Item 3 - Exhibit 04 - Recommended Conditions of ApprovalPLANNING COMMISSION – March 27, 2019
CONDITIONS OF APPROVAL
258 Union Avenue
Architecture and Site Application S-18-033
Conditional Use Permit Application U-18-010
Subdivision Application M-18-004
Mitigated Negative Declaration ND-19-001
Requesting approval to construct a mixed-use commercial building with three
attached multi-family condominiums, six detached single-family condominiums, and
alternating use of parking on property zoned C-1. APN 527-44-012 and 013.
APPLICANT: EW Real Estate LLC
PROPERTY OWNER: Cashmere Bouquet 1031 LLC
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 listed below and in substantial compliance with the plans approved and noted as
received by the Town on February 28, 2019. Any changes or modifications to the
approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or Town Council, depending
on the scope of the changes.
2.EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3.LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year, the approval lapses pursuant to
Section 29.20.340 of the Zoning Ordinance.
4.BELOW MARKET PRICE (BMP) UNIT. The developer shall provide one for-sale BMP unit
(80% of area median income) to be sold at a price that is affordable to the target
household income range, as required by the Town’s BMP Program Guidelines and the
BMP Resolution in place at the time of building permit issuance. A deed restriction shall
be recorded prior to the issuance of any building permits, stating that the BMP unit must
be sold and maintained as a below market price unit pursuant to the Town’s BMP
Ordinance and Guidelines. The BMP unit shall be provided prior to final inspection and
issuance of an occupancy permit for the fifth market rate unit.
5.AFFORDABLE HOUSING AGREEMENT. Prior to issuance of building permits, the developer
shall enter into an Affordable Housing Agreement with the Town for provision of the
required BMP unit and to facilitate its sale pursuant to the BMP Program Guidelines and
BMP Resolution in place at the time of building permit issuance.
6.FENCING. An eight-foot-high fence is permitted for the rear section of the private yards
for units 1 and 6.
EXHIBIT 4
7. 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.
8. TREE REMOVAL PERMIT: A Tree Removal Permit for removal and/or pruning of existing
trees on the property and trees overhanging the property shall be obtained, prior to the
issuance of a building or grading permit.
9. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Walter Levison, identified in the Arborist report, dated as
received July 21, 2018, respectively, on file in the Community Development
Department. A Compliance Memorandum shall be prepared by the applicant and
submitted with the building permit application detailing how the recommendations have
or will be addressed. These recommendations must be incorporated in the building
permit plans and completed prior to issuance of a building permit where applicable.
10. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six-foot-high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree protection fencing plan with the construction
plans.
11. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
12. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being
removed. The number of trees and size of replacement trees shall be determined using
the canopy replacement table in the Town Code. Town Code requires a minimum 24-inch
box size replacement tree. New trees shall be double staked with rubber ties and shall be
planted prior to final inspection and issuance of occupancy permits.
13. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including
landscape and irrigation plans and calculations, shall meet the Town of Los Gatos Water
Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is
more restrictive. The final landscape plan shall be reviewed by the Town’s consultant
prior to issuance of building permits. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
14. LANDSCAPING: Prior to issuance of a Certificate of Occupancy the front yard must be
landscaped.
15. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
The lighting plan shall be reviewed during building plan check.
16. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the applications.
17. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to installation of new signs.
18. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los
Gatos Community Development Department must be obtained prior to commencement
of use.
19. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department
must be obtained prior to the commencement of any new use.
20. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
21. AIR QUALITY AQ-1: The following basic construction mitigation measures shall be
incorporated into project construction documents:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping
is prohibited.
d. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
e. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
f. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer’s specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
g. Post a publicly visible sign with telephone number and person to contact at the Lead
Agency regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The air district’s phone number shall also be visible to ensure
compliance with applicable regulations.
22. BIOLOGICAL RESOURCES BIO-1: If noise generation, ground disturbance, vegetation
removal, or other construction activities begin during the nesting bird season (February 1
to August 31), or if construction activities are suspended for at least two weeks and
recommence during the nesting bird season, then the project developer shall retain a
qualified biologist to conduct a pre-construction survey for nesting birds. The survey shall
be performed within suitable nesting areas on and adjacent to the site to ensure that no
active nests would be disturbed during project implementation. This survey shall be
conducted no more than two weeks prior to the initiation of construction activities. A
report documenting survey results and plan for active bird nest avoidance (if needed)
shall be completed by the qualified biologist and submitted to the Town of Los Gatos for
approval prior to initiation of construction activities. If no active bird nests are detected
during the survey, then construction activities can proceed as scheduled. However, if an
active bird nest of a native species is detected during the survey, then a plan for active
bird nest avoidance shall be prepared to determine and clearly delineate a temporary
protective buffer area around each active nest, with buffer area size depending on the
nesting bird species, existing site conditions, and type of proposed construction activities.
