10 Attachment 5 - August 9, 2023, Planning Commission Action LetterTOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408)354-6872 Fax (408) 354-7593
August 25, 2023
Jessie Bristow, Swenson Builders
740 Front Street, Suite 315
Santa Cruz, CA 95060
Via Email
RE: 15860-15894 Winchester Boulevard and 17484 Shelburne Way
Architecture and Site Application S-21-008
Conditional Use Permit Application U-21-010
Variance Application V21-003
Subdivision Application M-22-008
Mitigated Negative Declaration ND-22-001
Requesting Approval for Demolition of One Existing Office and Four Residential Buildings,
Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum
Height and Lot Coverage of the Zone, Merger of Four Lots Into One, and Removal of Large
Protected Trees on Property Zoned O. APNs 529-11-013, -038, -039, and -040. An Initial Study
and Mitigated Negative Declaration Have Been Prepared for This Project. Applicant/Property
Owner: Green Valley Corp. d.b.a. Swenson.
At its meeting of August 23, 2023, the Town of Los Gatos Planning Commission approved the
meeting minutes from August 9, 2023, confirming any additional or modified conditions of approval
for the project.
The conditions of approval, including the additional conditions of approval for the project shown in
the underlined font, are attached to this letter. However, these conditions of approval will not be
considered final until the Town Council considers and makes a determination on the appeal of this
decision.
If you have any questions, I can be contacted by email at jarmer@losgatosca.gov.
Sincerely,
Jennifer Armer, AICP
Planning Manager
\\TLG-File\data\DEV\PC\PC ACTION Letters\2023 Follow up Ltrs\08-09-2023 [15860 Winchester Blvd - Item #3; Approved].docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
ATTACHMENT 5
PLANNING COMMISSION – August 9, 2023 CONDITIONS OF APPROVAL
15860-15894 Winchester Boulevard and 17484 Shelburne Way
Architecture and Site Application S-21-008
Variance Application V-21-003
Subdivision Application M-22-008
Mitigated Negative Declaration ND-22-001
Requesting Approval for Demolition of One Existing Office and Four Residential
Buildings, Construction of an Assisted Living and Memory Care Facility, Variance from the Maximum Height and Lot Coverage of the Zone, Merger of Four Lots Into One, and Removal of Large Protected Trees on Property Zoned O. APN 529-11-013, -038, -039, and -040. An Initial Study and Mitigated Negative Declaration Have Been Prepared for This Project. APPLICANT/PROPERTY OWNER: Green Valley Corp. d.b.a. Swenson 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. HEIGHT REDUCTION: The building height shall be reduced through plate height reductions
of one foot each for second and third floors, and roof height reduction of an additional 6
inches.
4. SCREENING TREES: Trees planted along the south property line for screening shall be
evergreen.
5. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must
be obtained prior to any changes to existing signs or installation of new signs.
6. 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.
7. 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.
8. 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.
9. 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.
10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report and Arborist’s Peer Review 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.
11. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
12. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
13. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including landscape
and irrigation plans and calculations, shall meet the Town of Los Gatos Water Conservation
Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive.
The final landscape plan shall be reviewed by the Town’s consultant prior to issuance of
building permits. A review fee based on the current fee schedule adopted by the Town
Council is required when working landscape and irrigation plans are submitted for review.
14. ROOFTOP EQUIPMENT: Any new or modified roof mounted equipment shall be fully screened
and painted to match the roof material prior to issuance of an occupancy permit.
15. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
16. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement (“the Project”) from the Town shall
defend (with counsel approved by Town), indemnify, and hold harmless the Town, its
agents, officers, and employees from and against any claim, action, or proceeding (including
without limitation any appeal or petition for review thereof) against the Town or its agents,
officers or employees related to an approval of the Project, including without limitation any
related application, permit, certification, condition, environmental determination, other
approval, compliance or failure to comply with applicable laws and regulations, and/or
processing methods (“Challenge”). Town may (but is not obligated to) defend such
Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost
and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis,
attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by
Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand
any Costs incurred by the Town. No modification of the Project, any application, permit
certification, condition, environmental determination, other approval, change in applicable
laws and regulations, or change in such Challenge as Town, in its sole discretion, determines
appropriate, all the applicant’s sole cost and expense. No modification of the Project, any
application, permit certification, condition, environmental determination, other approval,
change in applicable laws and regulations, or change in processing methods shall alter the
applicant’s indemnity obligation.
Per Government Code Section 66474.9, Applicant’s indemnification obligation with
respect to any Challenge concerning a subdivision (tentative, parcel, or final map application
or approval) shall be limited to actions brought within the time period provided for in
Government Code Section 66499.37, unless such time period is extended for any reason.
The Town shall promptly notify Applicant of any such claim, action, or proceeding and shall
cooperate fully in the defense.
17. COMPLIANCE MEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
ENVIRONMENTAL REVIEW MITIGATION MEASURE CONDITIONS:
18. Mitigation Measure IV-1: A pre-construction survey for nesting birds shall be conducted by a
qualified biologist within a 250-foot buffer around the project site boundaries, if feasible,
not more than three days prior to site disturbance during the breeding season (February 1st
to August 31st). If site disturbance commences outside the breeding season, a pre-
construction survey for nesting birds is not required. Survey results shall be submitted to
the Town of Los Gatos Community Development Department. If active nests of migratory
birds are not detected within approximately 250 feet of the project site, further mitigation
is not required. If nesting birds are detected, the applicant shall implement Mitigation
Measure IV-2.
19. Mitigation Measure IV-2: If nesting raptors or other migratory birds are detected on or
adjacent to the site during the survey, an appropriate construction-free buffer shall be
established around all active nests. Actual size of buffer would be determined by the project
biologist, and would depend on species, topography, and type of activity that would occur in
the vicinity of the nest. Typical buffers are 25 feet for non-raptors and up to 250 feet for
raptors. The project buffer shall be monitored periodically by the project biologist to ensure
compliance. After the nesting is completed, as determined by the biologist, the buffer shall
no longer be required. Buffers shall remain in place for the duration of the breeding season
or until a qualified biologist has confirmed that all chicks have fledged and are independent
of their parents. Proof of compliance with this Mitigation Measure shall be provided to the
Town of Los Gatos Community Development Department prior to recommencing
construction within the buffer area.
