2025-006 - Approving Architecture and Site Applications S-23-042 For a Request to Demolish Exhisting Hotel Structures (Los Gatos Lodge), Construct a Multi-Family Residentail Development (155 Units)RESOLUTION 2025-006
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING ARCHITECTURE AND SITE APPLICATION S-23-042 FOR A REQUEST TO
DEMOLISH EXISTING HOTEL STRUCTURES (LOS GATOS LODGE),
CONSTRUCT A MULTI -FAMILY RESIDENTIAL DEVELOPMENT (155 UNITS),
SITE IMPROVEMENTS REQUIRING A GRADING PERMIT, AND REMOVAL OF LARGE
PROTECTED TREES; CONDITIONAL USE PERMIT U-23-017; AND
CONDOMINIUM VESTING TENTATIVE MAP M-23-009
UNDER SENATE BILL 330 (SB 330) ON PROPERTY ZONED CH:PD:HEOZ.
PROPERTY LOCATION: 50 LOS GATOS-SARATOGA ROAD
APNS; 529-24-032, 529-24-001, AND 529-24-003
ARCHITECTURE AND SITE APPLICATION: S-23-042
CONDITIONAL USE PERMIT APPLICATION: U-23-017
SUBDIVISION APPLICATION: M-23-009
PROPERTY OWNER: KEET S. NERHAN
APPLICANT: SUMMERHILL HOMES, LLC.
WHEREAS, the applicant, Summerhill Homes, LLC, proposes to demolish existing hotel
structures (Los Gatos Lodge), construct a multi -family residential development (155 Units); a
condominium vesting tentative map, site improvements requiring a Grading Permit, and
remove large protected trees under Senate Bill 330 (SB 330);
WHEREAS, the project includes an Architecture and Site Application (5-23-042),
Conditional Use Permit Application (U-23-017), and Subdivision Application (M-23-009);
WHEREAS, on February 12, 2025, the Planning Commission held a public hearing and
received testimony from the applicant and all interested persons who wished to testify or
submit documents. The Planning Commission considered all testimony and materials
submitted, including the packet of materials contained in the Planning Commission Agenda
Report for their meeting on February 12, 2025, along with any and all subsequent reports and
materials prepared concerning this application, and forwarded a recommendation of approval
to the Town Council with modified Conditions of Approval;
WHEREAS, this matter came before the Town Council for public hearing on March 4, 2025,
and was regularly noticed in conformance with state and Town law;
WHEREAS, on March 4, 2025, the Town Council held a public hearing and received
testimony from the applicant and all interested persons who wished to testify or submit
documents. The Town Council considered all testimony and materials submitted, including the
record of the Planning Commission proceedings and the packet of materials contained in the
Council Agenda Report for their meeting on March 4, 2025, along with any and all subsequent
reports and materials prepared concerning this application; and
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Resolution 2025-006 March 4, 2025
WHEREAS, the Town Council was able to make the findings required to approve the
Architecture and Site, Conditional Use Permit, and Subdivision applications.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos
does the following:
1. The following findings are made by the Town Council of the Town of Los Gatos. The
facts and evidence that support these findings are contained and explained in the
record of proceedings for the proposed project, including without limitation the
Initial Study and the staff reports for the Planning Commission and Town Council
hearings.
(A) Finding required for the California Environmental Quality Act (CEQA):
(1) Additional environmental review of the proposed project is not required
pursuant to CEQA Guidelines Section 15183. The proposed project is
consistent with the development density established by the Land Use
Element of the Town's 2020 General Plan (which remains applicable
following recission of the Land Use and Community Design Elements of the
2040 General Plan by the Town Council), for which the Town certified an
Environmental Impact Report (EIR). An Initial Study was prepared for the
project in support of this determination. As detailed in the Initial Study, there
are no significant environmental impacts that (1) are peculiar to the
proposed project or the project site that were not analyzed as significant
effects in the prior General Plan EIRs, (2) are potentially significant off -site
impacts and cumulative impacts that were not discussed in the prior General
Plan EIRs, or (3) are previously identified significant effects that, as a result of
substantial new information, are determined to have a more severe adverse
impact than discussed in the prior General Plan EIRs.
(2) Regarding impacts that are not peculiar to the parcel or to the proposed
project, that have been addressed as a significant effect in the prior EIRs, or
that can be substantially mitigated by the imposition of uniformly applied
development policies or standards, an additional EIR need not be prepared
for the proposed project solely on the basis of such impacts.
(3) Applicable feasible mitigation measures specified in the Mitigation
Monitoring and Reporting Programs (MMRP) for the 2020 General Plan EIR
and/or the 2040 General Plan EIR, as applicable, will be imposed on the
project through the Conditions of Approval.
(B) Finding required for consistency with the Town's Applicable General Plan:
Pursuant to SB 330, the Town's General Plan applicable to the proposed project
consists of the 2020 General Plan Land Use and Community Design Elements and
the 2040 General Plan excluding those two Elements, all as in effect on the date
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Resolution 2025-006 March 4, 2025
the applicant submitted its SB 330 preliminary application. The applicable
General Plan Land Use Element designates the project site as Mixed Use
Commercial, which permits a residential use in a mixed use project. The
applicant has requested a concession to the mixed use requirement, proposing
an exclusively residential project. With the requested concession, the proposed
project is consistent with the Town's applicable General Plan.
(C) Findings required to deny a Subdivision application:
As required by Section 66474 (a) through (g) of the State Subdivision Map Act,
the map shall be denied if any of the findings listed in that Section are made.
None of the findings could be made to deny the application.
Instead, the Town Council makes the following affirmative findings:
• That the proposed map is consistent with all elements of the applicable
General Plans.
• That the design and improvement of the proposed subdivision is consistent
with all elements of the applicable General Plans.
• That the site is physically suitable for the type of development.
• That the site is physically suitable for the proposed density of development.
• That the design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage nor substantially and
avoidably injure fish or wildlife or their habitat.
• That the design of the subdivision and type of improvements is not likely to
cause serious public health problems.
• That the design of the subdivision and the type of improvements will not
conflict with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision.
(D) Findings required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit:
The Town Council, on the basis of the evidence submitted at the hearing, grants
the conditional use permit as specifically authorized by the provisions of the
Town Code, finding that:
(1) The proposed use is desirable to the public convenience because it provides
additional residential dwelling units in the Town;
(2) The proposed use would not impair the integrity of the zone, in that the
proposed use is allowed in the CH zone with the granting of the concession
pursuant to State Density Bonus Law;
(3) The proposed use would not be detrimental to public health, safety, or
general welfare, as the conditions placed on the permit and existing
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Resolution 2025-006 March 4, 2025
regulations would maintain the welfare of the community; and
(4) The proposed use is in conformance with the Town Code and applicable
General Plans with the granting of the concession pursuant to SDBL.
(E) Findings required for compliance with the Zoning Regulations:
The project meets the objective standards of Chapter 29 of the Town Code
(Zoning Regulations) with the concession and waivers requested pursuant to
State Density Bonus Law.
(F) Findings required for compliance with the Town of Los Gatos Objective Design
Standards for Qualifying Multi -Family and Mixed -Use Residential Development:
The project meets the Town of Los Gatos Objective Design Standards for
Qualifying Multi -Family and Mixed -Use Residential Development with the
waivers requested pursuant to State Density Bonus Law.
(G) Findings required for grantinga concession or incentive and waivers pursuant to
State Density Bonus Law:
(1) Government Code Section 65915 Findings for Denial of a Requested
Concession(s) or incentive(s):
(a) The Town shall grant concession(s) or incentive(s) requested by the
applicant unless the Town makes a written finding, based upon
substantial evidence, of any of the following:
(i) The concession or incentive does not result in identifiable and actual
cost reductions, consistent with subdivision (k), to provide for
affordable housing costs, as defined in Section 50052.5 of the Health
and Safety Code, or for rents for the targeted units to be set as
specified in subdivision (c).
(ii) The concession or incentive would have a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon public health and safety or on any real property that is listed in
the California Register of Historical Resources and for which there is
no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact without rendering the development unaffordable to
low-income and moderate -income households.
(iii) The concession or incentive would be contrary to state or federal
law.
(iv) The Town makes none of the above findings and therefore grants
the requested concession.
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Resolution 2025-006 March 4, 2025
(2) Government Code Section 65915(a)(2) Findings for Denial of Requested
Waivers:
(a) The Town shall grant waivers to the Town's development standards
requested by the applicant unless the Town makes a written finding,
based upon substantial evidence, that the development standard for
which the waiver is requested would not physically preclude the
construction of the development at the densities and with the
concession permitted through Density Bonus Law.
(b) The Town does not make the above finding and therefore grants the
requested waivers.
(H) Findings required for consistency with California Government Code Section
65863 regarding state RHNA requirements, the Town's Housing Element Sites
Inventory, and No Net Loss Law:
As required for approval of a development of any parcel with fewer units by
income category than was identified in the Town's Housing Element for that
parcel:
(1)
The project provides fewer Very Low, Low, and Moderate Income units than
anticipated in the Housing Element Sites Inventory, but more Above
Moderate Income units, producing a net cumulative deficit of 105 units for
the site. Nonetheless, the project allows the Town to maintain positive
surplus capacity in its Housing Element overall and in each income category.
The remaining capacity of the Housing Element is adequate to meet the
requirements of Section 65583.2 and to accommodate the Town's share of
the regional housing needs assessment (RHNA) pursuant to Section 65584.
As required by Government Code Section 65863, the following No Net Loss
findings are made:
(a) Remaining sites identified in the Housing Element are adequate to meet
the Town's remaining RHNA for the planning period by income category.
Findings: The remaining capacity of the Housing Element sites are
adequate to meet the Town's remaining RHNA with approval of this
project. The Town is not required to identify additional sites to
accommodate the remaining RHNA as a result of this project.
(b) Include a quantification of the remaining unmet need for the
jurisdiction's RHNA at each income level and the remaining capacity of
sites identified in the Housing Element, to accommodate that need by
income level.
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Resolution 2025-006 March 4, 2025
Findings: The remaining unmet need for the Town's RHNA at each
income level and the remaining capacity of the Housing Element is
provided in the table below. The remaining capacity at each income
level of the Housing Element and overall is greater than the remaining
unmet RHNA need at each income level and overall. The Town is not
required to identify additional sites to accommodate the remaining
RHNA as a result of this project.
Remaining RHNA and Housing Element Capacity
Units by Income Category
Very Low
Low
Moderate
Above
Moderate
Remaining RHNA 537
Remaining Capacity 608
of Housing Element
294
335
310
349
Total
695 1,836
817 2,109
(I) Considerations required in review of Architecture and Site applications:
As required by Section 29.20.150 of the Town Code, the applicable
considerations in review of an Architecture and Site application were all made in
reviewing this project.
