Exhibit 3 - Recommended Conditions of Approval
PLANNING COMMISSION – January 8, 2025
CONDITIONS OF APPROVAL
45 Reservoir Road
Architecture and Site Application S-22-048
Consider a Request for Approval to Construct a New Single-Family Residence with
Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading
Permit, and Removal of Large Protected Trees on a Nonconforming Vacant Property
Zoned R-1:20. APN 529-33-054. Categorically Exempt Pursuant to CEQA Guidelines
Section 15303: New Construction.
Property Owner: Farnaz Agahian
Applicant: Gary Kohlsaat, Architect
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
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. 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. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report for the project, on file in the
Community Development Department. These recommendations must be incorporated in
the building permit plans and completed prior to issuance of a building permit where
applicable.
7. TREE FENCING: Protective tree fencing and other protection measures consistent with
Section 29.10.1005 of the Town Code 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.
EXHIBIT 3
9. LANDSCAPE SPECIES: Revise all landscape species to be consistent with the Hillside
Development Standards and Guidelines.
10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
12. 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. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside
Development Standards & Guidelines.
14. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder’s Office that requires all
exterior materials be maintained in conformance with the Town’s Hillside Development
Standards & Guidelines.
15. MAINTENANCE AGREEMENT: Following the issuance of a certificate of occupancy, the
property owner shall execute a five-year maintenance agreement with the Town that the
property owner agrees to protect and maintain the trees shown to remain on the
approved plans, trees planted as part of the tree replacement requirements, and
guarantees that said trees will always be in a healthy condition during the term of the
maintenance agreement.
16. TREE DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder’s Office that identifies the
on-site trees that were used to provide screening in the visibility analysis and requires
their replacement if they die or are removed.
17. 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 activities 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.
18. 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 development
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/structure 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.
19. 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 will 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.
20. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures
to minimize impacts on woodrats and active woodrat nests on the project site.
a. 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.
b. 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.
c. 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.
21. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement (“the Project”) from the Town shall
defend (with counsel approved by Town), indemnify, and hold harmless the Town, its
agents, officers, and employees from and against any claim, action, or proceeding
(including without limitation any appeal or petition for review thereof) against the Town
or its agents, officers or employees related to an approval of the Project, including
without limitation any related application, permit, certification, condition, environmental
determination, other approval, compliance or failure to comply with applicable laws and
regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to)
defend such Challenge as Town, in its sole discretion, determines appropriate, all at
applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred
by Applicant, Town, or awarded to any third party, and shall pay to the Town upon
demand any Costs incurred by the Town. No modification of the Project, any application,
permit certification, condition, environmental determination, other approval, change in
applicable laws and regulations, or change in such Challenge as Town, in its sole
discretion, determines appropriate, all the applicant’s sole cost and expense. No
modification of the Project, any application, permit certification, condition, environmental
determination, other approval, change in applicable laws and regulations, or change in
processing methods shall alter the applicant’s indemnity obligation.
22. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
23. 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 that is required by the California Energy Code.
24. 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.
25. 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.
26. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
27. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
28. 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.
29. 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.
30. 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
31. 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.
32. 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.
33. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
34. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
35. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R337 of the 2019 California Residential Code,
Public Resources Code 4291 and California Government Code Section 51182.
36. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California
licensed Landscape Architect in conformance with California Public Resources Code 4291
and California Government Code Section 51182.
37. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape
Architect certifying the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code Section
51182.
38. 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.
39. 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.
40. 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
41. 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.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. 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.
50. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
51. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of permits or recordation of maps.
52. 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.
53. 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.
54. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: In the event
that, during the production of construction drawings and/or during construction of the
plans approved with this application by the Town of Los Gatos, it is determined that a
grading permit would be required as described in Chapter 12, Article II (Grading Permit) of
the Town Code of the Town of Los Gatos, an Architecture and Site Application would need
to be submitted by the Owner for review and approval by the Development Review
Committee prior to applying for a grading permit.
