Exhibit 9 - Draft Revised Conditions of Approval
PLANNING COMMISSION – April 9, 2025
CONDITIONS OF APPROVAL
15411 National Avenue
Architecture and Site Application S-23-033
Consider a Request for Approval to Construct a Single-Family Residence and Site
Improvements Requiring a Grading Permit on a Vacant Property Zoned R-1:8. APN
424-12-140. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New
Construction.
Property Owner: Vyankatesh and Rammy Muddada.
Applicant: Jose Rama.
Project Planner: Erin Walters.
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC, or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. 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
must be landscaped.
10. PRIVACY TREE PLANTING: Prior to obtaining a building final/Certificate of Occupancy, the
EXHIBIT 9
property owner shall plant five 24-inch box Pittosporum tenuifolium 'Silver Sheen' along
the northern fence line per approved development plans to address privacy between the
properties and that the species is non-allergenic for the neighbor. The privacy screening
must be maintained by the property owner in perpetuity. Should any of these trees fail,
they shall be replaced.
11. OBSCURE PRIVACY WINDOWS: The second-story windows located on the northern
elevation and the second-story bedroom window on the rear elevation shall have obscure
glass to provide privacy between properties per approved development plans. Privacy film
shall not be used.
12. 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.
13. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project
identification signage on the project site shall be removed within 30 days of approval of
the Architecture & Site application.
14. 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.
15. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
16. PERMITS REQUIRED: A Building Permit is required for the construction of the new single-
family residence and attached garage. An additional Building Permit will be required for
the PV System that is required by the California Energy Code.
17. 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.
18. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval
will be addressed.
19. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
20. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
21. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official,
containing foundation, and retaining wall design recommendations, shall be submitted
with the Building Permit Application. This report shall be prepared by a licensed Civil
Engineer specializing in soils mechanics.
22. 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.
23. 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: Building pad elevation
a. Finish floor elevation
b. Foundation corner locations
c. Retaining wall(s) locations and elevations
24. 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.
25. 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.
26. 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.
27. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
28. 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.
29. 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.
30. 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
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
41. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
permits or recordation of maps.
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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).
48. 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.
49. 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.
50. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
51. 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
52. 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.
53. 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.
54. 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.
55. 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.
56. 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.
57. 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.
58. 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.
59. 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.
60. FOR PLANTERS: The Owner, Applicant and/or Developer shall apply for an encroachment
permit for the proposed planters within the public sidewalk and/or Town’s right-of-
way. The Owner, Applicant and/or Developer shall work with Parks and Public Works
Department staff to arrive at a mutually agreeable solution that addresses safety and
aesthetic issues. If no solution is reached, the vegetative screening requirement shall be
waived. A Private Improvements in the Public Right-of-Way (formerly Indemnity)
Agreement will be required if planters are proposed to be located within the Town’s right-
of-way. A copy of the recorded agreement shall be submitted to the Engineering Division
of the Parks and Public Works Department prior to the issuance of any grading or building
permits.
61. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The
property owner shall enter into an agreement with the Town for all existing and proposed
private improvements within the Town’s right-of-way. The Owner shall be solely
responsible for maintaining the improvements in a good and safe condition at all times and
shall indemnify the Town of Los Gatos. The agreement must be completed and accepted
by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at
the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or
building permits.
62. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or
sidewalk requires an encroachment permit. Special provisions such as limitations on works
hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
63. GRADING PERMIT: A grading permit is required for all site grading and drainage work except
for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading
Ordinance). 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.
64. SECURITY OF PERFORMANCE: Prior to approval of the grading permit, the applicant shall
provide security for the performance of the work described and delineated on the approved
grading plans, encroachment plans and or public improvement plans. The form of security
shall be one (1) or a combination of the following to be determined by the Town Engineer
and subject to the approval of the Town Attorney
• Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form
approved by the Town.
• Deposit, with the Town, money, negotiable bonds of the kind approved for securing
deposits of public monies, or other instrument of credit from one (1) or more financial
institutions subject to regulation by the State or Federal Government wherein such
financial institution pledges funds are on deposit and guaranteed for payment.
