Item 06 - 15215 Shannon Rd - Staff Report Exh.7-10AJennifer Armer
From:
Sent:
To:
Subject:
Jennifer,
Molseed, Roy <Roy.Molseed @V TA.ORG >
Tuesday, August 23, 2016 9:54AM
Jennifer Armer
15215 Shannon Road
VTA has no comments on the Initial Study for the above project. Thanks.
Roy Molseed
Senior Environmental Planner
VTA
(408) 321-5784
Roy.mo l seed@vta.org
1
EXHIBIT 7
Jennifer Armer
From:
Sent:
To:
Cc:
Subject:
Attachments:
Dear Jennifer,
Lee, Darrin < Darrin.Lee@cep.sccgov.org>
Tuesday, August 30, 2016 3:59 PM
Jennifer Armer
Wien, Martha
Comments Regarding Draft Initial Study/ Mitigated Negative Declaration to the
proposed 15215 Shannon Rd (subd ivis ion)
Shannon Rd Sub .docx
Please find attached comments from the Department of Environmental Health.
Regards,
Darrin D. Lee, REHS, MSEM
Senior Environmental Health Specialist
County of Santa Clara
Department of Environmental Health
Consumer Protection Division
1555 Berger Drive, Suite 300, San Jose, CA 95112-2716
Phone: (408) 918-3435 Fax : (408) 258-5891
darrin.lee@deh.sccgov.org
www.ehinfo.org
NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals
named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing , copying, or
disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify
the sender by return email.
1
Comments regarding the initial study/mitigated negative declaration for the proposed 15215 Shannon
Road subdivision .
The Department of Environmental Health (DEH) contacted and confi rmed with representatives from
West Valley Sanitation District (WVSD) that the subject parcel has the abil ity to obtain sanitary sewer
service from the sanitation d istrict. San Jose Water Company confirmed it provides domesti c water to
15215 Shannon Road .
Although the subject property's domestic waste is being disposed of, via an onsite wastewater
treatment system (OWTS), DEH does not object to the proposed subdivision, provided the existing
property's OWTS is properly abandoned and connects to WVSD for sewage disposal , and approved by
the Local Agency Formation Commission (LAFCO) and other public agencie s.
For each ofthe proposed lots, sanitary sewer service and domestic wat er shall be obta ined by WVSD
and San Jose Water Company, respectively.
15215 Shannon Road
Response to Comments on Initial Study/Mitigated Negative Declaration
letter A-Santa Clara Valley Transportation Authority
A-1 The Town acknowledges and appreciates this comment. However, the comment is not
at variance with the content of the Draft Mitigated Negative Declaration (MND) and no
further response is required . This letter will be included in the administrative record as
part of the response to public comments and will be provided to the Town of Los Gatos
decision-making bodies for their review and consideration .
15215 Shannon Road
Response to Comments on Initial Study/Mitigated Negative Declaration
letter B-County of Santa Clara Department of Environmental Health
The Town concurs that the proposed project will be required to abandon the existing on site
wastewater treatment system and that LAFCO mu st approve the proposed annexation into the
West Valley Sanitation District. The initial study identified LAFCO anne xation approval as one of
the required approvals for the proposed project. Potential impacts on public utilities were
determined to be less than sign if icant .
This Page
Intentionally
Left Blank
Jennifer Armer
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Dear Jennifer,
Josine <josine smits@msn .c om >
Sunday, December 04, 2016 7:35 PM
Jennifer Armer
PD-15 -00115215 Shannon Ro ad
Foll ow up
Flagged
My husband Dirk and I have been re sidents at 15280 Shannon Road in Los Gatos since 1986. We
have experienced first hand the problem s created by storm-water run-off due to new development and
paving in our watershed . We have brought these issues to the attention of the Planning Department every few
years since 1996.
Regarding the planned development application for 15215 Shannon Road , has a study been conducted on the
run-off impact of the proposed hard surfaces, up to a 100-year storm? Will any of the additional run-off be
channeled toward Shannon Road? If so, that would inevitably lead to erosion and flooding of our property and
specifically of our 100 year old redwood barn.
Such high density hill-s ide development will also aggravate the traffic situation on Shannon. Shannon Road is a
popular route for bicycli st s but it ha s become very dangerous due to the endless stream of cars. Has a traffic
impact study been conducted? It is a residential street, but lately I am afraid to cross the street to pick up my
m ai l.
How will the views be affected, as see n from our hillside, by the new con struction and by the proposal to cut
down ancient and protected trees? How many heritage oaks are left in the hill s of Los Gatos? I have seen a
nesting pair of kites in those trees along the ridge almost every spring season since we have lived here. There
are also owls and several species of hawks. Ha s an environmental impact study been conducted?
Thank you for your h elp,
Jo sine Smits
15280 Shannon Ro ad
Los Gato s, CA 95032
EXHIBIT 9
1
This Page
Intentionally
Left Blank
To : Planning Commission, meeting of 12/14/16
Re : 15215 Shannon Road, PD15 -001
From : Dave Weissman , 12/8/16
I have comments on several areas of this application
R.ECEIVED
DEC 8-2016
TOWN OF LOS GATOS
PLANNING DIVISI ON
A. This 13-acre property, located in the unincorporated area of Santa Clara County, is presently
zoned A-20s-d1 (not HR-5, as indicated on almost all staff and applicant paperwork), according
to Santa Clara County Senior Planner Robert Salisbury. As such the minimum lot size is 20 acres,
and the present lot is classified as a "substandard" County lot that cannot be subdivided. The
Town has apparently pre-zoned this property as HR-5, which would permit a 2-lot subdivision
upon annexation, or double what the applicant was capable of if the property were to remain in
the County . This pre-zoning has been in place for many years, and was, at least, in place before
the 1989 Blossom Hill Open Space Study. Now the applicant wants to rezone the property to
HR-2 .5, yielding a possible 5 lots or five times what he was able to do in the County. This is a
major step backward in our hillside protection at a time when most citizens want increased
protection and less development in the hillsides. Additionally, this 13-acre property is
surrounded to the NE, E, and S by other properties zoned HR-5 and RC and some properties to
the near south are zoned HR-20. This initial 20 -acre minimum zoning reflected the County's
desire to protect its open spaces-in fact, the "A" in the current County zoning classification
designates this as "Exclusive Agriculture" (Santa Clara County Zoning Ordinance, Chapter
2.20.010. A).
The applicant's proposed rezoning is an abuse of the annexation process and should be denied .