The protective buffer area around an active bird nest is typically 75-250 feet, determined
at the discretion of the qualified biologist and in compliance with any applicable project
permits. To ensure that no inadvertent impacts to an active bird nest will occur, no
construction activities shall occur within the protective buffer area(s) until the juvenile
birds have fledged (left the nest), and there is no evidence of a second attempt at nesting,
as determined by the qualified biologist.
23. BIOLOGICAL RESOURCES BIO-2: Prior to the issuance of a grading permit, the applicant
shall ensure the following provisions are included in the final project plans, subject to the
review and approval by the Town arborist, and implemented during construction:
a. Remove the six protected trees. Work with the adjacent neighbors to the east on
replanting screening for both properties.
b. For existing trees that will be retained on the site, follow the Town of Los Gatos
General Tree Protection Directions on pages 24 – 26 to the greatest extent possible,
before site demo and during and after construction.
c. Neighboring trees whose canopies overhang the project site must receive tree
protection in the same manner as existing trees to remain on the project site; for
example, tree protection fencing and signage. The general contractor shall fence off
the dripline of this tree as much as possible in order to avoid damaging branches and
compacting the soil beneath the canopy. If pruning is necessary in order to avoid
branch breakage, the general contractor shall hire a qualified tree service to perform
the minimum necessary construction clearance pruning.
d. The root collars and lower trunks of some of the trees were obscured from view by
vegetation, excess soil or other covering. Such portions of the tree should be
uncovered, and the tree re-evaluated by the arborist.
e. Pre-construction pruning should be limited to the absolute minimum required for
construction clearance.
24. GEOLOGY AND SOILS GEO-1: Prior to the issuance of a grading permit, the
recommendations provided within the geotechnical report prepared by Murray Engineers
in April 2018 shall be fully incorporated into the final construction plans. The developers
of the proposed project are required to follow these recommendations, which address the
removal of non-engineered fill material and replacement with engineered fill or
compacted materials as well as sufficient design of the building foundations and building
slab to avoid damage from differential settlement.
25. HAZARDOUS AND HAZARDOUS MATERIALS HAZ-1: Prior to the issuance of a grading
permit, the developer of the proposed project shall perform environmental site sampling
to assess potential vapor encroachment from former adjacent dry-cleaning operations at
5238 Union Avenue. If the results of the sampling indicate that site clean-up is
recommended, the site shall be cleaned to the appropriate regulatory standards, also
prior to issuance of a grading permit.
26. NOISE NOI-1: To achieve compliance with the Town of Los Gatos Noise Element 55 dB DNL
limit at the noise impacted rear yards, the following noise control barriers will be
required.
Construct an eight-foot high acoustically-effective barrier at the rear yards of Lot 1 and
Lot 6 extending from the corners of the homes to the south and north property lines,
respectively. Continue the barriers at eight-feet high for a distance of 24 feet in the
easterly direction. Continue the rear property line barriers at seven feet high for 16
feet. Then continue the barriers for 32 feet at six feet high. The barriers heights are in
reference to the nearest building pad elevation.
To achieve an acoustically-effective barrier it must be constructed air-tight, i.e.,
without cracks, gaps or other openings, and must provide for long term durability. The
barrier can be constructed of masonry, wood, concrete, stucco, metal, earth berm or a
combination thereof, and must have a minimum surface weight of 2.5 lbs. per square
foot. If wood fencing is used, homogeneous sheet materials are preferable to
conventional wood fencing as the latter has a tendency to warp and form openings
with age. However, high quality air-tight tongue-and-groove, board and batten or
shiplap construction can be used provided that the construction is air-tight, and the
minimum surface weight is met. All connections with posts, pilasters and the building
shells must be sealed air-tight. No openings are permitted between the barrier
components and the ground.
27. NOISE NOI-2: To achieve compliance with the 45 dB DNL limits of the Town of Los Gatos
Noise Element and Title 24, the following window controls will be required. In addition,
general building shell controls are also recommended, as described in Appendix B of the
acoustical analysis.
