Exhibit 3 - Recommended Conditions of Approval
PLANNING COMMISSION – March 12, 2025
CONDITIONS OF APPROVAL
119 Harwood Court
Architecture and Site Application S-24-040
Consider a Request for Approval to Demolish an Existing Single-Family Residence
and Construct a New Single-Family Residence, Remove of Large Protected Trees, and
Site Work Requiring a Grading Permit on Property Zoned HR-2 ½. APN 527-56-027.
Categorically Exempt Pursuant to the CEQA Section 15303(a): New Construction or
Conversion of Small Structures.
Property Owners: Donal and Maire Conroy
Applicant: Gary Kohlsaat
Project Planner: Suray Nathan
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC, or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan, and must remain on the site.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report for the project, on file in the
Community Development Department. These recommendations must be incorporated in
the building permit plans and completed prior to issuance of a building permit where
applicable.
7. TREE FENCING: Protective tree fencing and other protection measures consistent with
Section 29.10.1005 of the Town Code shall be placed at the drip line of existing trees prior
to issuance of demolition and building permits and shall remain through all phases of
construction. Include a tree protection plan with the construction plans.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
EXHIBIT 3
must be landscaped.
10. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
11. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project
identification signage on the project site shall be removed within 30 days of approval of
the Architecture and Site application.
12. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside
Development Standards and Guidelines.
13. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder’s Office that requires all
exterior materials be maintained in conformance with the Town’s Hillside Development
Standards and Guidelines.
14. MAINTENANCE AGREEMENT: Following the issuance of a certificate of occupancy, the
property owner shall execute a five-year maintenance agreement with the Town that the
property owner agrees to protect and maintain the trees shown to remain on the
approved plans, trees planted as part of the tree replacement requirements, and
guarantees that said trees will always be in a healthy condition during the term of the
maintenance agreement.
15. TREE DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder’s Office that identifies the
on-site trees that were used to provide screening in the visibility analysis and requires
their replacement if they die or are removed.
16. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall
be minimized to the greatest extent feasible. Construction activities that include any tree
removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird
nesting season (January 15 through September 15) to the greatest extent feasible. If this
type of construction starts, if work is scheduled to start or if work already occurring during
the nesting season stops for at least two weeks and is scheduled to resume during the
bird nesting season, then a qualified biologist shall conduct a pre-construction surveys for
nesting birds to ensure that no nests would be disturbed during project construction. If
project-related work is scheduled during the nesting season (February 15 to August 30 for
small bird species such as passerines; January 15 to September 15 for owls; and February
15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird
surveys. Two surveys for active nests of such birds shall occur within 14 days prior to start
of construction, with the second survey conducted with 48 hours prior to start of
construction. Appropriate minimum survey radius surrounding each work area is typically
250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors.
Surveys shall be conducted at the appropriate times of day to observe nesting activities. If
the qualified biologist documents active nests within the project site or in nearby
surrounding areas, an appropriate buffer between each nest and active construction shall
be established. The buffer shall be clearly marked and maintained until the young have
fledged and are foraging independently. Prior to construction, the qualified biologist shall
conduct baseline monitoring of each nest to characterize “normal” bird behavior and
establish a buffer distance, which allows the birds to exhibit normal behavior. The
qualified biologist shall monitor the nesting birds daily during construction activities and
increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive
flights and vocalizations, standing up from a brooding position, and/or flying away from
the nest). If buffer establishment is not possible, the qualified biologist or construction
foreman shall have the authority to cease all construction work in the area until the young
have fledged and the nest is no longer active.
17. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure
demolition activities, a qualified biologist shall conduct a habitat assessment for bats and
potential roosting sites in trees to be removed, in trees within 50 feet of the development
footprint, and within and surrounding any structures that may be disturbed by the
project. These surveys will include a visual inspection of potential roosting features (bats
need not be present) and a search for presence of guano within the project site,
construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating
bark, and bark fissures that could provide suitable potential nest or roost habitat for bats
shall be surveyed. Assumptions can be made on what species is present due to observed
visual characteristics along with habitat use, or the bats can be identified to the species
level with the use of a bat echolocation detector such as an “Anabat” unit. Potential
roosting features found during the survey shall be flagged or marked.
