2025-038 - APPROVING ARCHITECTURE AND SITE APPLICATION S-24-015, CONDITIONAL USE PERMIT U-24-006, AND VESTING TENTATIVE MAP APPLICATION M-24-006 FOR A REQUEST TO DEMOLISH EXISTING COMMERCIAL STRUCTURES, CONSTRUCT A MULTI-FAMILY LIVE/WORK DEVELO RESOLUTION 2025-038
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING ARCHITECTURE AND SITE APPLICATION S-24-015,
CONDITIONAL USE PERMIT U-24-006,AND
VESTING TENTATIVE MAP APPLICATION M-24-006
FOR A REQUEST TO DEMOLISH EXISTING COMMERCIAL STRUCTURES,
CONSTRUCT A MULTI-FAMILY LIVE/WORK DEVELOPMENT (55 UNITS),
A CONDITIONAL USE PERMIT FOR A LIVE/WORK DEVELOPMENT,
A CONDOMINIMUM VESTING TENTATIVE MAP,SITE IMPROVEMENTS REQUIRING A
GRADING PERMIT,AND REMOVAL OF LARGE PROTECTED TREES UNDER SENATE
BILL 330 (SB 330) ON PROPERTY ZONED CH:HEOZ.
PROPERTY LOCATION: 15349-15367 LOS GATOS BOULEVARD
APNS: 424-19-048 AND 424-19-049
ARCHITECTURE AND SITE APPLICATION: S-24-015
CONDITIONAL USE PERMIT APPLICATION: U-24-006
SUBDIVISION APPLICATION: M-24-008
PROPERTY OWNER: JOHNATHAN PECK
APPLICANT: CITY VENTURES
WHEREAS,the applicant, City Ventures, proposes to demolish existing commercial
structures, construct a multi-family live/work development (55 multi-family residential units),
Conditional Use Permit for a live/work development, condominium vesting tentative map, site
improvements requiring a Grading Permit, and remove large protected trees under Senate Bill
330 (SB 330);
WHEREAS,the project includes an Architecture and Site Application (S-24-015),
Conditional Use Permit Application (U-24-006), and Vesting Tentative Map Application (M-24-
006);
WHEREAS, on April 23, 2025, the Planning Commission held a public hearing and
received testimony from the applicant and all interested persons who wished to testify or
submit documents. The Planning Commission considered all testimony and materials
submitted, including the packet of materials contained in the Planning Commission Agenda
Report for their meeting on April 23, 2025, along with any and all subsequent reports and
materials prepared concerning this application, and forwarded a recommendation of approval
to the Town Council with the recommendation that the applicant work with staff to consider
compliance with the recommendations of the Town's Consulting Architect and an adjunct
recommendation that the Town Council direct staff to develop a method to study the
cumulative impacts of all SB 330 projects, including this project;
WHEREAS,this matter came before the Town Council for public hearing on June 3, 2025,
and was regularly noticed in conformance with state and Town law;
WHEREAS, on June 3, 2025,the Town Council held a public hearing and received
1 of 8
Resolution 2025-038 Adoption Date:June 3,2025
testimony from the applicant and all interested persons who wished to testify or submit
documents. The Town Council considered all testimony and materials submitted, including the
record of the Planning Commission proceedings and the packet of materials contained in the
Council Agenda Report for their meeting on June 3, 2025, along with any and all subsequent
reports and materials prepared concerning this application; and
WHEREAS,the Town Council was able to make the findings required to approve the
Architecture and Site, Conditional Use Permit, and Subdivision applications.
NOW,THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos
does the following:
1. The following findings are made by the Town Council of the Town of Los Gatos. The
facts and evidence that support these findings are contained and explained in the
record of proceedings for the proposed project, including without limitation the
Initial Study and the staff reports for the Planning Commission and Town Council
hearings.
(A) Finding required for the California Environmental Quality Act (CEQA):
(1) Additional environmental review of the proposed project is not required
pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168:
Program EIR, since the proposed project's environmental impacts were
adequately addressed in the 2020 General Plan EIR and/or 2040 General Plan
EIR, as applicable. The proposed project is consistent with the development
density established by the Housing Element Overlay Zone (HEOZ), which was
included in the 2040 General Plan Environmental Impact Report (EIR) that
was certified by the Town. CEQA Guidelines Section 15168 provides that a
programmatic EIR, in this case the 2040 General Plan EIR, may serve as the
EIR for subsequent activities or implementing actions, provided that it
contemplates and adequately analyzes the potential environmental impacts
of those subsequent activities.
In accordance with Sections 15168(c)(2) and 15168(c)(4) of the CEQA
Guidelines, a Modified Initial Study Checklist was prepared to provide
project-level consideration of potential new or more severe significant
impacts associated with the proposed project to determine whether the
project: 1) is within the scope of activities evaluated in the 2040 General Plan
EIR; and 2) would not trigger any of the criteria in CEQA Guidelines Section
15162. The Modified Initial Study Checklist determined that the project's
environmental impacts have been considered in the 2040 General Plan EIR
that was certified by the Town, which remains relevant, and the conditions
set forth in Section 15162 are not triggered by the proposed project. In
addition,the analysis determined that the proposed project is within the
scope of activities evaluated in the 2040 General Plan EIR and the
2 of 8
Resolution 2025-038 Adoption Date:June 3,2025
Environmental Analysis for the 6th Cycle Housing Element. As such, the
Modified Initial Study Checklist is the appropriate environmental document
for the proposed project, pursuant to CEQA Guidelines Section 15168 and no
additional environmental review is necessary.
(2) Regarding impacts that are not peculiar to the parcel or to the proposed
project,that have been addressed as a significant effect in the prior EIRs, or
that can be substantially mitigated by the imposition of uniformly applied
development policies or standards, an additional EIR need not be prepared
for the proposed project solely on the basis of such impacts.
(3) Applicable feasible mitigation measures specified in the Mitigation
Monitoring and Reporting Programs (MMRP)for the 2020 General Plan EIR
and/or the 2040 General Plan EIR, as applicable, will be imposed on the
project through the Conditions of Approval.
(B) Finding required for consistency with the Town's Applicable General Plan:
Pursuant to SB 330, the Town's General Plan applicable to the proposed project
consists of the 2020 General Plan Land Use and Community Design Elements and
the 2040 General Plan excluding those two Elements, all as in effect on the date
the applicant submitted its SB 330 preliminary application. The applicable
General Plan Land Use Element designates the project site as Mixed Use
Commercial, which permits a residential use in a mixed use project. The
applicant proposes a multi-family live/work development, which is a type of
mixed-use residential development and is consistent with the Town's applicable
General Plan.
(C) Findings required to deny a Subdivision application:
As required by Section 66474 (a)through (g) of the State Subdivision Map Act,
the map shall be denied if any of the findings listed in that Section are made.
None of the findings could be made to deny the application.
Instead,the Town Council makes the following affirmative findings:
• That the proposed map is consistent with all elements of the applicable
General Plans.
• That the design and improvement of the proposed subdivision is consistent
with all elements of the applicable General Plans.
• That the site is physically suitable for the type of development.
• That the site is physically suitable for the proposed density of development.
• That the design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage nor substantially and
avoidably injure fish or wildlife or their habitat.
• That the design of the subdivision and type of improvements is not likely to
cause serious public health problems.
3 of 8
Resolution 2025-038 Adoption Date:June 3, 2025
• That the design of the subdivision and the type of improvements will not
conflict with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision.
(D) Findings required by Section 29.20.190 of the Town Code for granting a
Conditional Use Permit:
The Town Council, on the basis of the evidence submitted at the hearing, grants
the conditional use permit as specifically authorized by the provisions of the
Town Code,finding that:
(1) The proposed use is desirable to the public convenience because it provides
additional residential dwelling units and live/work opportunities in the Town;
(2) The proposed use would not impair the integrity of the zone, in that the
proposed use is allowed in the CH zone with approval of a Conditional Use
Permit;
(3) The proposed use would not be detrimental to public health, safety, or
general welfare, as the conditions placed on the permit and existing
regulations would maintain the welfare of the community; and
(4) The proposed use is in conformance with the Town Code and applicable
General Plans.
(E) Findings required for compliance with the Zoning Regulations:
The project meets the objective standards of Chapter 29 of the Town Code
(Zoning Regulations) with the concession and waivers requested pursuant to
State Density Bonus Law.
(F) Findings required for compliance with the Town of Los Gatos Objective Design
Standards for Qualifying Multi-Family and Mixed-Use Residential Development:
The project meets the Town of Los Gatos Objective Design Standards for
Qualifying Multi-Family and Mixed-Use Residential Development with the
waivers requested pursuant to State Density Bonus Law.
(G) Findings required for granting a concession or incentive and waivers pursuant to
State Density Bonus Law:
(1) Government Code Section 65915 Findings for Denial of a Requested
Concession(s) or incentive(s):
(a) The Town shall grant concession(s) or incentive(s) requested by the
applicant unless the Town makes a written finding, based upon
substantial evidence, of any of the following:
4 of 8
Resolution 2025-038 Adoption Date:June 3,2025
(i) The concession or incentive does not result in identifiable and actual
cost reductions, consistent with subdivision (k), to provide for
affordable housing costs, as defined in Section 50052.5 of the Health
and Safety Code, or for rents for the targeted units to be set as
specified in subdivision (c).
(ii) The concession or incentive would have a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon public health and safety or on any real property that is listed in
the California Register of Historical Resources and for which there is
no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact without rendering the development unaffordable to
low-income and moderate-income households.
(iii)The concession or incentive would be contrary to state or federal
law.
(iv)The Town makes none of the above findings and therefore grants
the requested concession.
(2) Government Code Section 65915(a)(2) Findings for Denial of Requested
Waivers:
(a) The Town shall grant waivers to the Town's development standards
requested by the applicant unless the Town makes a written finding,
based upon substantial evidence,that the development standard for
which the waiver is requested would not physically preclude the
construction of the development at the densities and with the
concession permitted through Density Bonus Law.
(b) The Town does not make the above finding and therefore grants the
requested waivers.
(H) Findings required for consistency with California Government Code Section
65863 regarding state RHNA requirements, the Town's Housing Element Sites
Inventory, and No Net Loss Law:
As required for approval of a development of any parcel with fewer units by
income category than was identified in the Town's Housing Element for that
parcel:
(1) The project provides fewer Very Low, Low, and Moderate Income units than
anticipated in the Housing Element Sites Inventory, but more Above
Moderate Income units, producing a net cumulative surplus of nine units for
the site. Nonetheless,the project allows the Town to maintain positive
surplus capacity in its Housing Element overall and in each income category.
The remaining capacity of the Housing Element is adequate to meet the
requirements of Section 65583.2 and to accommodate the Town's share of
the regional housing needs assessment (RHNA) pursuant to Section 65584.
5 of 8
Resolution 2025-038 Adoption Date:June 3,2025
As required by Government Code Section 65863, the following No Net Loss
findings are made:
(a) Remaining sites identified in the Housing Element are adequate to meet
the Town's remaining RHNA for the planning period by income category.
Findings:The remaining capacity of the Housing Element sites are
adequate to meet the Town's remaining RHNA with approval of this
project. The Town is not required to identify additional sites to
accommodate the remaining RHNA as a result of this project.
(b) Include a quantification of the remaining unmet need for the
jurisdiction's RHNA at each income level and the remaining capacity of
sites identified in the Housing Element,to accommodate that need by
income level.
Findings: The remaining unmet need for the Town's RHNA at each
income level and the remaining capacity of the Housing Element is
provided in the table below. The remaining capacity at each income
level of the Housing Element and overall is greater than the remaining
unmet RHNA need at each income level and overall. The Town is not
required to identify additional sites to accommodate the remaining
RHNA as a result of this project.
Remaining RHNA and Housing Element Capacity
Units by Income Category _
Very Low Low Moderate Above Total
Moderate
Remaining RHNA 537 284 306 439 1,566
Remaining Capacity 589 326 340 808 2,063
of Housing Element
6 of 8
Resolution 2025-038 Adoption Date:June 3,2025
(I) Considerations required in review of Architecture and Site applications:
As required by Section 29.20.150 of the Town Code,the applicable
considerations in review of an Architecture and Site application were all made in
reviewing this project.
