a minimum 26-foot wide roadway serving buildings more than 30 feet
in height from the lowest level of Fire Dept. Access. No parking is allowed within these
minimum required widths. Minimum vertical clearance is 13' 6".
166. FIRE SPRINKLERS REQUIRED: System requirements will vary depending upon the
occupancy classification and projected use of each structure. It appears that the largest
single structure will be a commercial multistory structure of 18,000 square feet.
Applicants are advised to consult with the San Jose Water Company to dete rmine what
existing and proposed infrastructure will be required to meet the anticipated demand.
CFC Chp. 9 and CRC Sec. 313 as adopted and amended by LGTC.
167. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based
fire protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable of
causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the ap plicant(s).
168. PUBLIC FIRE HYDRANT(S) REQUIRED: Provide public fire hydrant(s) at location(s) to be
determined jointly by the Fire Department and San Jose Water Company. Maximum
hydrant spacing shall be determined by the currently adopted edition of the Cal ifornia
Fire Code, with a minimum single hydrant flow of 1,500 GPM at 20 psi, residual. Fire
hydrants shall be provided along required fire apparatus access roads and adjacent
public streets.
169. HOSE VALVES/STANDPIPES REQUIRED: Hose valves/standpipes shall be installed as per
the 2010 CFC Sec. 905, or where emergency access has been deemed minimal, shall be
equipped with standpipes designed per NFPA Std. #14, and be equipped with 2 -1/2"
inch hose valves, located within the stair enclosure(s). Note specificall y, within parking
structure(s) at stairwells and on any proposed podium within certain courtyard areas.
170. FIRE APPARATUS (LADDER TRUCK) ACCESS ROADS REQUIRED: All access roadways shall
be paved with an all-weather surface and a minimum unobstructed width of 26 feet,
vertical clearance of 13 feet 6 inches, and have a minimum circulating turning radius to
the satisfaction of the Santa Clara County Fire Marshall, as well as a maximum slope of
10 percent and vehicle loading of 75,000 pounds.
171. PARKING ALONG ROADWAYS: The required width of fire access roadways shall not be
obstructed in any manner and, parking shall not be allowed along roadways less than 28
feet in width. Parking may be permitted along one side of roadways 28 -35 feet in width.
For roadways equal to or greater than 36 feet, parking will be allowed on both sides of
the roadway. Roadway widths shall be measured curb face to curb face, with parking
space based on an 8 ft. width.
172. GROUND LADDER ACCESS: Ground-ladder rescue from second and third floor sleeping
rooms shall be made possible for fire department operations. With the climbing angle
of seventy five degrees maintained, an approximate walkway width along either side of
the building shall be no less than seven feet clear. Landscaping shall not be allowed to
interfere with the required access.
173. REQUIRED BUILDING ACCESS. Exterior doors and openings required by this code or the
International Building Code shall be maintained readily accessible for emergency access
by the fire department. An approved access walkway leading from fire apparatus access
roads to exterior openings shall be provided when required by the fire code official.
174. KEY BOXES: Where required: Where access to or within a structure or an area is
restricted because of secured openings or where immediate access is necessary for life -
saving or fire-fighting purposes, the fire code official is authorized to require a key box
to be installed in an approved location. The key box shall be of an approved type and
shall contain keys to gain necessary access as required by the fire code official. Locks.
An approved lock shall be installed on gates or similar barriers when required by the fire
code official. Key box maintenance. The operator of the building shall immediately
notify the fire code official and provide the new key when a lock is changed or rekeyed.
The key to such lock shall be secured in the key box.
175. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved
alternative methods of protection are provided. Temporary street signs shall be
installed at each street intersection when construction of new roadways allows passage
by vehicles in accordance with Section 505.2.
176. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: Gate installations shall conform to
Fire Department Standard Details and Specification G-1 and, when open shall not
obstruct any portion of the required width for emergency access roadways or
driveways. Locks, if provided, shall be fire department approved prior to installation.
Gates across the emergency access roadways shall be equipped with an approved
access devices. If the gates are operated electrically, an approved Knox key switch shall
be installed; if they are operated manually, then an approved Knox padlock shall be
installed. Gates providing access from a road to a driveway or other roadway shall be at
least 30 feet from the road being exited.
177. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 14 and our Standard Detail and Specification SI -7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project.
Plan pages specifically dedicated to safety plans, including proposed temporary access
and water supply for each phase will be required .
178. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the
street or road fronting the property. Numbers shall contrast with their background.
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