Maintained closed all windows of living spaces with a direct or side view to Union
Avenue (north, west and south facades). Provide mechanical ventilation for these
spaces. There is no minimum Sound Transmission Class rating requirement. Any dual
pane window assembly will suffice.
When windows and doors are maintained closed for noise control, mechanical
ventilation and an air conditioning system must be provided to ensure a habitable
interior environment. The mechanical ventilation system shall conform to the
requirements of the California Mechanical Code and shall not compromise the
acoustical integrity of the building shell. All other windows of the development may be
kept open as desired with the exception of bathrooms that are an integral part of a
living space and not separated by a closeable door, such as those common in master
bedroom suites.
When windows are kept closed for noise control, they shall be operable as the
requirement does not imply a fixed or inoperable condition.
In addition, the windows shall be installed in an acoustically-effective manner. To
achieve an acoustically-effective window and door construction, the sliding window
panels must form an air-tight seal when in the closed position and the window frames
must be caulked to the wall opening around their entire perimeter with a non-
hardening caulking compound to prevent sound infiltration. Do not use expandable
foam products.
28. NOISE NOI-3: All internal combustion engines used at the project site shall be equipped
with a type of muffler recommended by the vehicle manufacturer. In addition, all
equipment shall be in good mechanical condition so as to minimize noise created by faulty
or poorly maintained engine, drive-train and other components. The following measures
shall also be implemented:
Operational and Situational Controls
a. All work on site should be restricted to 8:00 a.m. to 8:00 p.m. Weekdays, 9:00 AM to
7:00 PM, weekends and Holidays, per the requirements of the Town of Los Gatos
Noise Ordinance.
b. All construction noise control measures currently imposed on the project shall be
maintained unless the measures outlined herein are more restrictive.
c. All exterior stationary equipment shall be kept at least 100 ft. from neighboring
residential property lines unless acoustically shielded.
d. No material deliveries are allowed on Sundays or Federal Holidays.
e. Cranes shall be located at least 100 ft. from any neighboring residential property line
with the exception of cranes or lifts necessary to dismantle scaffolding.
f. Minimize material movement along the north, east and south sides of the site.
g. Locate stockpiles adjacent to residential neighbors as much as possible to help shield
residences from on-site noise generation.
h. Music shall not be audible off site.
i. Dirt berming and stockpiling materials whenever possible can also help reduce noise
to sensitive receptor locations.
j. Place long-term stationary equipment as far away from the residential areas as
possible.
k. Keep mobile equipment (haul trucks, concrete trucks, etc.) off of local streets near
residences as much as possible.
l. Keep vehicle paths graded smooth as rough roads and paths can cause significant
noise and vibration from trucks (particularly empty trucks) rolling over rough surfaces.
Loud bangs and ground-borne vibration can occur.
m. Limit the extent of heavy diesel engine equipment work to less than 10 consecutive
days when working within 40 ft. of the north, east or south property lines.
Interior Work
n. Windows of the interior spaces facing neighboring residences where work is being
performed shall be kept closed while work is proceeding.
o. Noise generating equipment indoors should be located within the building to utilize
building elements as noise screens.
Equipment
p. Earth Removal: Use scrapers as much as possible for earth removal, rather than the
noisier loaders and hauling trucks.
q. Backfilling: Use a backhoe for backfilling, as it is less costly and quieter than either
dozers or loaders.
r. Ground Preparation: Use a motor grader rather than a bulldozer for final grading.
Wheeled heavy equipment is less noisy than track equipment. Utilize wheeled
equipment rather than track equipment whenever possible.
s. Building Construction: Nail guns should be used where possible as they are less noisy
than manual hammering.
t. Generators and Compressors: Use generators, compressors and pumps that are
housed in acoustical enclosures rather than weather enclosures or none at all.
u. Utilize temporary power service from the utility company in lieu of generators
wherever possible.
v. All stationary equipment shall be rated no higher than 85 dBA @ 25 ft. under the
equipment’s most noisy condition.
w. Circular saws, miter/chop saws and radial arm saws shall be used no closer than 50 ft.
from any residential property line unless the saw is screened from view by any and all
residences using an air-tight screen material of at least 2.0 lbs./sq. ft. surface weight,
such as ¾” plywood.
x. Use electrically powered tools rather than pneumatic tools whenever possible.
y. Mitigation of the construction phase noise at the site can be accomplished by using
quiet or "new technology" equipment.
z. The greatest potential for noise abatement of current equipment should be the
quieting of exhaust noises by use of improved mufflers.
aa. Utilize wheeled equipment rather than tracked equipment whenever possible.
bb. All vibration generating equipment or machinery shall not be used within the
distances to adjacent buildings shown in Table V of the acoustical analysis (Appendix
G) for the type of equipment used.