If no roosting sites or bats are found, a letter report confirming absence will be prepared
and no further measures are required.
If bats or roosting sites are found, a letter report and supplemental documents will be
prepared prior to grading permit issuance and the following monitoring, exclusion, and
habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1),
they will be evicted as described under (b) below. If bats are found roosting during the
nursery season, they will be monitored to determine if the roost site is a maternal
roost. This could occur by either visual inspection of the roost bat pups, if possible, or
by monitoring the roost after the adults leave for the night to listen for bat pups. If the
roost is determined to not be a maternal roost, then the bats will be evicted as
described under (b) below. Because bat pups cannot leave the roost until they are
mature enough, eviction of a maternal roost cannot occur during the nursery season.
Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if
determined in consultation with the CDFW) will be established around the roosting
site within which no construction activities including tree removal or structure
disturbance will occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or
on any structures scheduled to be disturbed by project activities, the individuals will
be safely evicted, under the direction of a qualified bat biologist. If pre-construction
surveys determine that there are bats present in any trees to be removed, exclusion
structures (e.g. one-way doors or similar methods) shall be installed by a qualified
biologist. The exclusion structures shall not be placed until the time of year in which
young are able to fly, outside of the nursery season. Information on placement of
exclusion structures shall be provided to the CDFW prior to construction.
If needed, other methods conducted under the direction of a qualified bat biologist could
include: carefully opening the roosting area in a tree or snag by hand to expose the cavity
and opening doors/windows on structures, or creating openings in walls to allow light into
the structures. Removal of any trees or snags and disturbance of any structures will be
conducted no earlier than the following day (i.e., at least one night will be provided
between initial roost eviction disturbance and tree removal/structure disturbance). This
action will allow bats to leave during dark hours, which increases their chance of finding
new roosts with a minimum of potential predation.
18. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within a 50-
meter radius of the find will be halted, the Community Development Director will be
notified, and an archaeologist will be retained to examine the find and make
appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be notified. The
Coroner will determine whether or not the remains are Native American. If the
Coroner determines the remains are not subject to his authority, he will notify the
Native American Heritage Commission, who shall attempt to identify descendants of
the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not a
significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are
accepted. Provisions for identifying descendants of a deceased Native American and
for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If
the site is found to be a significant archaeological site, a mitigation program will be
prepared and submitted to the Community Development Director for consideration
and approval, in conformance with the protocol set forth in Public Resources Code
Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant
archaeological site, and/or when Native American remains are found on the site. The
final report will include background information on the completed work, a description
and list of identified resources, the disposition and curation of these resources, any
testing, other recovered information, and conclusions.
19. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures
to minimize impacts on woodrats and active woodrat nests on the project site.
a. PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction
survey for San Francisco dusky-footed woodrat nests within 30 days of the start of
work activities. If active woodrat nests are determined to be present in, or within 10
feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will
be implemented, as appropriate. If no active woodrat nests are present on or within
10 feet of impact areas, no further conditions are warranted.
b. AVOIDANCE. Active woodrat nests that are detected within the work area will be
avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained
between project activities and woodrat nests to avoid disturbance. In some situations,
a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation
(below) would represent a greater disturbance to the woodrats than the adjacent
work activities.
c. NEST RELOCATION. If avoidance of active woodrat nests within and immediately
adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will
be relocated to suitable habitat as close to the project site as possible (ideally, within
or immediately adjacent to the project site).