20. Mitigation Measure IV-3: The applicant shall comply with the Town of Los Gatos Tree
Protection Ordinance and a tree removal permit shall be obtained from the Town for the
removal of any on-site trees that qualify as a protected tree. If the trees proposed for
removal are found to be in good condition, and the tree removal permit is granted primarily
for the convenience of the applicant, then the full cost and responsibility of such removal
shall be borne by the applicant including planting of replacement trees.
Where replanting is impractical or infeasible, the property owner may pay an in-lieu
fee in an amount approved by the Town Council. New trees planted on site shall have a
trunk diameter of more than 1.5 inches. The above noted requirements shall be completed
to the satisfaction of the Town of Los Gatos Parks and Public Works Department.
21. Mitigation Measure IV-4: The project applicant shall comply with all recommendations
included in the Arborist Report prepared for the proposed project by Arborist Resources
(2021) to ensure that tree protection measures are incorporated into the project design and
construction. Recommended tree protection measures include, but are not limited to,
establishing tree protection zones (TPZs) and setbacks for each protected tree; installing
tree protection fencing around each TPZ which would include warning signs stating,
“WARNING - Tree Protection Zone - this fence shall not be removed and is subject to
penalty according to Town Code 29.10.1025”; avoiding damaging or cutting roots with a
diameter of two or more inches; avoiding the use of herbicides; establishing staging,
cleanout areas, and all routes of access beyond unpaved areas beneath tree canopies; and
conducting a site meeting with the general contractor and project arborist several weeks or
months prior to demolition for the purpose of reviewing all tree protection measures. All
relevant recommendations included in the Arborist Report shall be noted on project
Improvement Plans. Compliance with the recommended tree protection measures shall be
monitored by the Town of Los Gatos Parks and Public Works Department and a qualified
arborist.
22. Mitigation Measure V-1: If historic or archeological resources are encountered during
subsurface excavation activities, all construction activities within a 100-foot radius of the
resource shall cease until a qualified archaeologist determines whether the resource
requires further study. The Town shall require that the applicant include a standard
inadvertent discovery clause in every construction contract to inform contractors of this
requirement. Any previously undiscovered resources found during construction shall be
recorded on appropriate California Department of Parks and Recreation forms and
evaluated for significance in terms of California Environmental Quality Act (CEQA) criteria by
a qualified archaeologist. Potentially significant cultural resources consist of, but are not
limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths,
structural remains, or historic dumpsites.
If the resource is determined to be significant under CEQA, the Town and a qualified
archaeologist shall determine whether preservation in place is feasible. Such preservation in
place is the preferred mitigation. If such preservation is infeasible, the qualified
archaeologist shall prepare and implement a research design and archaeological data
recovery plan for the resource. The archaeologist shall also conduct appropriate technical
analyses, prepare a comprehensive written report and file it with the appropriate
information center (California Historical Resources Information System), and provide for the
permanent curation of the recovered materials.
23. Mitigation Measure V-2: If human remains, or remains that are potentially human, are
found during construction, all work shall be halted immediately within 200 feet, and a
professional archeologist shall ensure reasonable protection measures are taken to protect
the discovery from disturbance. The archaeologist shall notify the Contra Costa County
Coroner (per §7050.5 of the State Health and Safety Code). The provisions of §7050.5 of the
California Health and Safety Code, §5097.98 of the California Public Resources Code, and
Assembly Bill 2641 will be implemented. If the Coroner determines the remains are Native
American and not the result of a crime scene, then the Coroner will notify the Native
American Heritage Commission (NAHC), which then will designate a Native American Most
Likely Descendant (MLD) for the project (§5097.98 of the Public Resources Code). The
designated MLD will have 48 hours from the time access to the property is granted to make
recommendations concerning treatment of the remains. If the applicant does not agree
with the recommendations of the MLD, the NAHC can mediate (§5097.94 of the Public
Resources Code). If an agreement is not reached, the qualified archaeologist or MLD must
rebury the remains where they will not be further disturbed (§5097.98 of the Public
Resources Code). This will also include either recording the site with the NAHC or the
appropriate Information Center, using an open space or conservation zoning designation or
easement, or recording a reinternment document with the county in which the property is
located (AB 2641). Work cannot resume within the no-work radius until the lead agency,
through consultation as appropriate, determines that the treatment measures have been
completed to the Town’s satisfaction.
24. Mitigation Measure VII-1: The project applicant shall include all relevant 2019 CBSC
standards, as recommended by the Design-Level Geotechnical Investigation prepared by
Cornerstone Earth Group (2021) on all project improvement plans to ensure that the
recommended standards for development of foundations, subsurface improvements, etc.
are incorporated into the project design and construction. All project improvement plans
shall be reviewed by a licensed engineer and approved by the Town of Los Gatos
Community Development Department and the Town’s Engineer.
25. Mitigation Measure VIII-1: The following requirements shall be noted on project
improvement plans, subject to review and approval by the Town of Los Gatos Community
Development Department:
• The proposed project shall be designed such that the project is built all-electric, and
natural gas infrastructure shall be prohibited on-site; and
• A minimum 10 electric vehicle (EV) capable parking spaces shall be included on-site,
consistent with the Tier 2 CALGreen standards.
26. Mitigation Measure IX-1: Following demolition and prior to issuance of a grading permit, a
sampling grid shall be superimposed across the site and discrete shallow samples shall be
collected. The samples shall be tested for organochlorine pesticides to determine whether
Regional Water Quality Control Board Environmental Screening Levels (ESLs) are exceeded
in any samples. The applicant shall submit a report to the Parks and Public Works
Department for review and approval that includes, but is not limited to, sampling activities
performed, relevant ESLs for identified contaminants, summary of contaminated
concentrations, and locations where ESLs are exceeded, if any. If ESLs are exceeded in on-
site soils, the impacted areas shall be removed and properly disposed of under oversight by
the Santa Clara County Department of Environmental Health (SCCDEH) prior to issuance of a
grading permit; and proof of remediation under SCCDEH oversight shall be provided to the
Town of Los Gatos Parks and Public Works Department prior to grading. For larger
quantities of soils that are non-hazardous, subject to approval by the Town of Los Gatos
Parks and Public Works Department, such soils may generally be placed under interior
roads, parking areas, or buildings during normal grading operations, and verification of
proper handling and disposal.
