Attachment 11 - Draft Resolution to Deny Appeal and Approve Project, with Exhibits A and BRESOLUTION 2022- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE TO EXCEED FLOOR AREA RATIO STANDARDS WITH REDUCED FRONT AND SIDE YARD SETBACKS ON
NONCONFORMING PROPERTY ZONED R-1D.
APN 410-15-022
ARCHITECTURE AND SITE APPLICATION: S-21-013
PROPERTY LOCATION: 118 OLIVE STREET
APPELLANT: SHELLI BAKER
PROPERTY OWNER: THOMAS AND MEREDITH REICHERT APPLICANT: JAY PLETT, ARCHITECT
WHEREAS, on January 12, 2022, the Planning Commission held a public hearing and
considered a request for demolition of an existing single-family residence and construction of a
new single-family residence to exceed floor area ratio standards with reduced front and side yard
setbacks on nonconforming property zoned R-1D. The Planning Commission continued the
Architecture and Site application to a date certain and provided direction to the applicant.
WHEREAS, on February 9, 2022, the Planning Commission held a public hearing and
considered the continued request for demolition of an existing single-family residence and
construction of a new single-family residence to exceed floor area ratio standards with reduced
front and side yard setbacks on nonconforming property zoned R-1D. The Planning Commission
approved the Architecture and Site application subject to conditions of approval.
WHEREAS, on February 22, 2022, the appellant, an interested person, filed a timely
appeal of the decision of the Planning Commission approving the request for demolition of an
existing single-family residence and construction of a new single-family residence to exceed floor
area ratio standards with reduced front and side yard setbacks on nonconforming property zoned
R-1D.
WHEREAS, this matter came before the Town Council for public hearing on April 5, 2022,
and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents.
ATTACHMENT 11
Draft Resolution to
be modified by Town
Council deliberations
and direction.
The Town Council considered all testimony and materials submitted, including the record of
the Planning Commission proceedings and the packet of material contained in the Council
Agenda Report for their meeting on April 5, 2022, along with any and all subsequent reports
and materials prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for
demolition of an existing single-family residence and construction of a new single-family
residence to exceed floor area ratio standards with reduced front and side yard setbacks on
nonconforming property zoned R-1D is denied and the application is approved.
2. The Town Council hereby adopts all findings, considerations, and conditions of
approval set forth in the documents attached as Exhibits A and B.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of April, 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
N:\DEV\RESOS\2022\Olive Street, 118 - Deny Appeal.docx
TOWN COUNCIL – April 5, 2022
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
118 Olive Street
Architecture and Site Application S-21-013
Requesting Approval for Demolition of an Existing Single-Family Residence and
Construction of a New Single-Family Residence to Exceed Floor Area Ratio (FAR) Standards with Reduced Front and Side Yard Setbacks on Nonconforming Property Zoned R-1D. APN 410-15-022. PROPERTY OWNER: Thomas and Meredith Reichert APPLICANT: Jay Plett, Architect PROJECT PLANNER: Sean Mullin
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303:
New Construction.
Required finding for the technical demolition of existing structures:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of
existing structures:
1. The Town's housing stock will be maintained as the single-family residence will be
replaced.
2. The existing structure has no architectural or historical significance.
3. The property owner does not desire to maintain the structure as it exists; and
4. The economic utility of the structures was considered.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations) with the exception of the requests to exceed Floor Area Ratio (FAR)
standards, for reduced front and side yard setbacks, and for an exemption from the
parking requirements.
EXHIBIT A
Required finding to exceed floor area ratio (FAR) standards:
■ As required by Section 29.40.075(c) of the Town Code for allowing a FAR in excess of
the FAR standards in the Town Code:
1. The design theme, sense of scale, exterior materials, and details of the proposed
project are consistent with the provisions of the adopted residential development
standards; and
2. The lot coverage, setbacks, and FAR of the proposed project are compatible with
the development on surrounding lots.