Keeping the zoning HR-5, given that only two logical and obvious building sites (Lots 2 and 5)
occur on the property, is appropriate for the rural character of this hillside area . Additionally,
the HDS&G are very clear as to the purpose and intent ofthe PD designation (page 56}:
"The intent is to significantly reduce the amount of grading, roads , and other alterations to the existing
env ironment, to minimize the visual impact of the development, and to retain the maximum amount of
continuous open space in its natural state ."
Elsewhere (page 10), the HDS&G also warn that:
"Site characteristics and constraints along with the implementation of the HDS&G may not allow a
specific site to achieve the maximum density or intensity otherwise permitted by the Zoning Ordinance ."
There is no clustering of the proposed 4 new houses and, thus, no justification for a PD. If one
new house was built on Lot 5, and the house on Lot 2 retained, then the 5 requested exceptions
to the HDS&G could be reduced to 2 exceptions (development on ridgeline and road grades).
There would not be necessary exceptions for development outside the LRDA, excessive grading,
and too tall retaining walls. Plus, dozens of native trees would be saved.
With the addition of only one new home, the present 20-foot-wide access easement off of
Shannon Road could also be utilized, instead of the new 20-foot-wide private road that would
1
have to be constructed to connect to a Santella Drive extension. Both road alternatives present
problems but using the present road might save over a dozen trees, according to the Consulting
Arborist's report. Additionally, heavy construction equipment would not need to use Shady
Lane through the Highlands project, which is important since thi s private road has not yet been
accepted by the Town. I suspect the Highlands' Homeowner's A ss ociation would have
something to say about their road being torn up by another 2+ years of construction
equipment, and subsequent traffic, especially given the already precarious condition of Shady
Lane's recently refurbished surface, which is already showing much wear and cracking. And this
wear and tear consideration doesn't even consider the upcoming A&S for the Greenridge
Terrace subdivision, which proposes an additional 8 new houses using the roads through the
Highlands for all ingress and egress, including all construction activitie s. The citizens of Los
Gatos should not have to pay for road upkeep for such hillside developments -these roads
should remain private. What advantage would the Town have in making them public? It is
simply too expensive and detracts needed monies from more pre ssing issues within the Town,
including more and better paid staff so that the Town retains their services and they don 't leave
for more profitable, private sector jobs. Limiting this application to 2 houses and the use of
already existing, public Shannon Road , i s a win for the Town 's finances and the environment.
B. But even if you accept the HR-2.5, there are still problems with this proposal. The applicant's
visibility analysis is inadequate and outdated . This PC held 3 meetings in 2015 on revising the
Hill side Visibility Methodology, the last meeting occurring on 12/2/2015 (yes , more than 1 year
ago!). The TC, at their 2/2/16 meeting, subsequently se nt staff's proposed revi sions, based on
the PC's recommendations, back to staff for another rewrite. While staff ha s not yet come
forward with its next iteration, certain iss ues were agreed to by the PC, staff, and apparently,
the TC. The se iss ues include (1) Existing vegetation propose d to be removed entirely or partially
shall not be included in the view analysis; (2) Trees with a "poor" or "fair/poor" rating, by the
consulting arborist, would not be counted as providing screeni ng; and (3} Other viewing
platforms, as deemed appropriate, should be evaluated in addition to the 4 specific viewing
platform s li sted in the HDS&G .
These first two above consensus decisions have not been applied to the viewing analysis
pre sen ted by the applicant, and the PC should not have to reconsider these Methodology issues
again (I think that 8 hours of PC discu ss ion during 3 meetings in 2015 was sufficient). Ye s, I do
appreciate that this application is only for a revised zoning and not the A&S, but the two
aspects are inexorably linked with one another and the applicant is proposing specific pad
location s without telling us which trees will remain and which are to be removed. Should this
subdivision be. approved, then the applicant is entitled to eventually build 4 new houses. Your
decision tonight should be based on accurate and complete information.
The perils of not havin g complete information is illustrated by the propose d hou se for Lot 1.
The tree sc hematic prese nted with thi s application only highlights, in yellow, the 16 trees
probably affected by the new road construction. Not di sc us sed are tho se 18 trees just on Lot 1
at risk from construction . If we compare the proposed pad location with the Consulting
Arborist's tree report, a disturbing picture emerges. Specifically, there appear to be 9 live oaks
2
(trees # 12, 13, 15, 16, 29 , 34, 42, 168, 169} that would be removed by the house construction
plu s another 4 oaks (trees #1, 5, 7 , SO) that would be affected by the driveway and turnaround.
But p e rhaps most importantly are the 5 live oaks (trees# 8 , 9, 10, 11, 14) to the north that are
clo s e to the pad and provide screening from the valley floor . Four of these trees are rated as
"fair " and one is rated "poor ." From the start, the "poor" tree should not be counted a s
providin g screening based on prior PC decisions . But , based upon ongoing experiences with
how poorly even "fair" trees in the adjacent Highlands are negatively (and s ometimes fatally)
affected by adjacent construction activities , it is clear that these 4 "fair " trees are at e xtreme
ri s k of dying from nearby construction activities. Plus, the Consulting Arborist says of "fair "
trees that she does " ... not recommend going through too much trouble to retain th e m because
thes e "so-so" trees will require more intensive management and monitoring and may also have
s horter life spans than trees in the "good " category." Yet they are conside red as providing
s creening in the pres ented vi s ibility analysi s .
Addressing item (2) above, only 28 % of the "rel e vant" trees (i.e. those trees near proposed
con struction and roadways) on the 13 acres are in "good" or "fair/good " shape. Some 44% of
the evaluated trees are in "fair " shape. That leaves 47 tree s, or 28%, in "poor" or "fair/poor"
condition, and not countable as providing screening. But the appl icant has not analyzed where
these trees are and how the ir removals from screening considerations would affect the visibility
of the four propos ed, probably 2 story (as related to me by HMH Engineer, David Wilson)
houses . It is po ssible that after removing at ri s k trees from screening calculation s, the proposed
building pads should be moved elsewhere and, perhaps, even lot lines should be adjusted . But
who knows at this time since the informat ion is incomplete?
Additionally, the Town's Consulting Arborist has said that she is not able to accurately evaluate
many tree impacts because the Grading Plan scale is 1 :50, many trees are mis s ing on the plans,
and the plans are confusing in many places . Ms. E lli s says tha t s h e " ... requires m o re de t a il ed
pl a ns a t a la rger scale (e.g. 1:1 0 or 1 :2 0) in order to m ore accura t el y estim at e construc ti o n
impacts to th e t rees."