27. Mitigation Measure IX-2: Prior to issuance of a demolition permit for on-site structures, the
project applicant shall consult with certified Asbestos and/or Lead Risk Assessors to
complete an asbestos and lead survey. The completed asbestos and lead survey shall be
submitted to the Town of Los Gatos Building Department for review and approval. If
asbestos-containing materials or lead-containing materials are not discovered during the
survey, further mitigation related to asbestos-containing materials or lead-containing
materials shall not be required. If asbestos-containing materials and/or lead-containing
materials are discovered by the survey, the project applicant shall prepare a work plan to
demonstrate how the on-site asbestos-containing materials and/or lead-containing
materials shall be removed in accordance with current California Occupational Health and
Safety (Cal-OSHA) Administration regulations and disposed of in accordance with all CalEPA
regulations, prior to the demolition and/or removal of the on-site structures. The plan shall
include the requirement that work shall be conducted by a Cal-OSHA registered asbestos
and lead abatement contractor in accordance with Title 8 CCR 1529 and Title 8 CCR 1532.1
regarding asbestos and lead training, engineering controls, and certifications. The applicant
shall submit the work plan to the Town for review and approval. The Town has the right to
defer the work plan to the SCCDEH for additional review. Materials containing more than
one (1) percent asbestos that is friable are also subject to BAAQMD regulations. Removal of
materials containing more than one (1) percent friable asbestos shall be completed in
accordance with BAAQMD Section 11-2-303.
28. Mitigation Measure XIII-1: Prior to approval of demolition permits the following
requirements shall be noted on project improvement plans, subject to review and approval
by the Town of Los Gatos Community Development Department:
• Operational and Situational Controls:
o All work on-site shall be restricted to the hours of 8:00 AM to 8:00 PM Weekdays,
and 9:00 AM to 7:00 PM weekends and Holidays, pursuant to the requirements of
the Town of Los Gatos Noise Ordinance.
o All exterior stationary equipment shall be kept at least 100 feet from neighboring
property lines unless acoustically shielded.
o Material deliveries shall not be allowed on Sundays or Federal Holidays.
o Cranes shall be located at least 100 feet from any neighboring property line with the
exception of cranes or lifts necessary to dismantle scaffolding.
o Material movement along the east and south sides of the site shall be minimized.
o Stockpiles shall be located adjacent to neighbors as much as possible to help shield
people from on-site noise generation.
o Music shall not be audible off-site.
o Dirt berming and stockpiling materials shall occur whenever possible to reduce noise
to sensitive receptor locations.
o Mobile equipment such as haul trucks, and concrete trucks, shall be kept off of local
streets near residences as much as possible.
o Vehicle paths shall be graded smooth as rough roads and paths can cause significant
noise and vibration from trucks (particularly empty trucks) rolling over rough
surfaces. Loud bangs and ground-borne vibration can occur.
• Interior Work:
o For interior work, the windows of the interior spaces facing neighbors where work is
being performed shall be kept closed while work is proceeding.
o Noise generating equipment indoors shall be located within the building to use
building elements as noise screens.
• Equipment:
o Earth Removal: Use scrapers as much as possible for earth removal, rather than the
noisier loaders and hauling trucks.
o Backfilling: Use a backhoe for backfilling, as it is quieter than either dozers or
loaders.
o Ground Preparation: Use a motor grader rather than a bulldozer for final grading.
Wheeled heavy equipment is less noisy than track equipment. Use wheeled
equipment rather than track equipment whenever possible, with the exception of
work within the vibration distances shown in Table IV of the Noise Assessment
Study. The soil conditions at the site indicate that wheeled equipment may generate
higher levels of ground vibration than tracked equipment. Small, rubber tracked
equipment, such as skid steers, would produce the lowest levels of noise and
vibration
o Building Construction: Nail guns shall be used where possible as they are less noisy
than manual hammering.
o Generators and Compressors: Use generators, compressors and pumps that are
housed in acoustical enclosures rather than weather enclosures or none at all.
o Use temporary power service from the utility company in lieu of generators
wherever possible.
o All stationary equipment shall be rated no higher than 85 dBA at 25 feet under the
equipment’s most noisy condition.
o Circular saws, miter/chop saws and radial arm saws shall be used no closer than 50
feet from any residential property line unless the saw is screened from view by any
and all residences using an air-tight screen material of at least two pounds per sf
surface weight, such as three-quarter-inch plywood.
o Use electrically powered tools rather than pneumatic tools whenever possible.
o Mitigation of the construction phase noise at the site can be accomplished by using
quiet or "new technology" equipment.
o The greatest potential for noise abatement of current equipment shall be the
quieting of exhaust noises by use of improved mufflers.
o All internal combustion engines used at the project site shall be equipped with a
type of muffler recommended by the vehicle manufacturer.
o All equipment shall be in good mechanical condition so as to minimize noise created
by faulty or poorly maintained engines, drive-trains and other components. Worn,
loose or unbalanced parts or components shall be maintained or replaced to
minimize noise and vibration.
o Use wheeled equipment rather than tracked equipment whenever possible.
o Use the lowest vibration inducing equipment when within the distance limits shown
in Table IV of the Noise Assessment Study. Small grading and earth moving
equipment, such as “Bobcat” size equipment shall be used.
• Noise Complaint Management:
o The project applicant shall designate a noise complaint officer. The officer shall be
available at all times during construction hours by both telephone and email. Signs
shall be posted at site entries.
o Notify, in writing, all residential and noise sensitive commercial neighbors within
300 feet of the site of construction. The notification shall contain the name, phone
number, and email address of the noise complaint officer. A flyer may be placed at
the doors of the residences.
o A log of all complaints shall be maintained. The logs shall contain the name and
address of the complainant, the date and time of the complaint, the
nature/description of the noise source, a description of the remediation attempt or
the reason remediation could not be attempted.
29. Mitigation Measure XVII-1: The following requirements shall be noted on project
improvement plans, subject to review and approval by the Town of Los Gatos Parks and
Public Works Department:
• A minimum of one long term and three short term bicycle parking spaces shall be
included on-site, consistent with the VTA Bicycle Technical Guidelines; and
• A new crosswalk shall be installed to cross Shelburne Way at Winchester Boulevard.