Noise Complaint Management
cc. Designate a noise complaint officer. The officer shall be available at all times during
construction hours via both telephone and email. Signs shall be posted at site entries.
dd. Notify, in writing, all residents within 300 ft. of the site of construction. The
notification shall contain the name, phone number and email address of the noise
complaint officer. A flyer may be placed at the doors of the residences.
ee. A log of all complaints shall be maintained. The logs shall contain the name and
address of the complainant, the date and time of the complaint, the
nature/description of the noise source, a description of the remediation attempt or
the reason remediation could not be attempted.
29. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
30. PERMITS REQUIRED: A Building Permit is required for the construction of a new
commercial building with three attached condominium flats. An additional permit will be
required for each of the six-detached new single-family condominium homes with
attached garages.
31. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California
Code of Regulations Title 24, Parts 1-12.
32. Include on the plans the confirmation letter from property owner/developer stating no
public funds used to construct dwellings.
33. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval
will be addressed.
34. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
35. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
36. 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.
37. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) 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 confirm to the Cal/OSHA regulations.
38. 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 wall(s) locations and elevations
39. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
40. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32-inch doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing,
no more than 1 inch out of plane with the immediate interior floor level and with an
18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
41. 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.
42. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut
within 10 feet of chimneys.
43. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
44. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit. The
Town Special Inspection form must be completely filled-out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building.
45. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) 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 ARC Blue Print for a fee or online at
www.losgatosca.gov/building.
46. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6872
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
47. 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 mud, silt, concrete, dirt and other construction 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 by the Engineering Division of the Parks and
Public Works Department. 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 issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Developer's expense.
48. APPROVAL: This application shall be completed in accordance with all the conditions of
approval 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.
49. 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.
50. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000.00 will require construction security. It is the
responsibility of the Developer to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and Electric
(PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of
Transportation (Caltrans). 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.
51. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
the Town on a yearly basis. In addition to general coverage, the policy must cover all
elements encroaching into the Town’s right-of-way.
52. 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 on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in penalties and rejection of any work that occurred without
inspection.
53. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer or their representative shall
repair or replace all existing improvements not designated for removal that are damaged
or removed because of the Developer or their representative'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. 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 replaced at the Contractor’s sole
expense and no additional compensation shall be allowed therefore. 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. The
restoration of all improvements identified by the Engineering Construction Inspector shall
be completed before the issuance of a certificate of occupancy. The Developer or their
representative shall request a walk-through with the Engineering Construction Inspector
before the start of construction to verify existing conditions.
54. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
55. 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.
56. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Engineering Division of the Parks and Public Works Department prior to the
commencement of plan check review.
57. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any grading or building permits or recordation of the Final Map.
58. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The
Developer’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.
59. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos,
Community Development Department.
60. 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. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Developer.
61. 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). After the preceding Architecture and Site Application has been approved by
the respective deciding body, the grading permit application (with grading plans and
associated required materials and plan check fees) shall be made to the Engineering Division
of the Parks and Public Works Department located at 41 Miles Avenue. The grading plans
shall include final grading, drainage, retaining wall location(s), 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). Prior to Engineering signing off and
closing out on the issued grading permit, the Developer’s soils engineer shall verify, with a
stamped and signed letter, that the grading activities were completed per plans and per the
requirements as noted in the soils report. A separate building permit, issued by the Building
Department, located at 110 E. Main Street, is needed for grading within the building
footprint.
62. HAZARDOUS AND HAZARDOUS MATERIALS HAZ-1: Prior to the issuance of a grading
permit, the developer of the proposed project shall perform environmental site sampling
to assess potential vapor encroachment from former adjacent dry-cleaning operations at
5238 Union Avenue. If the results of the sampling indicate that site clean-up is
recommended, the site shall be cleaned to the appropriate regulatory standards, also
prior to issuance of a grading permit.