C. T hi s s ite was on ce eco logicall y d iver se as seen by the arbo r ist's d ocumentatio n of 4 s peci es o f
n ati ve oaks o n s ite . I say "was on ce d iverse" becau se the applicant admi ts, in "Comme nt s" to the
12110114 C DAC M eetin g, that, st artin g in 200 0, over 56 tons (my emphasis) of na t ive po i so n
oak m at erial w as rem oved fro m the si t e. T hi s m at erial would al so have in cl ud ed o ther
un der st o ry, n a tive s crub ve getati o n , and m ost impo rtantl y , sm a ll oak trees that would p rovide fo r
the n ex t generation . Su ch a p o i son oak-scrub under st ory a lso prevents erosio n a nd provid es foo d
and ho m es fo r m an y n ati ve animals . A d ynami c, h ealthy oak w o odl and, w ith trees of m a n y
d iffere nt ages, would a lso a ssist in continuing to scr een new cons truc ti on . Thi s si te is now fu ll of
agin g and over pruned oak trees w h ich will be d r am at ic all y , and n egati vel y, affect ed b y th e
prop osed construc ti o n b ecause t hey w ill h ave littl e ph ys io logical to leran ce fo r su ch disturba nces.
O ne o nl y ha s to look a t the a dj acent Hi ghl a nd s ' develo pm e nt to see the exte ns ive m orta lity, fro m
con s tru c ti o n , infl ic te d o n "fa ir" and "p oor" cond it io n oak trees , w hi c h compri se 72 % o f the
r ele va nt oak trees in thi s proposed devel opment. D u ring m y r ecent s ite v is it , at th e k in d
3
in vitatio n of Mr. Sahadi, I noted the continued, almost complete lack of any und erstory
vegetat ion in the oak woodland areas. In fact, there was a gentleman s prayi ng the gro und in the
area of the proposed house on Lot 1. This is not good stewardship ofhillside property.
D. The proposed house pads on Lots 1, 3, and 4 are all located within semi-dense, evergreen oak
forests. Any house built in these locations will be in deep shadows for much of the d ay,
especially in winter. I suspect that such conditions will incentivi ze the new home ow ne rs to take
poor care of their trees hoping that they will die and thus provide a sunnier resid e nce and b ett e r
views of the valley floor , especially for the house on Lot 1. We should always remember that the
HDS&G strive, as one overarching o bjective , to "Maintain the natural appearance of the hillsides
from all vantage points (my e mphas is) includin g the valley floor."
In conclusion, I request that yo u s upport the following:
I. Reject the proposed HR-2.5 PD s ubdivi sion and leave the property as HR-5 as th e Town
pre-zoned this parce l ma ny, many years ago. There is absolutely no benefi t to th e Town
to permit such an intensification of development. And to permit a change to HR-2.5 sets a
bad precedent for future development in this area. As development marches farther west
into the Santa Cruz Mountains, minimum parcel size should increase.
2. Designate the private dri veway off of Shannon Road as the preferred access for this
property, even if such means working with the adjacent neighbor Murphy fo r an
easem ent.
3. Approve the proposed pad for Lot 5. Given the minimal environmental impact, especia ll y
on the trees, I think it would be reaso nabl e to grant an excepti o n to the HDS&G for
development o n a ridgeline. Bes ides , this rid geline has no vis ibility from any va ll ey fl oor
location .
4. Although still a work in progress , require that those elements of th e Vi s ib ilit y
Methodology approved by the PC at their 12 /2/15 meeting be complied with. Should new
co nstructi on only b e permitted on Lot 5, thi s would then become a moot point.
5. Encourage th e property owner(s) to let these lands restore their own ecological balance,
v ital ity, and v iability b y ceasing to s pray und er oaks and permitting the n ati ve understory
vegetati on to grow ba ck. Of course, where fire protection is essential within 30-100 feet
of a r esiden ce, then selective clearing of vegetation is sa nction ed b y the HDS&G.
6. Keep Santella Road and that secti o n of Shady Lane within the Hi ghl ands ' proj ec t as
private roads. I suggest that the h omeowners in th e Hi ghlands development be polled and
asked the se specific questions: Are you aware that there are proposals currently before
4
the Town, for another 12 new residences to use Santella Road and Shady Lane as ingress
and egress for all construction and subsequent resident traffic? Are you aware that the
Town might not accept these two roads as public? If the latter occurs, then the Highlands '
HOA will be responsible for maintenance and upkeep costs of their own road s .
5
This Page
Intentionally
Left Blank
ORDINANCE
Draft Ordinance : subject to
modification by Town Council
ba sed on
deliberations and direction
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING T H E TOWN CODE EFFECT I NG A ZONE CHANGE
FROM HR-5(PREZONE) TO HR-2 1/2:PD
FOR PROPERTY LOCATED AT
15215 SHANNON ROAD (APN: 537-25-002)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS :
SECTION I
The Town Code of the Town of Lo s Gato s is hereby amended to change the zon i ng on
property at 15215 Shannon Road (Santa Clara County Assessor Parcel Number 537 -25-002) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from HR-5
(prezone) (Hillside Residential) to HR-2 Yl:PD (Hillside Residential, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone establ is hed by thi s Ordinance authorizes
the following construction and use of improvements:
1. Con struction of four market rate single-family detached residences .
2 . Landscaping, private street, parking and other improvements shown and required on
the Official Development Plans.
3 . Uses permitted are those specified in the HR -2 1/2 (Hillside Residential) zone by
Sections 29.40.230 (Permitted Uses), as it ex ists at the time ofthe adoption of this
Ordinance, or as they may be amended in the future.
Page 1 of 31 EXHIBIT 1 '0
SECTION Ill
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS:
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Annexation, a Tentative Subdivision Map, and Architecture and Site Approvals are
required before construction of subdivision improvements or new residences, whether or not a
permit is required for the work and before any permit for construction is issued . Construction
permits shall only be in a manner complying with Section 29.80.130 of the Town Code .
