Exhibit 4 - Recommended Conditions of Approval
PLANNING COMMISSION – July 24, 2024
CONDITIONS OF APPROVAL
120 Oak Meadow Drive
Subdivision Application M-20-011
Architecture and Site Application S-22-021
Requesting Approval for Subdivision of One Lot into Two Lots, Modification of
Planned Development Ordinance 1412, Construction of a Single-Family Residence,
and Site Work Requiring a Grading Permit on Property Zoned O:PD. APN 529-10-
131. Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land
Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.
Property Owners: Marty and Penny McFarland
Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and
Jay Plett, Architect (S-22-021)
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 dependin g 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. 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. TREE REPLACEMENT: Prior to issuance of a Building Permit, the location, size, and species
of all required replacement trees shall be provided on the project plans.
6. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan, and must remain on the site.
7. 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.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
EXHIBIT 4
10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist Report dated December 16, 2022, 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. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
12. 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.
13. 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.
14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
15. PERMITS REQUIRED: A Building Permit is required for the construction of the new single -
family residence and attached garage. An additional Building Permit will be required for
the PV System if the system is required by the California Energy Code.
16. 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.
17. 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.
18. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
19. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
20. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official,
containing foundation, and retaining wall design recommendations, shall be submitted
with the Building Permit Application. This report shall be prepared by a licensed Civil
Engineer specializing in soils mechanics.
21. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) feet in depth, or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall confirm to the Cal/OSHA regulations.
22. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project Building Inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the Soils Report, and that the building pad elevations and on -site retaining
wall locations and elevations have been prepared according to the approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
23. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.
24. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing,
no more than 1 inch out of plane with the immediate interior floor level and with an
18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
25. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The To wn of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
26. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
27. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit. The
Town Special Inspection form must be completely filled-out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available online at
www.losgatosca.gov/building.
28. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) shall be
part of the plan submittal as the second page. The specification sheet is available online at
www.losgatosca.gov/building.
29. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
30. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right -of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the
end of the day. Dirt and debris shall not be washed into storm drainage facilities. The
storing of goods and materials on the sidewalk and/or the public street will not be
allowed unless an encroachment permit is issued by the Engineering Di vision of the Parks
and Public Works Department. The Owner’s representative in charge shall be at the job
site during all working hours. Failure to maintain the public right -of-way according to this
condition may result in the issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Owner’s expense.
31. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
32. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’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.
33. 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.
34. 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.
Failure to do so will result in penalties and rejection of any work that occurred without
inspection.
35. 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 ident ified 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.
36. 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 and the appeal period has passed, the grading
permit application with grading plans and associated required materials shall be
submitted via email to the PPW engineer assigned to the A&S review. Plan check fees
(determined after initial submittal) shall be sent to the Engineering Division of the Parks
and Public Works Department located at 41 Miles Avenue. 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 permi t, the Owner’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.
37. SECURITY OF PERFORMANCE: Prior to approval of the grading permit, the applicant shall
provide security for the performance of the work described and delineated on the
approved grading plans. The form of security shall be one or a combination of the
following to be determined by the Town Engineer and subject to the approval of the Town
Attorney.
a. Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form
approved by the Town.
b. Deposit, with the Town, money, negotiable bonds of the kind approved for securing
deposits of public monies, or other instrument of credit from one (1) or more financial
institutions subject to regulation by the State or Federal Government wherein such
financial institution pledges funds are on deposit and guaranteed for payment.
38. GRADING 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.
39. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of permits or recordation of maps.
40. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
41. 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.
42. 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.
43. 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 Inspector. At a minimum,
watering shall occur three (3) times daily unless the contractor applies a 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 and private 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).
44. 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.
45. 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.
46. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
47. 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
48. 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.
49. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m. during the week and
9:00 a.m. to 4:00 p.m. on 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.
50. WATER METER: Water meters shall be relocated within the property in question, directly
inside the property line. The Owner, Applicant and/or Developer shall repair and replace
to existing Town standards any portion of concrete flatwork that is damaged dur ing this
activity prior to issuance of a certificate of occupancy.
51. 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, Appli cant
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.
52. 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.
53. 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.
54. 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.
55. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not occur during the rainy season, as defined by Town Code
of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15).
56. DRIVEWAY: The driveway conform with the existing pavement on Oak Meadow Drive shall
be constructed in a manner such that the existing drainage patterns will not be
obstructed.
57. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall
be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all
proposed or required easements and/or permissions necessary to perform the grad ing
herein proposed. Proof of agreement/approval is required prior to the issuance of any
Permit.
58. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: a drainage
study of the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that the proposed
drainage patterns will not overload the existing storm drain facilities; and detailed
drainage studies indicating how the project grading, in conjunction with the drainage
conveyance systems (including applicable swales, channels, street flows, catch basins,
storm drains, and flood water retarding) will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and including
the theoretical 100-year flood.
59. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a building permit. An arborist report may be necessary. Please contact
Tammy Robnett-Illges, Engineering Technician at trobnett-illges@losgatosca.gov or (408)
399-5771 for more information.
60. 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.
61. 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 approved by the
Engineering Division of Parks and Public Works during the grading permit plan revi ew
process.
62. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a
grading or building permit, structural details for the proposed retaining walls located
immediately adjacent to or in the immediate vicinity of existing buildings on adjoining lots
shall be submitted confirming that said walls will not negatively affect the structural
integrity of these buildings.
63. PARCEL MAP: A parcel map shall be recorded. A PDF of the parcel map and all associated
materials shall be submitted to the Engineering Division of the Parks and Public Works
Department for review and approval. Submittal shall include closure calculations , title
reports and the appropriate fee. The map shall be recorded prior to the issuance of any
grading or building permits.
64. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity
fees shall be paid either immediately prior to the recordation of any subdivision maps
with respect to the subject property or properties or immediately prior to the issuanc e of
a sewer connection permit, which ever event occurs first. Written confirmation of
payment of these fees shall be provided prior to map recordation.
65. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any grading or building permits are
issued:
66. Private storm drainage easement for Parcel B over Parcel A.
67. Landscape Easement for Parcel A over Parcel B.
68. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During
construction, all excavations, grading, foundations, and retaining walls shall be inspected
by the Owner’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 Owner’s soils engineer and submitted to the
Town before a certificate of occupancy is granted.
69. GEOTECHNICAL/GEOLOGICAL RECOMMENDATIONS: The project shall incorporate the
geotechnical/geological recommendations contained in the project’s design -level
geotechnical/geological investigation as prepared by the Owner’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 Owner,
Applicant and/or Developer.
70. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and
geotechnical engineering studies may be required in support of the design of the
infrastructure and the building type, and the reports and plans shall be submitted to the
Town for review.
71. 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.
72. 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.
73. 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 before a
Certificate of Occupancy for any new building can be issued. Waiver of this condition will
require signed and notarized letters from all affected neighbors.
74. TRAFFIC IMPACT MITIGATION FEE: Prior to the parcel map recordation, the Owner shall
pay the project's proportional share of transportation improvements needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit is issued. The
amount based on the current resolution is $10,410.72. The final traffic impact mitigation
fee for this project shall be calculated from the final plans using the current fee schedule
and rate schedule in effect at the time, using a comparison between the existing and
proposed uses. For more information please contact Mike Vroman, Senior Traffic Engineer
MVroman@losgatosca.gov (408) 399-5777.
75. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any grading or building
permit, the Owner, Applicant and/or Developer shall complete a pavement condition
survey documenting the extent of existing pavement defects using a smartphone video (in
Landscape orientation only) or digital video camera. The survey shall extend the length of
Oak Meadow Drive. The results shall be documented in a report and submitted to the
Town for review.
76. POSTCONSTRUCTION PAVEMENT SURVEY: The Owner, Applicant and/or Developer shall
complete a pavement condition survey to determine whether road damage occurred as a
result of project construction and whether there were changes in pavement strength.
Rehabilitation improvements shall be required to restore the pavement to pre -
construction conditions. The results shall be documented in a report and submitted to
the Town for review and approval before a Certificate of Occupancy for any new building
can be issued. The Owner, Applicant and/or Developer shall be responsible for
completing any required road repairs prior to release of the faithful performance bond.
77. 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 t he
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.
For more information please contact Mike Vroman, Senior Traffic Engineer
MVroman@losgatosca.gov (408) 399-5777.
78. 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 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.
79. SHARED PRIVATE STREET: The private street accessing Project Site shall be kept open and
in a safe, drive-able condition throughout construction. If temporary closure is needed,
then formal written notice shall be provided at least one week in advance of c losure.
80. PRIVATE STREET PAVEMENT RESTORATION: Prior to issuance of a Certificate of Occupancy
for any new building, the Owner shall complete any necessary road repairs.
81. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site
shall be kept open and in a safe, drive-able condition throughout construction and in
perpetuity after construction has been completed. If temporary closure is needed, then
formal written notice shall be provided at least one (1) week in advance of closure.
82. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement (EVAE) that
traverses the Project Site shall be kept open and in a safe, drive-able condition throughout
construction. If temporary closure is needed, then formal written notice shall be prov ided
at least one week in advance of closure.
83. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used. A
Sanitary Sewer Clean-out is required for each property at the property line, wit hin one (1)
foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a
location specified by the Town.
84. SANITARY SEWER BACKWATER VALVE: Sewer 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 sewer piping shall be protected from backflow of sewage by installing an
approved 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.
