Exhibit 23 - Recommended Conditions of Approval
PLANNING COMMISSION – October 29, 2025
CONDITIONS OF APPROVAL
14859, 14917, and 14925 Los Gatos Boulevard; 16250, 16260, 16270, and 16392 Burton Road; and Assessor Parcel Number 424-07-116
Architecture and Site Application S-23-031
Subdivision Application M-23-005
Consider a Request for Approval to Construct a Mixed-Use Residential
Development (450 Units), a Vesting Tentative Map, Site Improvements
Requiring a Grading Permit, and Removal of Large Protected Trees Under
Senate Bill 330 (SB 330) on Property Zoned North Forty Specific Plan: Housing
Element Overlay Zone. Located at 14859, 14917, 14925, and 16392 Los Gatos
Boulevard; 16250, 16260, and 16270 Burton Road; and Assessor Parcel
Number 424-07-116. APNs 424-07-009, -052, -053, -081, -094, -095, -115, and
-116. Additional Environmental Review is Necessary Pursuant to CEQA
Guidelines Section 15183: Projects Consistent with a Community Plan, General
Plan, or Zoning Since the Proposed Project’s Environmental Impacts were
Adequately Addressed in the 2040 General Plan EIR.
Property Owner: Yuki Farms LLC
Applicant: Grosvenor Property Americas c/o Steve Buster
Project Planner: Jocelyn Shoopman
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 April 17, 2023, and these conditions of approval conform to those ordinances,
policies, and standards. This application shall be completed in accordance with all of
the conditions of approval and in substantial compliance with the approved plans.
Any changes or modifications to the approved plans and/or business operation shall
be approved by the Community Development Director, DRC, or the Planning
Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire upon the later to occur of expiration of
the vesting tentative map or two- and one-half years from the final approval
date, pursuant to subparagraph (D) of paragraph (2) of subdivision (o) of Section
65589.5 of the Government Code, unless the project has commenced
construction. If the final subdivision map is recorded in phases, the life of the
approval will be extended pursuant to Section 66452.6.
3. BELOW MARKET PRICE (BMP) UNITS, MIXED-USE BUILDING: The developer shall
provide 10 BMP units (low-income) as part of the mixed-use building (Building
E1). “BMP Units” are dwelling units to be rented at affordable rent to lower
income households for a 55-year period, as defined by the Town’s applicable
BMP Program Guidelines and the applicable BMP Resolution, state density
EXHIBIT 23
bonus law (Government Code Section 65915 et seq.), and the Housing
Accountability Act (Government Code Section 65589.5). A deed restriction shall
be recorded prior to the issuance of any building permits for residential units in
the mixed-use building providing for 10 BMP Units in Building E1.
4. BELOW MARKET PRICE (BMP) UNITS, AFFORDABLE BUILDING: The developer
shall provide 67 BMP Units as part of the affordable housing building (Building
G1). A deed restriction shall be recorded prior to the issuance of any building
permits for residential units in the affordable housing building providing for 67
BMP units in Building G1.
5. AFFORDABLE HOUSING AGREEMENT: Prior to approval of any final or parcel
map or issuance of any building permit for a residential unit, whichever occurs
first, the developer shall execute and record an Affordable Housing Agreement
with the Town in a form subject to the Town Attorney’s approval. The
Affordable Housing Agreement shall provide for construction of the required
BMP Units and facilitate their rental pursuant to applicable provisions of the
BMP Program Guidelines and BMP Resolution in place as of April 17, 2023, state
density bonus law, and the Housing Accountability Act. The applicant may
satisfy this condition through the recordation of the Affordable Housing
Agreement described in Condition 6.
6. PHASING OF THE CONSTRUCTION OF BMP UNITS: Sufficient units to qualify the
project for two incentives or concessions under the State Density Bonus Law
under subdivision (e) of Section 65915 of the Government Code (i.e., 77 BMP
Units of the project’s 450 units) shall be restricted for occupancy by lower
income households, as defined by Section 50079.5 of the Health and Safety
Code, at rents affordable to the assumed household size for each restricted
unit. Such units shall constitute the project’s BMP Units.
Prior to the approval of any final or parcel map or issuance of any building
permits for residential units, whichever occurs first, the applicant shall execute
and record an Affordable Housing Agreement in a form subject to the Town
Attorney’s reasonable approval. The Affordable Housing Agreement shall
require Lot 19 as shown on the vesting tentative map to be developed for 68
units, consisting of 67 BMP Units to be rented to lower income households and
one unrestricted manager’s unit to remain affordable for a minimum of 55
years.