2. The Town Council of the Town of Los Gatos approves Architecture and Site
Application (S-24-015), Conditional Use Permit Application (U-24-006), and Vesting
Tentative Map Application (M-24-008)to demolish existing commercial structures,
construct a multi-family live/work development (55 multi-family residential units),
approve a Conditional Use Permit for a live/work development, condominium
vesting tentative map, site improvements requiring a Grading Permit, and remove
large protected trees under Senate Bill 330 (SB 330) on property zoned CH:HEOZ,
located at 15349-15367 Los Gatos Boulevard subject to the attached Conditions of
Approval included as (Exhibit A).
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the
Town of Los Gatos. Any application for judicial relief from this decision must be
sought within the time limits and pursuant to the procedures established by Code of
Civil Procedure section 1094.6, or such shorter time as required by state and federal
Law.
7 of 8
Resolution 2025-038 Adoption Date:June 3,2025
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of June, 2025, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mary Badame, Mayor Matthew Hudes
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
41/(eg 1
11
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
TOWN CL K OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
8 of 8
Resolution 2025-038 Adoption Date:June 3,2025
TOWN COUNCIL-June 3,2025
CONDITIONS OF APPROVAL
15349- 15367 Los Gatos Boulevard
Architecture and Site Application S-24-015
Conditional Use Permit Application U-24-006
Subdivision Application M-24-008
Consider a Request for Approval to Demolish Existing Commercial Structures,
Construct a Multi-Family Live/Work Development(55 Units),a Conditional Use
Permit for a Live/Work Development,a Condominium Vesting Tentative Map,
Site Improvements Requiring a Grading Permit,and Removal of Large Protected
Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:HEOZ.APNs 424-19-
048 and 424-19-049.No Additional Environmental Review is Necessary Pursuant
to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR,
Since the Proposed Project's Environmental Impacts were Adequately Addressed
in the 2020 General Plan EIR and/or 2040 General Plan EIR,as Applicable.
Property Owner:Jonathan Peck
Applicant: City Ventures
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL:This project is vested to the ordinances, policies, and standards in effect on
June 30, 2023, and these conditions of approval conform to those ordinances, policies,
and standards.This application shall be completed in accordance with all of the
conditions of approval and in substantial compliance with the approved plans. Any
changes or modifications to the approved plans and/or business operation shall be
approved by the Community Development Director, Development Review Committee,
Planning Commission,or the Town Council depending on the scope of the changes.
2. EXPIRATION:The approval will expire two years from the approval date pursuant
to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. BELOW MARKET PRICE (BMP) UNITS:The developer shall provide eight (8) for-sale BMP
units [four(4) low income units and four(4) moderate income units per the letter of
justification letter dated February 6, 2025] to be sold at a price that is affordable to the
target household income range, as required by the Town's applicable BMP Program
Guidelines and the applicable BMP Resolution.As part of the affordable housing
agreement, a deed restriction shall be recorded prior to the issuance of any building
permits for residential units, stating that the BMP unit must be sold and maintained as
a below market price unit in perpetuity pursuant to the Town's BMP Ordinance and
Guidelines.
EXHIBIT A
4. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building permits for
residential units,the developer shall enter into an Affordable Housing Agreement with
the Town for provision of the required BMP units and to facilitate their sale pursuant to
the BMP Program Guidelines and BMP Resolution in place at the time of building permit
issuance.
5. PHASING OF THE CONSTRUCTION OF BMP UNITS:The BMP units shall be constructed
and Certificate of Occupancies secured in proportion with or prior to the construction
of the market rate units.
6. ARCHITECTURAL REVISIONS TO BUILDING A-The design revisions included in
Attachment 7 to the June 3, 2025, Town Council Staff Report, shall be implemented to
the satisfaction of the Community Development Director prior to issuance of a
Building Permit for Building A, located adjacent to Los Gatos Boulevard.
7. OUTDOOR LIGHTING: Prior to final inspection, exterior lighting shall be kept to a
minimum, and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties. No flood lights shall be used unless it can be demonstrated that
they are needed for safety or security.
8. OPEN GREEN SPACE—PROHIBITION ON ENCLOSURE:The designated central open
green space, as shown on the approved development plans, shall remain visually open
as viewed from Garden Lane. Installation of any structure, fence, wall, gate,
landscaping, or other physical or visual barrier that would fully or partially enclose,
obstruct,or limit visibility to the open green space from Garden Lane is strictly
prohibited.
9. TREE REMOVAL PERMIT:A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of Building and/or Grading Permits. Per Town Code
Section 26.20.010 and Chapter 29, Article 1, Division 2,the developer shall obtain a
tree removal permit prior to the removal of protected trees on private or Town
property.The project developer shall abide by any tree replacement ratios and/or in-
lieu payments,tree protection measures, and best management practices required by
the tree removal permit and/or within the tree removal plan as shown on Sheet C-3
consistent with the arborist report.
10. EXISTING TREES:All existing trees shown on sheet C-3 and trees required to remain
or to be planted are specific subjects of approval of this plan, and must remain on
the site.
11. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits, the
developer shall implement, at their cost, all recommendations identified in the
Arborist's report for the project, on file in the Community Development Department.
These recommendations must be incorporated in the Building Permit plans and
completed prior to issuance of a building permit where applicable and shall remain
through all phases of construction.
12. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective tree
fencing and other protection measures consistent with Section 29.10.1005 of the
Town Code shall be placed as shown on the Tree Protection Plan (Sheet T-5) of the
approved plans prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
13. TREE STAKING: Prior to final inspection, all newly planted trees shall be double-
staked using rubber tree ties.
14. LANDSCAPING: Prior to issuance of the Certificate of Occupancy for the 55th unit,
all landscaping must be completed.
15. WATER EFFICIENCY LANDSCAPE ORDINANCE:The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance (WELO), whichever is more restrictive. Submittal of a Landscape
Documentation Package pursuant to WELO is required prior to issuance of Building
and/or Grading Permits.This is a separate submittal from your Building Permit. A
review deposit based on the current fee schedule adopted by the Town Council is
required when working landscape and irrigation plans are submitted for review. A
completed WELO Certificate of Completion Appendix C) is required prior to final
inspection/certificate of occupancy.
16. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site
shall be removed within 30 days of final action on the applications.
17. ROOFTOP EQUIPMENT: Prior to final inspection, any new or modified roof
mounted equipment shall be fully screened by being below the parapet.
18. PUBLIC ART: The applicant shall comply with the requirements of Chapter 25,
Article VII of the Town Code.
19. WORKER ENVIRONMENTAL AWARENESS TRAINING: Prior to issuance of tree
removal, demolition, Building, and/or Grading Permits, a qualified biologist shall
conduct a training session for all construction personnel.At a minimum,the
training shall include a description of special-status species potentially occurring
in the project vicinity, including, but not limited to, special-status bats, and
nesting birds and raptors.Their habitats, general measures that are being
implemented to conserve species as they relate to the project, and the
boundaries within which disturbance activities will occur shall be explained.
Informational handouts with photographs clearly illustrating the species'
appearances shall be used in the training session.All new construction personnel
shall undergo this mandatory environmental awareness training. A letter report
documenting the completion of training shall be prepared and submitted to
Town of Los Gatos, where it shall be kept on file.
20. SPECIAL-STATUS BAT SPECIES:The following measures shall be implemented to avoid
loss of or harm to special-status bat species consistent with the Due Diligence
Biological Site Assessment Report prepared for the proposed project:
a. A qualified biologist shall conduct a survey for special-status and common bat
species within the project site and a zone of influence around the project site.The
survey shall include all stands of trees and all tree hollows on the project site, and
examination of any suitable openings for bats in trees or under loose bark for
indirect evidence of bat use such as the presence of accumulations of invertebrate
remains and/or the presence of excrement (guano) on the ground beneath such
openings that would indicate roosting activity. All eaves and openings in the on-site
buildings proposed for demolition shall be examined for evidence of bats.
b. If bats or signs of bats are found on-site, tree trimming and/or removal shall only be
conducted during seasonal periods of bat activity: between August 31 and October
15, when bats would be able to fly and feed independently, and between March 1
and April 15 to avoid hibernating bats, and prior to the formation of maternity
colonies.
c. Any trees that will be removed,and that the biologist has identified as
having potentially suitable bat roost habitat,shall be removed using a two-
day phased removal method:
i. On day one, in the afternoon, limbs and branches shall be removed using
chainsaws only. Limbs with cavities, crevices, and deep bark fissures shall
be avoided.
ii. On day two,the rest of the tree shall be removed under the direct supervision
of the qualified biologist.
d. If tree removal must occur outside of the seasonal activity periods (i.e., between
October 16 and February 28/29, or between April 16 and April 30), a qualified
biologist with at least two years of experience surveying for bats shall conduct
preconstruction surveys within 14 days of commencement of construction
activities. If the qualified biologist finds evidence of bat presence during the
surveys, then the biologist shall develop a plan for removal and exclusion, in
conjunction with the California Department of Fish and Wildlife (CDFW).
21. PROTECTED NESTING BIRDS: Prior to issuance of tree removal, demolition, Building,
and/or Grading Permits, and consistent with the Due Diligence Biological Site
Assessment Report prepared for the proposed project, preconstruction nesting bird
surveys shall be conducted by a qualified biologist no more than seven days prior to
any vegetation removal or ground disturbance/earthwork that would be conducted
during the nesting season (February 1 through September 1) that could disturb nesting
birds(i.e., ground vibrations from grading equipment). If active bird nests are
identified on-site during preconstruction surveys,a non-disturbance buffer shall be
established around the nesting site(s) until the young have fledged.The size of the
non-disturbance buffer shall be determined by a qualified biologist depending upon
the nesting birds' sensitivity to disturbance, with buffers typically 75 feet wide for
nesting passerine birds and up to 300 feet wide for nesting raptors.
22. AIR QUALITY: No permanent natural gas infrastructure shall be permitted as part of the
project plans; no natural gas shall be made available through permanent natural gas
infrastructure.The project shall be all electric.
Final plans for the development shall be reviewed by the Town Community Development
Department prior to issuance of a building permit to ensure this performance standard is
incorporated into the project design.Verification of development consistent with this
performance standard shall be assured prior to approval of occupancy permits.
23. PHASE II ESA: Consistent with the Phase II ESA prepared for the project,the soil
beneath the automobile service bays affected by volatile organic compounds (VOCs),
measuring approximately 40 feet by 30 feet, shall be excavated to a depth of at least
10 feet. The excavated soil shall undergo confirmation soil vapor sampling following
completion of soil excavation/aeriation activities and grading in order to determine
whether residual vapor impacts, if any, warrant the installation of vapor mitigation
systems (i.e., vapor barriers and passive venting systems) under the proposed
residential construction. If soil vapor sampling determines that soil treatment would be
needed, and treatment cannot be provided on-site, the soil shall be hauled off-site to a
landfill.The result of the soil sample testing and the mitigation measures to be
implemented shall be provided to the Town Community Development Department
prior to forms/steel inspection.