63. DRIVEWAY: The driveway conforms to existing pavement on Union Avenue shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
64. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for
financing and conveyance purposes only) or any grading or building permits, the
Developer shall: a) design provisions for surface drainage; and b) design all necessary
storm drain facilities extending to a satisfactory point of disposal for the proper control
and disposal of storm runoff; and c) provide a recorded copy of any required easements
to the Town.
65. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
66. PRECONSTRUCTION MEETING: Prior to the commencement of any site work, the general
contractor shall:
a. Along with the Developer, 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.
67. GENERAL: The Developer shall comply with all Town, County, State and Federal laws and
regulations applicable to this land division. No other proposed development is included in
this particular application of the Certificate of Compliance. Issuance of a Certificate of
Compliance will acknowledge the Town’s acceptance of the parcel as legally created in
accordance with the Subdivision Map Act. Any subsequent development will be required
to demonstrate compliance with the Town Development Standards and Codes.
68. FINAL MAP: A final map shall be recorded. Two (2) copies of the final map shall be
submitted to the Engineering Division of the Parks and Public Works Department for
review and approval. Submittal shall include closure calculations, title reports and the
appropriate fee. The map shall be recorded prior to the issuance of any building or
grading permits. The Developer shall provide the Engineering Division with an electronic
copy (in PDF format) and two hardcopies of the signed recorded map along with a CAD
drawing of the Parcel Map after it is recorded.
69. 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.
70. PRIVATE UTILITIES–STREET: Prior to the recordation of a subdivision map the Developer
shall place a note on the map, in a manner that meets the approval of the Town Engineer
that states: "The private streets, utilities constructed within this map shall be owned,
operated and maintained by the Developer, successors or assigns.”
71. DEDICATIONS: The following shall be dedicated on the final 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 Union Avenue right-of-way.
b. Ingress/egress, private utility, storm drainage and sanitary sewer easements, as
required.
c. Emergency Access Easement: An emergency vehicle access easement may be necessary
to facilitate access for the Santa Clara County Fire Department.
72. 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.
73. SOILS REVIEW: Prior to Town approval of a development application, the Developer’s
engineers shall prepare and submit a design-level geotechnical and geological
investigation for review by the Town’s consultant, with costs borne by the Developer, and
subsequent approval by the Town. The Developer’s soils engineer shall review the final
grading and drainage plans to ensure that designs for foundations, site grading, and site
drainage are in accordance with their recommendations and the peer review comments.
Approval of the Developer’s soils engineer shall then be conveyed to the Town either by
submitting a Plan Review Letter prior to issuance of any grading or building permits.
74. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Developer’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 Developer’s soils engineer and submitted to the Town before a certificate of
occupancy permit is granted.
75. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical Investigation by Murray Engineers Inc,
dated April 2018, and any subsequently required report or addendum. Subsequent
reports or addendum are subject to peer review by the Town’s consultant and costs shall
be borne by the Developer.
76. GEOLOGY AND SOILS GEO-1: Prior to the issuance of a grading permit, the
recommendations provided within the geotechnical report prepared by Murray Engineers
in April 2018 shall be fully incorporated into the final construction plans. The developers
of the proposed project are required to follow these recommendations, which address the
removal of non-engineered fill material and replacement with engineered fill or
compacted materials as well as sufficient design of the building foundations and building
slab to avoid damage from differential settlement.
77. SUBDIVISION IMPROVEMENT AGREEMENT: The Developer shall enter into an agreement
to construct public improvements in accordance with Town Code Section 24.40.020. The
Developer shall supply suitable securities for all 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 the issuance of any encroachment, grading or building
permit. The Developer 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 executed agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department prior to the issuance of
any encroachment, grading or building permit.
78. 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 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 and commercial building. Pole numbers, assigned
by PG&E, shall be clearly delineated on the plans.
79. WATER METER: The existing water meter, currently located within the Union Avenue
right-of-way, shall be removed and relocated within the property in question, directly
behind the public right-of-way line. The Developer shall repair and replace to existing
Town standards any portion of concrete flatwork within said right-of-way that is damaged
during this activity prior to issuance of a certificate of occupancy.
80. TRANSPORTATION AND TRAFFIC TRANS-1: Red curbs shall be implemented by the
developer, to the satisfaction of the Town Engineer, adjacent to both sides of the
proposed project’s driveways prior to the issuance of occupancy to ensure adequate sight
distance from vehicles parked along the right-of-way of Union Avenue.