The Affordable Housing Agreement shall also require the applicant to provide at
least 10 BMP Units affordable to lower income households in Building E1 on Lot
18 as shown on the vesting tentative map.
The BMP Units shall be constructed, and building permits and Certificates of
Occupancy secured, so that at all times at least 17 percent of the residential
units with building permits and Certificates of Occupancy are lower income BMP
Units. If BMP units are provided in the project in addition to those planned to be
included in Buildings E1 and G1, the number of BMP Units required in Buildings
E1 and G1 may be reduced, so long as at least 17 percent of the residential units
with building permits and Certificates of Occupancy are BMP Units.
The Affordable Housing Agreement shall require the BMP Units to be rented to
lower income households at affordable rent for a term of 55 years from the
date of the initial occupancy of the BMP Units, and it shall include terms
regarding provisions for marketing, income certification, and screening of
potential renters of BMP Units including the financing of ongoing administrative
and monitoring costs.
7. REPLACEMENT HOUSING OBLIGATIONS: The project will demolish seven single-family
homes, six of which were occupied when the project application was made and one of
which was vacant. The following conditions are required to comply with Government
Code Sections 66300.5 and 66300.6:
a. Required Replacement Units. Information submitted by the applicant shows that
three homes of three bedrooms each are occupied by very low-income
households, and one home of two bedrooms is occupied by a low-income
household. Based on the most recently available data from the United States
Department of Housing and Urban Development’s Comprehensive Housing
Affordability Strategy database, the vacant unit is assumed to have been occupied
by a very low-income household. The affordable housing agreement shall provide
that five replacement units shall be made available to low and very low-income
households for a term of 55 years from the issuance of a certificate of occupancy
or final inspection, as applicable. Three of the units shall contain three bedrooms
each and shall be made available to very low-income households, as defined in
Health & Safety Code Section 50105, at affordable housing cost or affordable rent.
One unit shall contain two bedrooms and shall be made available to low-income
households, as defined in Health & Safety Code Section 50079.5, at affordable
housing cost or affordable rent. The vacant unit shall be replaced by one or more
units of “equivalent size,” as defined in Government Code Section 66300.5(d),
which shall be made available to very low-income households, as defined in
Health & Safety Code Section 50105, at affordable housing cost or affordable rent.
“Affordable housing cost” is as defined in Health & Safety Code Section 50052.5.
“Affordable rent” is as defined in Health & Safety Code Section 50053.
b. Relocation Benefits. Upon project approval, the Town shall retain a relocation
consultant at the applicant’s expense to determine the relocation benefits that
the very low and low-income tenants are entitled to that are equivalent to the
relocation benefits required to be paid by public entities pursuant to Chapter 16
(commencing with Section 7260) of Division 7 of Title 1 of the Government Code
and any implementing regulations. Those benefits shall be paid by the applicant
to those lower income tenants at the time required by the statute and
implementing regulations referenced in the previous sentence. Prior to the
approval of a final map, or issuance of any construction permit, whichever is
earliest, the Town shall verify that all lower income tenants have received the
required relocation benefits.
c. Right to Return. The applicant shall offer all very low and low-income tenants the
right to return to a comparable unit at affordable housing cost or affordable rent.
A “comparable unit” for the very low-income tenants must contain three
bedrooms, and a “comparable unit” for the low-income tenant must contain two
bedrooms.
d. Notice to All Tenants. All tenants must be allowed to remain until at least six
months prior to the start of construction activities. If the applicant decides not to
proceed with the project and returns the homes to the rental market, all existing
tenants are entitled to return to the units at their current rent. The applicant shall
provide written notice to all tenants of these rights at least six months prior to the
date the tenants will be required to vacate the existing units. Prior to issuance of
any construction permit, the applicant shall provide contact information to the
Town for all existing tenants so that they may be informed of their rights should
the project not succeed.
8. OUTDOOR LIGHTING: For the life of the project, 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.
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 an updated arborist
report.
10. EXISTING TREES: All existing protected trees with the potential to be preserved
shown on the plan and trees required to remain or to be planted are specific
subjects of approval of this plan and must remain on the site to the extent
feasible during final design.
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 final
unit within a phase of the final subdivision map, all landscaping within the
phased area must be completed. The meadow must be completed prior to
the Certificate of Occupancy for the final townhome in the project.
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.
18. SIGN PERMIT: A sign permit must be obtained prior to installation of any
permanent new signs, other than those excepted by Section 29.10.110 of the Town
Code.
19. REUSABLE MATERIALS: All reusable materials from residential, commercial, and
construction/renovation activities shall be recycled.