24. CULTURAL/ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS: Prior to issuance of a
tree removal, demolition, and/or grading permit for the project, a Secretary of the
Interior-qualified archaeologist shall prepare a tribal cultural resources monitoring plan,
in consultation with a culturally-affiliated Native American tribe(s).The plan shall be
reviewed and approved by the Community Development Director.The plan shall
include (but not be limited to)the following components:
a. Preconstruction training program for all construction and field workers involved in
site disturbance: On-site personnel shall attend a mandatory pre-project training
led by a Secretary of the Interior-qualified archaeologist,who shall invite a Native
American representative.The training will occur prior to any ground disturbing
activities and issuance of tree removal permits.The training will outline the general
cultural sensitivity of the area and the procedures to follow in the event cultural
materials and/or human remains are inadvertently discovered.The archaeologist
will provide the following documentation to the Town of Los Gatos Planning
Division: date (or dates) of the training, signatures of construction personnel at the
training session(s), and materials used in the training.The applicant shall provide a
copy of the contract to the Planning Division, prior to issuance of tree removal,
demolition, Building, and/or Grading Permits.
b. Specifically, where monitoring will be conducted and under what
circumstances, based on soil types, geology, distance to known sites, and
other factors;
c. Person(s) responsible for conducting monitoring activities, including a request to
the culturally-affiliated Native American tribe(s)for a tribal monitor;
d. Person(s) responsible for overseeing and directing the monitor;
e. How the monitoring shall be conducted and the required format and content
of monitoring reports;
f. Schedule for submittal of monitoring reports and person(s) responsible for review
and approval of monitoring reports;
g. Protocol for notifications in case of encountering cultural resources, as well as
methods of dealing with the encountered resources (e.g., collection,
identification, curation);
h. Methods to ensure security of cultural resources sites;
i. Protocol for notifying local authorities(i.e.Sheriff, Police) should site looting or
other illegal activities occur during construction.
j. During the course of the monitoring,the archaeologist may adjust the
frequency— from continuous to intermittent—of the monitoring based on the
conditions and professional judgment regarding the potential to impact
resources.
k. If tribal cultural materials are encountered, all soil-disturbing activities within 50
feet in all directions of the find shall cease until the resource is evaluated.The
archaeologist shall immediately notify the lead agency of the encountered
resource. After making a reasonable effort to assess the identity, integrity, and
significance of the encountered resource, in consultation with a culturally-affiliated
Native American tribe(s),the archaeologist shall present the findings of this
assessment to the Community Development Director. If the find is determined by
the archaeologist to be potentially significant,the archaeologist, in consultation
with the Community Development Director, a culturally-affiliated Native American
tribe(s), and the developer, shall determine an appropriate treatment plan in
accordance with CEQA Sections 20183.2 and 21084.3 and with CEQA Guidelines
Section 15126.4(b)(3), to the extent applicable.
25. PALEONTOLOGICAL OR GEOLOGIC RESOURCES: If paleontological resources or geologic
features are discovered at the project site, construction activities in the area shall be
suspended, a qualified paleontologist shall be retained to examine the site, and
protective measures shall be implemented to protect the paleontological resource.
Construction shall be suspended until appropriate mitigation is implemented.
26. BEST MANAGEMENT PRACTICES:The following measures shall be implemented
during construction activities to reduce PM2.5 concentrations:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles,graded areas,
and unpaved access roads) shall be watered two times per day, with priority given
to the use of recycled water for this activity when feasible.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day.The use of dry power
sweeping shall be prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 minutes(as required by the Bay Area Air
Quality Management District. Clear signage shall be provided for construction
workers at all access points.This requirement applies to on-site construction
equipment and any off-site construction equipment queuing on or along roads
within Town Limits.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications.All equipment shall be checked by a certified
visible emissions evaluator.
h. All excavation,grading,and/or demolition activities shall be suspended when
average wind speeds on site exceed 20 mph.
i. All trucks and equipment, including their tires, shall be washed off prior to leaving
the site.
j. Unpaved roads providing access to sites located 100 feet or further from a paved
road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips,
mulch,or gravel.
k. Publicly visible signs shall be posted with the telephone number and name of the
person to contact at the lead agency regarding dust complaints.This person shall
respond and take corrective action within 48 hours.The Air District's General Air
Pollution Complaints number shall also be visible to ensure compliance with
applicable regulations.
27. GEOTECHNICAL REPORT AND SEISMIC DESIGN: Prior to issuance of Building and/or
Grading Permits, implementation of seismic design features is required:
a. Site the development away from high risk geologic and seismic hazard zones or, if
located in a high-risk zone, incorporate construction techniques or specialized
technologies to reduce risk. Restrict new development and redevelopment based
on the levels of risk and potential severity of geologic hazards.
b. The geotechnical report Geotechnical Investigation on Proposed Residential
Development at 15349& 15367 Los Gatos Boulevard, Los Gatos, California for City
Ventures("geotechnical report") prepared for the project by Quantum
Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer
review report by Cotton, Shires and Associates, Inc. on April 1, 2024 was prepared
by a licensed engineering geologist and/or geotechnical engineer identifying all site
geologic, seismic, and geotechnical engineering conditions and potential hazards
and included appropriate design measures to mitigate potential fault ground
rupture/deformation impacts to acceptable levels.The report specifies construction
methods to protect existing and future residences, from identified hazards.
c. A licensed geologic/geotechnical engineer shall complete the Town Geologic
Hazards Checklist to demonstrate that potential hazards have been identified and
that proposed structures, including grading cuts and fills, will be designed to resist
potential earthquake effects.
d. Incorporate all engineering and design recommendations included in the
Geotechnical Investigation on Proposed Residential Development at 15349& 15367
Los Gatos Boulevard, Los Gatos, California for City Ventures("geotechnical report")
prepared for the project by Quantum Geotechnical, Inc.date August 2, 2024. in
February 2024 and included in the peer review report by Cotton,Shires and
Associates, Inc. on April 1, 2024.
28. EROSION CONTROL PLANS: Prior to issuance of Building and/or Grading Permits:
a. Provide an effective erosion control plan to minimize soil erosion.The erosion
control plans shall be implemented prior to construction operations and
maintained throughout the construction process.
b. Ensure that the grading of slopes and sites proposed for development will
be minimized.
c. Implement bioswales and other innovations so runoff from parking lots drain
into landscaped areas and rainwater percolates into the ground.
29. CONSTRUCTION NOISE:
a. Construction activities shall comply with Section 16.20.035 of the Town Code.
b. Construction activities shall not result in interior residential noise levels exceeding
45 dB.
c. Appropriate site and building design, sound walls, minimum landscape buffers of
five feet, and/or the use of noise attenuating construction techniques and materials
be used in order to protect existing and proposed residential areas from noise, in
order to reduce project construction noise and associated impacts.
d. If construction equipment is located within the minimum required distances shown
in Table 9 below of noise-sensitive receptors,the applicant shall implement
equipment staging areas to create distance between construction-related noise
sources and noise-sensitive receptors; use electric tools and facilities; use mobile
construction equipment with smart back-up alarms; and implement additional
noise attenuation techniques during the clearing, earth moving, grading,and
foundation/conditioning phases of construction, such as temporary sound barriers
between the construction site and the sensitive receptors.
Table 9
Construction Equipment Noise
Minimum
Distance
Sound Level Sound Level Required
Type of General at 5o Feet at 25 Feet Without
Equipment Activity � � _ (dRA) ! Mitigation
Excavator Excavation 85 91 50
Dozer Excavation 85 91 50
Grader Grading 85 91 50
Loader/Backhoe Excavation/Grading 80 86 27
Cement Mixer Concrete 85 91 50 _
Paver Paving 88 94 70
Vibratory Roller Paving 85 91 50
Compactor Paving 83 89 40
Mobile Crane Retaining Wall 85 91_ 50 _
Source:Veneklasen Associates,Inc.,2025. T
30. CONSTRUCTION VIBRATION:
a. The use of vibratory rollers(i.e., compactors)within 50 feet of buildings that
are susceptible to damage from vibration is prohibited.
b. Schedule construction activities with the highest potential to produce vibration
to hours with the least potential to affect nearby institutional,educational,and
office uses that the Federal Transit Administration, identifies as sensitive to
daytime vibration (FTA 2005).
c. Notify neighbors of scheduled construction activities that would generate
vibration which would require standard conditions of approval to minimize
exposure to construction vibration.
d. Potential vibration impacts of heavy equipment shall be addressed by scheduling
usage of heavy equipment within the specified distances included in the table
below outside of Silicon Valley MRI&CT business hours. Pursuant to the Silicon
Valley MRI &CT website, the business hours are 8:30 AM to 5:00 PM, Monday
through Friday.
Table 11
Vibration Levels for Various Construction Equipment
1 k Type of General
vibration Vibration Level Distance
Level at 25 at 50 Fee Required
Equipment Activity Feet„LdBJ (VdB) for 65 Vd6
Excavator Excavation 58 49 15
Dozer Excavation 87 78 135
Grader Grading 86 77 125
Loader/Backhoe Excavation/Grading 87 78 135
Cement Mixer Concrete 86 77 125
Paver Paving 86 77 125
Vibratory Roller Paving 94 85 230
Compactor Paving 87 78 135
Sheep's Foot Paving 79 70 75
Compactor
Source:Veneklasen Associates,Inc..2025.
31. REUSABLE MATERIALS:All reusable materials from residential, commercial,
and construction/renovation activities shall be recycled.
32. TOWN INDEMNITY:Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement ("the Project")from the Town
shall defend (with counsel approved by Town), indemnify, and hold harmless the Town,
its agents, officers, and employees from and against any claim, action, or proceeding
(including without limitation any appeal or petition for review thereof)against the Town
or its agents, officers or employees related to an approval of the Project, including
without limitation any related application, permit, certification, condition, environmental
determination, other approval, compliance or failure to comply with applicable laws and
regulations, and/or processing methods ("Challenge").Town may(but is not obligated
to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at
applicant's sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney's fees on a fully-loaded
basis, attorney's fees for outside legal counsel, expert witness fees, court costs, and
other litigation expenses) arising out of or related to any Challenge ("Costs"), whether
incurred by Applicant,Town, or awarded to any third party, and shall pay to the Town
upon demand any Costs incurred by the Town. No modification of the Project, any
application, permit certification,condition, environmental determination, other
approval,change in applicable laws and regulations, or change in such Challenge as
Town, in its sole discretion, determines appropriate, all the applicant's sole cost and
expense. No modification of the Project, any application, permit certification,
condition,environmental determination, other approval, change in applicable laws and
regulations, or change in processing methods shall alter the applicant's indemnity
obligation.
33. COMPLIANCE MEMORANDUM:A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
34. PERMITS REQUIRED:A Demolition Permit is required for the demolition of the existing
structures. A separate Building Permit is required for the construction of each new
multi-family structure.Separate Building Permits will be required for the PV on each
structure.
35. APPLICABLE CODES:The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2023, are the 2022 California Building Standards Code,
California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy
Reach Codes.
36. CONDITIONS OF APPROVAL:The Conditions of Approval must be blue 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.
37. BUILDING &SUITE NUMBERS:Submit requests for new building addresses to the
Building Division prior to submitting for the building permit application process.
38. SIZE OF PLANS: Minimum size 24"x 36", maximum size 30"x 42".
39. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management District
Application for the removal of each existing structure. Once the demolition form has
been completed, all signatures obtained, and written verification from PG&E that all
utilities have been disconnected, submit the completed form to the Building
Department with the Air District's J#Certificate, PG&E verification,and site plans
showing all existing structures, existing utility service lines such as water, sewer, and
PG&E. No demolition work shall be done without first obtaining a permit from the
Town.
40. AIR QUALITY:To limit the project's construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended basic construction measures shall be included in the project's grading
plan, building plans, and contract specifications:
a. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 2 minutes.Clear signage shall be provided
for construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications.All equipment shall be checked by a certified
visible emissions evaluator. All non-road diesel construction equipment shall at a
minimum meet Tier 3 emission standards listed in the Code of Federal Regulations
Title 40, Part 89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification
of construction schedule to adjacent residential property owners and tenants at
least one week prior to commencement of demolition and one week prior to
commencement of grading with a request that all windows remain closed during
demolition, site grading, excavation, and building construction activities in order to
minimize exposure to NOx and PM10.The on-site field supervisor shall monitor
construction emission levels within five feet of the property line of the adjacent
residences for NOx and PM10 using the appropriate air quality and/or particulate
monitor.
41. SOILS REPORT: A Soils Report, Geotechnical Investigation on Proposed Residential
Development at 15349& 15367 Los Gatos Boulevard, Los Gatos, California for City
Ventures ("geotechnical report") prepared for the project by Quantum
Geotechnical, Inc. date August 2, 2024. in February 2024 and included in the peer
review report by Cotton, Shires and Associates, Inc. on April 1, 2024, has been
prepared containing foundation,and retaining wall design recommendations.The
report shall be submitted with the Building Permit Application.This report shall be
prepared by a licensed Civil Engineer specializing in soils mechanics.
42. 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
43. 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.
44. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall
be provided from public transportation stops, accessible parking and accessible
passenger loading zones and public streets or sidewalks to the accessible building
entrance that they serve. The accessible route shall,to the maximum extent feasible,
coincide with the route for the general public. At least one accessible route shall
connect all accessible buildings, facilities, elements and spaces that are on the same
site.