55. 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.
a. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a
minimum of three (3) times daily or apply (non‐toxic) soil stabilizers on all unpaved
access roads, parking areas, and staging areas at construction sites in order to insure
proper control of blowing dust for the duration of the project. Watering on public
streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often
as deemed necessary by the Town Engineer, or at least once a day. Watering
associated with on‐site construction activity shall take place between the hours of 8
a.m. and 5 p.m. and shall include at least one (1) late‐afternoon watering to minimize
the effects of blowing dust. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Town. Demolition or earthwork activities shall be halted when wind
speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks
hauling soil, sand, or other loose debris shall be covered.
56. 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.
57. 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.
58. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
59. 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
60. SITE DESIGN MEASURES: This project 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.
61. 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.
62. 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.
63. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts shall be relocated within the
property in question.
64. 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, attend a pre‐construction meeting
with the Town Inspector to discuss the project conditions of approval, working hours,
site maintenance, and other construction matters.
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub‐contractors have read and
understand them as well prior to commencing any work, and that a copy of the
project conditions of approval will be posted on‐site at all times during construction.
65. 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.
66. 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.
67. 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). Grading work taking place either simultaneously, on‐site is
considered eligible for the grading permit process and could be counted toward
quantities, depending on permit status. 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. The grading plans shall include topographic
map/existing conditions, final grading, drainage, retaining wall location(s), driveway,
utility sheet and 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’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.
68. 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 (1) 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.
69. 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).
70. 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 grading
herein proposed. Proof of agreement/approval is required prior to the issuance of any
Permit.
71. 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.
72. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits, the Owner,
Applicant and/or Developer shall: a) design provisions for surface drainage; and b) design
all necessary storm drain facilities extending to a satisfactory point of disposal for the
proper control and disposal of storm runoff; and c) provide a recorded copy of any
required easements to the Town.
73. 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.
74. 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.
75. 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 review
process.
76. 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.
77. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity
fees shall be paid either immediately prior to the issuance of a sewer connection permit.
Written confirmation of payment of these fees shall be provided prior to issuance of the
Grading Permit.
78. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be
conducted for the project to determine the surface and sub‐surface conditions at the site
and to determine the potential for surface fault rupture on the site. The geotechnical
study shall provide recommendations for site grading as well as the design of foundations,
retaining walls, concrete slab‐on‐grade construction, excavation, drainage, on‐site utility
trenching and pavement sections. All recommendations of the investigation shall be
incorporated into project plans.
79. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During
construction, all excavations and grading 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.
80. 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.
81. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building or grading permit,
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.
82. 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
Reservoir Road and the connecting private access driveway. The results shall be
documented in a report and submitted to the Town for review.
83. POSTCONSTRUCTION PAVEMENT SURVEY: The Owner, Applicant and/or Developer shall
complete a pavement condition survey covering the same sections of roads documented
in the Preconstruction Pavement Survey to determine whether road damage occurred as
a result of project construction and whether there were changes in pavement strength.
Rehabilitation improvements required to restore the pavement to pre‐construction
condition. 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.
84. ON‐SITE/OFF‐SITE PARKING: Parking spaces shall be paved with a compacted base not less
than four (4) inches thick, surfaced with asphaltic concrete or Portland cement concrete
pavement or other surfacing (e.g.: permeable paving materials, interlocking pavers and
ribbon strip driveways) approved by the Town Engineer.
85. TRAFFIC CONTROL PLAN: If a traffic control plan is required, it must be submitted and
approved by the Town Engineer prior to the issuance of an encroachment, grading or
building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one‐way traffic flow. All
flag persons shall have the capability of communicating with each other to coordinate
the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one‐way operation, specifying dates and hours of
operation.
86. HAULING OF SOIL: Hauling of soil on‐ or off‐site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of a 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.
Cover all trucks hauling soil, sand, and other loose debris.
87. 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 portable restroom locations.
Please refer to the Town’s Construction Management Plan Guidelines document for
additional information.