The crosswalk shall meet the standards of the Town of Los Gatos.
30. Mitigation Measure XVII-3: The following requirement shall be noted on project
improvement plans, subject to review and approval by the Town of Los Gatos Parks and
Public Works Department:
• Red curbs shall be implemented adjacent to both sides of the project driveways to
prohibit parking and ensure adequate sight distance.
Building Division
29. PERMITS REQUIRED: A Demolition Permit is required for the demolition of each individual
existing structure. A separate Building Permit is required for the construction of the new
multi-story, multi-family dwelling structure.
30. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2023, are the 2022 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
31. LOCALLY ADOPTED REACH CODES: This project will be subject to the all-electric
construction requirements as well as the Multifamily dwelling residential parking
requirements pursuant to the California Green Building Standards Code as modified in
Chapter 6, Article XII of the Town Code.
32. CONDITIONS OF APPROVAL: The Conditions of Approval must be included in full in 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.
33. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
34. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
35. 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. 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 with the Air District’s
J# Certificate, PG&E verification, and 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.
36. 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. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 minutes. Clear signage shall be provided for
construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer’s specifications. All equipment shall be checked by a certified visible
emissions evaluator. All non-road diesel construction equipment shall at a minimum
meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part
89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification of
construction schedule to adjacent residential property owners and tenants at least one
week prior to commencement of demolition and one week prior to commencement of
grading with a request that all windows remain closed during demolition, site grading,
excavation, and building construction activities in order to minimize exposure to NOx
and PM10. The on-site field supervisor shall monitor construction emission levels within
five feet of the property line of the adjacent residences for NOx and PM10 using the
appropriate air quality and/or particulate monitor.
37. 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.
38. 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.
a. 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:
b. Building pad elevation
c. Finish floor elevation
d. Foundation corner locations
e. Retaining wall(s) locations and elevations
39. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
40. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be
provided from public transportation stops, accessible parking and accessible passenger
loading zones and public streets or sidewalks to the accessible building entrance that they
serve. The accessible route shall, to the maximum extent feasible, coincide with the route
for the general public. At least one accessible route shall connect all accessible buildings,
facilities, elements and spaces that are on the same site.
41. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking is
provided for the public as clients, guests or employees, shall provide handicap accessible
parking. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking, accessible parking
spaces shall be dispersed and located closest to the accessible entrances.
42. 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.
43. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
44. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the Building Permit. The Town
Special Inspection form must be completely filled-out and signed by all requested parties
prior to permit issuance. Special Inspection forms are available from the Building Division
Service Counter or online at www.losgatosca.gov/building.
45. 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.
46. 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. Santa Clara County Environmental Health Department: (408) 918-3479
f. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
47. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept
clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of
the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless an
encroachment permit is issued by the Engineering Division of the Parks and Public Works
Department. The Developer's representative in charge shall be at the job site during all
working hours. Failure to maintain the public right-of-way according to this condition may
result in the issuance of correction notices, citations, or stop work orders and the Town
performing the required maintenance at the Developer's expense.
48. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer.
49. 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.
RIGHT-OF-WAY CONDITIONS:
50. 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 Developer to obtain any necessary encroachment permits from
affected agencies and private parties, including but not limited to, Pacific Gas and Electric
(PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of
Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing any
permit.
51. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer or their representative shall
repair or replace all existing improvements not designated for removal that are damaged or
removed because of the Developer or their representative's operations. Improvements
such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised
pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced
to a condition equal to or better than the original condition. Any new concrete shall be free
of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. Existing improvement to be repaired or replaced
shall be at the direction of the Engineering Construction Inspector and shall comply with all
Title 24 Disabled Access provisions. The restoration of all improvements identified by the
Engineering Construction Inspector shall be completed before the issuance of a certificate
of occupancy. The Developer or their representative shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
52. 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.
53. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Developer.
Plans for those improvements shall be prepared by a California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance
Security and Labor & Materials Security before the issuance of any grading or building
permits or the recordation of a map. Plans for the improvements must be approved by the
Town prior to the issuance of any grading or building permits. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued unless otherwise allowed by the Town Engineer.
a) Winchester Blvd: New curb, gutter, minimum 5-foot detached sidewalk, minimum 4-
foot park strip, pavement, street lights, tie-in paving, signing striping, and 2-inch grind
and overlay along the eastern half of Winchester Boulevard.
b) Shelburne Way: New curb, gutter, minimum 5-foot detached sidewalk, minimum 4-foot
park strip, half-street pavement reconstruction along the southern half of the roadway,
2-inch grind and overlay along the northern half of the roadway, signing, and striping
c) Bicycle lane: The project shall re-stripe Winchester Boulevard along the project frontage
plus necessary conform transition for adding bicycle lanes. The roadway shall be re-
surfaced prior to striping.
d) Pedestrian crosswalk: The project shall provide a corner bulb-out and a striped
pedestrian crosswalk crossing Shelburne Way at Winchester Boulevard as directed by
Town Engineer.
e) Class IV bike lanes along Winchester Boulevard frontage and Class III bike lanes along
Shelburne Way frontages per the Town’s Bicycle and Pedestrian Master Plan.
f) Street lights: A new Town standard street light shall be installed on Winchester
Boulevard at the corner of Shelburne Way along the project frontage. A new Town
standard street light shall be installed on Shelburne Way along the project frontage
replacing an existing PG&E street light across the project site. The developer shall
coordinate with PG&E for the removal and installation.
54. PUBLIC WORKS INSPECTIONS: The Developer or their representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to
on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure
to do so will result in penalties and rejection of any work that occurred without inspection.
55. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site
at all times during construction.
GRADING PERMIT CONDITIONS:
56. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Engineering Division of the Parks and Public Works Department prior to the
commencement of plan check review.
57. GRADING PERMIT FEES: All fees associated with the grading permit shall be deposited with
the Engineering Division of the Parks and Public Works Department prior to the issuance of
a grading permit.