20. NOISE 1: The Town shall include the following measures as standard conditions
of approval for applicable projects involving construction to minimize exposure
to construction vibration:
a. Avoid the use of pile drivers and vibratory rollers (i.e., compactors) within 50
feet of buildings that are susceptible to damage from vibration.
b. Schedule construction activities with the highest potential to produce
vibration to hours with the least potential to affect nearby office uses that
the Federal Transit Administration identifies as sensitive to daytime
vibration.
c. Notify neighbors of scheduled construction activities that would generate
vibration.
21. NOISE 2: For projects involving construction equipment that are located within
25 feet of noise-sensitive receptors the following mitigation would be required:
a. Equipment Staging Areas – Equipment staging shall be located in areas that
will create the greatest distance feasible between construction-related noise
sources and noise-sensitive receptors.
b. Electrically-Powered Tools and Facilities – Electrical power shall be used to
run air compressors and similar power tools and to power any temporary
structures, such as construction trailers or caretaker facilities.
c. Smart Back-up Alarms – Mobile construction equipment shall have smart
back-up alarms that automatically adjust the sound level of the alarm in
response to ambient noise levels. Alternatively, back-up alarms shall be
disabled and replaced with human spotters to ensure safety when mobile
construction equipment is moving in the reverse direction.
d. Additional Noise Attenuation Techniques – During the clearing, earth moving,
grading, and foundation/conditioning phases of construction, temporary
sound barriers shall be installed and maintained between the construction
site and the sensitive receptors. To the extent feasible, temporary sound
barriers shall consist of sound blankets affixed to construction fencing or
temporary solid walls along all sides of the construction site boundary facing
potentially sensitive receptors.
22. ENERGY CONSERVATION AND ENERGY EFFICIENCY:
a. Passive Solar Heating and Cooling. Require new subdivisions to examine the
feasibility of incorporating site layouts that allow for passive solar and
heating and cooling;
b. Solar Orientation. Require new development to incorporate measures that
reduce energy use through solar orientation by taking advantage of shade,
prevailing winds, landscaping and sun screens;
c. Sustainable Practices in Design and Construction. Require new construction
and remodels to use energy- and resource-efficient and ecologically sound
designs, technologies, and building materials, as well as recycled materials to
promote sustainability; and
d. Energy Efficiency Requirement. Require higher levels of energy efficiency as
house size increase.
23. CULTURAL RESOURCES 1: If human remains are found during construction
activities, no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the archeological
monitor and the coroner of Santa Clara County are contacted. If it is determined
that the remains are Native American, the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be the most likely
descendent (MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation
work, for means of treating or disposing of, with appropriate dignity, the human
remains and associated grave goods as provided in Public Resources Code
section 5097.98. The landowner or his authorized representative shall rebury the
Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if: a) the
Native American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of
the descendent, and the mediation by the Native American Heritage Commission
fails to provide measures acceptable to the landowner.
The Planning Division of the Community Development Department shall be
responsible for ensuring the implementation of this Condition. Costs will be the
responsibility of the developer(s).
24. CULTURAL RESOURCES 2: For grading or excavations deeper than four feet below
the existing surface, a qualified archaeologist shall be retained to monitor the
excavations. The archaeologist shall be present on-site to observe a
representative sample of deep grading or excavations in at least three areas
within the Plan Area until satisfied that there is no longer a significant potential
for finding buried resources. In the event that any potentially significant
archaeological resources (i.e., potential historical resources or unique
archaeological resources) are discovered, the project archaeologist shall
designate a zone in which additional archaeological resources could be found
and in which work shall be stopped. A plan for the evaluation of the resource
shall be submitted to the Community Development Director for approval.
Evaluation normally takes the form of limited hand excavation and analysis of
materials and information removed to determine if the resource is eligible for
inclusion on the California Register of Historic Resources.
In the event that significant paleontological, historic, and/or archaeological
remains are uncovered during excavation and/or grading in the absence of an
archaeological monitor, all work shall stop in the area of the subject property
until a qualified archaeologist can assess the find and, if necessary, develop an
appropriate data recovery program.
The Planning Division of the Community Development Department shall be
responsible for ensuring the implementation of this Condition. Costs will be the
responsibility of the developer(s).
25. CULTURAL RESOURCES 3: Prior to demolition of buildings within the Plan Area
identified as potentially historic resources, the developer(s) shall prepare
photographic documentation of the buildings meeting the documentation
standards of the Historic American Buildings Survey/Historic American
Engineering Record (HABS/HAER), as presented in the North 40 Specific Plan
Historic Resources Technical Report. The historic documentation shall be
prepared at Level IV (sketch plan, digital photographs of exterior and interior
views, and HABS/HAER inventory cards) for the potentially historic buildings. No
historic documentation shall be required for the orchard, except as may be
incidentally included in the documentation of the structures.