45. ACCESSIBLE PARKING:The parking lots, where parking is provided for the public as
clients,guests, or employees, shall provide accessible parking.Accessible parking
spaces serving a particular building shall be located on the shortest accessible route
of travel from adjacent parking to an accessible entrance. In buildings with multiple
accessible entrances with adjacent parking, accessible parking spaces shall be
dispersed and located closest to the accessible entrances.
46. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any
required sanitary sewer backwater valve on the plans and provide its location.The
Town of Los Gatos Ordinance and West Valley Sanitation District(WVSD) requires
backwater valves on drainage piping serving fixtures that have flood level rims less
than 12 inches above the elevation of the next upstream manhole.
47. HAZARDOUS FIRE ZONE:All projects in the Town of Los Gatos require Class A
roof assemblies.
48. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit.
The Town Special Inspection form must be completely filled-out and signed by all
requested parties prior to permit issuance. Special Inspection forms are available online
at www.losgatosca.gov/building.
49. BLUEPRINT FOR A CLEAN BAY SHEET:The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) shall
be part of the plan submittal as the second page.The specification sheet is available
online at www.losgatosca.gov/building.
50. APPROVALS REQUIRED:The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development—Planning Division: (408) 354-6874
b. Engineering/Parks& Public Works Department: (408)399-5771
c. Santa Clara County Fire Department: (408)378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s)for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS&PUBLIC WORKS:
Engineering Division
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION
PLANS SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS
SPECIFIED IN A CONDITION, AT THAT TIME.
51. THIRD-PARTY PLAN CHECK FEE AND INSPECTION FEE (Special projects only)—The
Town will procure a third-party engineering firm to perform Plan Review and
Inspection Services.Applicant shall provide an initial deposit of$50,000 plus a 20
percent fee to cover staff time to the Town for plan review and inspection services.
This deposit and fee are required at the time of the project building permit submittal.
Once this deposit is received, the Town will select the consultant and initiate the plan
review process.The Applicant's deposit will be charged on a time and materials basis.
A supplemental deposit will be required if the remaining deposit is expected to be
exhausted prior to completion of the work. Permitted work will not be allowed to
continue without available funds to complete the required inspection services.Third-
party engineering services will be required for the duration of the construction and
project closeout phases.
52. STORM DRAINAGE FEE—The Applicant shall pay Storm Drainage Fees for the future
construction of drainage facilities serving new buildings, improvements, or structures
to be constructed which substantially impair the perviousness of the surface of land.
The estimated fee, based on the site area of 1.54 acres, is$8,015.70.The Applicant
shall pay this fee to PPW prior to issuance of the first building permit.
53. TRAFFIC IMPACT MITIGATION FEE—The project is subject to the Town's Traffic Impact
Mitigation Fee for the generation of net new average daily trips.The Town's Fee
Schedule in effect at the time of vesting indicates a fee of$1,104 per additional
average daily trip. With 266 net new average daily trips as noted in the Transportation
Analysis, this fee is calculated at$293,664.00. Payment of this fee shall be paid prior to
issuance of the first building permit.
54. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189)—Per the Town's
Comprehensive Fee Schedule in effect at the time of vesting,the project is subject to
the Town's Construction Activities Mitigation Fee based on the square footage of new
buildings.The fee is$1.43 per square foot of new residential and non-residential
building area. With 89,722 SF of total building square footage,this fee is calculated at
$128,302.46. Payment of this fee shall pe paid prior to issuance of the first building
permit.
55. GRADING PERMIT—A grading permit is required for all site grading and drainage work
that is outside the perimeter of a building, retaining wall footing, or other structure
authorized by a valid building permit.The Applicant must submit a grading permit
application after the appeal period of the entitlement approval process has passed, or
earlier if approved by the Town Engineer or his/her designee. Submittals are accepted
through Accela only.The grading permit application shall include detailed grading plans
and associated required materials. Plan check fees are based on the scope of onsite
work. Prior to approval of the grading permit,the Applicant shall pay all fees due and
provide faithful performance and payment securities for the performance of the work
described and delineated on the approved grading plan,final erosion and
sedimentation control plan, and interim erosion and sedimentation control plan (if
required), in an amount to be set by the Town Engineer(but not to exceed one
hundred (100) percent)of the approved estimated cost of the grading and erosion and
sedimentation control measures.The form of security shall be one or a combination of
the following to be determined by the Town Engineer and subject to the approval of
the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate
sureties on a form approved by the Town. (2) Deposit with the Town, money, or
negotiable bonds of the kind approved for securing deposits of public monies,or(3)
other instrument of credit from one or more financial institutions subject to regulation
by the State or Federal Government wherein such financial institution pledges funds
are on deposit and guaranteed for payment.The grading permit shall be issued prior to
the issuance of the building permit unless otherwise allowed by the Town Engineer.
The permit shall be limited to work shown on the grading plans approved by the Town
Engineer. In granting a permit, the Town Engineer may impose any condition deemed
necessary to protect the health, safety, and welfare of the public,to prevent the
creation of a nuisance or hazard to public or private property, and to assure proper
completion of the grading including but not limited to: (1) Mitigation of adverse
environmental impacts, consistent with the project's CEQA. (2) Improvement of any
existing grading or correction of any existing grading violation to comply with Town
Code. (3) Requirements for fencing or other protection of grading which would
otherwise be hazardous. (4) Requirements for dust, erosion, sediment, and noise
control, hours of operation and season of work, weather conditions, sequence of work,
access roads, and haul routes (5)Assurance that the land area in which grading is
proposed and for which habitable structures are proposed is not subject to hazards of
land slippage or significant settlement or erosion and that the hazards of seismic
activity or flooding can be eliminated or adequately reduced. (6)Temporary and
permanent landscape plans.
56. PUBLIC IMPROVEMENTS—Prior to the issuance of any building permit and prior to any
work being done in the Town's right of way, the Applicant must submit Public
Improvement Plans for review and approval. All public improvements shall be made
according to the Town's latest adopted Standard Plans, Standard Specifications, and
Engineering Design Standards. The Applicant is required to confirm the location of
existing utility lines along the project frontage by potholing. Prior to any potholing,
Applicant shall submit an Encroachment Permit application with a pothole plan for
Town review and approval.The Applicant shall provide the pothole results to the Town
Engineer prior to final design.All existing public utilities shall be protected in place and,
if necessary, relocated as approved by the Town Engineer. No private facilities are
permitted within the Town right of way or within any easement unless otherwise
approved by the Town Engineer.The Applicant shall have Public Improvement Plans
prepared, stamped, and signed by a California licensed civil engineer.
Once the Public Improvement Plans have been approved, the Applicant shall submit an
application for an Encroachment Permit.The Encroachment Permit requires the
Applicant to post the required bonds and insurance and provide a one (1)year warranty
for all work to be done in the Town's right of way or Town easement. New concrete
shall be free of stamps, logos, names, graffiti, etc.Any new concrete installed that is
damaged shall be removed and replaced at the Contractor's sole expense. Prior to
issuance of the encroachment permit,the Applicant shall submit a temporary traffic
control plan ("TTCP") inclusive of all modes of travel for any lane or sidewalk closures.
Special provisions such as limitations on works hours, protective enclosures, or other
means to facilitate public access in a safe manner may be required.The TTCP shall
comply with the State of California Manual of Uniform Traffic Control Devices
("MUTCD")and standard construction practices.
The project engineer shall notify the Town Engineer in writing of any proposed changes.
Any proposed changes to the approved plans shall be subject to the approval of the
Town.The Applicant shall not commence any work deviating from the approved plans
until such deviations are approved unless otherwise approved by the Town Engineer or
his/her designee. Any approved and constructed changes shall be incorporated into the
final "as-built" plans.
Right-of-way improvements shall include, at a minimum,the following items:
a. STREET WIDENING -The Applicant shall improve the project frontage along
Garden Lane with a 3-foot right-of-way dedication, an approximately 117-foot
curb long extension that will reduce the Garden Lane crossing distance at the
intersection of Oak Park Drive as noted in the Transportation Analysis and per
sheet C-4,and a new street section, curb,gutter,a 5-foot detached sidewalk, and a
4-foot landscape strip.The Applicant shall relocate at their costs any affected
utilities as directed by the Town Engineer. All work shall be shown on the required
improvement plans.
b. STREET TREES-The Applicant shall plant 8 street trees along the Los Gatos
Boulevard project frontage and 12 streets trees along the Garden Lane project
frontage as shown on Sheet L1.The street tree plans shall be per Town Standard
Drawings.
c. TREE GRATES—The Applicant shall install 8 Town Standard Tree Grates as
specified in the approved plans.Tree grates shall be 3'x6', model OT-T24 by
Urban Accessories, and shall be black power coated.The tree grates shall be
shown on the improvement plans to be located at the back of curb to the
approval of the Town Engineer and shall be installed with the street trees prior
to the first occupancy.
d. STREET MARKINGS-The Applicant shall install new street markings of a design
approved by the Town Engineer and replace any street markings that are damaged
due to project construction activities. New street markings include two new high
visibility crosswalks at the Garden Lane/Oak Park Drive intersection and all
pavement markings, painted curbs, and handicap markings as shown on sheet C-4.
All permanent pavement markings shall be thermoplastic and comply with Caltrans
Standards. Color and location of painted curbs shall be 15 feet of no parking zone
(painted red curb) south of each driveway and 5 feet of no parking zone north of
each driveway in accordance with the Transportation Analysis, shall be shown on
the plans and are subject to approval by the Town Engineer.Any existing painted
curb or pavement markings no longer required shall be removed by grinding if
thermoplastic, or sand blasting if in paint.
e. SIDEWALK-The Applicant shall replace to existing Town standards all sidewalk per
sheet C-4.Sidewalk replacement shall be constructed per the Town Standard
Drawings.
f. CURB RAMP(S)-The Applicant shall construct five(5)curb ramp(s) in accordance
with the latest Caltrans State Standard Drawing. Four curb ramps along the south
side of Garden Lane running east-west for the crossings of the development's
driveways an one curb ramp at the southwest, corner of the intersection of Garden
Lane and Oak Park Drive. The actual ramp "Case" shall be identified on the plans
and shall be to the approval of the Town Engineer.
g. CURB AND GUTTER-The Applicant shall replace to existing Town standards all
curb and gutter within the project extents. New curb and gutter within public right
of way shall be constructed per the Town Standard Drawing ST-210 (Vertical).
h. DRIVEWAY APPROACH(ES)-The Applicant shall install one (1)Town Standard
driveway approach(es) as shown on the approved plans.The new driveway
approach shall be constructed per the Town Standard Drawing.
i. DRIVEWAY REMOVAL - The Applicant is to remove the existing driveway
approaches that will no longer be used and replace them with sidewalk, curb, and
gutter per the Town Standard Drawings.
j. SEWER CLEAN-OUT-The Applicant shall install the sewer lateral clean-out at the
property line in accordance with the West Valley Sanitation District standards.
Sewer clean-out(s) shall be constructed prior to occupancy of the first building.
k. PARKING LOTS—The Applicant shall submit plans for all required off street parking
lots showing proper grading, drainage, ramps profile, and parking dimensions in
conformance with Town parking standards and consistent with sheets C-4 and C-5-.
The plans shall be approved by the Town Engineer prior to the issuance of the first
building permit.