58. GRADING PERMIT: A grading permit is required for all site grading and drainage work except
for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading
Ordinance). After the preceding Architecture and Site Application has been approved by the
respective deciding body, the grading permit application (with grading plans and associated
required materials and plan check fees) shall be made to the Engineering Division of the
Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall
include final grading, drainage, retaining wall location(s), driveway, utilities and interim
erosion control. Grading plans shall list earthwork quantities and a table of existing and
proposed impervious areas. Unless specifically allowed by the Director of Parks and Public
Works, the grading permit will be issued concurrently with the building permit. The grading
permit is for work outside the building footprint(s). Prior to Engineering signing off and
closing out on the issued grading permit, the Developer’s soils engineer shall verify, with a
stamped and signed letter, that the grading activities were completed per plans and per the
requirements as noted in the soils report. A separate building permit, issued by the Building
Department, located at 110 E. Main Street, is needed for grading within the building
footprint.
59. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The
Developer’s project engineer shall notify, in writing, the Town Engineer at least seventy-two
(72) hours in advance of all the proposed changes. Any approved changes shall be
incorporated into the final “as-built” plans.
60. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Developer.
61. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits,
whichever comes first, the Developer shall: a) design provisions for surface drainage; and
b) design all necessary storm drain facilities extending to a satisfactory point of disposal for
the proper control and disposal of storm runoff; and c) provide a recorded copy of any
required easements to the Town.
62. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a grading permit/building permit.
63. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a) Retaining wall: top of wall elevations and locations.
b) Toe and top of cut and fill slopes.
64. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits, the
general contractor shall:
a) Along with the Developer, attend a pre-construction meeting with the Town Engineer to
discuss the project conditions of approval, working hours, site maintenance and other
construction matters;
b) Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencing any work, and that a copy of the project
conditions of approval will be posted on-site at all times during construction.
65. RETAINING WALLS: A building permit, issued by the Building Department, located 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.
SUBDIVISIONS/MAPS:
66. GENERAL: The Developer shall comply with all Town, County, State and Federal laws and
regulations applicable to this land division. No other proposed development is included in
this particular application of the lot merger. Issuance of a lot merger 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.
67. LOT MERGER: A Lot Merger shall be recorded. Two (2) copies of the legal description for
exterior boundary of the merged parcel and a map shall be submitted to the Engineering
Division of the Parks and Public Works Department for review and approval. The submittal
shall include closure calculations, title reports less than ninety (90) days old and the
appropriate fee. The documents shall be recorded prior to the issuance of any grading or
building permits.
68. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees
shall be paid either immediately prior the issuance of a sewer connection permit, which
ever event occurs first. Written confirmation of payment of these fees shall be provided
prior to map recordation.
GEOLOGICAL AND GEOLOGY:
69. SOILS REPORT: One electronic copy (PDF) 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.
70. 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.
71. SOILS REVIEW: Prior to Town approval of a development application, the Developer’s
engineers shall prepare and submit a design-level geotechnical and geological investigation
for review by the Town’s consultant, with costs borne by the Developer, and subsequent
approval by the Town. The Developer’s soils engineer shall review the final grading and
drainage plans to ensure that designs for foundations, retaining walls, site grading, and site
drainage are in accordance with their recommendations and the peer review comments.
Approval of the Developer’s soils engineer shall then be conveyed to the Town either by
submitting a Plan Review Letter prior to issuance of grading or building permit(s).
72. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Developer’s soils engineer prior to placement of concrete
and/or backfill so they can verify that the actual conditions are as anticipated in the design-
level geotechnical report and recommend appropriate changes in the recommendations
contained in the report, if necessary. The results of the construction observation and
testing shall be documented in an “as-built” letter/report prepared by the Developer’s soils
engineer and submitted to the Town before a certificate of occupancy is granted.
73. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Design-Level Geotechnical Investigation by Cornerstone
Earth Group dated February 10, 2021, and any subsequently required report or addendum.
Subsequent reports or addendum are subject to peer review by the Town’s consultant and
costs shall be borne by the Developer.
IMPROVEMENT PLANS:
74. IMPROVEMENT AGREEMENT: The Developer shall enter into an agreement to construct
public improvements in accordance with Town Code Section 24.40.020. The Developer shall
supply suitable securities for all public improvements that are part of the development in a
form acceptable to the Town in the amount of 100% performance and 100% labor and
materials prior to the issuance of any encroachment, grading or building permit. The
Developer shall provide two (2) copies of documents verifying the cost of the public
improvements to the satisfaction of the Engineering Division of the Parks and Public Works
Department. An electronic copy (PDF) of the executed agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department prior to the issuance of any
encroachment, grading or building permit.
UTILITIES:
75. WATER METER: The existing water meters, currently located within the Winchester Blvd
right-of-way, shall be relocated within the property in question, directly behind the public
right-of-way line. The Developer shall repair and replace to existing Town standards any
portion of concrete flatwork within said right-of-way that is damaged during this activity
prior to issuance of a certificate of occupancy.
76. WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each
property at the property line, within one (1) foot of the property line per West Valley
Sanitation District Standard Drawing 3, or at a location specified by the Town.
77. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town’s right-of-way have been
completed and approved by the Town.
78. GREEN INFRASTRUCTURE MEASURES: Projects which propose work within the Town’s right-
of-way, including but not limited to pavement restoration, street widening, construction of
curb, gutter and/or sidewalk, right-of-way dedication, etc., will be evaluated by Staff to
determine its potential for the implementation of Green Infrastructure measures and
associated improvements.
79. FRONTAGE IMPROVEMENTS: The Developer shall be required to improve the project’s
public frontage (right-of-way line to centerline and/or to limits per the direction of the Town
Engineer) to current Town Standards. These improvements may include but not limited to
curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs, pavement, raised
pavement markers, thermoplastic pavement markings, storm drain facilities, traffic signal(s),
street lighting (upgrade and/or repaint) etc. Plans for the improvements must be approved
by the Town prior to the issuance of any grading or building permits. The improvements
must be completed and accepted by the Town before the issuance of any grading or
building permits unless otherwise allowed by the Town Engineer.
80. GREEN BICYCLE FACILITIES: The Developer shall install green bike lanes and bike boxes in
directions of improved streets and intersections as directed by the Town Engineer. The
improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
81. ADA COMPLIANCE: The Developer shall be required to meet all ADA standards, which must
be completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued. This may require additional construction measures as directed by
the Town.
