Exhibit 2 - Conditions of ApprovalPLANNING COMMISSION – July 10, 2024 - DRAFT
CONDITIONS OF APPROVAL
17020 Los Cerritos Drive
Architecture and Site Application S-24-005
Requesting Approval for Site Improvements (Retaining Walls) Requiring a Grading
Permit on Property Zoned HR-1. APN 532-21-012 and -013. Categorically Exempt
Pursuant to CEQA Guidelines Section 15304: Minor Alterations to Land.
PROPERTY OWNER: Sandra Campbell
APPLICANT: David Fox
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. CONSTRUCTION HOURS: Construction work hours for this project are restricted to
Monday through Friday, 8:00 a.m. to 5:00 p.m. and no construction on Town observed
holidays.
4. 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.
5. 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.
6. 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.
7. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
8. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report dated as receiv ed April 29, 2024
prepared by Monarch Consulting Arborists, 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.
9. LANDSCAPE PLAN: Prior to issuance of a building permit a landscape plan shall be
provided and be incompliance with the Hillside Development Standards and Guidelines.
10. WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
EXHIBIT 2
11. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall
be minimized to the greatest extent feasible. Construction activities that include any tree
removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird
nesting season (January 15 through September 15) to the greatest extent feasible. If this
type of construction starts, if work is scheduled to start or if work already occurring during
the nesting season stops for at least two weeks and is scheduled to resume during the
bird nesting season, then a qualified biologist shall conduct a pre-construction surveys for
nesting birds to ensure that no nests would be disturbed during project construction. If
project-related work is scheduled during the nesting season (February 15 to August 30 for
small bird species such as passerines; January 15 to September 15 for owls; and February
15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird
surveys. Two surveys for active nests of such birds shall occur within 14 days prior to start
of construction, with the second survey conducted with 48 hours prior to start of
construction. Appropriate minimum survey radius surrounding each work area is typically
250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors.
Surveys shall be conducted at the appropriate times of day to observe nesting activities. If
the qualified biologist documents active nests within the project site or in nearby
surrounding areas, an appropriate buffer between each nest and active construction shall
be established. The buffer shall be clearly marked and maintained until the young have
fledged and are foraging independently. Prior to construction, the qualified biologist shall
conduct baseline monitoring of each nest to characterize “normal” bird behavior and
establish a buffer distance, which allows the birds to exhibit normal behavior. The
qualified biologist shall monitor the nesting birds daily during construction activitie s and
increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive
flights and vocalizations, standing up from a brooding position, and/or flying away from
the nest). If buffer establishment is not possible, the qualified biologist or construction
foreman shall have the authority to cease all construction work in the area until the young
have fledged and the nest is no longer active.
12. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure
demolition activities, a qualified biologist shall conduct a habitat assessment for bats and
potential roosting sites in trees to be removed, in trees within 50 feet of the deve lopment
footprint, and within and surrounding any structures that may be disturbed by the
project. These surveys will include a visual inspection of potential roosting features (bats
need not be present) and a search for presence of guano within the project site,
construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating
bark, and bark fissures that could provide suitable potential nest or roost habitat for bats
shall be surveyed. Assumptions can be made on what species is present due to observed
visual characteristics along with habitat use, or the bats can be identified to the species
level with the use of a bat echolocation detector such as an “Anabat” unit. Potential
roosting features found during the survey shall be flagged or marked.
If no roosting sites or bats are found, a letter report confirming absence will be prepared
and no further measures are required.
If bats or roosting sites are found, a letter report and supplemental documents will be
prepared prior to grading permit issuance and the following monitoring, exclusion, and
habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1),
they will be evicted as described under (b) below. If bats are found roosting during the
nursery season, they will be monitored to determine if the roost site is a maternal
roost. This could occur by either visual inspection of the roost bat pups, if possible, or
by monitoring the roost after the adults leave for the night to listen for bat pups. If the
roost is determined to not be a maternal roost, then the bats will be evicted as
described under (b) below. Because bat pups cannot leave the roost until they are
mature enough, eviction of a maternal roost cannot occur during the nursery season.
Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if
determined in consultation with the CDFW) will be established around the roosting
site within which no construction activities including tree removal or structure
disturbance will occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or
on any structures scheduled to be disturbed by project activities, the individuals will
be safely evicted, under the direction of a qualified bat biologist. If pre -construction
surveys determine that there are bats present in any trees to be removed, exclusion
structures (e.g. one-way doors or similar methods) shall be installed by a qualified
biologist. The exclusion structures shall not be placed until the time of year in which
young are able to fly, outside of the nursery season. Information on placement of
exclusion structures shall be provided to the CDFW prior to construction.
If needed, other methods conducted under the direction of a qualified bat biologist could
include: carefully opening the roosting area in a tree or snag by hand to expose the cavity
and opening doors/windows on structures, or creating openings in walls to allow light into
the structures. Removal of any trees or snags and disturbance of any structures will be
conducted no earlier than the following day (i.e., at least one night will be provided
between initial roost eviction disturbance and tree removal/stru cture disturbance). This
action will allow bats to leave during dark hours, which increases their chance of finding
new roosts with a minimum of potential predation.
13. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within a 50-
meter radius of the find will be halted, the Community Development Director will be
notified, and an archaeologist will be retained to examine the find and make
appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be notified. The
Coroner will determine whether or not the remains are Native American. If the
Coroner determines the remains are not subject to his authority, he will notify the
Native American Heritage Commission, who shall attempt to identify descendants of
the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not a
significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are
accepted. Provisions for identifying descendants of a deceased Native American and
for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If
the site is found to be a significant archaeological site, a mitigation program wi ll be
prepared and submitted to the Community Development Director for consideration
and approval, in conformance with the protocol set forth in Public Resources Code
Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant
archaeological site, and/or when Native American remains are found on the site. The
final report will include background information on the completed work, a description
and list of identified resources, the disposition and curation of these resources, any
testing, other recovered information, and conclusions.
14. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures
to minimize impacts on woodrats and active woodrat nests on the project site.
• PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction
survey for San Francisco dusky-footed woodrat nests within 30 days of the start of
work activities. If active woodrat nests are determined to be present in, or within 10
feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will
be implemented, as appropriate. If no active woodrat nests are present on or within
10 feet of impact areas, no further conditions are warranted.
• AVOIDANCE. Active woodrat nests that are detected within the work area will be
avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained
between project activities and woodrat nests to avoid disturbance. In some situations,
a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation
(below) would represent a greater disturbance to the woodrats than the adjacent
work activities.
• NEST RELOCATION. If avoidance of active woodrat nests within and immediately
adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will
be relocated to suitable habitat as close to the project site as possible (ideally, within
or immediately adjacent to the project site).
Relocation efforts will avoid the peak nesting season (February-July) to the maximum
extent feasible. Prior to the start of construction activities, a qualified biologist will disturb
the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside
of the construction area. Disturbance of the woodrat nest will be initiated no earlier than
one hour before dusk to prevent the exposure of woodrats to diurnal predators.
Subsequently, the biologist will dismantle and relocate the nest material by hand. During
the deconstruction process, the biologist will attempt to assess if there are juveniles in the
nest. If immobile juveniles are observed, the deconstruction process will be discontinued
until a time when the biologist believes the juveniles will be capable of independent
survival (typically after 2 to 3 weeks). A no-disturbance buffer will be established around
the nest until the juveniles are mobile. The nest may be dismantled once the biologist has
determined that adverse impacts on the juveniles would not occur.
15. 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, includin g
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 no t 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.
16. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
17. PERMITS REQUIRED: A Building Permit will be required for all retaining walls that support
a surcharge.
18. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California
Code of Regulations Title 24, Parts 1-12.
19. 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.
20. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
21. 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.
22. 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.
23. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project Building Inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the Soils
Report, and that the building pad elevations and on-site retaining wall locations and
elevations have been prepared according to the approved plans. Horizontal and vertical
controls shall be set and certified by a licensed surveyor or registered Civil Engineer for
the following items: a. Retaining wall(s) locations and elevations.
24. 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.
25. 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.
26. 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
27. GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public
right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other
construction debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street
will not be allowed unless an encroachment permit is issued by the Engineering Division of
the Parks and Public Works Department. The Applicant's representative in charge shall be
at the job site during all working hours. Failure to maintain the public right -of-way
according to this condition may result in the issuance of correction notices, citations, or
stop work orders and the Town performing the required maintenance at the Applicant's
expense.
28. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
29. 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.
30. PUBLIC WORKS INSPECTIONS: The Applicant or their representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right -of-way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
31. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of the Applicant's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at t he
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. The Applicant shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existi ng
conditions.
32. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
33. STREET CLOSURE: Any proposed blockage or partial closure of the street 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.
34. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Town prior to plan review at the Engineering Division of the Parks and Public
Works Department.
35. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any permits.
36. 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 studies imposed by Planning
Commission or Town Council shall be funded by the Applicant.
37. 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, a new 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 Owner/Applicant’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.
38. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after the rainy season, as defined by
the State Water Resources Control Board (October 1 -April 30), has ended.
39. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading
activities and operations shall be in compliance with Section III of the Town’s Hillside
Development Standards and Guidelines.
40. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading or building permits,
whichever comes first, the Applicant 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.
41. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit.
42. 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.
43. PRECONSTRUCTION MEETING: Prior to the commencement of any site work, the general
contractor shall:
a. Along with the project applicant, attend a pre -construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site maintenance
and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub -contractors have read and
understand them as well prior to commencing any work, and that a copy of the project
conditions of approval will be posted on-site at all times during construction.
44. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading permit plan r eview
process.
46. SOILS REPORT: 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 conf ormance
with Section 6735 of the California Business and Professions Code.
47. GEOLOGY AND SOILS MITIGATION MEASURE: The geotechnical study shall provide
recommendations for site grading as well as the design of retaining walls, excavation, and
drainage. All recommendations of the investigation shall be incorporated into project
plans.
48. SOILS REVIEW: The Applicant’s soils engineer shall review the final grading and drainage
plans to ensure that designs for retaining walls, site grading, and site drainage are in
accordance with their recommendations and the peer review comments. Approval of the
Applicant’s soils engineer shall then be conveyed to the Town either by letter or by signing
the plans.
49. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Applicant’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 Applicant’s soils engineer and submitted to the Town before final release of a ny
certificate of occupancy is granted.
50. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design -level geotechnical/geological
investigation as prepared by the Applicant’s engineer(s), and any subsequently required
report or addendum. Subsequent reports or addendum are subject to peer review by the
Town’s consultant and costs shall be borne by the Applicant.
51. 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.
52. 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.
53. 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 a grading or building
permit.
54. HAULING OF SOIL: Hauling of soil on- or off-site shall only occur during Monday through
Friday between 8:00 am and 5:00 pm (no holidays). Prior to the issuance of a grading or
building permit, the Applicant shall work with the Town Building Department and
Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient
traffic flow under periods when soil is hauled on or off of the project site. This may
include, but is not limited to provisions for the Applicant/Owner to plac e 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.
55. 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 5:00 p.m., Monday
through Friday (no holidays).
56. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 5:00 p.m., Monday through
Friday (no 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.
57. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Applicant shall submit a construction management plan sheet (full -
size) within the plan set that shall incorporate at a minimum the Earth Movement Plan,
Project Schedule, site security fencing, employee parking, construction staging area,
materials storage area(s), concrete washout(s) and proposed outhouse location(s). Please
refer to the Town’s Construction Management Plan Guidelines document for additional
information.
58. WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each
property at the property line, or at a location specified by the Town.
59. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all 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.
60. 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 permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
61. 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.
62. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the Town, or a minimum of three (3)
times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites in order to insure proper control of blowing dust
for the duration of the project. Watering on public streets shall not occur. Streets shall be
cleaned by street sweepers or by hand as often as deemed necessary by the Town
Engineer, or at least once a day. Watering associated with on-site construction activity
shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
63. 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.
64. 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. No improvements
shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
65. SITE DRAINAGE – EARTH BERM: Prior to the issuance of a grading or building permit, an
earth berm to divert the conveyance of drainage away from the property immediately to
the west (APN 532-34-043) shall be proposed to the satisfaction of the Town Engineer.
66. 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.
67. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Applicant's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in penalties and/or
the Town performing the required maintenance at the Applicant's expense.
68. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
69. The fire departement has no comments or conditions. The plans are approved as
submitted. This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction . A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations may not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.6]
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