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan . The followin g performance sta ndard s must be complied with
before issuance of any grading, or construction permits (mitigation measures are so noted and
are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUN ITY DEVELOPMENT:
Planning Division
1. OFFICIAL DEVELOPMENT PLANS. The Officia l Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process.
2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any app licant who receive s a permit or entitlement from the Town shall defend,
indemnify, and hold harmle ss the Town and its officials in any action brought by a third
party to overturn, set aside , or void the permit or entitlement. Thi s requirement i s a
condition of approval of all such permits and entitlements whether or not express ly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
Page 2 of 31
3. ANNEXATION REQUIRED. An Annexation application shall be submitted prior to
approval of a Subdivision Map, and shall be approved by Town Council and LAFCO prior
to recordation of Parcel Map or applicat ion for grading or building permits.
4. SUBDIVISION REQUIRED . A Tentative Subdivision Map application shall be approved for
the project prior to the issuance of building permits . The Development Review
Committee may be the deciding body of the tentative map.
5 . ARCHITECTURE AND SITE APPROVAL REQUIRED . A separate Architecture and Site (A&S)
application and approval is requi r ed for each of the new re sidences. The Architecture
and Site applications may be reviewed by the Development Review Committee if the
proposed floor area is less than 5,000 square feet. Architectural details, including
fencing and a project entry sign, shall be refined as part of this process with input from
the Town's Consulting Architect. A full A&S submittal shall be provided .
6 . FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's
Consulting Landscape Architect and approved as part of the Architecture and Site
proce ss. Minimum tree size at time of planting shall be 24-inch box.
7 . WATER CONSERVATION ORDINANCE REQUIREMENT . The proposed landscaping shall
meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. A review fee ba sed on the current
fee schedule adopted by the Town Council is requi r ed when working landscape and
irrigation plans are submitted for review prior to the issuance of a building permit.
8 . SETBACKS. The minimum setbacks are those specified by the HR-2 1/2 zoning district.
9 . OUTDOOR LIGHTING . All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting
shall be the minimum needed for pedestrian safety and security. Lighting specifications
shall be reviewed as part ofthe Architecture and Site process.
10. TREE PRESERVATION : All recommendat ions ofthe Town's Consulting Arborist shall be
followed . Refer to the report prepared by Deborah Ellis , dated June 15, 2015 for
additional details. The Town 's Arborist Consultant shall reevaluate the plans for the
new residences during Architecture and Site review.
Page 3 of 31
11. TREE REMOVAL PERMIT . A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
12. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table
in the Tree Protection Ordinance. New trees shall be double staked and shall be
planted prior to final inspection and issuance of occupancy permits.
13 . TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction . Refer to the report prepared by
Deborah Ellis dated June 15, 2015 for requirements. 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.
14. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final locations
and screening of all exterior utilities, including but not limited to, backflow preventers,
Fire Department connections, transformers, utility boxes and utility meters. Utility
devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval prior to issuance of
building permits for new construction.
15. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to
whichever is more restrictive .
16. GENERAL PROVISIONS. This Planned Development shall comply with provisions in Town
Code Sections 29.40.015 through 29.40 .070, and Article V, unless more restrictive
provisions are required in other performance standards for the subject Planned
Development.
17. BELOW MARKET PRICE (BMP) IN-LIEU FEE: A Below Market Price (BMP) in-lieu fee shall
be paid by the property owner/developer pursuant to Town Code Section 29.10.3025
and any applicable Town Resolutions. The fee amount shall be based upon the Town
Council fee resolution in effect at the time a final or vesting tentative map is approved.
18. DEVELOPMENT OUTSIDE PROPERTY LINES : Development shall take place within
Page 4 of 31
property lines unless written permission is obtained from neighboring property owners.
19 . AIR QUALITY MITIGATION MEASURE AIR -1 *: BAAQMD -Recommend Basic Con struction
Mitigation Measures. To lit;nit the project's construction-related du st and criteria
pollutant emissions, the following the Bay Area Air Quality Management Dist rict
(BAAQMD)-recommended Basic Construction Mitigation Measures shall be included in
the project's grading plan, building plans, and contract specifications:
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. Recycled water
should be used wherever feas ible.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day . The use of dry
power sweeping is prohibited .
d. All vehicle speed s on unpaved road s shall be limited to 15 mph .
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible.
f . Idlin g times shall be minimized either by shutting equipment off when not in use
or reducing the ma ximum idling time to five minutes (as required by th e
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulation s [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All con struction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. Post a publicly visible sign with the telephone number and person to co ntact at
the Town regarding dust complaints. Thi s person shall respond and take
Page 5 of 31
corrective action within 48 hours. The BAAQMD 's phone number shall al so be
visible to ensure compliance with applicable regulations.
20. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-1 *:Special-s tatus and Migratory
Bird Species . The following avoidance mea sures shall be required to avoid the project's
potential effects on Cooper's hawk, and other special-status and migratory bird species.
a. Raptor Nests . Prior to the removal or significant pruning of any trees, they shall
be inspected by a qualified biologist for the presence of raptor nests. Thi s is
required regardless of the season. If a suspected raptor nest is discovered, the
California Department of Fish and Wildlife (CDFW) shall be notified . Pursuant to
California Fish and Game Code (CFGC) Section 3503.5, raptor nests, whether or
not they are occupied, may not be removed until approval is granted by the
CDFW .
b. Tree Work Outside of Breeding Season. If clearing and grubbing and tree
removal or pruning are to be conducted outside of the breeding season (i.e.,
September 1 through January 31), no preconstruction surveys for nesting
migratory birds is necessary.
c. Tree Work During Breeding Season. If clearing and grubbing and tree removal or
pruning are to be conducted during the breeding season (i.e., February 1
through August 31), a preconstruction nesting bird survey shall be conducted.