2. The Town Council of the Town of Los Gatos approves Architecture and Site
Application (S-23-042), Conditional Use Permit Application (U-23-017), and
Subdivision Application (M-23-009) to demolish existing hotel structures (Los Gatos
Lodge), construct a multi -family residential development (155 Units), approve a
condominium vesting tentative map, site improvements requiring a Grading Permit,
and remove large protected trees under Senate Bill 330 (SB 330) on property zoned
CH:PD:HEOZ, located at 50 Los Gatos -Saratoga Road subject to the attached
Conditions of Approval included as (Exhibit A).
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the
Town of Los Gatos. Any application for judicial relief from this decision must be
sought within the time limits and pursuant to the procedures established by Code of
Civil Procedure section 1094.6, or such shorter time as required by state and federal
Law.
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Resolution 2025-006 March 4, 2025
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 4th day of March, 2025, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mayor Matthew Eludes
NAYS: None
ABSENT: Mary Badame
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
1
TOWN CLOF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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Resolution 2025-006 March 4, 2025
TOWN COUNCIL - March 4, 2025
CONDITIONS OF APPROVAL
50 Los Gatos -Saratoga Road
Architecture and Site Application S-23-042
Conditional Use Permit Application U-23-017
Subdivision Application M-23-009
Consider a Request for Approval to Demolish Existing Hotel Structures (Los Gatos
Lodge), to Construct a Multi -Family Mixed -Use Residential Development (155 Units),
a Conditional Use Permit for a Mixed -Use Development, a Condominium Vesting
Tentative Map, Site improvements Requiring a Grading Permit, and Removal of Large
Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ.
APNs 529-24-032, 529-24-001, and 529-24-003. No Additional Environmental
Review is Necessary Pursuant to CEQA Guidelines Section 15183, Because the
Project's Environmental Impacts were Adequately Addressed in the 2020 General
Plan EIR and/or 2040 General Plan EIR, as Applicable.
Property Owner: Keet S. Nerhan
Applicant: SummerHill Homes, LLC
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect on
June 30, 2023, and these conditions of approval conform to those ordinances, policies,
and standards. 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. BELOW MARKET PRICE (BMP) UNIT: The developer shall provide 26 for sale BMP units (16
low income units and 10 moderate income units) to be sold at a price that is affordable to
the target household income range, as required by the Town's applicable BMP Program
Guidelines and the applicable BMP Resolution. A deed restriction shall be recorded prior
to the issuance of any building permits for residential units, stating that the BMP unit
must be sold and maintained as a below market price unit pursuant to the Town's BMP
Ordinance and Guidelines.
4. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building permits for residential
units, the developer shall enter into an Affordable Housing Agreement with the Town for
provision of the required BMP units and to facilitate their sale pursuant to the BMP
EXHIBIT A
Program Guidelines and BMP Resolution in place at the time of building permit issuance.
5. PHASING OF THE CONSTRUCTION OF BMP UNITS: The BMP units shall be constructed and
Certificate of Occupancies secured in proportion with or prior to the construction of the
market rate units.
6. OUTDOOR LIGHTING: Prior to final inspection, 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.
7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of Building and/or Grading Permits. Per Town Code Section
26.20.010 and Chapter 29, Article 1, Division 2, the developer shall obtain a tree removal
permit prior to the removal of protected trees on private or Town property. The project
developer shall abide by any tree replacement ratios and/or in -lieu payments, tree
protection measures, and best management practices required by the tree removal
permit and/or within an updated arborist report.
8. 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.
9. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits, 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 and shall remain through all phases of
construction.
10. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective tree
fencing and other protection measures consistent with Section 29.10.1005 of the Town
Code shall be placed as shown on the Tree Protection Plan (Sheet T-5) of the approved
plans 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.
11. TREE STAKING: Prior to final inspection, all newly planted trees shall be double -staked
using rubber tree ties.
12. LANDSCAPING: Prior to issuance of the Certificate of Occupancy for the 155th unit, all
landscaping must be completed.
13. 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 (WELO), whichever is more restrictive. Submittal of a Landscape
Documentation Package pursuant to WELO is required prior to issuance of Building and/or
Grading Permits. This is a separate submittal from your Building Permit. A review deposit
based on the current fee schedule adopted by the Town Council is required when working
landscape and irrigation plans are submitted for review. A completed WELO Certificate of
Completion Appendix C) is required prior to final inspection/certificate of occupancy.
14. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall
be removed within 30 days of final action on the applications.
15. PEDESTRIAN ACCESS PATH: Prior to issuance of the Certificate of Occupancy for the 155th
unit, the pedestrian access path connecting Los Gatos -Saratoga Road with Los Gatos High
School shown along the west property line shall be completed.
16. ROOFTOP EQUIPMENT: Prior to final inspection, any new or modified roof mounted
equipment shall be fully screened.
17. MONUMENT SIGN: The monument/neighborhood sign shown on Sheet L2.1 requires
separate approval of a Sign Permit and a separate Building Permit.
18. WORKER ENVIRONMENTAL AWARENESS TRAINING: Prior to issuance of tree removal,
demolition, Building, and/or Grading Permits, a qualified biologist shall conduct a training
session for all construction personnel. At a minimum, the training shall include a
description of special -status species potentially occurring in the project vicinity, including,
but not limited to, San Francisco dusky -footed woodrat, special -status bats, and nesting
birds and raptors. Their habitats, general measures that are being implemented to
conserve species as they relate to the project, and the boundaries within which
disturbance activities will occur shall be explained. Informational handouts with
photographs clearly illustrating the species' appearances shall be used in the training
session. All new construction personnel shall undergo this mandatory environmental
awareness training. A letter report documenting the completion of training shall be
prepared and submitted to Town of Los Gatos, where it shall be kept on file.
19. SPECIAL -STATUS BAT SPECIES: The following measures shall be implemented to avoid Toss
of or harm to special -status bat species:
a. Prior to issuance of tree removal, demolition, Building, and/or Grading Permits,
approximately 14 days prior to tree removal or any construction activities, a qualified
biologist shall conduct a habitat assessment for bats and potential roosting sites in
trees or buildings within 50 feet of the construction easement. These surveys shall
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.
b. If no roosting sites or bats are found, a letter report shall be prepared by the biologist
and submitted to Town of Los Gatos no more than 14 days prior to tree removal or
any construction activities, where it shall be kept on file, and no further measures are
required.
c. If special -status bat species or their roosting sites are found, the bats shall not be
disturbed without specific notice to and consultation with California Department of
Fish and Wildlife.
d. The nursery season is typically from May 1 to October 1. If special -status bat species
are found roosting outside of the nursery season, California Department of Fish and
Wildlife shall be consulted prior to any eviction or other action. If avoidance or
postponement is not feasible, a Bat Eviction Plan shall be submitted to California
Department of Fish and Wildlife for written approval prior to project implementation.
A request to evict bats from a roost includes details for excluding bats from the roost
site and monitoring to ensure that all bats have exited the roost prior to the start of
activity and are unable to re-enter the roost until activity is completed. Any bat
eviction shall be timed to avoid lactation and young -rearing. If bats are found roosting
during the nursery season, they shall 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. 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 for special -status bat species is present, a 50-foot buffer zone (or different size if
determined in consultation with the California Department of Fish and Wildlife) shall
be established around the roosting site within which no construction activities
including tree removal or structure disturbance shall occur until after the nursery
season.
20. PROTECTED NESTING BIRDS: Prior to issuance of tree removal, demolition, Building,
and/or Grading Permits, to avoid impacts to nesting birds during the nesting season
(January 15 through September 15), all construction activities should be conducted
between September 16 and January 14, which is outside of the bird nesting season. If
construction or 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.
a. Two surveys for active bird nests shall occur within 14 days prior to start of ground
disturbance, with the final survey conducted within 48 hours prior to ground
disturbance. Appropriate minimum survey radii surrounding each work area are
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. Locations off the site to which access is not available may be surveyed from
within the site or from public areas. If no nesting birds are found, a letter report
confirming absence shall be prepared and submitted to the Town of Los Gatos and no
further protective measures are required.
b. 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. Once the absence of nesting birds has been confirmed, a letter report
shall be prepared and submitted to the Town of Los Gatos.
21. DUSKY -FOOTED WOODRATS: Prior to issuance of tree removal, demolition, Building,
and/or Grading Permits, 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.
22. PROTECTION OF OFFSITE WATERS/WETLANDS: Prior to issuance of tree removal,
demolition, Building, and/or Grading Permits, the applicant shall provide evidence that
waterways adjacent to the project site through the use of best management practices for
erosion control and vehicle/equipment fueling shall be protected. This shall include the
installation of silt fencing between the project site and the adjacent drainage channel. The
silt fencing shall prevent soil from washing off the project site into offsite waterways.
Potential fuel spills and leaks from construction vehicle/equipment fueling operations
shall be prevented from entering the adjacent drainage channel. Designated fueling areas
should be on a level grade and must be at least 50 feet from any waterway.
23. ENERGY CONSERVATION AND ENERGY EFFICIENCY:
a. The use of energy conservation techniques and technology in existing and proposed
developments to improve energy conservation is encouraged.
b. The use of renewable energy sources and alternative fuels is encouraged.
c. Examine the feasibility of incorporating site layouts that allow for passive solar and
heating and cooling.
d. Incorporate measures that reduce energy use through solar orientation by taking
advantage of shade, prevailing winds, landscaping and sun screens.
e. Use energy- and resource -efficient and ecologically sound designs, technologies, and
building materials, as well as recycled materials to promote sustainability;
f. Reductions in the use of nonrenewable resources in building construction,
maintenance, and operations is encouraged.
g. Green roofs and common space for community gardens is encouraged.
h. Achievement of third -party green building certification, such as the GreenPoint Rated
program, LEED rating system, Living Building Challenge, or an equivalent is
encouraged.
24. CULTURAL/ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS: Prior to issuance of a
tree removal, demolition, and/or grading permit for the project, a Secretary of the
Interior -qualified archaeologist shall prepare a tribal cultural resources monitoring plan, in
consultation with and approved by a culturally -affiliated Native American tribe(s). The
plan shall be reviewed and approved by the Community Development Director. The plan
shall include (but not be limited to) the following components:
a. Preconstruction training program for all construction and field workers involved in site
disturbance: On -site personnel shall attend a mandatory pre -project training led by a
Secretary of the Interior -qualified archaeologist and a Native American representative.