65. DRIVEWAY: The driveway conform to existing pavement on National Avenue shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
The Owner, Applicant and/or Developer shall install a Town standard residential driveway
approach. The new driveway approach shall be constructed per Town Standard Plans and
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued. New concrete shall be free of stamps, logos, names, graffiti,
etc. Any concrete identified that is displaying a stamp or equal shall be removed and
replaced at the Contractor’s sole expense and no additional compensation shall be allowed
therefore.
66. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be
the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all
proposed or required easements and/or permissions necessary to perform the grading
herein proposed. Proof of agreement/approval is required prior to the issuance of any
Permit.
67. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: a drainage
study of the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that the proposed
drainage patterns will not overload the existing storm drain facilities; and detailed drainage
studies indicating how the project grading, in conjunction with the drainage conveyance
systems (including applicable swales, channels, street flows, catch basins, storm drains, and
flood water retarding) will allow building pads to be safe from inundation from rainfall
runoff which may be expected from all storms up to and including the theoretical 100-year
flood.
68. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a building permit. An arborist report may be necessary. Please contact Tammy
Robnett-Illges, Engineering Administrative Assistant trobnett-illges@losgatosca.gov (408)
399-5771 for more information.
69. DEDICATIONS: The following shall be dedicated by separate instrument. The dedications
shall be recorded before any grading or building permits are issued:
a. A 10-foot street right-of-way shall be dedicated in fee.
b. A 5-foot Public Service Easement.
70. DEMOLITION: Within 60-days of the Development Review Committee approval action being
final (i.e. after the 10-day appeal period and no requested appeals being submitted to the
Town), the Property Owner shall record a Deed Restriction on each of the number (#)
parcels in question which prohibits the recording of a Certificate of Compliance until one
of the two (2) prerequisite actions occurs prior to the proposed recordation: 1) removal of
any structures which cross lot/property lines or 2) the Property Owner successfully
obtaining an Architecture & Site approval from the Town of Los Gatos for the demolition of
the existing house and construction of a replacement house.
71. IMPROVEMENT AGREEMENT: The Owner, Applicant and/or Developer shall enter into an
agreement to construct public improvements in accordance with Town Code Section
24.40.020. The Owner, Applicant and/or Developer shall supply suitable securities for all
public improvements that are part of the development in a form acceptable to the Town in
the amount of 100% performance and 100% labor and materials prior to the issuance of
any encroachment, grading or building permit. The Owner, Applicant and/or Developer
shall provide two (2) copies of documents verifying the cost of the public improvements to
the satisfaction of the Engineering Division of the Parks and Public Works Department. An
electronic copy (PDF) of the executed agreement shall be submitted to the Engineering
Division of the Parks and Public Works Department prior to the issuance of any
encroachment, grading or building permit.
72. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior
to recordation of a map. The joint trench plans shall include street and/or site lighting and
associated photometrics. A letter shall be provided by PG&E stating that public street light
billing will by Rule LS2A, and that private lights shall be metered with billing to the
homeowners’ association. Pole numbers, assigned by PG&E, shall be clearly delineated on
the plans.
73. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Owner
and/or Applicant. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of any grading or
building permits or the recordation of a map. The improvements must be completed and
accepted by the Town before a Certificate of Occupancy for any new building can be issued.
a. National Avenue: New curb, gutter, sidewalk, streetlights, tie-in paving, signing,
striping, utility pole relocation, as required.
b. National Ave: 2” overlay from the centerline to the edge of pavement, or alternative
pavement restoration measure as approved by the Town Engineer.
74. 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.