85. 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.
86. 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.
87. INFILTRATION BASIN: The following requirements apply to the proposed infiltration
basins:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical engineer shall
review the design of the infiltration basin and determine whether additional structural
supports are needed to ensure stability of the road and the adjacent hillside du ring
the wet season.
b. The assumed infiltration rate shall be verified with actual site-specific soils data prior
to the Final Stormwater Control Plan for the road and development, and if the
infiltration rate is lower than expected, a hydrologic analysis shall be conducted to
ensure that the proposed trench sizes are adequate.
c. The road and infiltration trenches shall be protected from sediment generated during
construction of homes on the lots. The proposed source control measures shall be
indicated on the project plans.
d. Maintenance of stormwater treatment and the infiltration trenches shall be the
responsibility of the property owner and/or future property owners.
88. 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.
89. 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.
90. 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 construction
management plan, 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 three 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.
91. 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 grading plans, reviewed by the Engineering Division of the Parks
and Public Works Department, and approved for implementation.
92. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a
connection to the sanitary sewer system, subject to West Valley Sanitation District’s
authority and standards, to facilitate draining events. Discharges from this/these
feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain
system.
93. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. 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.
94. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be hand delivered or mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Checks must be made out to “Town of Los Gatos” and should include the project address
and application number on memo/note line.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
95. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
96. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) 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 903.2.12 whichever is the more
restrictive and Sections 903.2.14 through 903.2.21. 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. An automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows: a. Buildings
and structures not located in any Wildland -Urban Interface and not exceeding 1,200
square feet of fire area. b. Buildings and structures located in any Wildland -Urban
Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S -2 or U
occupancies, including photovoltaic support structures, used exclusively for vehicle
parking which meet all of the following: i. Noncombustible construction. ii. Maximum
5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor
75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or
similar structures, unless area is separated by fire walls complying with California Building
Code 706. d. Canopies, constructed in accordance weather protection of vehicle fueling
pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area. 2. An automatic
sprinkler system shall be installed throughout all new buildings with a Group R fire area.
Exception: Accessory Dwelling Unit, provided that all of the following are met: a. The unit
meets the definition of an Accessory Dwelling Unit as defined in the Government Code
Section 65852.2. b. The existing primary residence does not have automatic fire
sprinklers. c. The accessory dwelling unit does not exceed 1,200 square feet in size. d. The
unit is on the same lot as the primary residence. e. T he unit meets all apparatus access
and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire
Code. 3. An approved automatic fire sprinkler system shall be installed in new
manufactured homes (as defined in California Health and Safety Code Sections 18007 and
18009) and multifamily manufactured homes with two dwelling units (as defined in
California Health and Safety Code Section 18008.7) in accordance with Title 25 of the
California Code of Regulations. 4. An automatic sprinkler system shall be installed
throughout existing buildings with a Group R fire area when additions are made causing
the fire area to exceed 3,600 square feet. Exception: Additions where all of the following
are met: a. Building addition does not exceed 500 sq uare feet. b.The resultant structure
meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California
Fire Code. 5. An automatic sprinkler system shall be provided throughout existing Group
A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase
the fire area to more than 3,600 square feet or that create conditions described in
Sections 903.2.1 through 903.2.18. 6. Any change in the character of occupancy or in use
of any building with a fire area equal to or greater than 3,600 square feet which, in the
opinion of the fire code official or building official, would place the building into a more
hazardous division of the same occupancy group or into a different group of occupancies
and constitutes a greater degree of life safety 1 or increased fire risk 2 , shall require the
installation of an approved fire automatic fire sprinkler system.
97. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is
500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes
installation of automatic fire sprinklers per CFC [903.3.1.3]
98. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (As Noted on road study with a
compliance roadway from Blossom Hill Rd to Forrest ave) Provide an access roadway with
a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turnin g radius of 50 feet outside and 30 feet
inside, and a maximum slope of 15%. Installations shall conform to Fire Department
Standard Details and Specifications sheet A-1. CFC Sec. 503.
99. WATER SUPPLY REQUIREMENTS: (As Noted on Sheet A-1) Potable water supplies shall be
protected from contamination caused by fire protection water supplies. It is the
responsibility of the applicant and any contractors and subcontractors to contact the
water purveyor supplying the site of such project, and to comply with the requirements of
that purveyor. Such requirements shall be incorporated into the design of any water -
based fire protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable of
causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health
and Safety Code 13114.7.
100. ADDRESS IDENTIFICATION: (As Noted on Sheet A-1) New and existing buildings shall have
approved address numbers, building numbers or approved building identification placed
in a position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Where required by the fire
code official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Address numbers shall be Arabic numbers or alpha betical
letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole or other sign or means shall be
used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
101. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A-1) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
102. GENERAL: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]