The training will occur prior to any ground disturbing activities and issuance of tree
removal permits. The training will outline the general cultural sensitivity of the area
and the procedures to follow in the event cultural materials and/or human remains
are inadvertently discovered. The archaeologist will provide the following
documentation to the Town of Los Gatos Planning Division: date (or dates) of the
training, signatures of construction personnel at the training session(s), and materials
used in the training. The applicant shall provide a copy of the contract to the Planning
Division, prior to issuance of tree removal, demolition, Building, and/or Grading
Permits.
b. Specifically, where monitoring will be conducted and under what circumstances,
based on soil types, geology, distance to known sites, and other factors;
c. Person(s) responsible for conducting monitoring activities, including a request to the
culturally -affiliated Native American tribe(s) for a tribal monitor;
d. Person(s) responsible for overseeing and directing the monitor;
e. How the monitoring shall be conducted and the required format and content of
monitoring reports;
f. Schedule for submittal of monitoring reports and person(s) responsible for review and
approval of monitoring reports;
g. Protocol for notifications in case of encountering cultural resources, as well as
methods of dealing with the encountered resources (e.g., collection, identification,
curation);
h. Methods to ensure security of cultural resources sites;
i. Protocol for notifying local authorities (i.e. Sheriff, Police) should site looting or other
illegal activities occur during construction.
j. During the course of the monitoring, the archaeologist may adjust the frequency —
from continuous to intermittent —of the monitoring based on the conditions and
professional judgment regarding the potential to impact resources.
k. If tribal cultural materials are encountered, all soil -disturbing activities within 50 feet
in all directions of the find shall cease until the resource is evaluated. The
archaeologist shall immediately notify the lead agency of the encountered resource.
After making a reasonable effort to assess the identity, integrity, and significance of
the encountered resource, in consultation with a culturally -affiliated Native American
tribe(s), the archaeologist shall present the findings of this assessment to the
Community Development Director. If the find is determined by the archaeologist to be
potentially significant, the archaeologist, in consultation with the Community
Development Director, a culturally -affiliated Native American tribe(s), and the
developer, shall determine an appropriate treatment plan in accordance with CEQA
Sections 20183.2 and 21084.3 and with CEQA Guidelines Section 15126.4(b)(3), to the
extent applicable.
25. WATER CONSERVATION:
a. Landscaping and hardscaping shall be designed to minimize water usage and enhance
water conservation.
b. The landscaping shall comply with the Bay -Friendly Landscaping Guidelines and the
landscaping standards in the GreenPoint Rated Building Guidelines.
c. Water -efficient irrigation management systems and devices, such as
evapotranspiration or soil moisture -based irrigation controls, shall be installed.
d. The development shall meet all applicable wastewater treatment demands and
Federal and State regulations.
26. BEST MANAGEMENT PRACTICES: The following measures shall be implemented during
construction activities to reduce PM2.5 concentrations:
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, with priority given to the
use of recycled water for this activity when feasible.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
c. 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. The use of dry power sweeping
shall be prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, 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.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 minutes (as required by the Bay Area Air
Quality Management District). Clear signage shall be provided for construction
workers at all access points. This requirement applies to on -site construction
equipment and any off -site construction equipment queuing on or along roads within
Town limits.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator.
h. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds on site exceed 20 mph.
i. All trucks and equipment, including their tires, shall be washed off prior to leaving the
site.
j. Unpaved roads providing access to sites located 100 feet or further from a paved road
shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or
gravel.
k. Publicly visible signs shall be posted with the telephone number and name of the
person to contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. The Air District's General Air
Pollution Complaints number shall also be visible to ensure compliance with applicable
regulations.
27. GEOTECHNICAL REPORT AND SEISMIC DESIGN: Prior to issuance of Building and/or
Grading Permits, preparation of a design level geotechnical report and implementation of
seismic design features is required:
a. Site the development away from high risk geologic and seismic hazard zones or, if
located in a high -risk zone, incorporate construction techniques or specialized
technologies to reduce risk. Restrict new development and redevelopment based on
the levels of risk and potential severity of geologic hazards.
b. A geotechnical report prepared by a licensed engineering geologist and/or
geotechnical engineer identifying all site geologic, seismic, and geotechnical
engineering conditions and potential hazards and include appropriate design
measures to mitigate potential fault ground rupture/deformation impacts to
acceptable levels. The report shall specify construction methods to protect existing
and future residences, from identified hazards.
c. A licensed geologic/geotechnical engineer shall complete the Town Geologic Hazards
Checklist to demonstrate that potential hazards have been identified and that
proposed structures, including grading cuts and fills, will be designed to resist
potential earthquake effects.
d. Incorporate all engineering and design recommendations included in the 50 Los -Gatos
Saratoga Road, California Preliminary Geotechnical Exploration ("geotechnical report")
prepared for the project by ENGEO Incorporated in February 2024 and included in the
peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024.
28. EROSION CONTROL PLANS: Prior to issuance of Building and/or Grading Permits:
a. Provide an effective erosion control plan to minimize soil erosion. The erosion control
plans shall be implemented prior to construction operations and maintained
throughout the construction process.
b. Ensure that the grading of slopes and sites proposed for development will be
minimized.
c. Implement bioswales and other innovations so runoff from parking Tots drain into
landscaped areas and rainwater percolates into the ground.
29. CONSTRUCTION NOISE:
a. Construction activities shall comply with Section 16.20.035 of the Town Code.
b. Construction activities shall not result in interior residential noise levels exceeding 45
dB.
c. Appropriate site and building design, sound walls, minimum landscape buffers of five
feet, and/or the use of noise attenuating construction techniques and materials be
used in order to protect existing and proposed residential areas from noise, in order to
reduce project construction noise and associated impacts.
30. CONSTRUCTION VIBRATION:
a. The use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are
susceptible to damage from vibration is prohibited.
b. Schedule construction activities with the highest potential to produce vibration to
hours with the least potential to affect nearby institutional, educational, and office
uses that the Federal Transit Administration, identifies as sensitive to daytime
vibration (FTA 2005).
c. Notify neighbors of scheduled construction activities that would generate vibration
which would require standard conditions of approval to minimize exposure to
construction vibration.
31. REUSABLE MATERIALS: All reusable materials from residential, commercial, and
construction/renovation activities shall be recycled.
32. 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.
33. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
34. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing
structures. A separate Building Permit is required for the construction of each new
detached structure.
35. 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 Energy Reach Codes.
36. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue Tined 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.
37. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
38. SIZE OF PLANS: Minimum size 24" x 36", maximum size 30" x 42".
39. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management District
Application for the removal of each existing structure. Once the demolition form has been
completed, all signatures obtained, and written verification from PG&E that all utilities
have been disconnected, submit the completed form to the Building Department with the
Air District's J# Certificate, PG&E verification, and 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.
40. 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. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 minutes. Clear signage shall be provided for
construction workers at all access points. This requirement applies to on -site
construction equipment and any off -site construction equipment queuing on or along
roads within Town limits.
b. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator. All non -road diesel construction equipment shall at a minimum
meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part
89, Subpart B, §89.112.
c. Developer shall designate an on -site field supervisor to provide written notification of
construction schedule to adjacent residential property owners and tenants at least
one week prior to commencement of demolition and one week prior to
commencement of grading with a request that all windows remain closed during
demolition, site grading, excavation, and building construction activities in order to
minimize exposure to NOx and PM10. The on -site field supervisor shall monitor
construction emission levels within five feet of the property line of the adjacent
residences for NOx and PM10 using the appropriate air quality and/or particulate
monitor.
41. 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.
42. 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.
43. 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
44. 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.
45. SITE ACCESSIBILITY: Prior to issuance of a certificate of occupancy for each unit, at least
one accessible route within the boundary of the site shall be provided from public
transportation stops, accessible parking and accessible passenger loading zones and
public streets or sidewalks to the unit. The accessible route shall, to the maximum extent
feasible, coincide with the route for the general public. At least one accessible route shall
connect all accessible buildings, facilities, elements and spaces that are on the same site.
46. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any
required sanitary sewer backwater valve on the plans and provide its location. 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.
47. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
48. 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.
49. 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.
50. 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
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION PLANS
SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED
IN A CONDITION, AT THAT TIME.
51. THIRD -PARTY PLAN REVIEWER AND PUBLIC WORKS INSPECTOR —The Town will procure a
third -party engineering firm to perform Plan Review and Inspection Services. Applicant
shall provide a $50,000 initial deposit to the Town for these Services plus additional Town
fees as necessary. This deposit is required at the time of the project building permit
submittal. Once this deposit is received, the Town will select the consultant and initiate
the plan review process. The Applicant's deposit will be charged on a time and materials
basis. A supplemental deposit will be required if the remaining deposit is expected to be
exhausted prior to completion of the work. Permitted work will not be allowed to
continue without available funds to complete required inspection services. Third -party
consultant Services will be required for the duration of the construction and project
closeout phases. .
52. STORM DRAINAGE FEE — The applicant shall pay Storm Drainage Fees for the future
construction of drainage facilities serving new buildings, improvements, or structures to
be constructed which substantially impair the perviousness of the surface of land. The
estimated fee, based on the site area of 8.82 acres, is $45,908.10. This fee is only an
estimate. The actual impact fee will be calculated based on building permit plans
submitted, and the fees approved by the Town Council in place at the time of the building
permit submittal. The fee shall be collected by the Public Works Department and paid
prior to issuance of the certificate of occupancy for each building.
53. TRAFFIC IMPACT FEES —The project is subject to the Town's Traffic Impact Fee for the
generation of an estimated 518 net new average daily trips based on the traffic study
submitted by Hexagon Transportation Consultants dated October 7, 2024. The Town's Fee
Schedule in effect at the time of vesting indicates a fee of $1,104 per additional average
daily trip. This results in an estimated total amount due of $571,872. Payment of all
Impact Fees are required prior to the issuance of the certificate of occupancy for each
building.
54 CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189) - Per the Town's
Comprehensive Fee Schedule, the project is subject to the Town's Construction Activities
Mitigation Fee based on new buildings. The fee is $1.43 per square foot of new residential
building area. The fee shall be calculated based on the square footage total for all units
shown on the construction plans to the approval of the Town Engineer. Payment of this
fee shall pe paid prior to issuance of the certificate of occupancy for each building
55. PERMITS REQUIRED BY OTHER AGENCIES —The applicant shall obtain all applicable
permits from federal, state, and local agencies as required to construct the proposed
improvements. The applicant is hereby informed that permits may be required by one (1)
or more of the following: Army Corps of Engineers, Fish and Wildlife (1603), JARPA (The
Bay Area Joint Aquatic Resources Permit Application), Regional Water Quality Control
Board, Santa Clara County Roads and Airports, Valley Water, or Habitat Permit. If project
is within jurisdiction of any of these agencies, verification of permit or waiver of permit
must be given to the Public Works Department prior to issuance of any required Town
permits. If the Town is required to be a party to the permit application and a fee is
required, the applicant shall reimburse the Town for its cost. A copy of these permits shall
be provided to the satisfaction of the Town Engineer prior to the issuance of the PPW
permit.