81. TRANSPORTATION AND TRAFFIC TRANS-2: Prior to issuance of a building permit, the
developer shall indicate on the final landscape plans that all landscape fronting Union
Avenue and placed between the face of the proposed project buildings and the sidewalk
shall be low in height to ensure visibility of pedestrians by drivers on Union Avenue. The
characteristics of the selected plants on the final landscape plans shall be 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.
82. 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. Plans for the improvements must be approved by the Town prior to
the issuance of any grading or building permits. The improvements must be completed
and accepted by the Town before the issuance of any grading or building permits unless
otherwise allowed by the Town Engineer.
a. Union Avenue
i. Install new curb, gutter, minimum 5-foot detached sidewalk, minimum 4-foot park
strip, street lights, signing, striping, and storm drainage along the property frontage
as directed by the Town Engineer.
ii. Remove and replace the existing pavement section along the project frontage with a
traffic-appropriate engineered structural pavement section from centerline to the lip
of gutter on the project (east) side, or alternative pavement rehabilitation measures
as approved by the Town Engineer.
iii. Provide a 2-inch grind and overlay from centerline to the west side of the street/lip of
gutter.
iv. Concurrent with the Bicycle and Pedestrian Master Plan, reserve width for a future
Class II bike lane along the property frontage as directed by the Town Engineer.
Remove existing and replace with installation of new pavement delineation and slurry
seal for the affected pavement as directed by the Town Engineer.
v. Paint ten (10) feet of red curb on each side of the proposed driveways. Ensure that
the required red curb lengths on both sides of the existing fire hydrant are provided.
83. GREEN INFRASTRUCTURE MEASURES: Projects which propose work within the Town’s
right-of-way, including but not limited to pavement restoration, street widening,
construction of curb, gutter and/or sidewalk, right-of-way dedication, etc., will be
evaluated by Staff to determine its potential for the implementation of Green
Infrastructure measures and associated improvements.
84. FRONTAGE IMPROVEMENTS: The Developer shall be required to improve the project’s
public frontage (right-of-way line to centerline and/or to limits per the direction of the
Town Engineer) to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approaches, signs, pavement, raised pavement
markers, thermoplastic pavement markings, storm drain facilities, traffic signal(s), street
lighting (underground overhead service and upgrade pole to current standard) etc. Plans
for the improvements must be approved by the Town prior to the issuance of any grading
or building permits. The improvements must be completed and accepted by the Town
before the issuance of any grading or building permits unless otherwise allowed by the
Town Engineer.
85. ADA COMPLIANCE: The Developer shall be required to meet all ADA standards, which
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued. This may require additional construction measures as
directed by the Town.
86. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain
stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact
Development (LID) treatment devices that can be integrated into required landscaping
areas and traffic islands prior to discharge into the storm drain system and/or public right-
of-way. The amount of impervious area associated with parking lots shall be minimized by
utilizing design features such as providing compact car spaces, reducing stall dimensions,
incorporating efficient parking lanes, using permeable pavement where feasible, and
adhering to the Town’s Parking Development Standards. The use of permeable paving for
parking surfaces is encouraged to reduce runoff from the site. Such paving shall meet Santa
Clara County Fire Department requirements and be structurally appropriate for the
location.
87. 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 Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable television
service. The Developer 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.
88. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing 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 Developer's
surveyor shall prepare the legal description and plat. The Developer shall pay any
recordation costs. The documents shall be recorded before any grading or permits are
issued.
89. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of
involved parties shall accompany any proposed private easement. Access driveway shall
be within the recorded access easement. A new private access easement shall be
recorded, and a copy of the recorded agreement shall be submitted to the Engineering
Division of the Parks and Public Works Department, prior to issuance of a grading or
building permit. A realigned access driveway shall be completed prior to the issuance of
building permit.
90. SIDEWALK REPAIR: The Developer shall repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. All new and existing
adjacent infrastructure must 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.
91. CURB AND GUTTER REPAIR: The Developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. All
new and existing adjacent infrastructure must 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.
92. DRIVEWAY APPROACH: The Developer shall install one (1) Town standard residential
driveway approach and one (1) Town standard commercial driveway approach. The new
driveway approaches 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.
93. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
94. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
95. FRONTAGE IMPROVEMENTS (TRAFFIC): The Developer shall construct improvements
including and may not be limited to signage, striping, curb/gutter/sidewalk, and street
lights at project frontage as directed by the Town Engineer. Plans for the improvements
must be approved by the Town prior to the issuance of any grading or building permits.
