Exhibit 3 - Conditions of Approval
PLANNING COMMISSION – February 12, 2025
CONDITIONS OF APPROVAL
14335 La Rinconada Drive, Parcel 1
Architecture and Site Application S-23-013
Consider a Request for Approval to Demolish an Existing Single-Family Residence,
Construct a New Single-Family Residence, and Site Improvements Requiring a
Grading Permit on Property Zoned R-1:8. APN 409-14-046. Categorically Exempt
Pursuant to CEQA Guidelines Section 15303: New Construction.
Property Owner/Applicant: MGKG Properties, LP
Project Planner: Erin Walters.
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. STANDING SEAM METAL ROOF: The standing seam metal roof must be a dark matte color.
4. 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.
5. 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.
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. 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.
8. 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.
9. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
EXHIBIT 3
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, 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.
14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Building Division
15. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing
single-family residence and attached garage. A separate 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.
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. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management District
Application from the Building Department Service Counter. Once the demolition form has
been completed, all signatures obtained, and written verification from PG&E that all
utilities have been disconnected, return the completed form to the Building Department
Service Counter with the Air District’s J# Certificate, PG&E verification, and three (3) sets
of site plans showing all existing structures, existing utility service lines such as water,
sewer, and PG&E. No demolition work shall be done without first obtaining a permit from
the Town.
21. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official,
containing foundation, and retaining wall design recommendations, shall be submitted
with the Building Permit Application. This report shall be prepared by a licensed Civil
Engineer specializing in soils mechanics.
22. 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 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.
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 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.
31. 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.
32. 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.
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. 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.
35. 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.
36. 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.
37. 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.
38. 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. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
40. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
permits or recordation of maps.
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. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: All grading work
taking place with this application and related applications/projects within a two year time
period are considered eligible for the grading permit process and will be counted toward
the quantities used in determining grading permit requirements. In the event that, during
the production of construction drawings and/or during construction of the plans approved
with this application by the Town of Los Gatos, it is determined that a grading permit would
be required as described in Chapter 12, Article II (Grading Permit) of the Town Code of the
Town of Los Gatos, an Architecture and Site Application would need to be submitted by the
Owner for review and approval by the Development Review Committee prior to applying
for a grading permit.
44. GRADING: Any grading work, cut/fill, earthwork or combination thereof (completed or
proposed on submitted plans) on the parcel over the upcoming two-year period are
combined with regards to grading permit thresholds. This also applies to adjacent parcels
with identical owners, applicants and or developers.
45. 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.
46. 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. For sites greater than four (4) acres in
area:
a. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.).
b. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour.
c. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
d. Replant vegetation in disturbed areas as quickly as possible.
e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
47. 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.
48. 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.
49. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
50. 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
51. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following
measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
52. CONSTRUCTION HOURS: All improvements and 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.
53. 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.
54. DELAYED/DEFERRED REPORTS AND REVIEWS: TLGPPW strongly recommend that reports
requiring a peer review be submitted and completed prior to committee approval/building
permit stage. Note that these reviews may require a design change by the applicant and/or
additional studies. Applicants who chose to defer assume risk that required changes may
send project back to planning stage.
55. WATER METER: Water meters currently in public right-of-way shall be relocated within the
property in question, within 30” of the property line / the public right-of-way line. The
Owner, Applicant and/or Developer shall repair and replace to existing Town standards any
portion of concrete flatwork within said right-of-way that is damaged during this activity
prior to issuance of a certificate of occupancy.
56. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts currently in public right-of-way
shall be relocated within the property in question, within one (1) foot of the property line
per West Valley Sanitation District Standard Drawing 3, or at a location specified by the
Town. The Owner, Applicant and/or Developer shall repair and replace to existing Town
standards any portion of concrete flatwork within said right-of-way that is damaged during
this activity prior to issuance of a certificate of occupancy.
57. 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.
58. 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.
59. PRIVATE UTILITIES: Private utilities in town right of way is prohibited and should be located
on parcel which it serves, unless otherwise allowed via easement.
60. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The
property owner shall enter into an agreement with the Town for all existing and proposed
private improvements within the Town’s right-of-way. The Owner shall be solely
responsible for maintaining the improvements in a good and safe condition at all times and
shall indemnify the Town of Los Gatos. The agreement must be completed and accepted
by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at
the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or
building permits.
61. 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.
62. GRADING PERMIT REQUIRED: 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). All grading work taking place with this application and related
applications /projects within a two year time period are considered eligible for the grading
permit process and will be counted toward the quantities used in determining grading
permit requirements. 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 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.
63. DRIVEWAY: The driveway conform to existing pavement on La Rinconada shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
The Owner, Applicant and/or Developer shall install a Town standard residential driveway
approach. The new driveway approach shall be constructed per Town Standard Plans and
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued. New concrete shall be free of stamps, logos, names, graffiti,
etc. Any concrete identified that is displaying a stamp or equal shall be removed and
replaced at the Contractor’s sole expense and no additional compensation shall be allowed
therefore.
64. 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.
65. 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.
66. 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 Administrative Assistant trobnett-illges@losgatosca.gov (408)
399-5771 for more information.
67. DEMOLITION: Within 60-days of the Development Review Committee approval action being
final (i.e. after the 10-day appeal period and no requested appeals being submitted to the
Town), the Property Owner shall record a Deed Restriction on each of the number (#)
parcels in question which prohibits the recording of a Certificate of Compliance until one
of the two (2) prerequisite actions occurs prior to the proposed recordation: 1) removal of
any structures which cross lot/property lines or 2) the Property Owner successfully
obtaining an Architecture & Site approval from the Town of Los Gatos for the demolition of
the existing house and construction of a replacement house.
68. 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.
69. SIDEWALK IN-LIEU FEE: A curb and sidewalk in-lieu fee of $16,340 shall be paid prior to
issuance of a grading or building permit. This fee is based on 76 linear feet of curb at
$125.00 per linear foot and 342 square feet of 4.5-foot wide sidewalk at $20.00 per square
foot in accordance with Town policy and the Town’s Comprehensive Fee Schedule. The
final curb and sidewalk in-lieu fee for this project shall be calculated using the current fee
schedule and rate schedule in effect at the time the fee is paid. A separate encroachment
offsite improvement process is required for any public improvements designed to qualify
for in-lieu fee reimbursement. Approval from the Town Engineer and PPW is required
before any encroachment offsite improvement process can begin.
70. VALLEY GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing Town
standards any valley gutter damaged now or during construction of this project. All new
and existing adjacent infrastructure must meet Town standards. New valley gutter shall be
constructed per Town Standard Details. New concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. The limits of valley gutter repair will be determined by the Engineering
Construction Inspector during the construction phase of the project. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued.
71. TRAFFIC IMPACT FEE: Prior to the issuance of a grading/building 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. The amount
based on the current resolution is $10,421.76. The fee shall be paid before issuance of any
grading or building permit. 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.
72. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
73. 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.
74. 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.
75. 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.
76. 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.
77. 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.
78. REGULATED PROJECT: The project is classified as a Regulated Project per Provision C.3.b.ii.
and is required to implement LID source control, site design, and stormwater treatment on-
site in accordance with Provisions C.3.c. and C.3.d. Note: as constituted, this project would
be classified as a Regulated Project with the Municipal Regional Permit that goes into effect
on July 1, 2023, unless the project is approved prior to this date.
79. 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.
80. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
81. 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.
82. Fire Sprinklers Required: (As Noted on Sheet T1) 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.
83. 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]
84. Water Supply Requirements: 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.
85. Address identification: 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.
86. Construction Site Fire Safety: 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.
87. 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]