56. CALTRANS PERMIT — Prior to the issuance of the first building permit, the applicant must
submit evidence to the Public Works Department of approval by the State of California for
the performance of any work within the State right of way. If the Town is required to be a
party to the permit application and a fee is required, the applicant shall reimburse the
Town for its cost. The Applicant is encouraged to contact the Caltrans permit office as
soon as possible to learn what is required to obtain Caltrans approval and issuance of a
State Encroachment Permit.
57. GRADING PERMIT —A grading permit is required for all site grading and drainage work
that is outside the perimeter of a building, retaining wall footing, or other structure
authorized by a valid building permit. The applicant must submit a grading permit
application after the appeal period of the entitlement approval process has passed. A
grading permit will be issued prior to or concurrently with the Building Permit as approved
by the Town Engineer. Submittals are accepted through Accela only. The grading permit
application shall include detailed grading plans and associated required materials. Prior to
approval of the grading permit, the applicant shall provide faithful performance and
payment securities for the performance of the work described and delineated on the
approved grading plan, interim erosion and sedimentation control plan (if required), and
final erosion and sedimentation control plan, in an amount to be set by the Town
Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost
of the grading and erosion and sedimentation control measures. The form of security shall
be one or a combination of the following to be determined by the Town Engineer and
subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more
duly authorized corporate sureties on a form approved by the Town. (2) Deposit with the
Town, money, or negotiable bonds of the kind approved for securing deposits of public
monies, or other instrument of credit from one 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. Plan check fees are based on the scope
of onsite work.
The permit shall be limited to work shown on the grading plans approved by the Town
Engineer. In granting a permit, the Town Engineer may impose any condition deemed
necessary to protect the health, safety and welfare of the public, to prevent the creation
of a nuisance or hazard to public or private property, and to assure proper completion of
the grading including but not limited to: (1) Mitigation of adverse environmental impacts.
(2) Improvement of any existing grading or correction of any existing grading violation to
comply with the standards of Chapter 12 of the Town Code. (3) Requirements for fencing
or other protection of grading which would otherwise be hazardous. (4) Requirements for
dust, erosion, sediment and noise control, hours of operation and season of work,
weather conditions, sequence of work, access roads, and haul routes. (5) Requirements
for safeguarding watercourses from excessive deposition of sediment or debris in
quantities exceeding natural levels. (6) Assurance that the land area in which grading is
proposed and for which habitable structures are proposed is not subject to hazards of
land slippage or significant settlement or erosion and that the hazards of seismic activity
or flooding can be eliminated or adequately reduced. (7) Temporary and permanent
landscape plans.
58. ENCROACHMENT PERMITS, BONDS, AND INSURANCE —The applicant must obtain an
encroachment permit, posting the required bonds and insurance, and provide a one (1)
year warranty for all work to be done in the Town's right of way or Town easement. This
encroachment permit shall be obtained prior to the issuance of a foundation building
permit and prior to any work being done in the Town's right of way. All existing public
utilities shall be protected in place and, if necessary, relocated as approved by the Town
Engineer. No permanent structures are permitted within the Town right-of-way, or within
any easement unless otherwise approved by the Town Engineer. All public improvements
shall be made according to the Town's latest adopted Standard Plans, Standard
Specifications, and Engineering Design Standards, subject to approved waivers or
reductions of development standards. The applicant shall have street improvement plans
prepared for all work in the public right of way by a licensed civil engineer, whose signed
engineer's stamp shall appear on the plans. Any proposed changes to the approved plans
shall be subject to the approval of the Town prior to the commencement of any altered
work. The 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.
Prior to issuance of the encroachment permit, the applicant shall submit any applicable
temporary traffic control plans inclusive of all modes of travel for any lane or sidewalk
closures. Special provisions such as limitations on works hours, protective enclosures, or
other means to facilitate public access in a safe manner may be required. The traffic
control plan shall comply with the State of California Manual of Uniform Traffic Control
Devices (MUTCD), and standard construction practices.
Final construction plans and specifications shall be approved by the Town Engineer and
released for construction prior to the issuance of the encroachment permit. The applicant
is required to confirm the location of existing utility lines along the project frontage by
potholing. Prior to any potholing, applicant shall submit a pothole plan for Town review
and approval. Applicant shall provide the pothole result to the Town Engineer prior to
final design.
New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete
installed that is damaged shall be removed and replaced at the Contractor's sole expense.
Right-of-way improvements shall include, at a minimum, the following items:
a. STREET MARKINGS - The applicant shall install necessary street markings of a material
and design approved by the Town Engineer. These include but are not limited to all
pavement markings, painted curbs, and handicap markings. All permanent pavement
markings shall be thermoplastic and comply with Caltrans Standards. Color and
location of painted curbs shall be shown on the plans and are subject to approval by
the Town Engineer. Any existing painted curb or pavement markings no longer
required shall be removed by grinding if thermoplastic, or sand blasting if in paint.
b. SIDEWALK IMPROVEMENTS - The applicant shall construct 8' wide sidewalk along the
Saratoga -Los Gatos Road project frontage between the Caltrans interchange and the
Bella Vista Avenue overcrossing. The improvements shall be designed and shown on
the project off -site construction plans to the approval of the Town Engineer. Sidewalk
improvements shall be constructed prior to issuance of the occupancy certificate for
the 101st unit. In -lieu of the sidewalk design and construction, the Town Engineer may
accept an offer of payment in lieu of the construction of the improvements. The
sidewalk in -lieu payment shall then be used to pay for future sidewalk improvements,
or other related multi -mobility enhancements, in the vicinity of the project. The
estimated value of the sidewalk improvements has been provided by the developer
and approve by the Town Engineer with a value of $245,000. Should the Town decide
to pursue the payment option in -lieu of the sidewalk construction, payment in -lieu of
sidewalk construction shall be paid prior to the issuance of the occupancy certificate
for the 101st unit.
c. CURB RAMP(S) - The applicant shall construct all ADA curb ramps at the project
intersection of Alberto Way at Saratoga -Los Gatos Road to accommodate pedestrian
traffic to allow for crossing along the east side of the intersection and to access the
sidewalk on the northside of Los Gatos -Saratoga Rd in accordance with the latest
Caltrans State Standard Drawings and to the approval of the Town Engineer. The
actual ramp "Case" shall be identified on the plans and shall be to the approval of the
Town Engineer. These six (6) curb ramps shall be constructed prior to occupancy of
the first building. Ramps on the north side of Los Gatos -Saratoga Road will be required
so long as their construction does not require significant signal modifications to the
approval of the Town Engineer.
d. SEWER CLEAN -OUT - The applicant shall install the sewer lateral clean -out at the
property line in accordance with the West Valley Sanitation District standards. Sewer
clean-out(s) shall be constructed prior to occupancy of the first building.
e. MULTI -USE PATHWAY —The applicant shall construct a multi -use pathway along the
western portion of the property between the Alberto Way intersection and the Los
Gatos High School boundary in the location as shown on the approved plans. The
pathway shall provide 12' clear width and include a 10' wide paved section along its
entirety and include, at a minimum, an egress point at the southern terminus to allow
users to exit the trail when the school has closed its access point. The pathway shall be
designed and constructed to withstand the weight of maintenance vehicles (10,000
lbs.). The terminus of the pathway at the southern end shall provide access to the
shared property line between the development site and Los Gatos High School as
shown on the approved plans. There shall not be a condition where users of the
pathway are trapped at the southern end without any egress options. If the applicant
wishes to install a fence between the development area and the pathway, an egress
point shall be provided as shown on the approved plans. The multi -use pathway shall
be completed prior to the issuance of the certificate of occupancy for the units in
Buildings 1 through 4. The applicant shall enter into a Multi -use Pathway Maintenance
Agreement with the Town to maintain in perpetuity the pathway in a safe and useable
condition as determined by the Town Engineer. The agreement shall be recorded prior
to the certificate of occupancy of for the units in Buildings 1 through 4. Language to
ensure adherence to the Multi -use Pathway Maintenance Agreement shall be
incorporated into the project's CC&Rs.
59. PARKING AREAS — The applicant shall submit plans for all required off street parking areas
showing proper grading, drainage, ramps profile, and parking dimensions in conformance
with Town parking standards, subject to approved waivers or reductions of development
standards. The plans shall be approved by the Town Engineer prior to the issuance of the
first building permit.
60. PARKING AREA DRAINAGE — Parking areas and other impervious areas shall be designed to
drain stormwater runoff to vegetated drainage swales, filter strips, and/or other Low
Impact Development (LID) treatment devices that can be integrated into required
landscaping areas and traffic islands prior to discharge into the storm drain system and/or
public right-of-way. The applicant shall pave the streets and alleys to meet Santa Clara
County Fire Department requirements and be structurally appropriate for the location.
61. BICYCLE PARKING —The applicant shall provide both Tong -term bicycle storage and short-
term bicycle racks on -site, as shown on the approved site plan, to the approval of the
Town Engineer.
62. TREE REMOVAL PERMIT —The applicant shall apply and obtain a Tree Removal Permit
from the Parks and Public Works Department for the removal of existing trees on -site or
in the public right-of-way prior to the issuance of a building permit or demolition building
permit, whichever is issued first. An arborist report may be required by the Town Arborist
prior to the removal of any tree. The Town shall allow removal of all trees as shown on
the approved plans and as approved by the Arborist report.
63. PHASED PERMITS —The applicant may, with the approval of the Town Engineer, phase
construction permits to expedite the construction process. If this is done, each phase of
the work will require a separate and complete set of plans to be submitted, reviewed, and
approved prior to the issuance of the said permit. Overlapping of permits may occur, if
approved by the Town Engineer. No work on the next phase of construction, in advance of
the permitted work may occur. No "at risk" work will be permitted. Phased work may
include the following unless approved by the Town Engineer:
a. Clearing-Grubbing/Rough Grading
b. Fine Grading
c. Underground Utilities
d. Site Improvements
e. Off -Site Improvements
Plans shall be submitted, reviewed, and approved by the Town Engineer prior to the
commencement of work.
64. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS —The Grading Permit Plans and
Public Improvement Plans (together referred to as "Improvement Plans") shall be
submitted as a set to Parks and Public Works Department along with a title report dated
no older than 30 days from the date the Improvement Plans are submitted. All
improvements shall be designed and constructed in accordance with applicable Federal
law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and
Details.