The survey shall be performed by a qualified biologist no more than two weeks
prior to the initiation of work. Preconstruction surveys should include all tree s,
large shrubs, or other areas of potential nesting habitat within the construction
footprint or within 250 feet of the footprint . If no nesting or breeding activity is
ob se rved , work may proceed without restrictions. To the extent allowed by
access, all active nests identified within 76 m (250 feet) for raptors and 15 m (50
feet) for passerine s shall be mapped.
d. For any active nests detected near the construction limits (76 m [250 feet] for
raptors and 15m [SO feet] for passerine s), the qualified biologist shall make a
determination as to whether or not construction activities are likely to disrupt
Page 6 of 31
reproductive behavior. If it is determined that construction is unlikely to disrupt
breeding behavior, then construction may proceed. If it is determined that
construction may disrupt breeding, then a suitable construction-free buffer
should be established around all active nests where disruption of breeding may
occur. The precise dimension of the buffer (up to 250ft) would be determined
at that time and may vary for each nest depending on location, species,
topography, lines of site between the work area and the nest, physical barriers,
and the ambient level of human activity. The buffer areas should be enclosed
with temporary fencing, and construction equipment and workers should not
enter the enclosed setback areas. Buffers should remain in place for the
duration of the breeding season or until it has been confirmed by a qualified
biologist that all chicks have fledged and are independent of their parents.
e. If maintenance of a no-construction buffer zone is not feasible, the qualified
biologist shall monitor the nest(s) to document breeding and rearing behavior of
the adult birds. If it is determined that construction activities are likely to cause
nest abandonment, work shall cease immediately and the CDFW and/or the
United States Fish and Wildlife Service (USFWS) Division of Migratory Bird
Management shall be contacted for guidance. Work may not resume until an
agreement has been reached with the authorities specifying the conditions
under which work may proceed.
21 . BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-2*: Special-status Bats . The
following avoidance measures shall be required to avoid the project's potential effects
on hoary bat or other special-status bat species.
a. A preconstruction survey shall be conducted by a qualified biologist to identify
suitable bat roosting sites . If no evidence of roosting is detected, no further
avoidance or minimization measures are necessary.
b. Any trees determined to support or potentially support maternal roosting sites
may only be removed or demolished under guidance and recommendations of
the bat biologist to avoid and minimize impacts and comply with the CDFG.
Page 7 of 31
Passive exclusion of roosting bats would be required and this may only be
performed during the non-breeding season (i.e., between September 15 and
March 1).
c. Any trees determined to provide suitable day or night roosting sites shall be
identified and marked on site plans. Such roosting sites include snags, rotten
stumps, and decadent trees with broken limbs, exfoliating bark, cavities,
openings leading to interior portions of any structures. If no suitable roost sites
or evidence of bat roosting are identified, impact minimization measures are not
warranted. If suitable roosting sites or evidence of bat roosting are identified,
the following measures shall be conducted:
i) A qualified biologist shall survey suitable roost sites immediately prior to the
removal or significant pruning of any of the larger trees, or demolition or
significant renovation of any structures.
ii) If the qualified biologist identifies suitable day or night roost sites or
evidence of bat occupation, the following steps shall be followed to
discourage use of the sites by bats and to ensure that any bats present are
able to safely relocate. For trees:
• Tree limbs smaller than 7 .6 em (3 in) in diameter shall be removed and
any loose bark shall be peeled away.
• Any competing limbs that provide shelter around the potential roost site
shall be removed to create as open of an area as possible.
• The tree shall then be left alone to allow any bats using the tree/snag to
find another roost during their nocturnal activity period .
• The qualified biologist shall survey the trees a second time 48 hours after
trimming.
• If no bats are present, work may proceed.
• If bats remain on the site, additional measures would be prescribed by
the biologist .
d. Pre-demolition bat surveys should be conducted to determine if bats are
Page 8 of 31
present in structures onsite. If no bats are observed to be roosting in structures
identified as potentially suitable habitat, then no further action is required, and
dismantling of the structures can proceed. However, if bats are found to be
roosting in structures on the site, the project proponents shall exclude bats prior
to dismantling any structures to ensure no harm or take would occur to any bats
as a result of demolition activities. Dismantling of structures should occur after
September 15 and before March 1 to avoid interfering with an active nursery. If
a non-breeding bat colony is found in the structures, the individuals should be
safely evicted under the direction of a qualified bat biologist through a "partial
dismantle" process, whereby the roosting area is opened to allow airflow
through and sunlight into the structure, making it unsuitable habitat and
undesirable for the bats to return to the site . Full dismantling should then follow
no later than the following day (i.e., there should be no less than one night
between initial disturbance for airflow and the demolition). This action should
allow bats to leave during the night, thus increasing their chances of finding new
roosts with a minimum of potential predation during daylight hours.
22 . BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-3*: San Francisco Dusky-footed
Woodrat (SFDW). To ensure no take of SFDW occurs, the following protective measures
shall be followed.
a. A pre-construction wildlife survey shall be performed prior to any land clearing
activities within the identified construction area to search for woodrat nests. If
no nests are detected, no further avoidance measures are warranted.
b . If a woodrat nest is detected, it shall be mapped in relation to the proposed
limits of work. If the nest can be avoided, it shall be isolated from the work zone
by installation of wildlife exclusion fencing.
c. If a woodrat nest is in the work zone and it cannot be avoided, site clearing shall
be performed during the non-breeding season (e .g., September 1 through
November 30). During the non-breeding season, the nest shall be disassembled
by hand and the nest materials (e.g., sticks) removed and disposed of off-site.
Page 9 of 31
Any adult animals will be passively relocated into the adjacent woodland
habitat. This work shall be supervised by a qualified biologist. Upon completion,
the biologist shall notify CDFW of the translocation work.
d. If site clearing must proceed during the breeding season, it will be necessary to
determine whether or not the nest is currently occupied. This may be done by
direct observation over the course of at least two evenings no more than 48
hours prior to nest disassembly. Direct observation may consist of installation of
wildlife cameras at the nest or by a biologist on the ground. If no animals are
observed, the nest may be disassembled by hand. If, during the process of
disassembling the nest, live animals are encountered, nest materials shall be
replaced on top of the nest and the effort abandoned. Nests may not be
disassembled if young wood rats are present . Construction must then be
postponed until the end ofthe breeding season.
23. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-4*: Tree Replacement and
Protection. Prior to the removal of any trees, a tree removal permit shall be obtained
from the Town of Los Gatos, and all of the conditions oft he permit shall be followed
during tree removal. Tree replacement plantings shall be in conformance with Table 3-1
(Tree Canopy-Replacement Standard} of the Town's Tree Protection Ordinance and
Appendix A of the Hillside Development Standards and Guidelines. The project
applicant shall be required to implement recommendations made by the Town's
consulting arborist, Deborah Ellis, MS, in the report dated June 15, 2015 as well as any
subsequent updates.
24 . CULTURAL RESOURCES MITIGATION MEASURE CUL-l*: Archaeological Resources.
Construction personnel involved with earthmoving shall be alerted to the potential for
the discovery of prehistoric materials. Prehistoric archaeological materials might include
obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers} or
toolmaking debris; culturally darkened soil ("midden"} containing heat-affected rocks,
artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles,
handstones, or milling slabs}; and battered stone tools, such as hammerstones and
Page 10 of 31
pitted stones. Historic-period materials might include stone, concrete, or adobe
footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic
refuse.