Relocation efforts will avoid the peak nesting season (February-July) to the maximum
extent feasible. Prior to the start of construction activities, a qualified biologist will
disturb the woodrat nest to the degree that all woodrats leave the nest and seek
refuge outside of the construction area. Disturbance of the woodrat nest will be
initiated no earlier than one hour before dusk to prevent the exposure of woodrats to
diurnal predators. Subsequently, the biologist will dismantle and relocate the nest
material by hand. During the deconstruction process, the biologist will attempt to
assess if there are juveniles in the nest. If immobile juveniles are observed, the
deconstruction process will be discontinued until a time when the biologist believes
the juveniles will be capable of independent survival (typically after 2 to 3 weeks). A
no-disturbance buffer will be established around the nest until the juveniles are
mobile. The nest may be dismantled once the biologist has determined that adverse
impacts on the juveniles would not occur.
20. 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.
21. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
22. PERMITS REQUIRED:
a. A Building Permit is required for the renovation and construction of the single-family
residence and attached garage.
b. Additional Building Permits will be required for retaining walls that are not part of a
building foundation and that support a surcharge.
c. A separate Building Permit will be required for the PV System and must be finaled
prior to the issuance of Certificate of Occupancy.
23. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California
Code of Regulations Title 24, Parts 1-12, including locally adopted Reach Codes.
24. CONDITIONS OF APPROVAL: The Conditions of Approval must be included on plan sheets
within 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.
25. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
26. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
27. 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.
28. 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.
29. 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
30. 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.
31. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing,
no more than 1 inch out of plane with the immediate interior floor level and with an
18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
32. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.40.020. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
33. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
34. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R337 of the 2022 California Residential Code,
Public Resources Code 4291 and California Government Code Section 51182.
a. Provide defensible space/fire break landscaping plan prepared by a California licensed
Landscape Architect in conformance with California Public Resources Code 4291 and
California Government Code Section 51182.
b. Prior to final inspection, provide a letter from a California licensed Landscape Architect
certifying the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code
Section 51182.
35. 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.
36. 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. The specification sheet is available online at
www.losgatosca.gov/building.
37. 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
38. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the
end of the day. Dirt and debris shall not be washed into storm drainage facilities. The
storing of goods and materials on the sidewalk and/or the street will not be allowed
unless an encroachment permit is issued by the Engineering Division of the Parks and
Public Works Department. The Owner’s representative in charge shall be at the job site
during all working hours. Failure to maintain the public right-of-way according to this
condition may result in the issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Owner’s expense.
39. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Or hand deliver/drop off payment in engineering lock box
Checks made out to “Town of Los Gatos” and should mention address and application
number on memo/note line.
40. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer.
41. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1
(Construction Plan Requirements) of the Town’s Engineering Design Standards, which are
available for download from the Town’s website.
42. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or
occupancy of any non-residential condominium space, the buyer or the new or existing
occupant shall apply to the Community Development Department and obtain approval for
use determination and building permit and obtain inspection approval for any necessary
work to establish the use and/or occupancy consistent with that intended.
43. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the
Town on a yearly basis. In addition to general coverage, the policy must cover all elements
encroaching into the Town’s right-of-way.
44. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their
representative shall notify the Engineering Inspector at least twenty-four (24) hours before
starting any work pertaining to on-site drainage facilities, grading or paving, and all work in
the Town's right-of-way. Failure to do so will result in penalties and rejection of any work
that occurred without inspection.
45. FENCES: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080. Fences between all adjacent parcels will need
to be located on the property lines/boundary lines. Any existing fences that encroach into
the neighbor’s property will need to be removed and replaced to the correct location of the
boundary lines before a Certificate of Occupancy for any new building can be issued.
Waiver of this condition will require signed and notarized letters from all affected neighbors
46. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or
their representative shall repair or replace all existing improvements not designated for
removal that are damaged or removed because of the Owner, Applicant and/or Developer
or their representative's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti,
etc. Any concrete identified that is displaying a stamp or equal shall be removed and
replaced at the Contractor’s sole expense and no additional compensation shall be allowed
therefore. Existing improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector and shall comply with all Title 24 Disabled Access
provisions. The restoration of all improvements identified by the Engineering Construction
Inspector shall be completed before the issuance of a certificate of occupancy. The Owner,
Applicant and/or Developer or their representative shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
47. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Engineering Division of the Parks and Public Works Department prior to the
commencement of plan check review.
48. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
49. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
permits or recordation of maps.
50. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The Owner’s
project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours
in advance of all the proposed changes. Any approved changes shall be incorporated into
the final “as-built” plans.
51. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Owner, Applicant and/or Developer.
52. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: All grading work
taking place with this application and related applications/projects within a two-year time
period are considered eligible for the grading permit process and will be counted toward
the quantities used in determining grading permit requirements. In the event that, during
the production of construction drawings and/or during construction of the plans approved
with this application by the Town of Los Gatos, it is determined that a grading permit would
be required as described in Chapter 12, Article II (Grading Permit) of the Town Code of the
Town of Los Gatos, an Architecture and Site Application would need to be submitted by the
Owner for review and approval by the Development Review Committee prior to applying
for a grading permit.
53. GRADING: Any grading work, cut/fill, earthwork or combination thereof (completed or
proposed on submitted plans) on the parcel over the upcoming two-year period are
combined with regards to grading permit thresholds. This also applies to adjacent parcels
with identical owners, applicants and or developers.
54. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work
unlawfully completed shall be charged double the current fee. As a result, the required
grading permit fees associated with an application for grading will be charged accordingly.
55. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present
and in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three (3) times daily,
or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration
of the project. Watering on public streets shall not occur. Streets shall be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once
a day. Watering associated with on-site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the workweek to
the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind
speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling
soil, sand, or other loose debris shall be covered. For sites greater than four (4) acres in
area:
a. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand, etc.).
b. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour.
c. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
d. Replant vegetation in disturbed areas as quickly as possible.
e. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more).
56. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
57. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
58. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
59. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner’s representative
in charge shall be at the job site during all working hours. Failure to maintain the public
right-of-way according to this condition may result in penalties and/or the Town performing
the required maintenance at the Owner’s expense
60. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following
measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
61. CONSTRUCTION HOURS: All improvements and construction activities, including the
delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited
to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The
Town may authorize, on a case-by-case basis, alternate construction hours. The Owner,
Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance
of modified construction hours. Approval of this request is at discretion of the Town.
62. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00
a.m. to 4:00 p.m. Saturdays, construction, alteration or repair activities shall be allowed.
No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA
at twenty-five (25) feet from the source. If the device is located within a structure on the
property, the measurement shall be made at distances as close to twenty-five (25) feet from
the device as possible. The noise level at any point outside of the property plane shall not
exceed eighty-five (85) dBA.
63. DELAYED/DEFERRED REPORTS AND REVIEWS: TLGPPW strongly recommend that reports
requiring a peer review be submitted and completed prior to committee approval/building
permit stage. Note that these reviews may require a design change by the applicant and/or
additional studies. Applicants who chose to defer assume risk that required changes may
send project back to planning stage.
64. WATER METER: Water meters currently in public right-of-way shall be relocated within the
property in question, within 30” of the property line / the public right-of-way line. The
Owner, Applicant and/or Developer shall repair and replace to existing Town standards any
portion of concrete flatwork within said right-of-way that is damaged during this activity
prior to issuance of a certificate of occupancy.
65. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts currently in public right-of-way
shall be relocated within the property in question, within one (1) foot of the property line
per West Valley Sanitation District Standard Drawing 3, or at a location specified by the
Town. The Owner, Applicant and/or Developer shall repair and replace to existing Town
standards any portion of concrete flatwork within said right-of-way that is damaged during
this activity prior to issuance of a certificate of occupancy.
66. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the
commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, setup a pre-construction meeting
with Eric Christianson, Senior Public Works Inspector echristianson@losgatosca.gov (408)
354-6824 to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencing any work, and that a copy of the
project conditions of approval will be posted on-site at all times during construction.
67. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of-
way will only be allowed if it does not cause access or safety problems as determined by
the Town.
68. PRIVATE UTILITIES: Private utilities in town right of way is prohibited and should be located
on parcel which it serves, unless otherwise allowed via easement.
69. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of a grading/building permit the
Owner shall pay the project's proportional share of transportation improvements needed
to serve cumulative development within the Town of Los Gatos. The fee amount will be
based upon the Town Council resolution in effect at the time the building permit is issued.
The amount based on the current resolution is $10,421.76. The fee shall be paid before
issuance of any grading or building permit. The final traffic impact mitigation fee for this
project shall be calculated from the final plans using the current fee schedule and rate
schedule in effect at the time, using a comparison between the existing and proposed uses
70. GRADING PERMIT REQUIRED: A grading permit is required for all site grading and drainage
work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los
Gatos (Grading Ordinance). All grading work taking place with this application and related
applications /projects within a two year time period are considered eligible for the grading
permit process and will be counted toward the quantities used in determining grading
permit requirements. After the preceding Architecture and Site Application has been
approved by the respective deciding body and the appeal period has passed, the grading
permit application with grading plans and associated required materials shall be submitted
via email to the PPW engineer assigned to the A&S review. Plan check fees (determined
after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works
Department located at 41 Miles Avenue. Unless specifically allowed by the Director of Parks
and Public Works, the grading permit will be issued concurrently with the building permit.
The grading permit is for work outside the building footprint(s). Prior to Engineering signing
off and closing out on the issued grading permit, the Owner’s soils engineer shall verify,
with a stamped and signed letter, that the grading activities were completed per plans and
per the requirements as noted in the soils report. A separate building permit, issued by the
Building Department, located at 110 E. Main Street, is needed for grading within the
building footprint.
71. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after/occur during the rainy season, as
defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15).
72. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading
activities and operations shall be in compliance with Section III of the Town’s Hillside
Development Standards and Guidelines. All development shall be in compliance with
Section II of the Town’s Hillside Development Standards and Guidelines.
73. DRIVEWAY: The driveway conform to existing pavement on Harwood Court shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
The Owner, Applicant and/or Developer shall install a Town standard residential driveway
approach. The new driveway approach(es) shall be constructed per Town Standard Plans
and must be completed and accepted by the Town before a Certificate of Occupancy for
any new building can be issued. New concrete shall be free of stamps, logos, names, graffiti,
etc. Any concrete identified that is displaying a stamp or equal shall be removed and
replaced at the Contractor’s sole expense and no additional compensation shall be allowed
therefore.
74. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During
construction, all excavations and grading shall be inspected by the Owner’s soils engineer
prior to placement of concrete and/or backfill so they can verify that the actual conditions
are as anticipated in the design-level geotechnical report and recommend appropriate
changes in the recommendations contained in the report, if necessary. The results of the
construction observation and testing shall be documented in an “as-built” letter/report
prepared by the Owner’s soils engineer and submitted to the Town before a certificate of
occupancy is granted.
75. GEOTECHNICAL/GEOLOGICAL RECOMMENDATIONS: The project shall incorporate the
geotechnical/geological recommendations contained in the project’s design-level
geotechnical/geological investigation as prepared by the Owner’s engineer(s), and any
subsequently required report or addendum. Subsequent reports or addendum are subject
to peer review by the Town’s consultant and costs shall be borne by the Owner, Applicant
and/or Developer.
76. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town’s right-of-way have been
completed and approved by the Town.
77. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or
temporarily removed utility services, including telephone, electric power and all other
communications lines underground, as required by Town Code Section 27.50.015(b). All
new utility services shall be placed underground. Underground conduit shall be provided
for cable television service. The Owner, Applicant and/or Developer is required to obtain
approval of all proposed utility alignments from any and all utility service providers before
a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does
not approve or imply approval for final alignment or design of these facilities.
78. ON-SITE/OFF-SITE PARKING: Parking spaces shall be paved with a compacted base not less
than four (4) inches thick, surfaced with asphaltic concrete or Portland cement concrete
pavement or other surfacing (e.g.: permeable paving materials, interlocking pavers and
ribbon strip driveways) approved by the Town Engineer.