82. UNDERGROUND PARKING GARAGE DRAINAGE: Water from the underground parking garage
shall not be discharged onto the public street. The Developer or their representative shall
design a floor drainage system for the garage that collects all drainage and conveys runoff
to the sanitary sewer system. Connecting said drainage system to the storm drain system is
not permitted.
83. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed subject
to the following requirements:
a) The Town standard “T” trench detail shall be used.
b) A Town-approved colored controlled density backfill shall be used.
c) All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d) The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift shall
be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of three-
quarter (¾) inch medium asphalt.
e) The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f) A cape seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the cape seal shall extend
the full width of the street and shall extend five (5) feet beyond the longitudinal limits of
trenching. Cape seal materials shall be approved by the Town Engineering Construction
Inspector prior to placement. All existing striping and pavement markings shall be
replaced upon completion of cape seal operations. All pavement restorations shall be
completed and approved by the Inspector before occupancy.
84. DRIVEWAY APPROACH: The Developer shall install a minimum of two (2) Town standard
commercial driveway approaches. The new driveway approaches shall be constructed per
Town Standard Plans and must be completed and accepted by the Town before a Certificate
of Occupancy for any new building can be issued. New concrete shall be free of stamps,
logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall
be removed and replaced at the Contractor’s sole expense and no additional compensation
shall be allowed therefore.
85. CURB RAMPS: The Developer shall construct two (2) curb ramps in compliance with ADA
Standards which must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. New concrete shall be free of stamps, logos,
names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be
removed and replaced at the Contractor’s sole expense and no additional compensation
shall be allowed therefore.
86. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not
limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
TRAFFIC AND TRANSPORTATION:
87. FRONTAGE IMPROVEMENTS (TRAFFIC): The Developer shall construct improvements
including and may not be limited to signage, striping, curb/gutter/sidewalk, ADA ramps,
pedestrian crosswalk and street lights at project frontage as directed by the Town Engineer.
Plans for the improvements must be approved by the Town prior to the issuance of any
grading or building permits. The improvements must be completed and accepted by the
Town before the issuance of any grading or building permits unless otherwise allowed by
the Town Engineer.
88. FRONTAGE IMPROVEMENTS (STREET LIGHTS): The Developer shall replace existing street
light fixture with LED light fixture and re-paint existing street light pole. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued.
89. TRAFFIC IMPROVEMENTS (OFF-SITE IMPROVEMENT): Traffic improvements may be required
as determined by traffic study. Construct off-site improvements as required. Plans shall be
prepared by the Developer’s design consultants and submitted to the Town Engineer for
approval prior to construction. The Developer is required to designate necessary right-of-
way for the required widening. Plans for the improvements must be approved by the Town
prior to the issuance of any grading or building permits. The improvements must be
completed and accepted by the Town before the issuance of any grading or building permits
unless otherwise allowed by the Town Engineer.
90. STREET LIGHT INSPECTION FEES: The Developer shall pay $1,000.00 for the Town’s
inspection of street lights. The fees shall be due at time of building permit application.
91. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM): The Developer shall prepare a
Transportation Demand Management Plan for the Town of Los Gatos approval prior to the
issuance of any building permit. The TDM shall include the measures such as bicycle facility
provisions, shower facilities, local shuttle service, transit passes and subsidies, carpool
incentive, designated car share parking, and other measures that may be required by the
Town Engineer to obtain a goal of a 15% vehicle trip reduction. The TDM shall also include a
TDM Coordinator and identify the requirement for an annual TDM effectiveness report to
the Town of Los Gatos. A Townwide shuttle program fee may be required based on TDM
findings.
92. BICYCLE FACILITIES: Bicycle facilities including, but may not be limited to, bike lanes and bike
boxes will be provided in all directions and approaches of improved streets and
intersections as directed by Town Engineer.
93. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s traffic impact policy.
94. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building/grading permits, the
Developer shall pay the project's proportional share of transportation improvements
needed to serve cumulative development within the Town of Los Gatos. The fee amount
will be based upon the Town Council resolution in effect, and the fee shall be paid before
issuance of any grading or building permit. The final traffic impact mitigation fee for this
project is $304,571.72.
95. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and worker
vehicles shall be allowed to park on the portion of any public (Town) streets without written
approval from the Town Engineer.
96. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved by the Town Engineer prior to the issuance of an encroachment, grading or
building permit. This plan shall include, but not be limited to, the following measures:
a) Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b) Flag persons shall be placed at locations necessary to control one-way traffic flow. All
flag persons shall have the capability of communicating with each other to coordinate
the operation.
c) Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
97. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to the issuance of an encroachment,
grading or building permit.
98. 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.
99. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the
issuance of an encroachment, grading or building permit, the Developer or their
representative shall work with the Town Building Department and Engineering Division
Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under
periods when soil is hauled on or off the project site. This may include, but is not limited to
provisions for the Developer to place construction notification signs noting the dates and
time of construction and hauling activities, or providing additional traffic control.
Coordination with other significant projects in the area may also be required. Cover all
trucks hauling soil, sand and other loose debris.
100. CONSTRUCTION HOURS: All 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, holidays excluded. The Town
may authorize, on a case-by-case basis, alternate construction hours. The Developer shall
provide written notice twenty-four (24) hours in advance of modified construction hours.
Approval of this request is at discretion of the Town.
101. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall
be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-
five (85) dBA at twenty-five (25) feet from the source. If the device is located within a
structure on the property, the measurement shall be made at distances as close to twenty-
five (25) feet from the device as possible. The noise level at any point outside of the
property plane shall not exceed eighty-five (85) dBA.
102. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any encroachment,
grading or building permits, the Developer’s design consultant shall submit a construction
management plan sheet (full-size) within the plan set that shall incorporate at a minimum
the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing,
employee parking, construction staging area, materials storage area(s), construction
trailer(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town’s
Construction Management Plan Guidelines document for additional information.
OTHER PERMITS:
103. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream
manhole and/or flushing inlet cover at the public or private sewer system serving such
drainage piping shall be protected from backflow of sewage by installing an approved type
backwater valve. Fixtures above such elevation shall not discharge through the backwater
valve, unless first approved by the Building Official. The Town shall not incur any liability or
responsibility for damage resulting from a sewer overflow where the property owner or
other person has failed to install a backwater valve as defined in the Uniform Plumbing
Code adopted by the Town and maintain such device in a functional operation condition.