88. SHARED PRIVATE STREET: The private street accessing 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 provided at least one week in advance of
closure.
89. 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 provided
at least one week in advance of closure.
90. EMERGENCY VEHICLE ACCESS EASEMENT: Prior to the issuance of any grading or building
permits, the Owner, Applicant and/or Developer shall coordinate with the Santa Clara
County Fire Department to ensure that any proposed modifications to the Emergency
Vehicle Access Easement that traverses the Project Site are curvilinear, allows for the
Department’s equipment to travel across said easement, and meets all Department
specifications. Plans shall be submitted to the Santa Clara County Fire Department for
approval prior to construction.
91. 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 at the property line, within one (1) foot of the
property line, or at a location specified by the Town.
92. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved 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.
93. RELOCATION OF TRASH AND RECYCLING COLLECTION LOCATION: Prior to the issuance of
any permits, an approval letter from West Valley Collection & Recycling accepting the
trash and recycling collection locations shall be provided to the Town.
94. 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.
95. INFILTRATION TRENCHES: The following requirements apply to the proposed infiltration
trenches:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical engineer shall
review the design of the infiltration trenches and retaining walls along the portion of
the road within the property boundary and determine whether additional structural
supports are needed to ensure stability of the road and the adjacent hillside during
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 development. If the infiltration rate is
lower, a hydrologic analysis shall be conducted to ensure that the proposed trench
sizes are adequate.
c. The infiltration trench 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.
96. 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.
97. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department during
the grading permit application process. 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.
98. 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.
99. 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 and drainage plans, reviewed by the Engineering Division
of the Parks and Public Works Department, and approved for implementation.
100. 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 these feature(s)
shall be directed to the sanitary sewer and are not allowed into the storm drain system.
101. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. On‐site drainage
systems for all projects shall include one of the alternatives included in section C.3.i of the
Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain
barrels, directing runoff from impervious surfaces to vegetated areas and use of
permeable surfaces. If stormwater treatment facilities are to be used, they shall be placed
a minimum of ten (10) feet from the adjacent property line and/or right‐of‐way.
Alternatively, the facility(ies) may be located with an offset between 5 and 10 feet from
the adjacent property and/or right‐of‐way line(s) if the responsible engineer in charge
provides a stamped and signed letter that addresses infiltration and states how facilities,
improvements and infrastructure will not adversely affect the adjacent property. No
improvements shall obstruct or divert runoff to the detriment of an adjacent,
downstream or down slope property.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
102. 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.
103. NOTE: The subject property is located within the Very High Fire Hazard Severity Zone
(VHFHSZ) of the Local Responsibility Area (LRA). Pursuant to California Public Resources
Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to
“…adopt regulations implementing minimum fire safety standards related to defensible
space” applicable to “the perimeters and access to all residential, commercial, and
industrial building construction.” In 2018, the Legislature passed and the Governor signed
SB 901 (Dodd), which expanded the applicability of the regulations promulgated under
PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard Severity
Zone. Where a conflict exists between local & 4290 requirements, the more stringent
requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Articles 1-5, § 1273.08. All comments below that result from PRC 4290 are
identified by **.
104. **WIDTH: (a) All roads shall be constructed to provide a minimum of two ten (10) foot
traffic lanes, not including shoulder and striping. These traffic lanes shall provide for two-
way traffic flow to support emergency vehicle and civilian egress, unless other standards
are provided in this article or additional requirements are mandated by local jurisdictions
or local subdivision requirements. Vertical clearances shall conform to the requirements
in California Vehicle Code section 35250. (b) All one-way roads shall be constructed to
provide a minimum of one twelve (12) foot traffic lane, not including shoulders. The local
jurisdiction may approve one-way roads. (1) All one-way roads shall, at both ends,
connect to a road with two traffic lanes providing for travel in different directions, and
shall provide access to an area currently zoned for no more than ten (10) residential units.