75. FRONTAGE IMPROVEMENTS: The Owner and/or Applicant shall be required to improve the
project’s public frontage (right-of-way line to centerline and/or to limits per the direction
of the Town Engineer) to current Town Standards. These improvements may include but
not limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs, pavement,
raised pavement markers, thermoplastic pavement markings, storm drain facilities, traffic
signal(s), street lighting (upgrade and/or repaint) etc. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
76. PARKING LOTS: Parking lots 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 amount of impervious area associated with parking lots shall be minimized by
utilizing design features such as providing compact car spaces, reducing stall dimensions,
incorporating efficient parking lanes, using permeable pavement where feasible, and
adhering to the Town’s Parking Development Standards. The use of permeable paving for
parking surfaces is encouraged to reduce runoff from the site. Such paving shall meet Santa
Clara County Fire Department requirements and be structurally appropriate for the
location.
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. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed subject
to the following requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used.
c. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift shall
be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of three-
quarter (¾) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend five (5) feet beyond the longitudinal limits
of trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion of
slurry seal operations. All pavement restorations shall be completed and approved by
the Inspector before occupancy.
79. VALLEY GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing Town
standards any valley gutter damaged now or during construction of this project. All new
and existing adjacent infrastructure must meet Town standards. New valley gutter shall be
constructed per Town Standard Details. New concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. The limits of valley gutter repair will be determined by the Engineering
Construction Inspector during the construction phase of the project. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued.
80. BICYCLE FACILITIES: Bicycle facilities including, but may not be limited to, bike lanes and
bike boxes will be provided in all directions and approaches of improved streets and
intersections as directed by Town Engineer.
81. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s traffic impact policy. Applicant can receive proposals from
vendors through the Town or submit studies from other consultants and pay for peer
review. For more information please contact Mike Vroman, Senior Traffic Engineer
MVroman@losgatosca.gov (408) 399-5777.
82. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building or grading
permits, 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 $10,457.76.
83. 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.
84. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’s design consultant shall submit a
construction management plan sheet (full-size) within the plan set that shall incorporate at
a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security
fencing, employee parking, construction staging area, materials storage area(s),
construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer
to the Town’s Construction Management Plan Guidelines document for additional
information.
85. NPDES STORMWATER COMPLIANCE: In the event that, during the production of
construction drawings for the plans approved with this application by the Town of Los
Gatos, it is determined that the project will create and/or replace more than 2,500 square
feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects
Worksheet and implementation of at least one of the six low impact development site
design measures it specifies shall be completed and submitted to the Engineering Division
before issuance of a grading/building permit.
86. 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.
87. 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.
88. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. On-site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include
storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to
vegetated areas and use of permeable surfaces. If stormwater treatment facilities are to
be used they shall be placed a minimum of ten (10) feet from the adjacent property line
and/or right-of-way. Alternatively, the facility(ies) may be located with an offset between
5 and 10 feet from the adjacent property and/or right-of-way line(s) if the responsible
engineer in charge provides a stamped and signed letter that addresses infiltration and
states how facilities, improvements and infrastructure within the Town’s right-of-way
(driveway approach, curb and gutter, etc.) and/or the adjacent property will not be
adversely affected. No improvements shall obstruct or divert runoff to the detriment of an
adjacent, downstream or down slope property.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
89. GENERAL REVIEW: 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.
90. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet CS) Approved automatic sprinkler
systems in new and existing buildings and structures shall be provided in the locations
described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more
restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section,
firewalls and fire barriers used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations. 1. An automatic sprinkler system shall be provided throughout all new
buildings and structures, other than Group R occupancies, except as follows: a. Buildings
and structures not located in any Wildland-Urban Interface and not exceeding 1,200
square feet of fire area. b. Buildings and structures located in any Wildland-Urban
Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S-2 or U
occupancies, including photovoltaic support structures, used exclusively for vehicle
parking which meet all of the following: i. Noncombustible construction. ii. Maximum
5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor
75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or
similar structures, unless area is separated by fire walls complying.
91. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
92. 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.
93. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
94. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED: An access driveway shall be
provided having an all-weather surface of either asphalt, concrete or other engineered
surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall
have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches,
minimum turning radius of 40 feet outside, and a maximum slope of 15%. Installations
shall conform to Fire Department Standard Details and Specifications sheet D-1.
95. 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]