Exhibit 3 - Recommended Conditions of Approval
PLANNING COMMISSION – June 26, 2024
CONDITIONS OF APPROVAL
123 Wilder Avenue
Architecture and Site Application S-23-039
Variance Application V-24-001
Requesting Approval for Technical Demolition of a Contributing Single-Family
Residence and Construction of a New Single-Family Residence to Exceed the Floor
Area Ratio (FAR) Standards and Requiring a Variance to Side Yard Setback
Requirements Located in the Almond Grove Historic District on Property Zoned R -
1D:LHP. APN 510-18-008. Categorically Exempt Pursuant to CEQA Guidelines Section
15301: Existing Facilities.
Property Owner: Boguslaw Marcinkowski and Brygida Sas-Marcinkowski.
Applicant: Jose De La O.
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. 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.
4. DEMOLITION AFFIDAVIT: Prior to issuance of a building permit, a demolition affidavit
must be submitted and signed by the property owner, project architect, project engineer
and contractor.
5. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project
identification signage on the project site shall be removed within 30 days of approval of
the Architecture & Site application.
6. 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.
7. 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.
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
EXHIBIT 3
shall remain through all phases of construction. Include a tree protection plan with the
construction plans.
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. 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, act ion, 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 dis cretion,
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 at 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.
12. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
13. PERMITS REQUIRED: A Building Permit is required for the renovation of the existing
structure consisting of exterior siding and window replacement.
14. 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 Reach Codes.
15. 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.
16. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
17. 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.
18. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
19. 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 online
at www.losgatosca.gov/building.
20. 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 online
at www.losgatosca.gov/building.
21. 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
22. 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.
23. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Or hand deliver/drop off payment in engineering lock box
Checks made out to “Town of Los Gatos” and should mention address and application
number on memo/note line.
24. 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.
25. 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.
26. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use
or occupancy of any non-residential condominium space, the buyer or the new or
existing occupant shall apply to the Community Development Department and obtain
approval for use determination and building permit and obtain inspection approval for
any necessary work to establish the use and/or occupancy consistent with that
intended.
27. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
the Town on a yearly basis. In addition to general coverage, the policy must cover all
elements encroaching into the Town’s right-of-way.
28. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or 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.
29. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or
their representative shall repair or replace all existing improvements not designated for
removal that are damaged or removed because of the Owner, Applicant and/or
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 Owner, Applicant and/or Developer or their
representative shall request a walk-through with the Engineering Construction Inspector
before the start of construction to verify existing conditions.
30. 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.
31. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
32. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of permits or recordation of maps.
33. 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.
34. 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
Owner, Applicant and/or Developer.
35. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: All grading
work taking place with this application and related applications/projects within a two
year time period are considered eligible for the grading permit process and will be
counted toward the quantities used in determining grading permit requirements. 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.
36. GRADING: Any grading work, cut/fill, earthwork or combination thereof (completed or
proposed on submitted plans) on the parcel over the upcoming two-year period are
combined with regards to grading permit thresholds. This also applies to adjacent
parcels with identical owners, applicants and or developers.
37. 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.
38. 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 sha ll 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 To wn. 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. For sites greater than four (4) acres in area:
a. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.).
b. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour.
c. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
d. Replant vegetation in disturbed areas as quickly as possible.
e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
39. 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.
40. 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.
41. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
42. 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
43. 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.
44. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 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, Applicant and/or 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.
45. 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.
46. WATER METER: Water meters shall be relocated within the property in question,
directly behind the public right-of-way line. The Owner, Applicant and/or 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.
47. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts shall be relocated within the
property in question, within one (1) foot of the property line per West Valley Sanitation
District Standard Drawing 3, or at a location specified by the Town. The Owner,
Applicant and/or 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.
48. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or
the commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, setup a pre-construction
meeting with Eric Christianson, Senior Public Works Inspector
echristianson@losgatosca.gov (408) 354-6824 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.
49. 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.
50. 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.
51. DRIVEWAY: The driveway conform to existing pavement on Wilder shall be constructed
in a manner such that the existing drainage patterns will not be obstructed.
52. DRIVEWAY APPROACH: The Owner, Applicant and/or Developer shall install a Town
standard residential driveway approach. The new driveway approach shall be
constructed per Town Standard Plans and must be completed and accepted by the
Town before a Certificate of Occupancy for any new building can be issued. New
concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that
is displaying a stamp or equal shall be removed and replaced at the Contractor’s so le
expense and no additional compensation shall be allowed therefore.
53. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town
prior to recordation of a map. The joint trench plans shall include street and/or site
lighting and associated photometrics. A letter shall be provided by PG&E stating that
public street light billing will by Rule LS2A, and that private lights shall be metered with
billing to the homeowners’ association. Pole numbers, assigned by PG&E, shall be
clearly delineated on the plans.
54. 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.
55. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or
temporarily removed utility services, including telephone, electric power and all other
communications lines underground, as required by Town Code Section 27.50.015(b). All
new utility services shall be placed underground. Underground conduit shall be
provided for cable television service. The Owner, Applicant and/or Developer is
required to obtain approval of all proposed utility alignments from any and all utility
service providers before a Certificate of Occupancy for any new building can be issued.
The Town of Los Gatos does not approve or imply approval for final alignment or design
of these facilities.
56. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed
subject to the following requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used.
c. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift
shall be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of
three-quarter (¾) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the slurry seal shall
extend the full width of the street and shall extend five (5) feet beyond the
longitudinal limits of trenching. Slurry seal materials shall be approved by the Town
Engineering Construction Inspector prior to placement. Black sand may be required
in the slurry mix. All existing striping and pavement markings shall be replaced upon
completion of slurry seal operations. All pavement restorations shall be completed
and approved by the Inspector before occupancy.
57. SIDEWALK REPAIR: The Owner, Applicant and/or Developer shall repair and replace to
existing Town standards any sidewalk damaged now or during construction of this
project. All new and existing adjacent infrastructure must meet current ADA standards.
Sidewalk repair shall match existing color, texture and design, and shall be constructed
per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti,
etc. Any concrete identified that is displaying a stamp or equal shall be remove d 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 improv ements
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued.
58. CURB AND GUTTER REPAIR: The Owner, Applicant and/or Developer shall repair and
replace to existing Town standards any curb and gutter damaged now or during
construction of this project. All new and existing adjacent infrastructure must meet
Town standards. New curb and gutter shall be constructed per Town Standard Details.
New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified
that is displaying a stamp or equal shall be removed and replaced at the Contractor’s
sole expense and no additional compensation shall be allowed therefore. The limits of
curb and gutter repair will be determined by the Engineering Construction Inspector
during the construction phase of the project. The improvements must be completed
and accepted by the Town before a Certificate of Occupancy for any new building can be
issued.
59. VALLEY GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing Town
standards any valley gutter damaged now or during construction of this project. All new
and existing adjacent infrastructure must meet Town standards. New valley 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 valley 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.
60. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
61. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor’s property will
need to be removed and replaced to the correct location of the boundary lines bef ore a
Certificate of Occupancy for any new building can be issued. Waiver of this condition
will require signed and notarized letters from all affected neighbors.
62. 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. P rior to
the issuance of a grading or building permit, the Owner and/or Applicant 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 and/or Applicant to place construction not ification 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.
63. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or 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.
64. NPDES STORMWATER COMPLIANCE: In the event that, during the production of
construction drawings for the plans approved with this application by the Town of Los
Gatos, it is determined that the project will create and/or replace more than 2,500
square feet of impervious area, completion of the NPDES Stormwater Compliance Small
Projects Worksheet and implementation of at least one of the six low impact
development site design measures it specifies shall be completed and submitted to the
Engineering Division before issuance of a grading/building permit.
65. IMPAIRED WATER BODIES: Projects that discharge directly to CWA section 303(d) listed
water bodies shall implement appropriate source control, site design and treatment
measures for the listed pollutants of concern.
66. 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.
67. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
maximum of two (2) weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy season. Interim
erosion control measures, to be carried out during construction and before installation
of the final landscaping, shall be included. Interim erosion control method shall include,
but are not limited to: silt fences, fiber rolls (with locations and details), erosion control
blankets, Town standard seeding specification, filter berms, check dams, retention
basins, etc. Provide erosion control measures as needed to protect downstream water
quality during winter months. The Town of Los Gatos Engineering Division of the Parks
and Public Works Department and the Building Department will conduct periodic NPDES
inspections of the site throughout the recognized storm season to verify compliance
with the Construction General Permit and Stormwater ordinances and regulations.
68. 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.
69. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
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