The improvements must be completed and accepted by the Town before the issuance of
any grading or building permits unless otherwise allowed by the Town Engineer.
96. FRONTAGE IMPROVEMENTS (STREET LIGHTS): The Developer shall underground the
existing overhead electrical feed for the street light on Union Avenue along the project
frontage. Remove the existing and subsequently install a new street light pole and fixture
per current standards. Plans for the improvements must be approved by the Town prior
to the issuance of any grading or building permits. The improvements must be completed
and accepted by the Town before the issuance of any grading or building permits unless
otherwise allowed by the Town Engineer.
97. TRAFFIC IMPROVEMENTS (OFF-SITE IMPROVEMENT): Traffic improvements may be
required as determined by traffic study or the project conditions of approval. Construct
off-site improvements as required. Plans shall be prepared by the Developer’s design
consultants and submitted to the Town Engineer for approval prior to construction. Plans
for the improvements must be approved by the Town prior to the issuance of any grading
or building permits. The improvements must be completed and accepted by the Town
before the issuance of any grading or building permits unless otherwise allowed by the
Town Engineer.
98. STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Developer shall pay an
inspection fee in the amount of $1,000.00 for the Town’s inspection of street lights and
traffic signal-related work installed by the Developer. The fees shall be due at time of
building permit application.
99. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM): The Developer shall prepare a
Transportation Demand Management Plan for the Town of Los Gatos approval prior to
the issuance of a grading or building permit. The TDM shall include the measures such as
bicycle facility provisions, shower facilities, transit passes and subsidies, carpool incentive,
designated car share parking, and other measures that may be required by the Green
Building Code, VTA guidelines and the Town Engineer. The TDM shall also include a TDM
Coordinator and identify the requirement for an annual TDM effectiveness report to the
Town of Los Gatos.
100. BICYCLE FACILITIES: Bicycle facilities including, but may not be limited to, Class II bike
lanes, will be provided in all directions and approaches of improved streets and
intersections as directed by Town Engineer.
101. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s traffic impact policy.
102. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building permits, the
Developer shall pay the project's proportional 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 and shall be paid before issuance of any building permits. 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 time the building permit is issued, using a
comparison between the existing and proposed uses.
103. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any grading or building
permits, the Developer shall complete a pavement condition survey documenting the
extent of existing pavement defects using a smartphone video (in Landscape orientation
only) or digital video camera. The survey shall extend along Union Avenue in the
southbound direction from Los Gatos-Almaden Road to Downing Oak Court and in the
northbound direction from Downing Oak Court to the Town limits. The results shall be
documented in a report and submitted to the Town for review.
104. POSTCONSTRUCTION PAVEMENT SURVEY: The Developer shall complete a pavement
condition survey and pavement deflection analysis to determine whether road damage
occurred as a result of project construction and whether there were changes in pavement
strength. Rehabilitation improvements required to restore the pavement to pre-
construction condition and strength shall be determined using State of California
procedures for deflection analysis. The results shall be documented in a report and
submitted to the Town for review and approval before a Certificate of Occupancy for any
new building can be issued. The Developer shall be responsible for completing any
required road repairs prior to release of the faithful performance bond.
105. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public (Town) streets
without written approval from the Town Engineer.
106. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved prior to the issuance of an Encroachment, Grading or Building Permit. 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.
107. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to the issuance of an Encroachment,
Grading or Building Permit.
108. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
109. 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.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of an Encroachment, Grading or Building Permit, the Developer or their
representative shall work with the Town 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 the project site. This may include, but is not limited
to provisions for the Developer 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.
110. 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 may authorize, on a case-by-case basis,
alternate construction hours. The 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.
111. 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.
112. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of an Encroachment,
Grading or Building Permit, the Developer’s design consultant shall submit a construction
management plan sheet (full-size) within the plan set that shall incorporate at a minimum
the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing,
employee parking, construction staging area, materials storage area(s), concrete
washout(s) and proposed outhouse location(s). Please refer to the Town’s Construction
Management Plan Guidelines document for additional information.
113. WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each
property at the property line, within one (1) foot of the property line per West Valley
Sanitation District Standard Drawing 3, or at a location specified by the Town.
114. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Building Official. The Town
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve as
defined in the Uniform Plumbing Code adopted by the Town and maintain such device in
a functional operation condition. Evidence of West Sanitation District’s decision on
whether a backwater device is needed shall be provided prior to the issuance of a building
permit.