If prehistoric or historic-period archaeological resources are encountered, all
construction activities within 50 feet shall halt and the Community Development
Director shall be notified . A Secretary of the Interior-qualified archaeologist shall
inspect the findings within 24 hours of discovery. If it is determined that the project
could damage a historical resource or a unique archaeological resource (as defined
pursuant to the CEQA GuidelinesL mitigation shall be implemented in accordance with
Public Resources Code (PRC) Section 21083.2 and Section 15126.4 of the CEQA
Guidelines, with a preference for preservation in place. Consistent with Section
15126.4(b)(3), this may be accomplished through planning construction to avoid the
resource; incorporating the resource within open space; capping and covering the
resource; or deeding the site into a permanent conservation easement. If avoidance is
not feasible, a qualified archaeologist shall prepare and implement a detailed treatment
plan in consultation with Community Development Department. Treatment of unique
archaeological resources shall follow the applicable requirements of PRC Section
21083.2. Treatment for most resources shall consist of (but would not be not limited to)
sample excavation, artifact collection, site documentation, and historical research, with
the aim to target the recovery of important scientific data contained in the portion(s) of
the significant resource to be impacted by the project. The treatment plan shall include
provisions for analysis of data in a regional context, reporting of results within a timely
manner, curation of artifacts and data at an approved facility, and dissemination of
reports to local and state repositories, libraries, and interested professionals.
25. CULTURAL RESOURCES MITIGATION MEASURE CUL-2*: Mitigation Measure CUL-2:
Paleontological Resources. Prior to the commencement of construction activities, the
project applicant or its successor(s) in interest shall provide for a qualified
paleontologist to provide construction personnel with training on procedures to be
followed in the event that a fossil site or fossil occurrence is encountered during
Page 11 of 31
construction. The training shall include instructions on identification techniques and
how to further avoid disturbing the fossils until a paleontological specialist can assess
the site. An informational package shall be provided for construction personnel not
present at the meeting. In the event that a paleontological resource (fossilized
invertebrate, vertebrate, plant or micro-fossil) is found during construction, excavation
within 50 feet of the find shall be temporarily halted or diverted until the discovery is
evaluated . Upon discovery, the Community Development Director shall be notified
immed iately and a qualified paleontologist shall be retained to document and assess
the discovery in accordance with Society of Vertebrate Paleontology's 2010 Standard
Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological
Resources, and recommend procedures to be followed before construction is allowed
to resume at the location of the find. If the Community Development Director
determines that avoidance is not feasible in light of project design, logistics, and costs,
the paleontologist will prepare a recommended excavation plan, subject to review and
approval by the Community Development Director, for mitigating the project's impact
on this resource, including preparation, identification, cataloging, and curation of any
salvaged specimens.
26. CULTURAL RESOURCES MITIGATION MEASURE CUL-3*: Human Remains. In the event of
discovery or recognition of any human remains during construction activities, such
activities within 50 feet of the find would cease until the San Mateo County Coroner has
been contacted to determine that no investigation of the cause of death is required.
The Native American Heritage Commission (NAHC) shall be contacted within 24 hours if
it is determined that the remains are Native American. The NAHC would then identify
the person or persons it believes to be the most likely descendant from the deceased
Native American, who in turn would make recommendations to the Town of Los Gatos
for the appropriate means of treating the human remains and any grave goods.
27. GEOTECHNICAL MITIGATION MEASURE GE0-1 *:Geotechnical Investigation . For the
proposed roadway and each proposed residential unit, the project applicant(s) shall
consult with a registered geotechnical engineer to prepare a design-level geotechnical
Page 12 of 31
investigation that incorporates the recommendations in the Geologic and Geotechnical
Feasibility Study: Proposed Five-Lot Subdivision, Sahadi Property (UPP Geotechnology,
2015). The design-level geotechnical report shall address, but not be limited to, site
preparation and grading, building foundations, and CBC seismic design parameters. A
design -level geotechnical report shall be prepared and submitted in conjunction with
Building Permit application(s) and rev iewed and approved by the Town of Los Gatos.
Recommendations from the design-level geotechnical report sha ll be incorporated into
the final project design and construction documents.
28. HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-1 *:Fire Safety Plan During
Construction. The contractors for the proposed project and future residential
development shall prepare and implement f i re sa fety plans for construction operations
to prevent and respond to fire . The plan shall state that construction equipment be
equipped with fire prevention devices (e.g., spark arrestors) pursuant to Public
Re sources Code 4442. Water and firefighting tools (e.g. shovels, axes, fire extinguishers)
shall be maintained on si te during construction activities. The plan shall be reviewed
and approved by the Town of Lo s Gatos prior to i ss uance of demolition, grading, or
building permits.
29. NOISE MITIGATION MEASURE NOl -l*: Construction Specifications to Reduce Nois e. The
project applicant and its successors shall ensure that the following practices are
incorporated into the construction specification documents to be implemented by the
project contractor:
• Provide enclosures and mufflers for stationary equipment, shrouding or shielding
for impact tools, and barriers around particularly noi sy operations, such as grading
or use of concrete sa w s within 50 feet of an occupied sensitive land u se.
• Use construction equipment with lower (less than 70 dB) noi se emission ratings
whenever possible, particularly air compressors and generators.
• Do not use equipment on which sound-control device s provided by the
manufacturer have be en altered to reduce noise control.
• Lo ca te stationary equipment, material stockpiles, and vehicle staging areas as far as
Page 13 of 3 1
practicable from sensitive receptors.
• Prohibit unnecessary idling of internal combustion engines.
• Implement noise attenuation measures to the extent feasible (i.e., such that they do
not impede efficient operation of equipment or dramatically slow production rates),
which may include, but are not limited to, noise barriers or noise blankets. The
placement of such attenuation measures shall be reviewed and approved by the Los
Gatos Building Division prior to issuance of development permit for construction
activities .
30. TRANSPORATION/TRAFFIC MITGATION MEASURE TRANS-1 *:Traffic Control Plan . The
project applicant shall work with the Engineering Division of the Town of Los Gatos's
Parks and Public Works Department to devise a traffic control plan for incorporation
into the construction bid documents (specifications) to ensure safe and efficient traffic
flow during periods when soil i s hauled off the project site. The plan shall include, but
not be limited to, the following measures:
• Hauling and delivery activities and designated truck routes shall be strategically
selected, timed and coordinated to minimize traffic di sruption to schools, resident s,
bu sinesses, special events, and other projects in the area . The school s located on
the haul route shall be contacted to help with the coordination of the trucking
operation to minimize traffic di sruption.