Mike Vroman, Senior Traffic Engineer MVroman@losgatosca.gov (408) 399-5777.
79. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of a grading or building permit, the Owner and/or Applicant or their
representative shall work with the Town Building Department and Engineering Division
Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under
periods when soil is hauled on or off the project site. This may include, but is not limited to
provisions for the Owner and/or Applicant to place construction notification signs noting
the dates and time of construction and hauling activities, or providing additional traffic
control. Coordination with other significant projects in the area may also be required.
Cover all trucks hauling soil, sand and other loose debris.
80. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary
Sewer Clean-out is required for each property at the property line, within one (1) foot of
the property line per West Valley Sanitation District Standard Drawing 3, or at a location
specified by the Town.
81. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is
responsible for ensuring that all contractors are aware of all storm water quality measures
and that such measures are implemented. Best Management Practices (BMPs) shall be
maintained and be placed for all areas that have been graded or disturbed and for all
material, equipment and/or operations that need protection. Removal of BMPs (temporary
removal during construction activities) shall be replaced at the end of each working day.
Failure to comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
82. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous
domestic waste materials to be deposited in such a manner or location as to constitute a
threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful
discharges to storm drains include, but are not limited to: discharges from toilets, sinks,
industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or vehicle
cleaning.
83. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted
to the Engineering Division of the Parks and Public Works Department. A maximum of two
(2) weeks is allowed between clearing of an area and stabilizing/building on an area if
grading is allowed during the rainy season. Interim erosion control measures, to be carried
out during construction and before installation of the final landscaping, shall be included.
Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls
(with locations and details), erosion control blankets, Town standard seeding specification,
filter berms, check dams, retention basins, etc. Provide erosion control measures as needed
to protect downstream water quality during winter months. The Town of Los Gatos
Engineering Division of the Parks and Public Works Department and the Building
Department will conduct periodic NPDES inspections of the site throughout the recognized
storm season to verify compliance with the Construction General Permit and Stormwater
ordinances and regulations.
84. 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:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day, or otherwise kept dust-free.
• All haul trucks designated for removal of excavated soil and demolition debris from site
shall be staged off-site until materials are ready for immediate loading and removal
from site.
• All haul trucks transporting soil, sand, debris, or other loose material off-site shall be
covered.
• As practicable, all haul trucks and other large construction equipment shall be staged in
areas away from the adjacent residential homes.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day, or as deemed appropriate by
Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out
control device is also recommended to minimize mud and dirt-track-out onto adjacent
public roads.
• All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
• All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders
are used.
• Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within forty-eight (48) hours. The Air District’s phone number shall also be visible to
ensure compliance with applicable regulations. Please provide the BAAQMD’s
complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR (6367).
• All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed twenty (20) miles per hour.
• Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
85. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to public
storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay”
NPDES required language. On-site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include
storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to
vegetated areas and use of permeable surfaces.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
86. 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.
87. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) Approved automatic sprinkler
systems in new and existing buildings and structures shall be provided in the locations
described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more
restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section,
firewalls and fire barriers used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations.
88. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is
875 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes
installation of automatic fire sprinklers per CFC [903.3.1.3]
89. WATER SUPPLY REQUIREMENTs: (As Noted on Sheet A1) Potable water supplies shall be
protected from contamination caused by fire protection water supplies. It is the
responsibility of the applicant and any contractors and subcontractors to contact the
water purveyor supplying the site of such project, and to comply with the requirements of
that purveyor. Such requirements shall be incorporated into the design of any water-
based fire protection systems, and/or fire suppression water supply systems or storage
containers that may be physically connected in any manner to an appliance capable of
causing contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health
and Safety Code 13114.7.
90. ADDRESS IDENTIFICATION: (As Noted on Sheet A1) New and existing buildings shall have
approved address numbers, building numbers or approved building identification placed
in a position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Where required by the fire
code official, address numbers shall be provided in additional approved locations to
facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke
width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole or other sign or means shall be
used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
91. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A1) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
92. 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].
This Page
Intentionally
Left Blank