Evidence of West Sanitation District’s decision on whether a backwater device is needed
shall be provided prior to the issuance of a building permit.
STORMWATER MANAGEMENT:
104. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing,
stockpiling, grading or excavation of land, which disturbs one (1) acre or more which are
part of a larger common plan of development which disturbs less than one (1) acre are
required to obtain coverage under the construction general permit with the State Water
Resources Control Board. The Developer 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.
105. BEST MANAGEMENT PRACTICES (BMPs): The Developer is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for all
areas that have been graded or disturbed and for all material, equipment and/or operations
that need protection. Removal of BMPs (temporary removal during construction activities)
shall be replaced at the end of each working day. Failure to comply with the construction
BMP will result in the issuance of correction notices, citations, or stop work orders.
106. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment projects
are subject to the stormwater development runoff requirements. Every Developer or their
design consultant shall submit a stormwater control plan and implement conditions of
approval that reduce stormwater pollutant discharges through the construction, operation
and maintenance of treatment measures and other appropriate source control and site
design measures. Increases in runoff volume and flows shall be managed in accordance with
the development runoff requirements.
107. REGULATED PROJECT: The project is classified as a Regulated Project per Provision C.3.b.ii.
and is required to implement LID source control, site design, and stormwater treatment on-
site in accordance with Provisions C.3.c. and C.3.d..
108. 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.
109. BIORETENTION SYSTEM: The bioretention system(s) shall be designed to have a surface area
no smaller than what is required to accommodate a 5 inches/hour stormwater runoff
surface loading rate, infiltrate runoff through bioretention soil media at a minimum of 5
inches per hour, and maximize infiltration to the native soil during the life of the project.
The soil media for bioretention system(s) shall be designed to sustain healthy, vigorous
plant growth and maximize stormwater runoff retention and pollutant removal.
Bioretention soil media that meets the minimum specifications set forth in Attachment L of
Order No. R2-2009-0074, dated November 28, 2011, shall be used.
110. 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.
111. LANDSCAPE MAINTENANCE AGREEMENT: The Developer shall enter into a Landscape
Maintenance Agreement with the Town of Los Gatos in which the Developer agrees to
maintain the vegetated areas along the project’s Street Name frontage located within the
public right-of-way. The agreement must be completed and accepted by the Town Attorney
prior to the issuance of any encroachment, grading or building permits.
112. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted
to the Engineering Division of the Parks and Public Works Department. A Notice of Intent
(NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San
Francisco Bay Regional Water Quality Control Board for projects disturbing more than one
(1) acre. A maximum of two (2) weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion
control measures, to be carried out during construction and before installation of the final
landscaping, shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town
standard seeding specification, filter berms, check dams, retention basins, etc. Provide
erosion control measures as needed to protect downstream water quality during winter
months. The grading, drainage, erosion control plans and SWPPP shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 of most current
Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal
Regional Permit (MRP). Monitoring for erosion and sediment control is required and shall
be performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner
(QSP) as required by the Construction General Permit. Stormwater samples are required for
all discharge locations and projects may not exceed limits set forth by the Construction
General Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action
Plan (REAP) must be developed forty-eight (48) hours prior to any likely precipitation even,
defined by a fifty (50) percent or greater probability as determined by the National Oceanic
and Atmospheric Administration (NOAA), and/or whenever rain is imminent. The QSD or
QSP must print and save records of the precipitation forecast for the project location area
from (http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and
sampling test data. A rain gauge is required on-site. The Town of Los Gatos Engineering
Division of the Parks and Public Works Department and the Building Department will
conduct periodic NPDES inspections of the site throughout the recognized storm season to
verify compliance with the Construction General Permit and Stormwater ordinances and
regulations.
113. 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.
114. 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.
115. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups, dry
wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
116. 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.
117. STORMWATER DISCHARGE: New buildings, such as food service facilities and/or multi-family
residential complexes or subdivisions, shall provide a covered or enclosed area for
dumpsters and recycling containers. The area shall be designed to prevent water run-on to
the area and runoff from the area. Areas around trash enclosures, recycling areas, and/or
food compactor enclosures shall not discharge directly to the storm drain system. Any
drains installed in or beneath dumpsters, compactors, and tallow bin areas serving food
service facilities shall be connected to the sanitary sewer. The Developer shall contact the
local permitting authority and/or sanitary district with jurisdiction for specific connection
and discharge requirements.
118. 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.
http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL.
119. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner 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 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 an electronic copy (PDF) 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.
120. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor to make sure
that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt,
concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.
121. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Developer's
representative in charge shall be at the job site during all working hours. Failure to maintain
the public right-of-way according to this condition may result in penalties and/or the Town
performing the required maintenance at the Developer's expense.
GENERAL:
122. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Prior to the issuance of an
encroachment, or grading or building permit, the Developer shall initiate a weekly
neighborhood email notification program to provide project status updates. The email
notices shall also be posted on a bulletin board placed in a prominent location along the
project perimeter.
123. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
124. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
125. 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.
126. FIRE SPRINKLERS REQUIRED: (As noted on Sheet A-0.0) Approved automatic sprinkler
systems in new and existing buildings and structures shall be provided in the locations
described in this Section or in Sections 903.2.1 through 903.2.19 whichever is the more
restrictive. For the purposes of this section, firewalls and fire barriers used to separate
building areas shall be constructed in accordance with the California Building Code and shall
be without openings or penetrations. 1. In other than residential buildings which require the
installation of fire sprinklers for all new buildings according to the California Residential
Code, an automatic sprinkler system shall be provided throughout all new buildings and
structures.
127. FIRE ALARM SYSTEM REQUIRED: (As noted on Sheet A-0.0) A manual and automatic fire
alarm system shall be installed in Group R-2, R-2.1, R-2.2 occupancies.
128. NEW FIRE HYDRANT: (As shown on Sheet LS-1.0 and LS-2.0) Provide fire hydrants at
locations to be determined jointly by the Fire Department and San Jose Water Company.