The developer(s) shall prepare, or retain a qualified professional who meets the
standards for architectural historian and/or historical architect set forth by the
Secretary of the Interior (Secretary of the Interior’s Professional Qualification
Standards, 36 CFR 61) to prepare documentation of historic resources prior to
any construction work associated with demolition or removal.
The Town of Los Gatos shall identify appropriate repositories for housing the
historical documentation at the time of the project-level analysis. An interpretive
display shall be incorporated into the design within the Plan Area.
26. NESTING BIRDS: If noise generation, ground disturbance, vegetation removal, or
other construction activities begin during the nesting bird season (February 1 to
August 31), or if construction activities are suspended for at least two weeks and
recommence during the nesting bird season, then the project developer shall
retain a qualified biologist to conduct a pre-construction survey for nesting birds.
The survey shall be performed within suitable nesting habitat areas on the
project site, and as feasible within 250 feet of the site boundary, to ensure that
no active nests would be disturbed during project implementation. This survey
shall be conducted no more than two weeks prior to the initiation of disturbance
and/or construction activities. A report documenting the survey results and plan
for active bird nest avoidance (if needed) shall be completed by the qualified
biologist and submitted to the Town of Los Gatos for review and approval prior
to disturbance and/or construction activities.
If no active bird nests are detected during the survey, then project activities can
proceed as scheduled. However, if an active bird nest of a native species is
detected during the survey, then a plan for active bird nest avoidance shall
determine and clearly delineate an appropriately sized, temporary protective
buffer area around each active nest, depending on the nesting bird species,
existing site conditions, and type of proposed disturbance and/or construction
activities. The protective buffer area around an active bird nest is typically 75-
250 feet, determined at the discretion of the qualified biologist and in
compliance with applicable project permits.
To ensure that no inadvertent impacts to an active bird nest will occur, no
disturbance and/or construction activities shall occur within the protective
buffer area(s) until the juvenile birds have fledged (left the nest), and there is no
evidence of a second attempt at nesting, as determined by the qualified
biologist.
The developer(s) shall be responsible for the implementation of this Condition,
subject to monitoring by the Town of Los Gatos.
27. BAT ROOSTS: To avoid impacting active bat roosts, if present, any vacant
buildings on the site proposed for removal that are boarded up prior to
construction (dark in the daytime) shall be opened in the winter months (prior to
mid-March) to allow in light, making these areas non-suitable for use as bat
roosts.
Mature trees removed due to project implementation shall be removed in two
stages (with the limbs removed one day, and the main trunk removed on a
subsequent day) to allow any potentially present day-roosting bats the
opportunity to relocate. If bat roosts are encountered during tree removal, a bat
specialist shall be hired to assist in any relocation efforts.
The developer(s) shall be responsible for the implementation of this Condition,
subject to monitoring by the Town of Los Gatos.
28. BURROWING OWLS: To avoid impacts to burrowing owls, a qualified biologist
will conduct a two-visit (i.e. morning and evening) pre-construction
presence/absence survey at all areas of suitable habitat on and within 300 feet
of the construction site within 30 days prior to the start of construction. Surveys
will be conducted according to methods described in the Revised Staff Report on
Burrowing Owl Mitigation (California Department of Fish and Wildlife 2012).
If pre-construction surveys are undertaken during the breeding season (February
through August) and locate active nest burrows near construction zones, then
these nests and a 200-meter (600-foot) exclusion zone will be delineated which
must remain off-limits to ground-disturbing activities until the breeding season is
over. The exclusion zone shall be clearly delineated/fenced, and work could
proceed within the exclusion zone after the biologist has determined that
fledglings were capable of independent flight and the California Department of
Fish and Wildlife has approved the recommencement of work inside the
exclusion zone, or has authorized physical relocation of the owls. Nesting owl
pairs physically relocated (after consultation and approval from the California
Department of Fish and Wildlife) as a consequence of construction activities are
typically provided a habitat replacement mitigation ratio of 6.5 acres per owl
pair/territory relocated.
The project developer(s) shall be responsible for the implementation of this
Condition, subject to monitoring by the Town of Los Gatos.