I. PARKING LOT DRAINAGE—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. Paving shall meet Santa Clara
County Fire Department requirements and be structurally appropriate for the
location.
m. BICYCLE PARKING—The Applicant shall provide both long-term bicycle parking
and short-term bicycle racks on-site, as shown on the approved site plan,to the
approval of the Town Engineer.
n. STORM WATER CATCH BASIN(S) -The Applicant shall construct Standard Curb
Inlet and Catch Basin's per approved plans and in accordance with the Town
Standard Drawing.
o. STREETLIGHT(S) -The Applicant shall replace the existing streetlight along the
project frontage on Los Gatos Boulevard in front of Building "A"with a new
standard galvanized steel Octaflute streetlight per Town Standard Drawing with
LED fixture.The Applicant shall install a pull box in the sidewalk adjacent to this
replaced streetlight and intersect the electrical service for the streetlight to provide
a service point for the streetlight's power.The Applicant shall also install a new
standard galvanized steel Octaflute streetlight per Town Standard Drawing with
LED fixture including adjacent pull box near the southern driveway of the
development as directed by the Town Engineer. Finally,the Applicant shall replace
the existing streetlight at the intersection of Garden Lane and Oak Park Drive with
the standard galvanized steel Octaflute streetlight per Town Standard Drawing with
LED fixture and install a service pull box if not currently existing.The Applicant is
responsible for all PG&E service fees and hook up charges.Any new service point
connection required to power the new lights shall be shown on the construction
drawings along with the conduit, pull boxes, and other items necessary to install the
streetlights.The Applicant shall provide an Isometric Lighting Level Study similar to
what is shown on the last sheet in the approved entitled plan set called "22887REY-
R7.DWG" for review and approval by the Town Engineer. Right of way lighting must
comply with the Town's Street Design Standards section 2.38.The new streetlights
shall have 31-foot 9-inch mounting height per Standard Drawing Octaflute with LED
Fixture, with an 8-foot arm length.The fixture shall be CREE,Type III Cut-Off Model;
XSP2, 4000K 56W in an approved configuration or approved equal.The arm shall be
installed at the location as shown on the approved plans. A letter shall be provided
by PG&E stating that public streetlight billing will be per Rule LS2A. Private lights
shall be metered with billing addressed to the homeowners' association. Pole
numbers, assigned by PG&E, shall be clearly delineated on the plans.
p. BICYCLE FACILITIES—The Applicant shall provide a fair share contribution
towards the planned Class IV protected bike lane improvement on Los Gatos
Boulevard along the Project frontage.To determine the fair share costs, the
Applicant show provide a conceptual design and engineer's estimate for the
future costs of the improvements for approval by the Town Engineer.The
Applicant shall include in the estimate a 20 percent contingency and then
escalate the estimate to July 2027 dollars using an escalation rate of 4.5
percent per year.
57. TREE REMOVAL PERMIT—The Applicant shall apply and obtain a Tree Removal Permit
from the Parks and Public Works Department for the removal of existing trees on-site
or in the public right-of-way prior to the issuance of a building permit or demolition
building permit,whichever is issued first.An arborist report may be required by the
Town Arborist prior to the removal of any tree.
58. PHASED PERMITS—The Applicant may, with the approval of the Town Engineer, phase
the permits to expedite the construction process. If this is done, each phase of the work
will require a separate and complete set of plans to be submitted, reviewed, and
approved prior to the issuance of the said permit. Overlapping of permits may occur, if
approved by the Town Engineer. No work on the next phase of construction, in advance
of the permitted work, may occur. No "at risk"work will be permitted unless otherwise
approved by the Town Engineer or his/her designee. Plans shall be submitted,
reviewed, and approved by the Town Engineer prior to the commencement of work.
Only the below phased permitted work will be allowed:
a. Clearing-Grubbing/Rough Grading
b. Fine Grading
c. Underground Utilities
d. Site Improvements
e. Off-Site Improvements
59. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS—The Grading Permit Plans
and
Public Improvement Plans(together referred to as "Improvement Plans")shall be
submitted as a set to Parks and Public Works Department along with a title report dated
no older than 30 days from the date the Improvement Plans are submitted.The
Improvement Plans shall be submitted at the same time as the Building Plans are
submitted to the Building Department.All improvements shall be designed and
constructed in accordance with Federal law,State law, Los Gatos Town Code,and the Los
Gatos Standard Specifications and Details.
Construction drawings shall comply with Section 1 (Construction Plan Requirements)
of the Town's Engineering Design Standards,which are available for download from
the Town's website.The Improvement Plans shall include:
a. A cover sheet with at least the proposed development vicinity map showing
nearby and adjacent major streets and landmarks, property address,APN,scope
of work, project manager and property owner, a "Table of Responsibilities"
summarizing ownership, access rights, and maintenance responsibilities for each
facility(streets, utilities, parks, landscaping, etc.), a sheet index including a
sequential numeric page number for each sheet (i.e. "Sheet 1 of 54"),the lot
size, required and proposed lot setbacks by type, proposed floor areas by type
for each building, average slope, proposed maximum height, and required and
proposed parking count and type.
b. The Approved Conditions of Approval printed within the plan set starting on
the second sheet of the plan set.
c. An Existing Site Plan showing existing topography, bearing and distance
information for all rights-of-way, easements, and boundaries, any existing
easements proposed to be quit-claimed, existing hardscape, existing above ground
utility features, and existing structures.The Improvement Plans shall identify the
vertical elevation datum, date of survey, and surveyor responsible for the data
presented.
d. A Proposed Site Plan showing proposed topography, boundaries, proposed and
existing to remain easements, hardscape, above ground utility features
(hydrants,transformers,control cabinets, communication nodes,etc.), and
structures. Include top and bottom elevations of every inflection point of each
wall. Show proposed public right-of-way improvements. Distinguish proposed
linework from existing linework using heavier line type for proposed.
e. A Grading and Drainage Plan clearly showing existing onsite and adjacent
topography using labeled contour lines, drainage direction arrows with slope value,
and break lines. Proposed and existing to remain hardscape elevations must be
provided in detail including slope arrows.
f. A Utility Plan showing appropriate line types and labels to identify the different
types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water
meters, sanitary sewer cleanouts, etc. shall be located on private property unless
otherwise approved by the Town Engineer.
g. A Photometric Lighting Plan analyzing on-site and the full width of the project's
two adjacent rights-of-ways shall show on the plan the average maintained
horizontal illumination in foot-candles.The plan sheet shall include a table
identifying individual project areas and their associated average illumination in
foot-candles, maximum illumination in foot-candles, minimum illumination in
foot-candles, and average to minimum uniformity ratio. Lighting shall comply with
the Town's Standard Specification section 2.38.
h. A Landscaping Plan for the project site in general conformance with Sheet L1
indicating the proposed irrigation networks including controller location and
power source(s).
i. A Composite Plan showing civil, landscape, electrical, and joint trench locations
combined on one drawing to identify potential conflicts between disciplines.The
Composite Plan shall include the size, location, and details of all trenches, locations
of building utility service stubs and meters, and placements or arrangements of
junction structures as a part of the Improvement Plan submittals for the project.
Show preferred and alternative locations for all utility vaults and boxes if project
has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the
composite drawings and/or utility improvement plans. (All dry utilities shall be
placed underground).A note shall be placed on the joint trench composite plans
which states that the plan agrees with Town Codes and Standards and that no
underground utility conflict exists.
j. General Notes found in the Town of Los Gatos General Guidelines.
k. A statement in the general notes indicating the need to obtain a Caltrans
Oversized/Overweight Vehicles Transportation Permit if oversized or
overweight vehicles are expected to be used.
I. A statement that all utility boxes in vehicular pathways shall be traffic-rated.
60. STANDARD PLAN COMPLIANCE—The project shall comply with the Town's Standard
Plans to the approval of the Town Engineer. Street improvements, all street sections,
the design of all off-site storm drainage facilities shall be in accordance with most
current Town Standard Specifications and Standard Plans approved by the Town
Engineer. Improvements deemed necessary by the Town Engineer shall be shown on
the Improvement Plans.
61. EXISTING FACILITY PROTECTION AND REPAIR—All existing public utilities shall be either
protected in place, relocated,or repaired.The Applicant shall repair or replace all
existing improvements not designated for removal, and all new improvements that are
damaged during construction or removed as a result of the Applicant's operations.This
includes sidewalk, curb and gutter, streetlights,valley gutters,curb ramps, and any
other existing improvements in the area that are not intended to be removed and
replaced.The Applicant shall request a walk-through with the PPW construction
Inspector before the start of construction to verify existing conditions. Said repairs
shall be completed prior to issuance of the first certificate of occupancy of the project.
62. UNDERGROUND UTILITIES—All new services to the development shall be placed
underground in accordance with the various utility regulations and consistent with
sheet JT5. Underground utility plans must be submitted to the Town and approved by
the Town Engineer prior to installation.
63. UTILITY RESPONSIBILITIES—The Applicant shall enter an agreement assuming
responsibility for the maintenance of stormwater drainage facilities, including piped
and open channel stormwater conveyances in private areas.The Applicant is
responsible for all expenses necessary to connect to the various utility providers.
Currently, the public storm sewer system is owned and maintained by the Town of Los
Gatos,the water system in Los Gatos is owned and maintained by San Jose Water
Company, and the sanitary sewer system in Los Gatos is owned and maintained by
West Valley Sanitation District.Any alterations of the approved utilities listed must be
approved by the Town prior to any construction.
64. UTILITY COMPANY COORDINATION—The Applicant shall negotiate any necessary right-
of-way or easements with the various utility companies in the area, subject to the
review and approval by the Town Engineer and the utility companies. Prior to the
approval of the site plan for construction,the Applicant shall submit "Will Serve"
letters from PG&E, San Jose Water, West Valley Sanitation District, West Valley
Collections and Recycling, and AT&T(or the current "Carrier of Last Resort") with a
statement indicating either a list of improvements necessary to serve the project or a
statement that the existing network is sufficient to accommodate the project.
Approved plans from these companies will also satisfy this condition. Coordination of
the stormwater conveyance system will be addressed during the Grading Permit
review.
65. PREPARATION OF ELECTRICAL PLANS—All street lighting electrical plans shall be
prepared by a California registered professional engineer experienced in preparing
these types of plans.
66. ON-SITE LIGHTING STANDARDS—The Applicant shall submit a photometric plan for on-
site lighting showing lighting levels in compliance with the Town Standard
Specifications section 2.38.The plan shall show the minimum maintained horizontal
illumination in foot-candles and the uniformity ratio for all areas.This lighting standard
is applicable to all parking lots, driveways, circulation areas, aisles, passageways,
recesses, and accessible grounds contiguous to all buildings. Private, interior
courtyards not accessible to the public are not required to meet this standard.The
lighting system shall be so designed as to limit light spill beyond property lines and to
shield the light source from view from off site.The photometric plan shall be approved
by the Town Engineer and shall be addressed on the construction plans submitted for
the first building permit. Any subsequent building permits that include any site lighting
shall also meet these requirements.
67. STORM DRAINAGE STUDY—The Applicant shall submit a Storm Drainage Study for the
proposed development stormwater conveyance system evaluating pre-and post-
development peak discharge rates for the theoretical 2-year, 10-year,and 100-year
(50-percent, 10-percent, and 1-percent annual chance) storm events including
supporting hydraulic calculations for proposed pipe network.The study must address
sizing and design details for the stormwater treatment systems proposed with the
development.The study shall include an evaluation of the project site drainage
including topography, natural drainage patterns, and existing man-made diversions
(structures, raised pads,fences, etc.). If the study indicates that the theoretical water
surface elevation or hydraulic grade line of the proposed development during a 10-
year storm event is above ground level at any point, the Applicant shall construct and
dedicate to the Town new downstream storm drainage facilities necessary to achieve
a connection point water depth no more than 80 percent full during the projected 10-
year storm event.The study must evaluate the 100-year storm event base flood
elevation.The finish floor elevations of all structures must be constructed at least 1-
foot above this elevation.The Applicant shall submit the study for review and approval
by the Town Engineer prior to the issuance of the first building permit.
68. STORMWATER MANAGEMENT PLAN —The Applicant shall develop a Storm Water
Management Plan ("SWMP")that complies with the California Water Board regulations
and delineates site design measures, source control measures, low-impact-
development (LID)treatment measures, hydromodification management measures,
and construction site controls as appropriate.The Plan must indicate erosion
protection measures for the inlet structures (e,g.,pipe outlets, pump dissipator pipes,
and/or bubblers). For the BAHM analysis, the Applicant must provide pump operations
and intended routing during various runoff conditions(i.e., treatment runoff vs. HM
controls)and the rationale for the pump size selected relative to the treatment flow
rate. The Applicant shall update the BAHM analysis to conform to project conditions to
the satisfaction of the Town Engineer and include a summary of the changes made to
the BAHM analysis since the entitlement plan review for review by the C3 consultant.