115. BEST MANAGEMENT PRACTICES (BMPs): The Developer 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.
116. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the stormwater development runoff requirements. The Developer
or their design consultant 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.
117. REGULATED PROJECT: The project is classified as a Regulated Project per Provision C.3.b.ii.
and is required to implement LID source control, site design, and stormwater treatment
on-site in accordance with Provisions C.3.c. and C.3.d..
118. SITE DESIGN MEASURES: All projects shall incorporate at least one of 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 porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
119. BIORETENTION SYSTEM: The bioretention systems shall be designed to have a surface
area no smaller than what is required to accommodate a 5 inches/hour stormwater runoff
surface loading rate, infiltrate runoff through bioretention soil media at a minimum of 5
inches per hour, and maximize infiltration to the native soil during the life of the project.
The soil media for bioretention systems shall be designed to sustain healthy, vigorous
plant growth and maximize stormwater runoff retention and pollutant removal.
Bioretention soil media that meets the minimum specifications set forth in Attachment L
of Order No. R2-2009-0074, dated November 28, 2011, shall be used.
120. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is
recommended that the landscape architect ensure that the characteristics of the 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.
121. 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 Union Avenue frontage located within
the public right-of-way. The agreement must be completed and accepted by the Town
Attorney prior to the issuance of any grading or building permits.
122. 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
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 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.
123. 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 (3)
times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites in order to insure proper control of blowing dust
for the duration of the project. Watering on public streets shall not occur. Streets shall 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 (1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
124. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups,
dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
125. 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.
126. 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 stormwater
treatment facilities are to be used they shall be placed a minimum of ten (10) feet from
the adjacent property line and/or right-of-way. Alternatively, the facility(ies) may be
located with an offset between 5 and 10 feet from the adjacent property and/or right-of-
way line(s) if the responsible engineer in charge provides a stamped and signed letter that
addresses infiltration and states how facilities, improvements and infrastructure within
the Town’s right-of-way (driveway approach, curb and gutter, etc.) and/or the adjacent
property will not be adversely affected. No improvements shall obstruct or divert runoff
to the detriment of an adjacent, downstream or down slope property.
127. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner/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 the 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 owner/homeowner’s association 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 Engineering
Division of the Parks and Public Works Department, prior to the release of any occupancy
permits.
128. MAINTENANCE OF PRIVATE STREETS: It is the responsibility of the homeowners
association to implement a plan for street sweeping of paved private roads and cleaning
of all storm drain inlets.
129. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor 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.
130. 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 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.
131. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Prior to the issuance of an
encroachment, or grading or building permit, the Developer shall initiate a weekly
neighborhood email notification program to provide project status updates. The email
notices shall also be posted on a bulletin board placed in a prominent location along the
project perimeter.
132. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
133. 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 the recordation of the Final Map.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
134. FIRE SPRINKLERS REQUIRED: Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section or in
Sections 903.2.1 through 903.2.19, whichever is more restrictive. For the purposes of this
section, firewalls and fire barriers used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations. In other than residential buildings which require the installation of fire
sprinklers for all new buildings according to the California Residential Code, an automatic
sprinkler system shall be provided throughout all new buildings and structures. CRC Sec.
903.2 as adopted and amended by LGTC.
135. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED: 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 42 feet outside and 23 feet
inside, and a maximum slope of 15 percent. For installation guidelines refer to Fire
Department Standard Details and Specifications Sheet A-1. CFC Sec. 503. Include all above
required dimensions on the plans.
136. PARKING: When parking is permitted on streets, in both residential/commercial
applications, it shall conform to the following:
• Parking is permitted on both sides of the street with street widths of 36 feet or more.
• Parking is permitted on one side of the street with street widths of 28-35 feet.
• No parking is permitted when street widths are less than 28 feet.
137. 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 streets signs shall be installed at each
street intersection when construction of new roadways allow passage by vehicles in
accordance with Section 505.2 CFC Sec. 501.4
138. GROUND LADDER ACCESS: Ground-ladder rescue from second and third floor rooms shall
be made possible for fire department operations. With the climbing angle of 75 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. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
139. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specifications SI-7. Provide
appropriate notations on subsequent plan submittals, appropriate to the project CFC
Chapter 33.
140. 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
applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
141. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other signs or means shall be used to identify
the structure. Address numbers shall be maintained. CFC Section 505.1
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