29. TOWN INDEMNITY: Pursuant to Town Code Section 1.10.115, and the police power
of the Town to impose appropriate Conditions of Approval, the Applicant and its
successors in interest (collectively, “Applicants”) securing the application approvals
for Architecture and Site Application S-23-031 and Subdivision Application M-23-005
(the “Approval”) shall indemnify and hold harmless the Town for any third-party
challenge to the Approval (administrative appeal, judicial review, or otherwise –
collectively, “Challenge”), including without limitation and subject to the following:
(a) Generally: Regarding any such Challenge to any aspect of the Approval, Applicant
shall defend, indemnify, and hold harmless the Town (any reference to “Town”
shall mean and include without limitation Town’s elected officials, appointed
officials, legal counsel, agents, officers, employees, contractors, and special legal
counsel)(with legal counsel approved by Town), from and against any third-party
Challenge against the Town related to the Approval.
(b) Applicant shall bear any and all losses, damages, injuries, liabilities, costs, and
expenses (including, without limitation, any award of attorney fees or damages,
attorney fees for outside legal counsel, expert witness fees, court costs, and other
litigation expenses) arising out of or related to any third-party Challenge (“Costs”),
whether incurred by the Applicant, Town, or awarded to any third party, and shall
pay to the Town upon demand made with reasonable written documentation
substantiating the Costs incurred by the Town.
(c) The total of all obligations owing by the Applicant under this Condition of
Approval is collectively referred to as the “Challenge Indemnity.” No modification
of the Approval, nor 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
obligations pursuant to this Condition of Approval. The Town shall promptly notify
the Applicant of any such Challenge, and the Town shall cooperate with the
Applicant as Applicant fulfills its obligations pursuant to this Condition of
Approval.
30. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and
submitted with the building plans for the development within a phase of the
final subdivision map detailing how the applicable Conditions of Approval will be
addressed for that phase.
31. IMPACT FEE TIMING AND CALCULATION: The applicant shall pay all impact fees
prior to the date for final inspection or issuance of a certificate of occupancy for
a building, whichever occurs first, on a pro rata basis by dwelling unit. The
impact fees shall be calculated based on the rates in effect as of April 17, 2023,
the time the applicant submitted its complete SB 330 preliminary application,
subject to any modifications consistent with subdivision (o) of Section 65589.5 of
the Government Code.
32. PUBLIC ART: The applicant shall comply with the requirements of Article VII of
Chapter 25 of the Town Code.
Building Division
33. PERMITS REQUIRED: A Demolition Permit is required for the demolition of each
existing structure. A separate Building Permit is required for each new
structure/building proposed on the site.
34. 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.
35. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full
within the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application for the development within a
phase of the final subdivision map detailing how the applicable Conditions of
Approval will be addressed for that phase.
36. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the
Building Division prior to submitting for the building permit application process.
37. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
38. 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.
39. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building
Official, containing foundation, and retaining wall design recommendations, shall
be submitted with the Building Permit Application. This report shall be prepared
by a licensed Civil Engineer specializing in soils mechanics.
40. SHORING: Shoring plans and calculations will be required for all excavations which
exceed five (5) feet in depth, or which remove lateral support from any existing
building, adjacent property, or the public right-of-way. Shoring plans and
calculations shall be prepared by a California licensed engineer and shall conform
to the Cal/OSHA regulations.
41. 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; and
d. Retaining wall(s) locations and elevations.
42. 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.
43. 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.
44. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, 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.
45. 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.
46. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A
roof assemblies.
47. 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.
48. AIR QUALITY 1: High efficiency filtration (MERV rating of 13 or greater) on
ventilation systems shall be required in residential, hotel, and office units located
in areas along State Route 17 identified in the EIR as having cancer risk in excess
of 10 cases per million.
49. AIR QUALITY 2: Ground-level outdoor residential yards that are not oriented to
the Los Gatos Boulevard side of the Plan Area, shall be located no closer than
100 feet from the State Route 17 right-of-way prior to 2015, and, subject to air
hazards modeling to confirm, no closer than 50 feet from the State Route 17
right-of-way thereafter (when diesel fuel and engine changes will reduce diesel
emissions levels).
50. AIR QUALITY 3: The following shall be implemented during construction activities
to reduce emissions:
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;
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered;
c. All visible mud or dirt trackout onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is 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. All excavation, grading, and/or demolition activities shall be suspended when
average wind speeds exceed 20 mph;
g. All trucks and equipment, including their tires, shall be washed off prior to
leaving the site;
h. 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; and
i. 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.
51. CONSTRUCTION BEST MANAGEMENT PRACTICES (BMPs): The Town standard
West Valley Clean Water Authority Nonpoint Source Pollution Control Program
Sheet (page size same as submitted drawings) shall be part of the plan submittal.
The specification sheet is available online at www.losgatosca.gov/building.
52. 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. Santa Clara County Environmental Health Department: (408) 918-3479
f. 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.
53. 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 $100,000 plus a
20 percent fee 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.