The Applicant must select and indicate bioretention area plants capable of
withstanding and surviving the higher design ponding conditions. If pumps are
proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable
of treating,to avoid consistently overwhelming the bioretention areas.
b. The Applicant must integrate an N+1 redundancy and generator backups at all
required pump locations and include an alarm system that will notify the owner
or operator of a pump failure.
c. If off-site improvements modify the quantities of regulated and unregulated off-
site impervious area,the Applicant must update Section 2, item "d"and Section 8
of the
C.3 Data Form to reflect those changes.
69. DEVELOPER STORM WATER QUALITY RESPONSIBILITY—The Applicant is responsible for
ensuring that all contractors including subcontractors are aware of all stormwater
quality measures and implement such measures.The Applicant shall perform all
construction activities in accordance with approved Improvement Plans, Los Gatos
Town Code Chapter 12—Grading, Erosion and Sediment Control, and the National
Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with
these rules and regulations will result in the issuance of correction notices, citations, or
a project stop order.
70. SITE DRAINAGE—Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed. Any storm drains(public or private) directly connected to
public storm system shall be stenciled/signed with appropriate "NO DUMPING - Flows
to Bay" NPDES required language using methods approved by the Town Engineer on
all storm inlets surrounding and within the project parcel. Furthermore, storm drains
shall be designed to serve exclusively stormwater. Dual-purpose storm drains that
switch to sanitary sewer are not permitted in the Town of Los Gatos. No
improvements shall obstruct or divert runoff to the detriment of an adjacent,
downstream or down slope property.
71. OFF-SITE DRAINAGE—The Applicant shall not alter any existing drainage patterns
without an approved Grading Permit.
72. CLEAN, INSPECT,AND REPAIR STORM LINE—If the project will connect to the public
storm drainage system,the Applicant is required to evaluate the conditions of the
existing storm lines along the project frontage by videotaping and providing the result
to the Town Engineer.The Applicant shall clean and inspect (via remote TV camera)the
storm line from the manhole upstream to the manhole downstream of the project
area.The video inspection shall be done by a professional video inspection company
and be completed prior to building permit issuance.The video of the inspection shall
be reviewed with PPW and any cracked, broken,or otherwise compromised integrity is
found, the areas of the line along the project frontage shall be repaired by the
Applicant at the applicant's expense.The Applicant shall include the required repairs
on the Improvement Plans submitted.All necessary repairs to the storm line shall be
completed and approved prior to the project connecting to the storm drainage system.
73. GRADING & DRAINAGE WINTER MORATORIUM—All grading activity shall comply with
the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There
shall be no earthwork disturbance or grading activities between October 15th and April
15th of each year unless approved by the Town Engineer. In order to be considered for
approval, the Applicant must submit a Winterization Erosion Control Plan certified by a
California certified QSD to the Town Engineer for review and approval. If grading is
allowed during the rainy season, a maximum of two (2)weeks is allowed between
clearing of an area and stabilizing/building on the exposed area.The submission of a
certified plan does not guarantee approval. Any approved and executed plan must be
kept on-site while the project is in construction.
74_ SWPPP AND EROSION CONTROL—The Applicant shall prepare and submit a
comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim
and final erosion control plans to the Town Engineer for review and approval.The
interim erosion control plan(s) shall include measures carried out during construction
before final landscaping is installed. Multiple phases of interim erosion control plans
may be necessary depending on the complexity of the project. Interim erosion control
best management practices may include silt fences, fiber rolls, erosion control
blankets,Town approved seeding mixtures, filter berms, check dams, retention
basins, etc.The Applicant shall ensure a Qualified SWPPP Developer(QSD)or
Qualified SWPPP Practitioner(QSP) monitors erosion and sediment control as
required by the Construction General Permit.The Applicant must take measures to
ensure continuous compliance with the Construction General Permit,and shall install,
maintain, and modify the erosion control measures as needed to continuously protect
downstream water quality. In the event an emergency modification is deemed
necessary,the Applicant is to implement necessary measures to protect downstream
waterways immediately and then submit the changes made within 24-hours to the
Town Engineer for review and approval.The Applicant shall provide the Town
Engineer the assigned Notice of Intent (N01) permit number received after filing a
Notice of Intent under the Construction Stormwater General Permit.The erosion
control plans and SWPPP shall comply with applicable measures contained in the
most current Santa Clara County National Pollutant Discharge Elimination System
(NPDES) Municipal Regional Permit(MRP). All test submitted to the regional board
must also be submitted to the Town Engineer.Any fees or penalties assessed against
the Town in response to the Applicant's failure to comply with the Permit must be
paid by the Applicant.The Applicant must permit Town staff onsite to conduct
periodic NPDES inspections throughout the recognized storm season to verify
compliance with the Construction General Permit and Stormwater ordinances and
regulations.
75. SITE TRIANGLE AND TRAFFIC VIEW AREA—Fencing, landscaping, and permanent
structures shall be less than 3-feet in height or have a minimum vertical clearance of
7.5-feet if located within the driveway view area,traffic view area, or corner sight
triangle.The driveway and intersection site triangles are represented on Town
Standard Drawing ST-231.The traffic view area and corner sight triangle are shown on
Town Standard Drawing ST-232 and addressed on sheet C-4 and traffic report by
Hexagon.This includes all above ground obstructions including utility structures, for
example electric transformers.The various clearance lines shall be shown on the site
plan to demonstrate compliance.
76. GEOTECHNICAL REVIEW—Prior to building permit issuance, the Applicant's
Geotechnical Engineer shall review and approve all geotechnical aspects of the project
building and grading plans (i.e., site preparation and grading, site surface and
subsurface drainage improvements, and design parameters for foundations, etc.) to
ensure that the recommendations by Quantum's"Geotechnical Investigation" dated
August 2, 2024 and ENGEO's "Preliminary Fault Evaluation Report" dated August 1,
2024 have been properly incorporated or provide recommended revisions necessary.
The Applicant shall submit the results of the geotechnical plan review organized by the
Project Geotechnical Consultants in a letter and submitted to the Town for review by
the Town Engineer.The geotechnical engineer shall review the grading and drainage
plan and proposed pavement and foundation design to verify that the design is in
accordance with their recommendations.The Applicant's Geotechnical Engineer's
approval shall be conveyed to the Town either by letter or by signing and stamping the
plans.All grading operations and soil compaction activities shall be per the approved
project's design level geotechnical report.The Applicant shall add this condition to the
general notes on the grading plan.
77. GEOTECHNICAL ENGINEER OBSERVATION—All grading activities shall be conducted
under the observation of, and tested by, a licensed geotechnical engineer.A report
shall be filed with the Town of Los Gatos for each phase of construction stating that all
grading activities were performed in conformance with the requirements of the
project's design level geotechnical report.The Applicant shall submit a Final
Geotechnical Construction Observation and Testing Summary in an "as-built"
letter/report prepared and submitted to the Town prior to issuance of the certificate
of occupancy.The Applicant shall add this condition to the general notes on the
grading plan.
78. PRECONSTRUCTION MEETING—After the issuance of any Grading or Encroachment
permit and before the commencement of any on or off-site work, the Applicant shall
request a pre-construction meeting with the PPW Inspector to discuss the project
conditions of approval,working hours,site maintenance, and other construction
matters. At that meeting, the Applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval;
b. They will require that all project sub-contractors read and understand these
project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at
all times during construction.
79. FLOOR DRAINS—All floor drains shall be plumbed to connect to the sanitary sewer
system only. Site design must facilitate drainage away from building floor drains.
80. GARBAGE/RECYCLE STORAGE AND SERVICE—The Applicant shall provide adequate area
for the purposes of storing garbage and recycling collection containers for scheduled
servicing by the Town's solid waste collection provider.The collection containers shall
be brought out to the driveway on the day of service and returned to the property
garages by the property owner that same day.The containers are not to be in public
view or in the public right-of-way prior to or beyond the scheduled service times. A
letter from West Valley Collection and Recycling confirming serviceability and site
accessibility shall be provided to the Town Engineer for approval prior to the approval
of an occupancy permit.
81. SITE LANDSCAPING COORDINATION —The Applicant shall coordinate the overall site
landscaping and the stormwater treatment area landscaping.Stormwater treatment
areas should be identified on the site first, and then site landscaping to make sure the
correct plant material is identified for each area. Some site landscaping plant material
may not be suitable in stormwater treatment areas due to the nature of the facility.
Sanitary sewer facilities cannot be aligned through stormwater treatment facilities.
82. TRANSPORTATION DEMAND MANAGEMENT("TDM") PLAN—Consistent with General
Plan TDM policy(Policy MOB-1.1), the Applicant shall submit a Transportation Demand
Management Plan prior to the issuance of any building permit.The TDM plan shall be
consistent with the Local Transportation Analysis by Hexagon Transportation
Consultants dated December 20, 2024 and may include the measures such as bicycle
facility provisions,shower facilities, local shuttle service, transit passes and subsidies,
carpool incentive, designated car share parking, and other measures that may be
required by the Town Engineer.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP OR
PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
83. DEDICATIONS—The Applicant or owner shall dedicate a three (3)foot wide strip of land
to the Town in fee along Garden Lane frontage.
84. QUITCLAIM OF EASEMENT(S)—The Applicant has indicated that the existing 10-foot
ingress and egress easement per 4407 OR 725 and Sanitary Sewer Easement per E623
OR 177 in favor of APN 424-19-069 will be abandoned.This abandonment shall be
recorded, and an electronic copy (PDF)of the recorded quitclaim shall be submitted to
the Town Engineer prior to issuance of a grading or building permit.The existing sewer
line serving APN 424-19-069 shall be re-routed to the onsite sanitary sewer system.
85. TEMPORARY CONSTRUCTION EASEMENT — Prior to the issuance of a grading or
building permit, it shall be the sole responsibility of the project to obtain any and all
proposed or required easements and/or permissions necessary to perform any work
on neighboring private property herein proposed. Proof of agreement/approval is
required prior to the issuance of any Permit.
86. SUBDIVISION (FINAL) MAP—The Applicant shall have a subdivision map, prepared by a
person authorized to practice land surveying in California, delineating all parcels
created or deleted and all changes in lot lines in conformance with the Los Gatos Town
Code and the Subdivision Map Act. Existing buildings shall be demolished prior to the
recordation of the map if they will conflict with any newly created lot line.The Town
Council must approve all Final Maps.The Town Council meeting will be scheduled
approximately fifty -
(50)days after the Final Map, Public Improvement Plans, Stormwater Treatment
Facilities Maintenance Agreement, Landscape Maintenance Agreement, and
Subdivision Improvement Agreement are approved by the Town Engineer.The Final
Subdivision Map shall be approved by PPW and recorded by the County Recorder's
Office prior to the issuance of the first building permit. In lieu of the Town Clerk's
Office coordinating the recordation of the Final Map(s) with the County,the Applicant
may submit a map guarantee by the Applicant's title company for the release of the
signed Final Map to the title company for recordation. Prior to the Town's release of
the Final Map,the Town Engineer may require the Applicant to submit to the Town an
electronic copy of the map in the AutoCAD Version being used by the Town at the time
of recordation. It is the Applicant's responsibility to check with their title company and
the County Recorder's Office to determine the time necessary to have the map
recorded after Town approval.
87. SUBDIVISION IMPROVEMENT AGREEMENT("SIA")—The Applicant shall enter as a
contractor into an agreement with the Town per Town Code Section 24.40.020, Gov.
Code Section 66462(a), and shall arrange to provide Payment and Performance bonds
each for 100 percent of the cost of public infrastructure improvements to be
constructed in the public right-of-way.These improvements shall include, but not be
limited to, roadway construction, sidewalk, curb and gutter, storm lines, streetlights,
and signal equipment.Town Standard insurance shall be provided per the terms of the
agreement. The agreement will be forwarded to the Town Council for approval with
project Final Map. The SIA shall be approved by the Town Council prior Parcel or Final
Map.
88. MONUMENTS—The Applicant shall arrange for the engineer to have all monuments
set per the recorded map. A certificate letter by the Surveyor or Engineer stating the
monuments are set per plan shall be provided to the Town Engineer prior to final
certificate of occupancy.
89. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R)—The Applicant shall prepare and
submit draft project Covenants, Conditions and Restrictions (CC&R) for the project.
The CC&Rs shall be submitted with the project map for review and approval of the
Town Engineer, the Town Attorney, and the Planning Manager.The CC&Rs shall
include relevant project Conditions of Approval and shall include language that
restricts the Homeowner's Association from making changes to the CC&Rs without
first obtaining approval from the Town. References to the Stormwater Treatment
Facilities Maintenance Agreement obligations shall be incorporated. The CC&Rs shall
be reviewed and approved prior to the Town Council approval of the Final map.
90. PAYMENT OF WEST VALLEY SANITATION DISTRICT FEES—All sewer connection and
treatment plant capacity fees shall be paid either immediately prior to the recordation
of any maps or immediately prior to the issuance of a sewer connection permit, which
ever event occurs first. Written confirmation of payment of these fees shall be
provided to the Town Engineer prior to map recordation.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST,
OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
91. RECORD DRAWINGS—The Applicant shall submit a scanned PDF set of stamped record
drawings and construction specifications for all off-site improvements to the
Department of Parks and Public Works. All underground facilities shall be shown on
the record drawings as constructed in the field.The Applicant shall also provide the
Town with an electronic copy of the record drawings in the AutoCAD Version being
used by the Town at the time of completion of the work.The Applicant shall also
submit an AutoCAD drawing file of all consultants composite basemap linework
showing all public improvements and utility layouts.This condition shall be met prior
to the release of securities required by the SIA.
92. RESTORATION OF PUBLIC IMPROVEMENTS—The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed
during construction to the extent caused by the project itself. Improvements such as,
but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements,
raised pavement markers, thermoplastic pavement markings, etc., shall be repaired
or replaced to a condition equal to or better than the original condition. Any new
concrete shall be free of stamps, logos, names,graffiti, etc. Existing improvement to
be repaired or replaced shall be at the direction of the PPW Inspector and shall
comply with all Title 24 Disabled Access provisions.The restoration of all
improvements identified by the PPW Inspector shall be completed before the release
of securities required by the SIA.The Applicant shall request a walk-through with the
PPW Inspector before the start of construction to verify existing conditions.
93. PAVEMENT RESTORATION —Due to construction activities, new utility cuts along the
project frontage, and the anticipated project's truck traffic, the Applicant shall grind
and provide a 2.5" overlay with asphalt concrete for the entire width of the
southbound roadway of Los Gatos Boulevard along the entire property length and the
full width of Garden Lane including the intersection of Garden Lane and Oak Park Drive.
Prior to overlay, any base failure repair or required dig-outs identified by the PPW
Inspector shall be completed.The Town Engineer shall approve the roadway repair
prior to release of securities required by the SIA.
94. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT—The Applicant
shall execute and record a Stormwater Treatment Facilities Maintenance Agreement to
ensure perpetual maintenance of the regulated project's treatment facilities.The
agreement shall outline the operation and maintenance (O&M) plan for the permanent
storm water treatment facilities.The Town-Standard Stormwater BMP Operation and
Maintenance Agreement will be provided by PPW upon request.The agreement shall
be executed prior to occupancy of the first building and include the following:
a. The property owner shall operate and maintain all on-site stormwater
treatment facilities in good condition and promptly repair/replace any
malfunctioning components.
b. The property owner shall inspect the stormwater treatment facilities at least twice
per year and submit an inspection report to PPW at
PPW_Stormwater@losgatosca.gov no later than October 1st for the Fall report, and
no later than March 15th of the following year for the Winter report. Once in fall
before October 1st in preparation for the wet season, and once in winter before
March 15th. Written records shall be kept of all inspections and shall include, at
minimum,the following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and
vii. As applicable,the need for site re-inspection.
c. The property owner shall not make any design changes to the system with the
Town's approval.
d. The property owner(s)shall develop a maintenance and replacement schedule for
the stormwater treatment facilities that describes maintenance frequency and
responsibility.This maintenance schedule shall be included with the approved
Stormwater Treatment Facilities Maintenance Agreement.
e. The property owner(s) shall reimburse the Town for the cost of site
inspections required under the Municipal Regional Permit.
f. The property owner(s) shall authorize Town Staff to perform maintenance and/or
repair work and to recover the costs from the property owner in the event that
maintenance or repair is neglected, or the stormwater management facility
becomes a danger to public health or safety.
95. STORMWATER MANAGEMENT FACILITIES INSPECTION—Prior to final inspection, the
Applicant must facilitate the testing of all stormwater facilities by a certified QSP or
QSD to confirm the facilities are meeting the minimum design infiltration rate. All tests
shall be made at on 20 ft x 20 ft grid pattern over the surface of the completed
stormwater facility unless otherwise approved by the Town Engineer. All soil
properties for all stormwater facilities shall be evaluated by the geotechnical engineer.
Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety
factors) at horizontal and vertical (at the depth of the stormwater facility) shall be
conducted for each stormwater facility. A 50 percent safety factor shall be applied to
the calculated percolation test and shall be used as the basis for design (the design
percolation rate).The geotechnical report shall include a section designated for
stormwater design, including percolation results and design parameters.Sequence of
construction for all stormwater facilities (bioswales, detention/retention basins, drain
rock, etc.) shall be done toward final phases of project to prevent silting of the
stormwater treatment facilities.
96. LANDSCAPE MAINTENANCE AGREEMENT—The Applicant shall enter into a Landscape
Maintenance Agreement with the Town of Los Gatos in which the Applicant agrees to
maintain the vegetated areas along the project's Los Gatos Boulevard and Garden Lane
frontages located within the public right-of-way.The agreement must be executed and
accepted by the Town Attorney prior to the issuance of any occupancy permit.
97. EMERGENCY RESPONDER RADIO COVERAGE—All new buildings, including parking
garages and hospitals, shall have approved radio coverage for emergency responders
throughout their interiors. Prior to issuance of the final occupancy permit,the
Applicant shall conduct a radio signal survey demonstrating compliance with Section
510 of the California Fire Code and the applicable provisions of NFPA 72 (National Fire
Alarm and Signaling Code) and NFPA 1221 (Standard for the Installation, Maintenance,
and Use of Emergency Services Communications Systems). Radio coverage must meet a
minimum signal strength of-95 dBm, ensuring at least 95 percent coverage throughout
general building areas and 99 percent coverage within critical areas, as defined by
these standards. If the survey shows inadequate coverage, the Applicant shall install an
approved Emergency Responder Radio Coverage System (ERRCS), such as an FCC-
certified signal booster or distributed antenna system (DAS), meeting the requirements
of the California Fire Code and referenced NFPA standards.All ERRCS installations must
include battery backup, monitoring systems, and shall be tested and approved by the
Fire Marshal (or designee) prior to occupancy.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION,AT THAT TIME.
98. PROJECT CONSTRUCTION SETUP—All storage and office trailers will be kept off the
public right-of-way.
99. PUBLIC WORKS CONSTRUCTION NOTICE—The contractor shall notify the PPW Inspector
at least ten (10) working days prior to the start of any construction work. At that time,
the Contractor shall provide an initial project construction schedule and a 24-hour
emergency telephone number list.
100. PROJECT CONSTRUCTION SCHEDULE—The contractor shall submit the project schedule
in a static PDF 11"x17"format and Microsoft Project, or an approved equal.The
Contractor shall identify the scheduled critical path for the installation of
improvements to the approval of the Town Engineer.The schedule shall be updated
monthly and submitted to the PPW Inspector in the same formats as the original.
101. PROJECT CONSTRUCTION HANDOUT—The Contractor shall provide to the Town
Engineer an approved construction information handout for the purpose of
responding to questions the Town receives regarding the project construction.
102. PROJECT CONSTRUCTION SUPERVISION—The Contractor shall always provide a
qualified supervisor on the job site during construction.
103. PUBLIC WORKS CONSTRUCTION INSPECTION—All work shown on the Improvement
Plans shall be inspected to the approval of the Town Engineer. Uninspected work shall
be removed as deemed appropriate by the Town Engineer.
104. PROJECT CONSTRUCTION HOURS—Construction activities related to the issuance of any
PPW permit shall be restricted to the weekday between 8:00 a.m. and 6:00 p.m. and
Saturday 9:00 a.m.to 4:00 p.m. No work shall be done on Sundays or on Town Holidays
unless otherwise approved by the Town Engineer. Please note that no work shall be
allowed to take place within the Town right-of-way after 5:00 p.m. Monday through
Friday. In addition, no work being done under Encroachment Permit may be performed
on the weekend unless prior approvals have been granted by the Town Engineer. The
Town Engineer may apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school
commute routes. Onsite project signage must state the project construction hours.The
permitted construction hours may be modified if the Town Engineer finds that the
following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed
to complete the project without an unreasonable impact to the neighborhood.
b. Permitting extended hours of construction is required to accommodate a
construction requirement such as a large concrete pour or major road closure. Such
a need would be presented by the project's design engineer and require approval
of the Town Engineer.
c. An emergency situation exists where the construction work is necessary to correct
an unsafe or dangerous condition resulting in obvious and eminent peril to public
health and safety. If such a condition exists,the Town may waive any of the
remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval required by
the Town to mitigate significant environmental impacts.
e. The contractor or property owner will notify residential and commercial occupants
of adjacent properties of the modified construction work hours.This notification
must be provided three days prior to the start of the extended construction activity.
f. The approved hours of construction activity will be posted at the construction site
in a place and manner that can be easily viewed by any interested member of the
public.
g. The Town Engineer may revoke the extended work hours at any time if the
contractor or owner of the property fails to abide by the conditions of extended
work hours or if it is determined that the peace, comfort, and tranquility of the
occupants of adjacent residential or commercial properties are impaired because
of the location and nature of the construction.
h. The waiver application must be submitted to the PPW Inspector ten (10) working
days prior to the requested date of waiver.
105. PROJECT CONSTRUCTION BMPs—All construction activities shall conform to the
latest requirements of the CASQA Stormwater Best Management Practices
Handbooks for Construction Activities and New Development and Redevelopment,
the Town's grading and erosion control ordinances,the project specific temporary
erosion control plan, and other generally accepted engineering practices for erosion
control as required by the Town Engineer when undertaking construction activities.
106. PROJECT CONSTRUCTION EXCAVATION—The following provisions to control
traffic congestion, noise,and dust shall be followed during site excavation,
grading, and construction:
a. All construction vehicles should be properly maintained and equipped with
exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour.
c. 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.
d. Water trucks shall be present and in use at the construction site. All portions of
the site subject to blowing dust shall be watered as often as deemed necessary
by the Town, or a minimum of three times daily, or apply(non-toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to ensure proper control of blowing dust for the
duration of the project.
e. Watering on public streets and wash down of dirt and debris into storm drain
systems is prohibited. Streets will be cleaned by street sweepers or by hand as
often as deemed necessary by the PPW Inspector, or at least once a day. Watering
associated with on-site construction activity shall take place between the hours of
8 a.m. and 5
p.m. and shall include at least one late-afternoon watering to minimize the effects of
blowing dust. Recycled water shall be used for construction watering to manage dust
control where possible, as determined by the Town Engineer. Where recycled water
is not available potable water shall be used.All potable construction water from fire
hydrants shall be coordinated with the San Jose Water Company.
f. All public streets soiled or littered due to this construction activity shall be cleaned
and swept on a daily basis during the workweek to the satisfaction of the
Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions in excess of
25 miles per hour, or that in the opinion of the PPW Inspector cause excessive
neighborhood dust problems.
h. Site dirt shall not be tracked into the public right-of-way and shall be cleaned
immediately if tracked into the public right-of-way. Mud, silt, concrete and
other construction debris shall not be washed into the Town's storm drains.
i. Construction activities shall be scheduled so that paving and foundation
placement begin immediately upon completion of grading operation.
j. All aggregate materials transported to and from the site shall be covered in
accordance with Section 23114 of the California Vehicle Code during transit to
and from the site.
k. Prior to issuance of any permit,the Applicant shall submit any applicable pedestrian
or traffic detour plans to the satisfaction of the Town Engineer for any lane or
sidewalk closures.The temporary traffic control plan shall be prepared by a licensed
professional engineer with experience in preparing such plans and in accordance
with the requirements of the latest edition of the California Manual on Uniform
Traffic Control Devices (MUTCD) and standard construction practices.The Traffic
Control Plan shall be approved prior to the commencement of any work within the
public right-of-way.