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. The Improvement Plans shall include, at a minimum:
a. A cover sheet with at least the proposed development vicinity map showing nearby
and adjacent major streets and landmarks, property address, APN, scope of work,
project manager and property owner, a "Table of Responsibilities" summarizing
ownership, access rights, and maintenance responsibilities for each facility (streets,
utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page
number for each sheet (i.e. "Sheet 1 of 54"), the lot size, required and proposed lot
setbacks by type, proposed floor areas by type for each building, average slope,
proposed maximum height, and required and proposed parking count and type.
b. The Approved Conditions of Approval printed within the plan set starting on the
second sheet of the plan set.
c. An Existing Site Plan showing existing topography, bearing and distance information
for all rights -of -way, easements, and boundaries, any existing easements proposed to
be quit -claimed, existing hardscape, existing above ground utility features, and
existing structures. The Improvement Plans shall identify the vertical elevation datum,
date of survey, and surveyor responsible for the data presented.
d. A Proposed Site Plan showing proposed topography, boundaries, proposed and
existing to remain easements, hardscape, above ground utility features (hydrants,
transformers, control cabinets, communication nodes, etc.), and structures. Include
top and bottom elevations of every inflection point of each wall. Show proposed
public right-of-way improvements. Distinguish proposed Iinework from existing
Iinework using heavier line type for proposed.
e. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography
using labeled contour lines, drainage direction arrows with slope value, and break
lines. Proposed and existing to remain hardscape elevations must be provided in detail
including slope arrows.
f. A Utility Plan showing appropriate line types and labels to identify the different types
of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters,
sanitary sewer cleanouts, etc. shall be located on private property unless otherwise
approved by the Town Engineer.
g. A Photometric Lighting Plan analyzing the full -width of the adjacent right-of-way. The
plan shall show the average maintained horizontal illumination in foot-candles and the
average to minimum uniformity ratio. Lighting shall be in compliance with the Town's
Standard Specification section 2.38.
h. The signal head alignment on the northern side of the intersection shall align with the
outbound travel lanes from the development to the approval of the Town Engineer. If
modifications to the signals are needed, a Traffic Signal Plan shall include a conduit
schedule, conduit plan, pole locations, streetlights, intersection striping, power
connection, and meter locations.
i. A Landscaping Plan for the project site and the full width of the public right-of-ways
adjacent to the project. The plans shall clearly identify public and private utilities and
points of demarcation between the two.
j. A Composite Plan showing civil, landscape, electrical, and joint trench locations
combined on one drawing to identify potential conflicts between disciplines. The
Composite Plan shall include the size, location, and details of all trenches, locations of
building utility service stubs and meters, and placements or arrangements of junction
structures as a part of the Improvement Plan submittals for the project. Show
preferred and alternative locations for all utility vaults and boxes if project has not
obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the
composite drawings and/or utility improvement plans. (All dry utilities shall be placed
underground except transformers and any other equipment required by the utility
provider to be placed above ground, as shown on the approved plans). A note shall be
placed on the joint trench composite plans which states that the plan agrees with
applicable Town Codes and Standards and that no underground utility conflict exists.
k. General Notes found in the Town of Los Gatos General Guidelines.
I. A statement in the general notes indicating the need to obtain a Caltrans
Oversized/Overweight Vehicles Transportation Permit if oversized or overweight
vehicles are expected to be used
m. A statement that all utility boxes in vehicular pathways shall be traffic -rated.
65. STANDARD PLAN COMPLIANCE —The project shall comply with the Town's Standard Plans
to the approval of the Town Engineer, subject to approved waivers and reductions of
development standards. Street improvements, all street sections, the design of all off -site
storm drainage facilities shall be in accordance with applicable Town Standard
Specifications and Standard Plans approved by the Town Engineer. Improvements
deemed necessary by the Town Engineer shall be shown on the Improvement Plans.
66. EXISTING FACILITY PROTECTION AND REPAIR — All existing public utilities shall be either
protected in place, relocated, or repaired. The applicant shall repair or replace all existing
improvements not designated for removal, and all new improvements that are damaged
during construction or removed because of the Applicant's operations. This includes
sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing
improvements in the area that are not intended to be removed and replaced. The
applicant shall request a walk-through with the PPW construction Inspector before the
start of construction to verify existing conditions. Said repairs shall be completed prior to
issuance of the first certificate of occupancy of the project.
67. UTILITIES — All new services to the development shall be "underground service" designed
and installed in accordance with the various utility regulations. Underground utility plans
must be submitted to the Town and approved by the Town Engineer prior to installation.
68. UTILITY RESPONSIBILITIES — Storm sewer utilities in private areas shall be privately owned
and privately maintained. The public storm sewer system is owned and maintained by the
Town of Los Gatos. The water system in Los Gatos is owned and maintained by San Jose
Water Company. The sanitary sewer system in Los Gatos is owned and maintained by
West Valley Sanitation District. Public utilities within utility easements on private property
remain the responsibility of the individual utility companies to maintain.
69. UTILITY COMPANY COORDINATION —The applicant shall negotiate any necessary right-of-
way or easements with the various utility companies in the area, subject to the review
and approval by the Town Engineer and the utility companies. Prior to the approval of the
site plan for construction, the applicant shall submit "Will Serve" letters from PG&E, San
Jose Water, West Valley Sanitation District, and either Comcast, Frontier, AT&T, or
Verizon, as applicable, with a note indicating either a list of improvements that are
necessary to serve the project, or a statement that there are no required improvements
to the existing network. Early coordination with the utility companies is necessary to
obtain this letter since a detailed review of the project demands will be necessary to
confirm system capacity. Coordination of Town utilities shall be through the Town
Engineer.
70. PREPARATION OF ELECTRICAL PLANS — All street lighting and traffic signal electrical plans
shall be prepared by a California registered professional engineer experienced in
preparing these types of plans. The Applicant shall submit necessary stamped and signed
Traffic Signal Plan with the Improvement Plans.
71. EXTERIOR SITE LIGHTING STANDARDS — The applicant shall submit a photometric plan for
on -site lighting showing lighting levels in compliance with the Town Standard
Specifications section 2.38. The plan shall show the minimum maintained horizontal
illumination in foot-candles and the uniformity ratio for all areas. This lighting standard is
applicable to all publicly -accessibly parking areas, driveways, and streets. Private spaces
not accessible to the public are not required to meet this standard. The lighting system
shall be so designed as to limit light spill beyond property lines and to shield the light
source from view from off site. The photometric plan shall be approved by the Town
Engineer and shall be addressed on the construction plans submitted for the first building
permit. Any subsequent building permits that include any site lighting shall also meet
these requirements.
72. STORM DRAINAGE STUDY —The applicant shall submit a Storm Drainage Study for the
development including pre- and post -development peak discharge rates for 2-, 10-year,
and 100-year (50-percent, 10-percent, and 1-percent annual chance) storm events
including supporting hydraulic calculations for proposed pipe sizing. The study must also
address sizing computation and design details for stormwater quality systems proposed
with the development. The study shall include an evaluation of the project site drainage
including topography, natural drainage patterns, and existing man-made diversions
(structures, raised pads, fences, etc.). The Applicant shall submit the study for review and
approval by the Town Engineer. If the study indicates that the theoretical water surface
elevation or hydraulic grade line of the proposed development during a 10-year storm
event is above ground level at any point, the applicant will be required to mitigate the
impact by modifying the existing utilities necessary to accommodate 120 percent of the
projected 10-year storm event flow from existing and proposed development through the
system. An evaluation 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 event. The Town Code requires that new structures not
experience flooding within the livable space. The improvements shall be addressed on the
construction drawings, to the approval of the Town Engineer, prior to the issuance of the
first building permit.
73. STORMWATER MANAGEMENT PLAN — Prior to the issuance of any construction phase
permit, the applicant shall submit and receive approval from the Town Engineer of a
Storm Water Management Plan ("SWMP"). The SWMP shall comply with the California
Water Board regulations and delineate site design measures, source control measures,
low -impact -development (LID) treatment measures, hydromodification management
measures, and construction site controls as appropriate. The Plan must indicate erosion
protection measures for the inlet structures (e,g., pipe outlets, pump dissipator pipes,
and/or bubblers). For the BAHM analysis, the applicant must provide additional
information regarding the four pump stations' pump operations and intended routing
during various runoff conditions (i.e., treatment runoff vs. HM controls) and the rationale
for the pump size selected relative to the treatment flow rate. The Applicant shall update
the BAHM analysis to conform to project conditions to the satisfaction of the Town
Engineer and include a summary of the changes made to the BAHM analysis since the
entitlement plan review for review by the C3 consultant. The Applicant must select and
indicate bioretention area plants capable of withstanding and surviving the higher design
ponding conditions. If pumps continue to be proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable of
treating, to avoid consistently overwhelming the bioretention areas.
b. Submit sizing calculations and pump curves for the pumps in subsequent submittals.
This is required to ensure that they can handle the water quality design flow rate
throughout the storm event.
c. The applicant must integrate an alarm system that will notify a 24-hour response
service of any stormwater pump failure. Maintenance response service shall have a
maximum 24-hour response time to address pump failures. Language must be
included in the CC&Rs stipulating the HOA executes an agreement with a maintenance
firm capable of responding within an hour of an alarm.
If off -site improvements modify the quantities of regulated and unregulated off -site
impervious area, the Applicant must update Section 2, item "d" and Section 8 of the C.3
Data Form to reflect those changes.
The SWMP shall analyze the existing and final conditions inclusive of all proposed facilities
and features. The plan must include accommodations for historic drainage traversing the
parcel. The applicant must provide an updated C3 Data Form and supporting calculations
outlining the designer's approach to compliance with the current Municipal Regional
Stormwater Permit. In the event that the building/grading permit plans differ significantly
from the entitled plans, the Town Engineer may require a modification of the Planning
approval prior to release of any building permit. The Applicant's Stormwater Management
Plan will be reviewed by the Town's C3 consultant. A deposit was collected during the
entitlement phase for work with the Town's C3 consultant. Construction level documents
will now be reviewed by the Town's C3 consultant. The applicant will be required to make
supplemental deposit(s) if the current deposit is exhausted or nearly exhausted.
74. DEVELOPER STORM WATER QUALITY RESPONSIBILITY —The Applicant is responsible for
ensuring that all contractors including subcontractors are aware of all stormwater quality
measures and implement such measures. The applicant shall perform all construction
activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter
12 — Grading, Erosion and Sediment Control, and the National Pollutant Discharge
Elimination System (NPDES) General Permit. Failure to comply with these rules and
regulations will result in the issuance of correction notices, citations, or a project stop
order.