(2) In no case shall a one-way road exceed 2,640 feet in length. A turnout shall be placed
and constructed at approximately the midpoint of each one-way road. (c) All driveways
shall be constructed to provide a minimum of one (1) ten (10) foot traffic lane, fourteen
(14) feet unobstructed horizontal clearance, and unobstructed vertical clearance of
thirteen feet, six inches (13' 6”). California Code of Regulations, Title 14, Division 1.5,
Chapter 7, Subchapter 2 Articles 1-5, § 1273.01.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of
approval.
105. **ROAD SURFACES: (a) Roads shall be designed and maintained to support the imposed
load of fire apparatus weighing at least 75,000 pounds and provide an aggregate base. (b)
Driveways and road and driveway structures shall be designed and maintained to support
at least 40,000 pounds. (c) Project proponent shall provide engineering specifications to
support design, if requested by the local authority having jurisdiction. California Code of
Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.02.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of
approval.
106. **GRADES: (a) At no point shall the grade for all roads and driveways exceed 16 percent.
(b) The grade may exceed 16%, not to exceed 20%, with approval from the local authority
having jurisdiction and with mitigations to provide for same practical effect. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.03.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of
approval.
107. **RADIUS: (a) No road or road structure shall have a horizontal inside radius of curvature
of less than fifty (50) feet. An additional surface width of four (4) feet shall be added to
curves of 50-100 feet radius; two (2) feet to those from 100-200 feet. (b) The length of
vertical curves in roadways, exclusive of gutters, ditches, and drainage structures designed
to hold or divert water, shall be not less than one hundred (100) feet. California Code of
Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.04.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of
approval.
108. **TURNAROUND: (As noted on sheet A-4 and sheet 4) (a) Turnarounds are required on
driveways and dead- end roads. (b) The minimum turning radius for a turnaround shall be
forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§
1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be
a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less
than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where
the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart.
(d) A turnaround shall be provided on driveways over 300 feet in length and shall be
within fifty (50) feet of the building.(d) Each dead-end road shall have a turnaround
constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds
shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads
with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5,
Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of
approval.
109. PRC 4290 REQUEST FOR EXCEPTION CONDITIONS OF APPROVAL:
a. A copy of the Alternate Means/Methods application form including approval
signature, exhibits, and these comments shall be made part of the building permit
drawing set, to be routed to Santa Clara County Fire Department for final approval.
b. Sign(s) to be provided:
• At Reservoir St indicating the turnaround is onsite.
• At turnaround indicating the turnaround location and no parking in the turn
around.
c. Language and location of these signs to be provided on building permit drawings, and
approved prior to building permit issuance.
110. 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.
111. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is
875 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes
installation of automatic fire sprinklers per CFC [903.3.1.3]
112. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED: (As noted on sheet A-
4 and sheet 4) Provide an approved fire department engine driveway turnaround with a
minimum radius of 36 feet outside and 23 feet inside. Maximum grade in any direction
shall be a maximum of 5%. Installations shall conform with Fire Department Standard
Details and Specifications D-1. CFC Sec. 503.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of
approval.
113. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-
Urban Interface Fire Area. The building construction shall comply with the provisions of
California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in
compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the
Planning Department for related landscape plan requirements.
114. WATER SUPPLY REQUIREMENTs: (As Noted on Sheet A1) 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.
115. ADDRESS IDENTIFICATION: (As Noted on Sheet A1) New and existing buildings shall have
approved address numbers, building numbers or approved building identification placed
in a position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Where required by the fire
code official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole or other sign or means shall be
used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
116. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A1) 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.
117. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: (As Noted on Sheet A1) Gate
installations shall conform with Fire Department Standard Details and Specification G-1
and, when open shall not obstruct any portion of the required width for emergency access
roadways or driveways. Locks, if provided, shall be fire department approved prior to
installation. Gates across the emergency access roadways shall be equipped with an
approved access devices. If the gates are operated electrically, an approved Knox key
switch shall be installed; if they are operated manually, then an approved Knox padlock
shall be installed.
118. 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].
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