I. During construction,the Applicant shall make accessible any or all public and
private utilities within the area impacted by construction, as directed by the Town
Engineer.
m. The minimum soils sampling and testing frequency shall conform to Chapter 8 of
the Caltrans Construction Manual.The Applicant shall require the soils engineer
submit to daily testing and sampling reports to the Town Engineer.
107. MATERIAL HAULING ROUTE AND PERMIT—For material delivery vehicles equal to, or
larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the
Applicant shall submit a truck hauling route that conforms to Town of Los Gatos
Standards for approval. Note that the Town requires a Haul Permit be issued for any
hauling activities.The Applicant shall require contractors to prohibit trucks from using
"compression release engine brakes" on residential streets.The haul route for this
project unless otherwise approved by the Town Engineer, shall be Los Gatos Boulevard
to Highway 85 or Lark Avenue to Highway 17.A letter from the Applicant confirming
the intention to use the designated haul route shall be submitted to the Town Engineer
for review and approval prior to the issuance of any Town permits. All material hauling
activities including but not limited to, adherence to the approved route, hours of
operation, staging of materials, dust control and street maintenance shall be the
responsibility of the Applicant. Hauling of soil on-or off-site shall not occur during the
morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00
p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer.The
Applicant must provide an approved method of cleaning tires and trimming loads on
site. All material hauling activities shall be done in accordance with applicable Town
ordinances and conditions of approval.
108. PROJECT CLOSE-OUT—Prior to requesting a Final Inspection,the Applicant shall submit
to the Town Engineer a letter indicating that all project conditions have been met,.and
all improvements are complete. All work must be completed to the satisfaction of the
Planning Director and Town Engineer prior to the first occupancy.All public
improvements, including the complete installation of all improvements relative to
streets, fencing, storm drainage, underground utilities, etc., shall be completed and
attested to by the Town Engineer before approval of occupancy of any unit. Where
facilities of other agencies are involved, including those for water and sanitary sewer
services, such installation shall be verified as having been completed and accepted by
those agencies. In addition, the Applicant shall submit an itemized final quantities list of
all public improvements constructed on-site and within the public right-of-way.The
final quantities list shall be prepared by the project engineer and be to the approval of
the Town Engineer.The final quantities list shall be broken out into on-site and off-site
improvements based on the format provided by the Town. Until such time as all
required improvements are fully completed and accepted by Town,the Applicant shall
be responsible for the care, maintenance, and any damage to such improvements.
Town shall not, nor shall any officer or employee thereof, be liable or responsible for
any accident, loss or damage, regardless of cause, happening or occurring to the work
or improvements required for this project prior to the completion and acceptance of
the work or Improvements.All such risks shall be the responsibility of and are hereby
assumed by the Applicant.
109. HOLIDAY CONSTRUCTION MORATORIUM —Due to concerns for business impacts
during the holiday season (defined as starting the Monday of Thanksgiving week
through January 1),there shall be no construction activities within the right-of-way
which would create lane closures, eliminate parking, create pedestrian detours, or
other activities that may create a major disturbance as determined by the Town
Engineer.
110. CONSTRUCTION WORKER PARKING—The Applicant shall provide a Construction
Parking Plan that minimizes the effect of construction worker parking in the
neighborhood and shall include an estimate of the number of workers that will be
present on the site during the various phases of construction and indicate where
sufficient off-street parking will be utilized and identify any locations for off-site
material deliveries. Said plan shall be approved by the Town Engineer prior to issuance
of Town permits and shall be complied with at all times during construction. Failure to
enforce the parking plan may result in suspension of the Town permits. No vehicle
having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000)
pounds shall be allowed to park on the portion of a street which abuts property in a
residential zone without prior approval from the Town Engineer(§15.40.070).
111. SITE WATER DISCHARGE—In accordance with the Town Code, Prohibition of Illegal
Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may approve
in coordination West Valley Sanitation District the discharge of uncontaminated
pumped ground waters to the sanitary sewer only when such source is deemed
unacceptable by State and Federal authorities for discharge to surface waters of the
United States, whether pretreated or untreated, and for which no reasonable
alternative method of disposal is available. Following the verification of the applicable
local,state and/or federal approvals, a Discharge Plan will be approved and monitored
by the Town Engineer.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE
PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES.
112. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP)—Post construction storm
water pollution prevention requirements shall include:
a. The Applicant shall be charged the cost of abatement for issues associated with,
but not limited to, inspection of the private stormwater facilities,emergency
maintenance needed to protect public health or watercourses, and facility
replacement or repair if the treatment facility is no longer able to meet
performance standards or has deteriorated.Any abatement activity performed on
the Applicant's property by Town staff will be charged to the Applicant at the
Town's adopted fully loaded hourly rates.
b. Maintenance of the storm drain inlets"No Dumping—Drains to Bay" plaques to
alert the public to the destination of storm water and to prevent direct discharge
of pollutants into the storm drain.Template ordering information is available at
www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and
similar chemical products, as well as petroleum-based wastes, tallow, and grease
planned for storage outdoors shall be stored in covered containers at all times.
d. All public outdoor spaces and trails shall include installation and upkeep of dog
waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with
permanent covers to prevent exposure of trash to rain.Trash enclosure drains shall
be connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to
implement a plan for street sweeping of paved private roads and cleaning of all
storm drain inlets.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
113. GENERAL: Construction documents shall be consistent with the approved entitlement
plans and Santa Clara County Fire Department AMMR PC 24-4857. 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.
114. MODIFIED FIRE SPRINKLERS REQUIRED: (As Noted on Sheet PI-1 and approved AMMR
PC 24-4857)Approved automatic sprinkler systems in new and existing buildings and
structures shall be provided in the locations described in this Section or in Sections
903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this
section, firewalls used to separate building areas shall be constructed in accordance
with the California Building Code and shall be without openings or penetrations. NOTE:
The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any modification
or upgrade of the existing water service is required.A State of California licensed (C-16)
Fire Protection Contractor shall submit plans,calculations, a completed permit
application and appropriate fees to this department for review and approval prior to
beginning their work. CFC Sec. 903.2. Make a note on building permit set cover sheet
that an approved AMMR is included and an upgraded sprinkler system will be installed.
A copy of the Alternate Means/Methods application form,with approval signature, and
these comments shall be made part of the building permit drawing set, to be routed to
Santa Clara County Fire Department for final approval.
115. FIRE ALARM REQUIREMENTS: (As Noted on Sheet PI-1) Refer to CFC Sec. 907 and the
currently adopted edition of NFPA 72. Submit shop drawings(3 sets)and a permit
application to the SCCFD for approval before installing or altering any system. Call
(408) 341-4420 for more information.
116. BUILDINGS AND FACILITIES ACCESS: (As Noted and consistent with Sheet C-8 and
AMMR PC 24-4857)Approved fire apparatus access roads shall be provided for every
facility, building or portion of a building hereafter constructed or moved into or with
the jurisdiction.The fire apparatus access road shall comply with the requirements of
this section and shall extend to within 150 feet of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by an
approved route around the exterior of the building or facility. [CFC, Section 503.1.1].
117. FIRE APPARATUS(AERIAL)ACCESS ROADWAYS: (AMMR PC24-4857 approved)Where the
vertical distance between the grade plane and the highest roof surface exceeds 30 feet
(9144 mm), approved aerial fire apparatus access roads shall be provided per AMMR PC
24-4857. For purposes of this section,the highest roof surface shall be determined by
measurement to the eave of a pitched roof,the intersection of the roof to the exterior
wall, or the top of parapet walls, whichever is greater. Exception: Where approved by
the fire code official, buildings of Type IA,Type IB or Type IIA construction equipped
throughout with an automatic sprinkler system in accordance with Section 903.3.1.1
and having firefighter access through an enclosed stairway with a Class I stand pipe
from the lowest level of fire department vehicle access to all roof surfaces. Overhead
utility and power lines shall not be located within the aerial fire apparatus access
roadway. Width: Fire apparatus access roads shall have a minimum unobstructed width
of 26 feet (7925) in the immediate vicinity of any building or portion of building more
than 30 feet(9144 mm) in height.
Proximity to building:At least one of the required access routes meeting this condition
shall be located within a minimum of 15 feet(4572)and a maximum of 30 feet
(9144mm)from the building, and shall be positioned parallel to one entire side of the
building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1].
118. FIRE APPARATUS (ENGINE)ACCESS ROADWAYS: (As Noted on Sheet C-8) Provide an
access roadway with a paved all-weather surface, a minimum unobstructed width of
20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of
30 feet inside, 50 feet outside, and a maximum slope of 15%. Surface shall be capable
of supporting 75K pounds. Installations shall conform to Fire Department Standard
Details and Specifications sheet A-1. CFC Sec. 503.
119. TURNING RADIUS: (As Noted on Sheet C-8)The minimum inside turning radius is 30
feet and outside turning radius is 50 feet for required access roadways. Greater radius
up to 60 feet may be required where the Fire Department determines that Ladder
Truck access is required.Circulating refers to travel along a roadway without dead
ends.
120. REQUIRED FIRE FLOW:The fire flow for this project is 4000 GPM at 20 psi residual
pressure. If an automatic fire sprinkler system will be installed,the fire flow will be
reduced by 25%, establishing a required adjusted fire flow of 3000 GPM at 20 psi
residual pressure. Note:The minimum required number and spacing of the hydrants
shall be in accordance with CFC Table C102.1.
121. PUBLIC FIRE HYDRANT REQUIRED: (As Noted on Sheet C-8) Provide a public fire
hydrant at a final location to be determined jointly by the Fire Department and San
Jose Water Company. Maximum distance of 315 feet from the building frontage, 500
ft between hydrants and a maximum of 100 feet from the FDC,with a minimum
hydrant flow of 3000 GPM @ 20 psi residual. Fire hydrants shall be provided along
required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and
Appendix B and associated Tables, and Appendix C.
122. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C-8)The fire department
connection (FDC) for the structure in support of the sprinkler system shall be installed
at the street on the street address side of the building. It shall be located within 100
feet of a public fire hydrant and within ten (10)feet of the main PIV(unless otherwise
approved by the Chief due to practical difficulties). FDC's shall be equipped with a
minimum of two (2), two-and-one-half(2- 1/2") inch national standard threaded inlet
couplings. Orientation of the FDC shall be such that hose lines may be readily and
conveniently attached to the inlets without interference. FDC's shall be painted safety
yellow [SCCFD,SP-2 Standard].
123. GROUND LADDER ACCESS: (As Noted on Sheets FE) Ground-ladder rescue from second
and third floor rooms with egress windows, shall be made possible for fire department
operations. With the climbing angle of seventy-five degrees maintained, an
approximate walkway width along either side of the building shall be no less than seven
feet clear. Landscaping shall not be allowed to interfere with the required access. CFC
Sec. 503 and 1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9. Ladder access (one for each
emergency egress window)of an all-weather supportive surface along with an
approved access walkway leading from the fire apparatus access road to them, shall be
provided.
124. 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). [2022 CFC Sec. 903.3.5 and
Health and Safety Code 13114.7].
125. CONSTRUCTION SITE FIRE SAFETY:All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification 51-7.
Provide appropriate notations on subsequent plan submittals,as appropriate to the
project. [CFC Chp. 33].
126. 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.
127. FIRE LANES REQUIRED: (As Noted on Sheet C-8)The minimum clear width of fire
department access roads shall be 20 feet.The minimum outside turning radius is 50
feet for required circulating access roadways. Fire apparatus access roads shall be
designated and marked as a fire lane as set forth in Section 22500.1 of the California
Vehicle Code.
128. PARKING:When parking is permitted on streets, in both
residential/commercial applications, it shall conform to the following:
a. Parking is permitted both sides of the street with street widths of 36 feet or more
b. Parking is permitted on one side of the street with street widths of 28—35 feet
c. No parking is permitted when street widths are less than 28 feet
NOTE: Fire lane and turnaround striping shall be provided and verified by site inspection.
129. 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].