75. SITE DRAINAGE — Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to
public storm system shall be stenciled/signed with appropriate "NO DUMPING - Flows to
Bay" NPDES required language using methods approved by the Town Engineer on all
storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be
designed to serve exclusively stormwater. Dual-purpose storm drains that switch to
sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall
obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
76. CLEAN, INSPECT, AND REPAIR STORM LINE — If the project plans to connect to the public
storm drainage system, the applicant is required to evaluate the conditions of the existing
storm lines along the project frontage by videotaping and providing the result to the Town
Engineer. The applicant shall clean and inspect (via remote TV camera) the storm line
from the manhole upstream to the manhole downstream of the project area. The video
inspection shall be done by a professional video inspection company, to Town standards,
and be completed prior to building permit issuance. The video of the inspection shall be
reviewed with the Department of Parks and Public Works and any cracked or broken
sections of the line along the project frontage shall be repaired by the Applicant at their
expense, to the approval of the Town Engineer. The required repairs shall appear on the
Improvement Plans submitted by the applicant for permit plan check. All necessary
repairs to the storm line shall be completed and approved prior to connection to the
storm drainage system from the project site.
77. GRADING & DRAINAGE WINTER MORATORIUM — All grading activity shall comply with the
Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be
no earthwork disturbance or grading activities between October 15th and April 15th of
each year unless approved by the Town Engineer. In order to be considered for approval,
the applicant must submit a Winterization Erosion Control Plan certified by a California
certified QSD to the Town Engineer for review and approval. If grading is allowed during
the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and
stabilizing/building on the exposed area. The submission of a certified plan does not
guarantee approval. Any approved and executed plan must be kept on -site while the
project is in construction.
78. SWPPP AND EROSION CONTROL — The applicant shall prepare and submit a
comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim and
final erosion control plans to the Town Engineer for review and approval. The interim
erosion control plan(s) shall include measures carried out during construction before final
landscaping is installed. Multiple phases of interim erosion control plans may be necessary
depending on the complexity of the project. Interim erosion control best management
practices may include silt fences, fiber rolls, erosion control blankets, Town approved
seeding mixtures, filter berms, check dams, retention basins, etc. The applicant shall
install, maintain, and modify the erosion control measures as needed to continuously
protect downstream water quality. In the event an emergency modification is deemed
necessary, the applicant is to implement necessary measures to protect downstream
waterways immediately and then submit the changes made within 24-hours to the Town
Engineer for review and approval. The applicant shall provide the Town Engineer the
assigned Notice of Intent (NOI) permit number received after filing a Notice of Intent
under the Construction Stormwater General Permit.
The erosion control plans and SWPPP shall be in compliance with applicable measures
contained in the most current Santa Clara County National Pollutant Discharge Elimination
System (NPDES) Municipal Regional Permit (MRP). Link to website:
https://www.waterboards.ca.gov/rwgcb2/board_decisions/adopted_orders/2022/R2-
2022-0018.pdf
Monitoring for erosion and sediment control is required and shall be performed by the
Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by
the Construction General Permit. The applicant must take measures to ensure continuous
compliance with the Construction General Permit. All test submitted to the regional board
must also be submitted to the Town Engineer. Any fees or penalties assessed against the
Town in response to the applicant's failure to comply with the Permit must be paid by the
applicant.
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.
79. SITE TRIANGLE AND TRAFFIC VIEW AREA — Fencing, landscaping, and permanent
structures shall be less than 3-feet in height or have a minimum vertical clearance of 7.5-
feet if located within the driveway view area, traffic view area, or corner sight triangle.
The driveway and intersection site triangles are represented on Town Standard Drawing
ST-231. The traffic view area and corner sight triangle are shown on Town Standard
Drawing ST-232. This includes all above ground obstructions including utility structures,
for example electric transformers. The various clearance lines shall be shown on the site
plan to demonstrate compliance.
80. GEOTECHNICAL ENGINEER REVIEW FOR GRADING — Prior to building permit issuance, the
applicant's Geotechnical Engineer shall submit a design level geotechnical report. The
report will require a peer review by the Town's geological and geotechnical consultant. A
deposit for the peer review of this report has been paid during the entitlement review.
The Town will route the design level geotechnical report to the Town's peer review
consultant once the design level report is submitted. Once approved, the geotechnical
engineer shall review the grading and drainage plan and proposed pavement and
foundation design to verify that the design is in accordance with their recommendations.
The applicant's Geotechnical Engineer's approval shall be conveyed to the Town either by
letter or by signing and stamping the plans. All grading operations and soil compaction
activities shall be per the approved project's design level geotechnical report. The
applicant shall add this condition to the general notes on the grading plan.
81. GEOTECHNICAL ENGINEER OBSERVATION — All grading activities shall be conducted under
the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed
with the Town of Los Gatos for each phase of construction stating that all grading
activities were performed in conformance with the requirements of the project's design
level geotechnical report. The applicant shall submit a Final Geotechnical Construction
Observation and Testing Summary in an "as -built" letter/report prepared and submitted
to the Town prior to issuance of the certificate of occupancy. The applicant shall add this
condition to the general notes on the grading plan.
82. PRECONSTRUCTION MEETING —After the issuance of any Grading or Encroachment
permit and before the commencement of any on or off -site work, the applicant shall
request a pre -construction meeting with the Parks and Public Works Inspector to discuss
the project conditions of approval, working hours, site maintenance, and other
construction matters. At that meeting, the applicant shall submit a letter acknowledging
that:
a. They have read and understand these project Conditions of Approval;
b. They will require that all project sub -contractors read and understand these project
Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on -site at all
times during construction.
83. FLOOR DRAINS — All floor drains shall be plumbed to connect to the sanitary sewer system
only. Site design must facilitate drainage away from building floor drains.
84. GARBAGE/RECYCLE STORAGE AND SERVICE —The applicant shall provide an adequate
area for storing garbage and recycling collection containers for scheduled servicing by the
Town's solid waste collection provider, as shown on the approved plans. The collection
containers shall be brought to the service area on the day of service and returned to the
storage enclosure by the property owner that same day. The containers are not to be in
public view or in the public right-of-way prior to, or beyond the scheduled service times. A
letter from West Valley Collection and Recycling confirming serviceability and site
accessibility shall be provided to the Town Engineer for approval prior to the approval of
the site plan for construction.
85. SITE LANDSCAPING COORDINATION —The site landscaping shall be coordinated between
the stormwater treatment area and the overall site landscaping plan area. The
landscaping within the stormwater treatment area may not count towards the site
landscaping requirement. Stormwater treatment areas should be identified on the site
first, and then site landscaping added to make sure the correct plant material is identified
for each area. Some site landscaping plant material may not be suitable in stormwater
treatment areas due to the nature of the facility but may pass under the stormwater
treatment facilities as long as the sewer line is below the lowest point of the stormwater
treatment facility and the sewer pipe does not contain any joints within the stormwater
treatment area to the approval of the Town Engineer. It is the applicant's responsibility to
coordinate the civil stormwater treatment facilities and the plans from the project
landscaper.
86. TRAFFIC SIGNAL MODIFICATIONS — The Applicant shall modify the project driveway
interface with Los Gatos -Saratoga Rd as needed to accommodate the final configuration
of the driveway and frontage improvements. These modifications may include traffic
signal modifications, lane configuration changes, and associated striping modifications. All
designs shall be to the approval of Caltrans, as applicable, and the Town Engineer. Any
required improvements shall be installed prior to the occupancy certificate of the first
building. Any improvements within the Caltrans right of way shall be subject to approval
by Caltrans.
87. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM) — Prior to issuance of the 101st
certificate of occupancy, a detailed, sustainable, and measurable TDM program with
accountability requirements to ensure the TDM measures are achieved shall be
implemented by the developer. The TDM programs or facilities shall encourage transit use
for all types of trips.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP, OR
IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME
88. DEDICATION OF EASEMENT — The applicant shall dedicate a 16-foot wide Public Access
Easement (PAE) along the northwest side of the project, as shown on the vested Tentative
Map to the Town for public use of the multi -use pathway. The Applicant shall also
dedicate Emergency Vehicle Access Easements ("EVAE"), Private Storm Drian Easements
("PSDE"), Private Sanitary Sewer Easements ("PSSE"), Public Utility Easements ("PUE"),
and Waterline Easements ("WLE") as noted on the vesting Tentative Map. All easements
shall be conveyed by on the Final Map and perfected with a grant deed documentation
including plats and legals depicting the dedications. The applicant shall prepare the
easement conveyance documents for review to the approval of the Town Engineer. The
easement shall be recorded with the County of Santa Clara prior to the issuance of the
building permit.
89. TEMPORARY CONSTRUCTION EASEMENT — Prior to the issuance of a grading or building
permit, it shall be the sole responsibility of the project to obtain any and all proposed or
required easements and/or permissions necessary to perform any work on neighboring
private property herein proposed. Proof of agreement/approval is required prior to the
issuance of any Permit.
90. SUBDIVISION (FINAL) MAP — The applicant shall have a Final Map prepared by a person
authorized to practice land surveying in California that delineates all parcels created or
deleted and all changes in lot lines in conformance with the Los Gatos Town Code and the
Subdivision Map Act. The Final Subdivision Map shall be approved by the Department of
Parks and Public Works and recorded by the County Recorder's Office prior to the
issuance of the first building permit.
The Final Map shall be presented to the Town Council for review and action. The Town
Council meeting will be scheduled approximately fifty (50) days after the Final Map is
deemed technically correct and Improvement Plans with supporting documents, reports,
and agreements are approved by the Town. Executed Final Map shall be recorded prior to
the issuance of any grading or building permits. Existing buildings shall be demolished
prior to the recordation of the map if they will conflict with any newly created lot line.
A map guarantee shall be submitted to the Town by the Applicant's title company prior to
release of the map to the title company for recordation. Prior to the Town's release of the
Subdivision (Final) Map to the title company, the applicant may, at the discretion of the
Town Engineer, be required to submit to the Town an electronic copy of the map in the
AutoCAD Version being used by the Town at the time of recordation. It is the applicant's
responsibility to check with their title company and the County Recorder's Office to
determine the time necessary to have the map recorded after Town approval.
91. SUBDIVISION IMPROVEMENT AGREEMENT ("SIA") —The applicant shall enter as a
contractor into an agreement with the Town per Town Code Section 24.40.020, Gov. Code
Section 66462(a), and shall arrange to provide Payment and Performance bonds each for
100 percent of the cost of public infrastructure improvements to be constructed in the
public right-of-way. These improvements shall include, but not be limited to, roadway
construction, sidewalk, curb and gutter, storm lines, street lights, and signal equipment.
Town Standard insurance shall be provided per the terms of the agreement. The
agreement will be forwarded to the Town Council for approval with project Final Map.
The SIA shall be approved by the Town Council prior to approval of the final map.
92. MONUMENTS — The applicant shall arrange for the engineer to have all monuments set
per the recorded final map. A certificate letter by the Surveyor or Engineer stating the
monuments are set per plan shall be provided to the Town Engineer prior to occupancy.
93. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R) — The applicant shall prepare and
submit draft project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the Town
Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include relevant
project Conditions of Approval and shall include language that restricts the Homeowner's
Association from making changes to the CC&Rs without first obtaining approval from the
Town. The CC&Rs shall be reviewed and approved prior to the Town Council approval of
the final map.
94. PAYMENT OF WEST VALLEY SANITATION DISTRICT FEES — All sewer connection and
treatment plant capacity fees shall be paid either immediately prior to the recordation of
any subdivision or tract maps with respect to the subject property or properties or
immediately prior to the issuance of a sewer connection permit, which ever event occurs
first. Written confirmation of payment of these fees shall be provided to the Town
Engineer prior to map recordation.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR
IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
95. RECORD DRAWINGS —The applicant shall submit a scanned PDF set of stamped record
drawings and construction specifications for all off -site improvements to the Department
of Parks and Public Works. All underground facilities shall be shown on the record
drawings as constructed in the field. The applicant shall also provide the Town with an
electronic copy of the record drawings in the AutoCAD Version being used by the Town at
the time of completion of the work. The applicant shall also submit an AutoCAD drawing
file of all consultants composite basemap Iinework showing all public improvements and
utility layouts. This condition shall be met prior to the release of utilities, final inspection,
or issuance of a certificate of occupancy, whichever occurs first.
96. RESTORATION OF PUBLIC IMPROVEMENTS — The applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed during
construction. Improvements such as, but not limited to curbs, gutters, sidewalks,
driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired or replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of
the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The
restoration of all improvements identified by the PPW Inspector shall be completed
before the issuance of a certificate of occupancy. The applicant shall request a walk-
through with the PPW Inspector before the start of construction to verify existing
conditions.
97. PAVEMENT RESTORATION — Due to construction activities, new utility cuts along the
project frontage, and the anticipated project's truck traffic the applicant shall grind and
provide a 2" overlay with asphalt concrete on the south side of Los Gatos -Saratoga Road
along the entire property length between the center median island and the property
frontage. Prior to overlay, any base failure repair or required dig -outs identified by the
PPW Inspector shall be completed. The Town Engineer shall approve and the applicant
shall construct roadway repairs prior to the final certificate of occupancy. Prior to issuance
of the grading permit, the applicant shall submit a pre -construction roadway report for
the north side of Los Gatos -Saratoga Road along the project frontage. The report shall be
prepared by a licensed civil engineer and identify any existing base failures or other
deficiencies along the northside in the roadway. The applicant shall be responsible for
damage identified to the roadway system resulting from the construction activities. Note
that a Caltrans permit will be required for work within the Caltrans right-of-way, unless
otherwise approved by the Town Engineer.
98. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT —The applicant shall
execute and record a Stormwater Treatment Facilities Maintenance Agreement to ensure
perpetual maintenance of the regulated project's treatment facilities. The agreement shall
outline the operation and maintenance (O&M) plan for the permanent storm water
treatment facilities. The Town -Standard Stormwater BMP Operation and Maintenance
Agreement will be provided by the Parks and Public Works Department upon request. The
agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is
neglected, or the stormwater management facility becomes a danger to public health
or safety, the Town shall have the authority to perform maintenance and/or repair
work and to recover the costs from the property owner.
b. All on -site stormwater management facilities shall be operated and maintained in
good condition and promptly repaired/replaced by the property owner(s) or other
legal entity approved by the Town.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with
Town -approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any
stormwater management facility and shall describe the maintenance to be completed,
the time period for completion, and who shall perform the maintenance. This
maintenance schedule shall be included with the approved Stormwater Management
Facilities Maintenance Agreement. The applicant shall reimburse the Town for the
cost of regular site inspections as required under the Municipal Regional Permit.
e. Language to ensure adherence to the Stormwater Treatment Facilities Maintenance
Agreement shall be incorporated into the project's CC&Rs.
f. This agreement shall be executed prior to occupancy of the first building.
99. STORMWATER MANAGEMENT FACILITIES INSPECTION —The Stormwater Management
Facilities Maintenance Agreement shall require inspections be performed which shall
adhere to the following:
a. To comply with the State Stormwater requirements and the NPDES permit, the
applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures
during construction. The applicant's QSD or QSP shall provide the Town weekly
inspection reports to the approval of the Town Engineer.
b. Stormwater facility inspections shall be done at least twice per year, once in Fall by
October 1st, in preparation for the wet season, and once in Winter by March 15th.
Written records shall be kept of all inspections and shall include, at minimum, the
following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and
vii. As applicable, the need for site re -inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to Public
Works Engineering no later than October 1st for the Fall report, and no later than
March 15th of the following year for the Winter report.
d. Before commencing any grading or construction activities, the applicant shall obtain a
National Pollutant Discharge Elimination System (NPDES) permit and provide evidence
of filing of a Notice of Intent (NOI) with the State Water Resources Control Board.
e. The applicant is responsible for ensuring that all contractors are aware of all storm
water quality measures and implement such measures. Failure to comply with the
approved construction BMPs will result in the issuance of correction notices, citations
or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention
basins, drain rock, etc.) shall be done toward final phases of project to prevent silting
of facilities and reduce the intended use of the facilities.
g. Prior to final inspection, the Applicant must facilitate the testing of all stormwater
facilities by a certified QSP or QSD to confirm the facilities are meeting the minimum
design infiltration rate. All tests shall be made at on 20 ft x 20 ft grid pattern over the
surface of the completed stormwater facility unless otherwise approved by the Town
Engineer.
h. All soil and infiltration properties for all stormwater facilities shall be evaluated by the
geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with
appropriate safety factors) at horizontal and vertical (at the depth of the stormwater
facility) shall be conducted for each stormwater facility. A 50 percent safety factor
shall be applied to the calculated percolation test and shall be used as the basis for
design (the design percolation rate). The geotechnical report shall include a section
designated for stormwater design, including percolation results and design
parameters.
100. DISPOSAL AREA STORMWATER DISCHARGE — New buildings, such as food service facilities
and/or multi -family residential complexes or subdivisions, shall provide a covered or
enclosed area for dumpsters and recycling containers. The area shall be designed to
prevent water run-on to the area and runoff from the area. Areas around trash
enclosures, recycling areas, and/or food compactor enclosures shall not discharge directly
to the storm drain system. Any drains installed in or beneath dumpsters and compactors
shall be connected to the sanitary sewer. Any drains installed in or beneath tallow bin
areas serving food service facilities shall be connected to the sanitary sewer system with a
grease removal device prior to discharging. The applicant shall contact the local
permitting authority and/or West Valley Sanitation District for specific connection and
discharge requirements.
101. LANDSCAPE MAINTENANCE AGREEMENT —The Applicant shall enter into a Landscape
Maintenance Agreement with the Town of Los Gatos in which the Applicant agrees to
maintain the vegetated areas along the project's Los Gatos -Saratoga Road frontage
located within the public right-of-way for which the Town is responsible for maintaining.
The agreement must be accepted by the Town Attorney and executed prior to the
issuance of the final certificate of occupancy.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME
102. PUBLIC WORKS CONSTRUCTION ACTIVITIES —The Town shall be notified at least ten (10)
working days prior to the start of any construction work, and at that time the contractor
shall provide a project construction and phasing schedule and a 24-hour emergency
telephone number list. The schedule shall be in Microsoft Project, or an approved equal,
and shall identify the scheduled critical path -for the installation of improvements to the
approval of the Town Engineer. The schedule shall be updated weekly. The approved
construction and phasing schedule shall be shared with the Los Gatos -Saratoga Union
High School District (LGSUHD) to avoid traffic impacts to surrounding school functions. An
approved construction information handout(s) shall also be provided to LGSUHD to share
with school parents.
a. The General Contractor shall always provide a qualified supervisor on the job site
during construction.
b. All work shown on the improvement plans shall be inspected to the approval of the
Town Engineer, as applicable. Uninspected work shall be removed as deemed
appropriate by the Town Engineer.
c. Construction activities related to the issuance of any Public Works permit shall be
restricted to the weekday between 8:00 a.m. and 6:00 p.m., Saturday 9:00 a.m. to
4:00 p.m. for general construction activities. No work shall be done on Sundays and on
Town Holidays unless otherwise approved by the Town Engineer. Please note that no
work shall be allowed to take place within the Town right-of-way after 5:00 p.m.
Monday through Friday. In addition, no work being done under the issuance of a
Public Works encroachment permit may be performed on the weekend unless prior
approvals have been granted by the Parks and Public Works Department. The Town
Engineer may apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school
commute routes. Signs outlining the project construction times shall be posted at
conspicuous locations on site where it is visible to the public. The signs shall be per the
Town Standard Drawing for posting construction hours. The sign shall be kept free of
graffiti at all times. Contact the Building Department to obtain a sample Town
Standard sign outlining hours of operation.
d. The allowed hours of Public Works construction activities may be waived or modified
through an exemption, for limited periods, if the Town Engineer finds that the
following criteria are met:
i. Permitting extended hours of construction will decrease the total time needed to
complete the project thus mitigating the total amount of noise associated with
the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate design or
engineering requirements, such as a large concrete pour. Such a need would be
determined by the project's design engineer and require approval of the Town
Engineer.
iii. An emergency situation exists where the construction work is necessary to correct
an unsafe or dangerous condition resulting in obvious and eminent peril to public
health and safety. If such a condition exists, the Town may waive any of the
remaining requirements outlined below.
iv. The exemption will not conflict with any other condition of approval required by
the Town to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and commercial
occupants of property adjacent to the construction site of the hours of
construction activity which may impact the area. This notification must be
provided three days prior to the start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the construction site
in a place and manner that can be easily viewed by any interested member of the
public.
vii. The Town Engineer may revoke the exemption at any time if the contractor or
owner of the property fails to abide by the conditions of exemption or if it is
determined that the peace, comfort, and tranquility of the occupants of adjacent
residential or commercial properties are impaired because of the location and
nature of the construction.
viii. The waiver application must be submitted to the PPW Inspector ten (10) working
days prior to the requested date of waiver.
e. All construction activities 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.
f. The following provision to control traffic congestion, noise, and dust shall be followed
during site excavation, grading, and construction:
i. All construction vehicles should be properly maintained and equipped with
exhaust mufflers that meet State standards.
ii. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour.
iii. 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.
iv. 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 times daily, or apply (non -toxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites in
order to ensure proper control of blowing dust for the duration of the project.
v. Watering on public streets and wash down of dirt and debris into storm drain
systems is prohibited. Streets will be cleaned by street sweepers or by hand as
often as deemed necessary by the PPW Inspector, 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 late -afternoon
watering to minimize the effects of blowing dust. Recycled water shall be used for
construction watering to manage dust control where possible, as determined by
the Town Engineer. Where recycled water is not available potable water shall be
used. All potable construction water from fire hydrants shall be coordinated with
the San Jose Water Company.
vi. 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
Construction Inspector.
vii. Construction grading activity shall be discontinued in wind conditions in excess of
25 miles per hour, or that in the opinion of the PPW Inspector cause excessive
neighborhood dust problems.
viii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned
immediately if tracked into the public right-of-way, or the project may receive a
stop work order. Mud, silt, concrete and other construction debris shall not be
washed into the Town's storm drains.
ix. Construction activities shall be scheduled so that paving and foundation placement
begin immediately upon completion of grading operation.
x. All aggregate materials transported to and from the site shall be covered in
accordance with Section 23114 of the California Vehicle Code during transit to
and from the site.
xi. Prior to issuance of any permit, the applicant shall submit any applicable
pedestrian or traffic detour plans, to the satisfaction of the Town Engineer, for
any lane or sidewalk closures. The temporary traffic control plan shall be
prepared by a licensed professional engineer with experience in preparing such
plans and in accordance with the requirements of the latest edition of the
California Manual on Uniform Traffic Control Devices (MUTCD) and standard
construction practices. The Traffic Control Plan shall be approved prior to the
commencement of any work within the public right-of-way.
xii. During construction, the applicant shall make accessible any or all public and
private utilities within the area impacted by construction, as directed by the Town
Engineer.
xiii. The minimum soils sampling and testing frequency shall conform to Chapter 8 of
the Caltrans Construction Manual. The applicant shall require the soils engineer
submit to daily testing and sampling reports to the Town Engineer.