Required finding for reduced side setbacks on a nonconforming lot:
■ As required by Section 29.10.265(3) of the Town Code for modification of zoning
rules on nonconforming lots, including setback requirements:
1. The subject property is nonconforming with regard to lot size.
2. The front and left-side setbacks of the new residence are compatible with the
neighborhood.
Required finding for an exemption to single-family parking requirements:
■ As required by Section 29.10.150(h)(2) of the Town Code for reduced parking where
it can be shown that the lot does not have adequate area to provide parking as
required:
1. The subject property is nonconforming with regard to lot size with inadequate
area to meet the single-family parking requirement. The existing residence
includes a one-car garage that does not meet the required dimensions for a
parking space. The proposed residence includes a one-car garage that would
meet the required dimensions and would be consistent with the neighborhood
pattern of one-car garages.
Required compliance with the Residential Design Guidelines:
■ The project is in compliance with the Residential Design Guidelines for single-family
residences not in hillside areas. The project was reviewed by the Town’s Consulting
Architect and recommendations were provided to address the consistency of the
project with the Residential Design Guidelines. The applicant responded to all
recommendations.
CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of
an Architecture and Site application were all made in reviewing this project.
TOWN COUNCIL – April 5, 2022 CONDITIONS OF APPROVAL
118 Olive Street
Architecture and Site Application S-21-013
Requesting Approval for Demolition of an Existing Single-Family Residence and
Construction of a New Single-Family Residence to Exceed Floor Area Ratio (FAR)
Standards with Reduced Front and Side Yard Setbacks on Nonconforming Property
Zoned R-1D. APN 410-15-022.
PROPERTY OWNER: Thomas and Meredith Reichert APPLICANT: Jay Plett, Architect PROJECT PLANNER: Sean Mullin TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission 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. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
4. 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.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6. EXISTING TREES: 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.
7. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report for the project, on file in the
Community Development Department. These recommendations must be incorporated in
the building permit plans and completed prior to issuance of a building permit where
applicable.
8. TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
EXHIBIT B
9. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town
of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
12. 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.
13. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
14. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing
single-family residence. A separate Building Permit is required for the construction of the
new single-family residence and attached garage. An additional Building Permit will be
required for the PV System if the system is required by the California Energy Code.
15. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2020, are the 2019 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
16. 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.
17. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
18. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
19. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management District
Application from the Building Department Service Counter. Once the demolition form has
been completed, all signatures obtained, and written verification from PG&E that all
utilities have been disconnected, return the completed form to the Building Department
Service Counter with the Air District’s J# Certificate, PG&E verification, and three (3) sets of
site plans showing all existing structures, existing utility service lines such as water, sewer,
and PG&E. No demolition work shall be done without first obtaining a permit from the
Town.
20. 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.
21. 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.
22. 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
23. 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.
24. 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 wide 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.
25. 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.
26. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
27. 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.
28. BLUEPRINT 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 Blueprint for a fee or online at
www.losgatosca.gov/building.
29. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
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 & PUBLIC WORKS:
Engineering Division
30. 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 Owner'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 Owner's expense.
31. 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.
32. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1
(Construction Plan Requirements) of the Town’s Engineering Design Standards, which are
available for download from the Town’s website.
33. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner or their representative shall repair
or replace all existing improvements not designated for removal that are damaged or
removed because of the Owner 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 Owner or their representative shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
34. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
35. 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.
36. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any building permits.
37. 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 Owner’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.
38. 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.
39. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: In the event
that, during the production of construction drawings and/or during construction of the
plans approved with this application by the Town of Los Gatos, it is determined that a
grading permit would be required as described in Chapter 12, Article II (Grading Permit) of
the Town Code of the Town of Los Gatos, an Architecture and Site Application would need
to be submitted by the Owner for review and approval by the Development Review
Committee prior to applying for a grading permit.
40. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work
unlawfully completed shall be charged double the current fee. As a result, the required
grading permit fees associated with an application for grading will be charged accordingly.