Maximum hydrant spacing shall be 500 feet, with a hydrant flow of 1,000 GPM at minimum
20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads
and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and
Appendix C. Required fire flow shall be provided for new fire hydrant.
129. REQUIRED AERIAL ACCESS: (As shown on Sheet A-1.9) Where required: Buildings or portions
of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. Overhead utility and power
lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire
apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the
immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in
height. 3. Proximity to building: At least one of the required access routes meeting this
condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet
(9144mm) from the building, and shall be positioned parallel to one entire side of the
building, as approved by the fire code official. [CFC Chp. 5 and SCCFD SD&S A-1].
130. FIRE APPARATUS ACCESS ROADS REQUIRED FOR BUILDINGS AND FACILITIES: Approved fire
apparatus access roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road
shall comply with the requirements of this section and shall extend to within 150 feet of all
portions of the facility and all portions of the exterior walls of the first story of the building
as measured by an approved route around the exterior of the building or facility. [CFC,
Section 503.1.1]. Distances of up to 300 feet are approved.
131. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved alternative
methods of protection are provided. Temporary street signs shall be installed at each street
intersection when construction of new roadways allows passage by vehicles in accordance
with Section 505.2. Construction documents. Construction documents for proposed fire
apparatus access, location of fire lanes, security gates across fire apparatus access and
construction documents and hydraulic calculations for fire hydrant systems shall be
submitted to the fire department for review and approval prior to construction. CFC Sec.
501.3, 501.4.
132. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: (As noted on Sheet A-2.0) Gate
installations shall conform with Fire Department Standard Details and Specification G-1 and,
when open shall not obstruct any portion of the required width for emergency access
roadways or driveways. Locks, if provided, shall be fire department approved prior to
installation. Gates across the emergency access roadways shall be equipped with an
approved access devices. If the gates are operated electrically, an approved Knox key switch
shall be installed; if they are operated manually, then an approved Knox padlock shall be
installed. Contact www.knoxbox.com to order key switch for gate. CFC Sec. 503.6 and 506.
133. FIRE DEPARTMENT CONNECTION: The fire department connection (FDC) for the structure in
support of the sprinkler system shall be installed at the street on the street address side of
the building. It shall be located within 100 feet of a public fire hydrant and within ten (10)
feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties).
FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national
standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may
be readily and conveniently attached to the inlets without interference. FDC's shall be
painted safety yellow. [SCCFD, SP-2 Standard.]
134. REQUIRED SECONDARY FIRE DEPT. ACCESS: (As shown on Sheet C-2.1) Commercial and
Industrial Developments 1. Buildings exceeding three stories or 30 feet in height. Buildings
or facilities exceeding 30 feet (9144 mm) or three stories in height shall have a least two
means of fire apparatus access for each structure. 2. Buildings exceeding 62,000 square feet
in area. Buildings or facilities having a gross building area of more than 62,000 square feet
(5760 mm) shall be provided with two separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to 124,000 square feet (11520 mm)
that have a single approved fire apparatus access road when all buildings are equipped
throughout with approved automatic sprinkler systems. Multi-Family Residential
Developments (R-1 & R-2 occupancies) 1. Multi-family residential projects having more than
100 dwelling units shall be equipped throughout with two separate and approved fire
apparatus access roads. CFC Sec. Chp. 5.
PLANNING COMMISSION – August 9, 2023 CONDITIONS OF APPROVAL
15860-15894 Winchester Boulevard and 17484 Shelburne Way
Conditional Use Permit Application U-21-010
Requesting Approval for Demolition of One Existing Office and Four Residential
Buildings, Construction of an Assisted Living and Memory Care Facility, Variance
from the Maximum Height and Lot Coverage of the Zone, Merger of Four Lots Into
One, and Removal of Large Protected Trees on Property Zoned O. APN 529-11-013,
-038, -039, and -040. An Initial Study and Mitigated Negative Declaration Have BeenPrepared for This Project.APPLICANT/PROPERTY OWNER: Green Valley Corp. d.b.a. Swenson
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 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 per Section 29.20.335 of
the Town Code. Reasonable extensions of time not exceeding one year may be granted
upon application, and can be granted if approved by the deciding body prior to the
expiration date. Therefore, it is recommended that applications for a time extension be filed
with the Community Development Department at least 60 days prior to the expiration date
of the approval.
3.LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has been
granted is discontinued for a period of one (1) year, the approval lapses pursuant to Section
29.20.340 of the Zoning Ordinance.
4.USE: The approved use is for an assisted living and memory care facility.
5.CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy must be
obtained prior to commencement of use.
6.BUSINESS LICENSE: A business license is required from the Town of Los Gatos Finance
Department prior to commencement of use.
7.TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement (“the Project”) from the Town shall
defend (with counsel approved by Town), indemnify, and hold harmless the Town, its
agents, officers, and employees from and against any claim, action, or proceeding (including
without limitation any appeal or petition for review thereof) against the Town or its agents,
officers or employees related to an approval of the Project, including without limitation any
related application, permit, certification, condition, environmental determination, other
approval, compliance or failure to comply with applicable laws and regulations, and/or
processing methods (“Challenge”). Town may (but is not obligated to) defend such
Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost
and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis,
attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by
Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand
any Costs incurred by the Town. No modification of the Project, any application, permit
certification, condition, environmental determination, other approval, change in applicable
laws and regulations, or change in such Challenge as Town, in its sole discretion, determines
appropriate, all the applicant’s sole cost and expense. No modification of the Project, any
application, permit certification, condition, environmental determination, other approval,
change in applicable laws and regulations, or change in processing methods shall alter the
applicant’s indemnity obligation.
8. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
Building Division
9. A comprehensive plan review has not been completed for this CUP modification under
consideration by the Development Review Committee and compliance with applicable
codes have not been verified.
10. PERMITS. No work requiring Building Permits can commence without issuance of any
required Building Permits. Building Permit plan review, including review by the Santa
Clara County Fire Department and the Parks and Public Works Department, will be part
of any required Building Permit application process.
11. ACCESSIBILITY. In addition to all new work complying with the Code for accessibility,
when existing buildings are altered or remodeled, they must be made accessible to
persons with physical disabilities in accordance with the CBC Section 11B-202, “Existing
buildings and facilities”.
This Page
Intentionally
Left Blank