103. HERITAGE TREE PROTECTION MEASURES — The applicant shall submit a tree protection
plan showing how all on and off -site heritage trees will be protected during construction.
All approved and installed Heritage Tree protection measures shall be installed prior to
any site activities and maintained throughout the period of construction. The Project
Arborist shall complete inspections on an as -needed basis during the construction period
and shall submit a monthly report of findings in an email or letter to the Town Engineer
and Town Planner assigned to this project.
104. PROJECT CLOSE-OUT — Prior to requesting a Final Inspection, the Applicant shall submit to
the Town Engineer a letter indicating that all project conditions have been met and all
improvements are complete. All work must be completed to the satisfaction of the
Planning Director and Town Engineer Prior to the first occupancy. All public
improvements, including the complete installation of all improvements relative to streets,
fencing, storm drainage, underground utilities, etc., shall be completed and attested to by
the Town Engineer before approval of occupancy of any unit. Where facilities of other
agencies are involved, including those for water and sanitary sewer services, such
installation shall be verified as having been completed and accepted by those agencies. In
addition, the applicant shall submit an itemized final quantities list of all public
improvements constructed on -site and within the public right-of-way. The final quantities
list shall be prepared by the project engineer and be to the approval of the Town
Engineer. The final quantities list shall be broken out into on -site and off -site
improvements based on the format provided by the Town.
Until such time as all improvements required are fully completed and accepted by Town,
the applicant shall be responsible for the care, maintenance, and any damage to such
improvements. Town shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage, regardless of cause, happening or occurring
to the work or Improvements required for this project prior to the completion and
acceptance of the work or Improvements. All such risks shall be the responsibility of and
are hereby assumed by the Applicant.
105. HOLIDAY CONSTRUCTION MORATORIUM — Due to concerns for business impacts during
the holiday season (starting the week. of Thanksgiving through January 1), there shall be
no construction activities within the right-of-way which would create lane closures,
eliminate parking, create pedestrian detours, or other activities that may create a major
disturbance as determined by the Town Engineer.
106. MATERIAL HAULING ROUTE AND PERMIT — For material delivery vehicles equal to, or
larger than two -axle, six -tire single unit truck (SU) size or larger as defined by FHWA
Standards, the applicant shall submit a truck hauling route and receive a haul permit that
conforms to Town of Los Gatos Standards to the approval of the Town Engineer. Note that
the Town requires a Haul Permit be issued for any hauling activities. The Applicant
sponsor shall require contractors to prohibit trucks from using "compression release
engine brakes" on residential streets. The haul route for this project unless otherwise
approved by the Town Engineer, shall be Hwy. 17 to Saratoga -Los Gatos Road to Alberto
Way to site. A letter from the applicant confirming the intention to use the designated
haul route shall be submitted to the Town Engineer for review and approval prior to the
issuance of any Town permits. All material hauling activities including but not limited to,
adherence to the approved route, hours of operation, staging of materials, dust control
and street maintenance shall be the responsibility of the Applicant. 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 Town Engineer. All storage and office trailers will be kept off the public right-of-way.
Tracking of dirt onto Town streets and walks will not be allowed. The applicant must
provide an approved method of cleaning tires and trimming Toads on site. Any job related
dirt and/or debris that impacts the public right of way shall be removed immediately. All
material hauling activities shall be done in accordance with applicable Town ordinances
and conditions of approval. Mud, silt, concrete and other construction debris shall not be
washed into the Town's storm drains. Violation of such may be cause for suspension of
work.
107. CONSTRUCTION WORKER PARKING —The applicant shall provide a Construction Parking
Plan that minimizes the effect of construction worker parking in the neighborhood and
shall include an estimate of the number of workers that will be present on the site during
the various phases of construction and indicate where sufficient off-street parking will be
utilized and identify any locations for off -site material deliveries. Said plan shall be
approved by the Town Engineer prior to issuance of Town permits and shall be complied
with at all times during construction. Failure to enforce the parking plan may result in
suspension of the Town permits. No vehicle having a manufacturer's rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of
a street which abuts property in a residential zone without prior approval from the Town
Engineer (§15.40.070).
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE
PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
108. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) — Post construction storm
water pollution prevention requirements shall include:
a. The applicant shall be charged the cost of abatement for issues associated with, but
not limited to, inspection of the private storm drain facilities, emergency maintenance
needed to protect public health or watercourses, and facility replacement or repair in
the event that the treatment facility is no longer able to meet performance standards
or has deteriorated. Any abatement activity performed on the applicant's property by
Town staff will be charged to the applicant at the Town's adopted fully -loaded hourly
rate.
b. Label new and redeveloped storm drain inlets with the phrase "No Dumping — Drains
to Bay" plaques to alert the public to the destination of storm water and to prevent
direct discharge of pollutants into the storm drain. Template ordering information is
available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar
chemical products, as well as petroleum based wastes, tallow, and grease planned for
storage outdoors shall be stored in covered containers at all times.
d. All public outdoor spaces and trails shall include installation and upkeep of dog waste
stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be
connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to implement
a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
109. 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.
110. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A08) 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 903.2.18 whichever is the more
restrictive. For the purposes of this section, firewalls used to separate building areas shall
be constructed in accordance with the California Building Code and shall be without
openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or
subcontractor(s) are responsible for consulting with the water purveyor of record in order
to determine if any modification or upgrade of the existing water service is required. A
State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application and appropriate fees to this department for
review and approval prior to beginning their work. CFC Sec. 903.2
111. FIRE ALARM SYSTEM AND STANDPIPE: Fire alarm and standpipe requirement will be
determined during building permit.
112. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED: (As Noted on Sheet C.8) Provide
public/private fire hydrant(s) at location(s) to be determined jointly by the Fire
Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet,
with a minimum single hydrant flow of 2,625 GPM at 20 psi, residual. Fire hydrants shall
be provided along required fire apparatus access roads and adjacent public streets. CFC
Sec. 507, and Appendix B and associated Tables, and Appendix C. No combustible shall
occur prior to new hydrants installation.
113. REQUIRED FIRE FLOW: (Letter and hydraulic analysis received) The minimum require
fireflow for this project is 2,625 Gallons Per Minute (GPM) at 20 psi residual pressure. This
fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1].
114. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C.8) The fire department
connection (FDC) shall be installed at the street on the street address side of the building.
It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the
main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall
be equipped with a minimum of two (2), two -and -one-half (2-1/2") inch national
standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines
may be readily and conveniently attached to the inlets without interference. FDC's shall
be painted safety yellow. [SCCFD, SP-2 Standard].
115. BUILDINGS AND FACILITIES ACCESS: (As Noted on Sheet C.8) Approved fire apparatus
access roads shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or with the jurisdiction. The fire apparatus access road shall
comply with the requirements of this section and shall extend to within 150 feet of all
portions of the facility and all portions of the exterior walls of the first story of the
building as measured by an approved route around the exterior of the building or facility.
[CFC, Section 503.1.1].
116. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (As Noted on Sheet C.8) Provide
an access roadway with a paved all-weather surface, a minimum unobstructed width of 20
feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 30 feet
inside and 50 feet outside, and a maximum slope of 15 percent. Surface shall be capable
of supporting 75K pounds. Installations shall conform to Fire Department Standard Details
and Specifications sheet A-1. CFC Sec. 503.
117. TURNING RADIUS: (As Noted on Sheet C.8) The minimum inside turning radius is 30 feet
and outside turning radius is 50 feet for required access roadways. Greater radius up to 60
feet may be required where the Fire Department determines that Ladder Truck access is
required. Circulating refers to travel along a roadway without dead ends.
118. REQUIRED SECONDARY FIRE DEPARTMENT ACCESS: The required secondary Emergency
Vehicle Access (EVA) is shown at the south/west corner of the property, passing through
the Los Gatos High School sports fields, and connecting to New York Ave. The Fire Marshal
may approve an alternate location for the EVA if it meets SCCFD access road standards.
Construction of the EVA shall be completed prior to occupancy of the 101st unit; however,
building permits may be issued for construction of all 155 units prior to construction of
the EVA. The EVA shall be constructed to all SCCFD access road standards, including width
(20 feet), loading capacity (75,000 Ibs), and signage (identification & no parking).
119. GROUND LADDER ACCESS: (As Noted on Sheet L1.0) Ground -ladder rescue from second
and third floor rooms with egress windows, shall be made possible for fire department
operations. With the climbing angle of seventy-five degrees maintained, an approximate
walkway width along either side of the building shall be no less than seven feet clear.
Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and
1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9. Ladder access (one for each emergency egress
window) of an all-weather supportive surface along with an approved access walkway
leading from the fire apparatus access road to them, shall be provided.
120. FIRE LANES REQUIRED: (As Noted on Sheet C.8) The minimum clear width of fire
department access roads shall be 20 feet. Fire apparatus access roads shall be designated
and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code.
121. 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 applicant(s).
2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
122. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved alternative
methods of protection are provided. Temporary street signs shall be installed at each
street intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2. Construction documents. Construction documents for
proposed fire apparatus access, location of fire lanes, security gates across fire apparatus
access and construction documents and hydraulic calculations for fire hydrant systems
shall be submitted to the fire department for review and approval prior to construction.
CFC Sec. 501.3, 501.4.
123. 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.
124, CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification 51-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
125. 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]