41. PRECONSTRUCTION MEETING: Prior to issuance of any building permits or the
commencement of any site work, the general contractor shall:
a. Along with the Owner, 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.
42. DEMOLITION: Within 60-days of the Development Review Committee approval action
being final (i.e. after the 10-day appeal period and no requested appeals being submitted
to the Town), the Property Owner shall record a Deed Restriction on each of the parcels in
question which prohibits the recording of a Certificate of Compliance until one of the two
(2) prerequisite actions occurs prior to the proposed recordation: 1) removal of any
structures which cross lot/property lines or 2) the Property Owner successfully obtaining
an Architecture & Site approval from the Town of Los Gatos for the demolition of the
existing house and construction of a replacement house.
43. WATER METER: The existing water meter, currently located within the Olive Street right-of-
way, shall be relocated within the property in question, directly behind the public right-of-
way line. The Owner 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
44. SIDEWALK REPAIR: The Owner 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.
45. CURB AND GUTTER REPAIR: The Owner 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.
46. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of-
way will only be allowed if it does not cause access or safety problems as determined by
the Town.
47. 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.
48. 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 a building permit, the Owner 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 Owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand and other
loose debris.
49. CONSTRUCTION HOURS: All 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 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The
Town may authorize, on a case-by-case basis, alternate construction hours. The Owner
shall provide written notice twenty-four (24) hours in advance of modified construction
hours. Approval of this request is at discretion of the Town.
50. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00
a.m. to 4:00 p.m. Saturdays, 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.
51. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any building permits,
the Owner’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,
Project Schedule, site security fencing, construction staging area, materials storage area(s),
construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer
to the Town’s Construction Management Plan Guidelines document for additional
information.
52. MAINTENANCE ACCESS: Prior to the issuance of any building permits, the Owner shall
propose maintenance access improvements for the Town Engineer to review, comment on,
and approve. The Engineering Division of the Parks and Public Works Department shall
approve the surface materials over each public easement.
53. BEST MANAGEMENT PRACTICES (BMPs): The Owner 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.
54. 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.
55. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous
domestic waste materials to be deposited in such a manner or location as to constitute a
threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful
discharges to storm drains include, but are not limited to: discharges from toilets, sinks,
industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or
vehicle cleaning.
56. 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.
57. 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 (20) miles per hour (MPH). All trucks
hauling soil, sand, or other loose debris shall be covered.
58. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended basic construction 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, or otherwise kept dust-free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site
shall be staged off-site until materials are ready for immediate loading and removal from
site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be
covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in
areas away from the adjacent residential homes.
e. 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, or as deemed appropriate by Town
Engineer. The use of dry power sweeping is prohibited. An on-site track-out control
device is also recommended to minimize mud and dirt-track-out onto adjacent public
roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
g. 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.
h. Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within forty-eight (48) hours. The Air District’s phone number shall also be visible to
ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint
number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
59. 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.
60. 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.
61. 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.
62. 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 Owner'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 Owner's expense.
63. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Immediately upon approval of
an encroachment permit, the Owner 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.
64. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
65. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
66. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A-1) An automatic residential fire
sprinkler system shall be installed in one- and two-family dwellings as follows: 1) In all new
one- and two-family dwellings and in existing one- and two-family dwellings when
additions are made that increase the building area to more than 3,600 SF whether by
increasing the area of the primary residence or by creation of an attached Accessory
Dwelling Unit. 2) In all new basements and in existing basements that are expanded by
more than 50%. 3) In all attached ADUs, additions or alterations to an existing one- and
two-family dwelling that have an existing fire sprinkler system. Exceptions: 1) One or more
additions made to a building after January 1, 2011 that does not total more than 1,000
square feet of building area and meets all access and water supply requirements of
Chapter 5 and Appendix B and C of the 2019 California Fire Code. This project is
categorized as a new dwelling according to scope.
67. 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). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
68. 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 sign or means shall be used to identify the
structure. Address numbers shall be maintained. CFC Sec. 505.1.
69. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
70. GENERAL: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]