• Flag person s shall be placed at locations as necessary. All flag persons shall have the
capability of communicating with each other to coordinate the operation .
• Prior to construction, advance notification of all affected resident s and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation .
• Hauling of soil on or off-site shall not occur during the morning or evening peak
period s (between 7 :00a.m. and 9:00a.m. and between 4 :00p.m . and 6:00p.m.).
Page 14 of 31
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
31. 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 Applicant'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 Applicant's
expense.
32 . APPROVAL: This application shall be completed in accordance with all of 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.
33 . 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 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, Com cast, 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.
34. PUBLIC WORKS INSPECTIONS: The Applicant 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
Page 15 of 31
right-of-way. Failure to do so will result in penalties and rejection of work that went on
without inspection.
35. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed
because of the Applicant'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 Applicant shall request a walk-
through with the Engineering Construction Inspector before the start of construction to
verify existing conditions.
36. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction.
37. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
38. INSPECTION FEES : Inspection fees shall be deposited with the Town prior to the
issuance of any permits or recordation of the Parcel Map.
39. 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
Applicant.
40. 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
Page 16 of 31
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). A separate building permit, issued by the Building Department
on E. Main Street, is needed for grading within the building footprint.
41. GRADING ACTIVITY RESTRICTIONS : Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after the rainy season, as defined by
the State Water Resources Control Board (October 1-April 30), has ended.
42. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES : Not
including the exceptions granted by approval of this Ordinance, all grading activities and
operations shall be in compliance with Section Ill ofthe Town's Hillside Development
Standards and Guidelines. Not including the exceptions granted by approval of this
Ordinance, all development shall be in compliance with Section II of the Town's Hillside
Development Standards and Guidelines.
43 . DRAINAGE STUDY : Prior to the issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the Town Engineer: a drainage study of
the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that the
proposed drainage patterns will not overload the existing storm drain facilities; and
detailed drainage studies indicating how the project grading, in conjunction with the
drainage conveyance systems (including applicable swales, channels, street flows, catch
basins, storm drains, and flood water retarding) will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100-year flood.
44. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
Page 17 of 31
45 . SURVEYING CONTROLS: Horizontal and vertical controls shall be set and cert ified 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.
46. 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.
47. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls . Walls are not reviewed or approved by
the Engineering Division of Parks and Public Works during the grading permit plan
review process .
48 . GENERAL : The Applicant 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.
49. PARCEL MAP : A parcel map shall be recorded. Two (2) copies of the parcel 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 before any permits for new construction
Page 18 of 31
are issued .
SO. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity
fees shall be paid either immed i ately 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
confi rmation of payment of the se fee s shall be p rovided p r ior to map recordation .
51. PRIVATE UTILITIES-STREET: Prior to the recordation of a subdivision map the Applicant
shall place a note on the map, in a manner that meets the approval ofthe Town
Engineer that states : "The private st reets, utilities constructed w ithin this map shall be
owned, operated and maintained by the Applicant, successors or ass igns ."
52. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any permits are issued :
a. A 30-foot wide, emergency vehicle access easement, pedestrian ingress-egress
easement, public utility easement, and private sanitary sewer easement as
shown on the tentative map;
b. A 10-foot wide trail easement as shown on the tentative map .
53. 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.
54. GEOLOGY AND SOILS MITIGATION MEASURE : A geotechnical investigation shall be
conducted for the project to determine the surface and sub-surface conditions at the
site and to determine the potential for surface fault rupture on the site. The
geotechnical study shall provide recommendations for site grading as well as the design
of foundations, retaining walls, concrete slab-on-grade construction, excavation,
drainage, on-site utility trenching and pavement sections . All recommendations of the
investigation shall be incorporated into project plans.
55 . SOILS REVIEW: Prior to issuance of any permits, the Applicant's engineers shall prepare
Page 19 of 31
and submit a design-level geotechnical/geological investigation for review and approval
by the Town. The Applicant's soils engineer shall review the final grading and drainage
plans to ensure that designs for foundations, retaining walls, site grading, and site
drainage are in accordance with their recommendations and the peer review
comments. Approval of the Applicant's soils engineer shall then be conveyed to the
Town either by letter or by signing the plans .
56. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project's design-level geotechnical/geological
investigation as prepared by the Applicant's engineer(s), 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 Applicant.
57. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit.
58. UTILITIES : The Applicant 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 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 bu ilding can be issued. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
59. 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 Applicant's
surveyor shall prepare the legal description and plat. The Applicant shall pay any
recordation costs.
60. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of
involved parties shall accompany any proposed private easement . Access driveway shall
Page 20 of 31
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 building permit
or realigned acces s driveway shall be completed prior to the issuance of building
permit.
61. FENCES: Fences between all adjacent parcel s will need to be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor's property
will need to 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
condition will require signed and notarized letters from all affected neighbors.
62. 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. The fee amount will be based upon the Town Council resolution
in effect at the time the building permit is issued. The fee shall be paid before issuance
of a building permit. The final traffic impact mitigation fee for this project shall be
calculated from the final plans u sing 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.
63. PRECONSTRUCTION PAVEMENT SURVEY: Prior to is suance of a Grading Permit, the
project applicant shall complete a pavement condition survey documenting the extent
of exi sting pavement defects using a 35 -mm, smartphone video (in Land scape
orientation only) or digital video camera. The survey shall extend from the intersection
of Shady Lane and Santella Court to the project site. The results shall be documented in
a report and submitted to the Town for review.
64. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant shall complete a
pavement condition survey and pavement deflection analysi s to determine whether
road damage occurred as a result of project construction and whether there were
change s in pavement strength. Rehabilitation improvements required to restore the
pavement to pre-construction condition and strength shall be determined using State
Page 21 of 31
of California procedures for deflection analysi s. The re sults shall be documented i n a
report and submitted to the Town for review and approval before a Certificate of
Occupancy for any new building can be issued . The Applicant shall be re sponsible for
completing any required road repairs prior to release of the faithful performance bond .