54. STORM DRAINAGE FEE: The Applicant shall pay Storm Drainage fees in
accordance with the Town’s FY22-23 Adopted Fee Schedule that was in effect at
the date the pre-application was deemed complete 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 Storm Drainage fee based on the site area of 15.67 acres is $72,426.74. The
Applicant shall pay this fee to PPW at the time specified in Condition 31.
55. TRAFFIC IMPACT MITIGATION FEES: The project is subject to the Town’s Traffic
Impact Mitigation fee for the generation of an estimated 2,968 net new average
daily trips based on the traffic study submitted by Hexagon Transportation
Consultants dated February 18, 2025. The fee is based on the FY22-23. Fee
Schedule that was in effect at the time the pre-application was deemed
complete indicates a fee of $1,015.00 per additional average daily trip. This
results in an estimated total amount due of $3,012,520. This fee is due at the
time specified in Condition 31.
56. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189): Per the Town’s
Comprehensive Fee Schedule, the project is subject to the Town’s Construction
Activities Mitigation Fee based on the square footage of new buildings. The fee is
based on the FY22-23 Fee Schedule that was in effect at the time the pre-
application was deemed complete, and is $1.26 per square foot of new
residential and non-residential building area. The fee shall be calculated based
on the square footage total for all units shown on the construction plans to the
approval of the Town Engineer. The entitlement plans indicate 718,470 square
feet of new building footage resulting in a fee of $905,272.20, with the final fee
to be calculated based on the actual building area as shown on the building
permit application. This fee is due at the time specified in Condition 31.
57. CONSTRUCTION PLAN SUBMITTAL REQUIREMENTS: The Grading Permit Plans and
Public Improvement Plans for the first phase of construction (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 60 days from the date
the Improvement Plans are submitted. Improvement Plans for subsequent phases
shall be submitted as a set to Parks and Public Works Department along with a
title report dated no older than 60 days from the date such 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 the full-width of the adjacent right-of-
way. The plan shall show the average maintained horizontal illumination in
foot-candles and the average to minimum uniformity ratio. Lighting shall be in
compliance with the Town’s Standard Specification section 2.38.
h. A Landscaping Plan for the project site and the full width of the public rights-
of-way adjacent to the project. The plans shall clearly identify public and
private utilities and points of demarcation between the two.
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 Plan.
(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.
l. A statement that all utility boxes in vehicular pathways shall be traffic-
rated.
58. STANDARD PLAN COMPLIANCE: The project shall comply with the Town’s
Standard Plans to the extent applicable and subject to the reasonable approval
of the Town Engineer. Street improvements, all street sections, the design of all
off-site storm drainage facilities shall be in accordance with Town Standard
Specifications and Standard Plans in effect as of April 17, 2023 or North 40
Specific Plan street standards for private roads, as applicable and approved by
the Town Engineer. Improvements deemed necessary by the Town Engineer
shall be shown on the Improvement Plans.
59. 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. 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; (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) Requirements
for safeguarding watercourses from excessive deposition of sediment or debris
in quantities exceeding natural levels; (6) Assurance that the land area in which
grading is proposed and for which habitable structures are proposed is not
subject to hazards of land slippage or significant settlement or erosion and that
the hazards of seismic activity or flooding can be eliminated or adequately
reduced; (7) Temporary and permanent landscape plans.
60. PUBLIC IMPROVEMENTS: Prior to the issuance of any building permit within a
phase of the final subdivision map and prior to any work being done in the
Town's right of way, the Applicant must submit Public Improvement Plans for
improvements related to that phase for review and approval. All public
improvements shall be made according to the Town’s adopted Standard Plans,
Standard Specifications, and Engineering Design Standards in effect as of April
17, 2023. 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.
a. 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.
b. 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.
Any approved and constructed changes shall be incorporated into the final
“as-built” plans.
c. The following right-of-way improvements shall be completed prior to the
issuance of the first occupancy permit, unless otherwise noted or approved
by the Town Engineer:
i. BURTON ROAD IMPROVEMENTS: The Applicant shall make a contribution
to the Town in the amount of $155,000 towards the construction of the
required half street section pursuant to Los Gatos Town Code Section
24.50.080. Submittal of this in-lieu payment shall be paid prior to the
issuance of the occupancy permit for the 200th site unit, or later as may
otherwise approved by the Town Engineer.
ii. LOS GATOS BOULEVARD IMPROVEMENTS:
a. The Applicant shall improve the western side of Los Gatos
Boulevard’s frontage along the project site with a 10-feet wide
multi-use path and 6-feet wide planter strip from the northern
boundary of North 40 Phase I to the northern boundary of APN
424-070-064 as shown on the approved plans and as approved by
the Town Engineer.
b. The Applicant shall construct a continuation of the center median
north to the intersection of Los Gatos Boulevard and Samaritan
Drive with mountable sections for northbound emergency vehicle
access to the site at the two proposed connections along Los
Gatos Boulevard as shown on the approved plans.
c. STREET TREES: The Applicant shall plant a minimum of 10 trees
along the Los Gatos Boulevard frontage, to match the spacing
along the Phase I frontage. The street tree plans shall be per
Town Standard Drawings and will include Town Standard tree
grates.
d. TREE GRATES: The Applicant shall install Town Standard Tree
Grates around each street tree. Tree grates shall be 4-feet by 6-
feet, 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.
iii. STREET MARKINGS: The Applicant shall install necessary street markings
of a material and design approved by the Town Engineer and replace any
that are damaged during construction. These include but are not limited
to all pavement markings, painted curbs, and handicap markings. All
permanent pavement markings shall be thermoplastic and comply with
Caltrans Standards. Color and location of painted curbs shall be shown
on the plans and are subject to approval by the Town Engineer. Any
existing painted curb or pavement markings no longer required shall be
removed by grinding if thermoplastic, or sand blasting if in paint.
iv. CURB RAMP(S): The Applicant shall construct curb ramps in accordance
with the latest Caltrans State Standard Drawings and in the location
shown on the approve plans. The actual ramp "Case" shall be identified
on the plans and shall be to the approval of the Town Engineer.
v. CURB AND GUTTER: The Applicant shall replace to existing Town
standards all curb and gutter along the western side of Los Gatos
Boulevard’s frontage along the project site from the northern boundary
of North 40 Phase I to the southern boundary of APN 424-070-064. New
curb and gutter shall be constructed per the Town Standard Drawing ST-
210 (Vertical) adopted and in effect as of April 17, 2023.
vi. DRIVEWAY REMOVAL: The Applicant shall remove all existing driveway
approaches and replace them with sidewalk, curb, and gutter per the
Town Standard Drawings in effect as of April 17, 2023.
vii. SEWER CLEAN-OUT: The Applicant shall install the sewer lateral clean-out
on private property just behind the property line in accordance with the
West Valley Sanitation District standards in effect as of April 17, 2023.
Sewer clean-out(s) shall be constructed prior to occupancy of the first
building.
viii. WATER METER: The Applicant shall install the water meter(s) on private
property just behind the property line in accordance with the San Jose
Water Company standards.
ix. 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 applicable Town parking
standards adopted and in effect as of April 17, 2023. The plans shall be
approved by the Town Engineer prior to the issuance of the first building
permit within a phase of the final subdivision map. Construction shall be
completed prior to the occupancy permit of any adjacent building.
x. BICYCLE PARKING: The Applicant shall provide both long-term bicycle
lockers and short-term bicycle racks on-site, as shown on the approved
site plan, to the approval of the Town Engineer. Construction of bicycle
parking shall be completed prior to the occupancy permit of any
adjacent building.
xi. STORM WATER CATCH BASIN(S): The Applicant shall install standard
storm water catch basins per approved plans and in accordance with the
Town Standard Drawing adopted and in effect as of April 17, 2023.
Construction shall be completed at the same time the associated
improvements are completed.
xii. STREETLIGHT(S): The Applicant shall provide and install seven (7)
standard galvanized steel octaflute electrolier streetlight poles with a
pole height of 30-feet on the project site’s frontage along Los Gatos
Boulevard. 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. An Isometric lighting level needs to be provided by the
designer/contractor. The Applicant shall provide a separate light study
of the impact of the proposed streetlights. The new streetlights shall
each have a 31-feet 9-inches mounting height with mounting arm length
of 8-feet. the Fixtures shall be CREE, Type III Cut-Off Model XSP2, 4000K,
240 volts, 165W or approved equal. The streetlights shall be installed at
the locations as shown on the approved offsite plans.
1) A letter shall be provided by PG&E stating that public street light 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.
2) Public street lighting will not be required/allowed per General Plan
update and Hillside designation. On-lot lighting shall be incorporated
and promoted.
xiii. BICYCLE FACILITIES: The Applicant shall install bike facilities as shown on
the approved plans and as directed by the Town Engineer.
61. 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. Tree removals
shall be consistent with the arborist report and approved entitlement plans.
62. 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. 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; and
f. Plans shall be submitted, reviewed, and approved by the Town Engineer prior
to the commencement of work.