65 . CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand (10 ,000) pound s shall be allowed to park on the
portion of a street which abuts property i n a residential zone w ithout prior to approval
from the Town Engineer.
66. HAULING OF SOIL : Hauling of soil on-or off-site shall not occur during the morning or
evening peak periods (between 7:00a.m . and 9 :00a.m . and between 4 :00p.m . and
6:00p.m.), and at other times as specified by the Director of Parks and Public Works.
Prior to the issuance of a building permit, the Applicant 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 of
the project site . Thi s may include, but is not limited to pro visions for the
Applicant/Owner to place construction notification sign s 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.
67 . CONSTRUCTION HOURS: All subdivision improvements and site improvements
con struction acti v ities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00a.m. to 8:00p.m .,
weekday s and 9:00a.m . to 7:00p.m. weekend s and holidays. The Town may authorize,
on a ca se-by-ca se basis , alternate construction hours. The Applicant shall provide
written notice twenty-four (24) hours in advance of modified construction hours.
Approval of this request is at di scretion of the Town .
68. CONSTRUCTION NOISE: Between the hours of 8 :00a.m. to 8 :00p.m., weekdays and
9 :00a.m . to 7:00p.m. weekends and holidays, construction, alteration or repair
activities shall be allowed. No individual piece of equipment shall produce a noise level
Page 22 of 31
exceeding eighty-five (85) dBA at twenty-five (25) feet from the source . lfthe 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 e ighty-five (85) dBA .
69. CONSTRUCTION MANAGEMENT PLAN SHEET : Prior to the issuance of any permits, the
Applicant shall submit a con struction 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 ar ea,
materials storage area(s), concrete washout(s) and proposed outhouse locations.
Please refer to the Town 's Construction Management Plan Guidelines document for
additional information.
70. SHARED PRIVATE STREET : The private street accessing 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 .
71. 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 .
A Sanitary Sewer Clean-out is required for each property at the property line, or at a
location specified by the Town .
72. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304 .8 mm) above the elevation ofthe 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
Page 23 of 31
whether a backwater device is needed shall be provided prior to the issuance of a
building permit.
73 . STORMWATER MANAGEMENT: Construction activities includ i ng 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
WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP)
on the construction site and shall be made available to the Town of Los Gatos
Engineering Division of the Parks and Public Works Department and/or Building
Department upon request.
74 . 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 materiat 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.
75. STORMWATER DEVELOPMENT RUNOFF: (10 kSF and Up) 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 .
76 . 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.
Page 24 of 31
c. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
77. INFILTRATION TRENCHES: The following requirements apply to the proposed infiltration
trenches :
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical
engineer shall review the design of the infiltration trenches and retaining walls
along the portion of the road within the property boundary and determine
whether additional structural supports are needed to ensure stability of the
road and the adjacent hillside during the wet season .
b. The assumed infiltration rate of 0.67 in/hr shall be verified with actual site-
specific soils data prior to the Final Stormwater Control Plan for the road and
development on each lot, and if the infiltration rate is lower than 0.67 in/hr, a
hydrologic analysis shall be conducted to ensure that the proposed trench sizes
are adequate.
c. If the lots are to be developed individually, each lot shall provide infiltration
trenches consistent with the final stormwater control plan for the project, sized
based on the actual amount of impervious surface to be created on the lot.
d . The road and infiltration trenches shall be protected from sediment generated
during construction of homes on the lots. The proposed source control
measures shall be indicated on the project plans.
e. Maintenance of stormwater treatment and the infiltration trenches shall be the
responsib i lity of the property owner and/or future property owners. A
maintenance agreement shall be prepared establishing the property owner or
owners' responsibility.
78. 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
Page 25 of 31
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.
79. 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,
Page 26 of 31
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 a pply (non-toxic) soil stabilizers on all unpaved access road s,
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
nece ss ary by the Town Engineer, or at lea st 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 loo se debris shall be covered.
80. DUST CONTROL : The following measure s shall be implemented at construction sites
greater than four (4) acre s in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded area s inactive for ten days or more).
b. Enclo se, cover, water twice daily or apply (non-toxic) soil binders to expo sed
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 area s as quickly as po ss ible .
81. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirement s of
the CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the Town's grading and erosi on
control ordinance, and other generally accepted engineering practice s for erosion
Page 27 of 31
control as required by the Town Engineer when undertaking construction activities .
82. 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 reu se via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surface s. If
dry wells are to be used they shall be placed a minimum of ten {10) feet from the
adjacent property line and/or right-of-way. No improvements shall obstruct or divert
runoff to the detriment of an adjacent, downstream or down slope property.
83. STORM WATER MANAGEMENT PLAN: (ONLY FOR CREATING/REPLACING 10,000 SF) A
storm water management shall be included with the grading permit application for all
Group 1 and Group 2 projects as defined in the amended provisions C.3 of the
Municipal Regional Stormwater NPDES Permit, Order R2-2015-0049, NPDES Permit No .
CAS612008 . The plan shall delineate source control mea sures and BMPs together with
the sizing calculations. The plan shall be certified by a professional pre-qualified by the
Town . 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 thi s
possibility.
84. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the
storm water management plan : "The biotreatment soil mi x used in all stormwater
treatment landscapes shall comply with the specifications in Attachment L of the 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."
85. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
Page 28 of 31
MAINTENANCE OBLIGATIONS: (ONLY FOR CREATING/REPLACING OVER 10,000 SF) 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.
86. MAINTENANCE OF PRIVATE STREETS: It is the responsibility ofthe property
owner(s)/homeowners association to implement a plan for street sweeping of paved
private roads and cleaning of all storm drain inlets .
87. SILT AND MUD IN PUBLIC RIGHT-OF-WAY : It is the responsibility of Contractor and
homeowner 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.
88 . 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
Applicant'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 Applicant's
expense.
89. PERMIT ISSUANCE : Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
90. COVERED TRUCKS : All trucks transporting materials to and from the site shall be
covered.
Page 29 of 31
91. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements a.nd easements are acceptable
shall be provided prior to the recordation of the parcel map.
92. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and
geotechnical engineering studies shall be performed in support of the design of the
infrastructure and the residences, and the reports and plans shall be submitted to the
Town for review.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
93. WATER PLAN: A 'Conceptual Water Plan ' shall be resubmitted for evaluation prior to
approval of Architecture and Site Review of any future residences.
94. STREET DESIGN : Standard street design requirements shall apply.
Page 30 of 31
This Page
Intentionally
Left Blank