63. EXISTING FACILITY PROTECTION AND REPAIR: All existing public utilities shall be
either protected in place, relocated, or repaired. The Applicant shall repair or
replace all existing improvements not designated for removal, and all new
improvements that are damaged during construction or removed because of
the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights,
valley gutters, curb ramps, and any other existing improvements in the area
that are not intended to be removed and replaced. The Applicant shall request
a walk-through with the PPW construction Inspector before the start of
construction to verify existing conditions. Said repairs shall be completed prior
to issuance of the first certificate of occupancy of the project.
64. UNDERGROUND UTILITIES: This project abuts one of the Town’s Underground
Utility Districts. All new services to the development shall be placed
underground in accordance with the various utility regulations. Transformers
and switch gear cabinets within designated Underground Districts shall be
placed underground unless otherwise approved by the Town Engineer or if the
applicable utility company or district with jurisdiction otherwise requires.
Underground utility plans must be submitted to the Town and approved by the
Town Engineer prior to installation.
65. UTILITY RESPONSIBILITIES: The Applicant is responsible for the maintenance of
existing 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 José 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.
66. 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 José 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. Coordination of the
stormwater conveyance system will be addressed during the Grading Permit
review.
67. 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.
68. EXTERIOR SITE LIGHTING STANDARDS: The Applicant shall submit a
photometric plan for on-site lighting showing lighting levels in compliance with
the Town Standard Specifications section 2.38. The plan shall show the
minimum maintained horizontal illumination in foot-candles and the uniformity
ratio for all areas. This lighting standard is applicable to all 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 for each phase shall be
approved by the Town Engineer and shall be addressed on the construction
plans submitted for the first building permit within the applicable phase. Any
subsequent building permits that include any site lighting shall also meet these
requirements.
69. STORM DRAINAGE STUDY: The Applicant shall submit a Master Storm Drainage
Study for the entire 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
percent annual chance 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 percent annual chance storm
event. The study must evaluate the 1 percent annual chance storm event base
flood elevation. The finish floor elevations of all structures shall be constructed
to be reasonable safe from flooding per Town Code Section 29.90.080(1) (c.)
which is typically done by constructing finished floors at 1-foot above base
flood elevation. The Applicant shall submit the master study for review and
approval by the Town Engineer. The applicant shall submit an amended Master
Storm Drainage Study for any phase of construction which modifies the storm
drainage system evaluated in the Master Storm Drainage Study. The amended
Master Storm Drainage Study shall be approved by the Town Engineer prior to
the issuance of the first building permit for the applicable phase.
70. 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 Bay Area Hydrologic
Modification (“BAHM”) analysis, the Applicant must provide pump operations
and intended routing during various runoff conditions (i.e., treatment runoff vs.
Hydrologic Modification 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 bioretention
is proposed. 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 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.
71. 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.
72. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No
through curb drains will be allowed in public curbs. 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.
73. OFF-SITE DRAINAGE – The Applicant shall not alter any existing drainage
patterns without an approved Grading Permit.
74. 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.
75. 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.
76. 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 (NOI) 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.
77. SITE TRIANGLE AND TRAFFIC VIEW AREA: Fencing, landscaping, and permanent
structures shall not visually obstruct line of sight between three-feet and 7.5-
feet in height if located within the driveway view area, traffic view area, or
corner sight triangle. The driveway and intersection site triangles are
represented on Town Standard Drawing ST-231. The traffic view area and
corner sight triangle are shown on Town Standard Drawing ST-232. This
includes all above ground obstructions including utility structures, for example
electric transformers. The various clearance lines shall be shown on the site
plan to demonstrate compliance.
78. GEOTECHNICAL REVIEW: New development shall be sited away from high risk
geologic and seismic hazard zones or, if located in a high-risk zone, shall
incorporate construction techniques or specialized technologies to reduce risk.
Prior to any building permit issuance, the Applicant’s California State licensed
engineering geologist and/or geotechnical engineer shall submit a design level
geotechnical report for new developments proposed with significant grading,
potential erosion, and sedimentation hazards or in hazard zones mapped by
the State or identified by the Town, as shown in Figures 9-2 through 9-5 of the
Town’s 2040 General Plan Chapter 9 Hazards and Safety Element. The report
shall identify all site geologic, seismic, and geotechnical engineering conditions
and potential hazards and include appropriate design measures to mitigate
potential fault ground rupture/deformation impacts to acceptable levels. The
report shall also specify construction methods to protect existing and future
residences from identified hazards. The report will require a peer review by the
Town’s geological and geotechnical consultant. A deposit and fee for the peer
review will be required per the Town’s current fee schedule, unless there are
any remaining deposit funds from the entitlement phase. The Town will route
the design level geotechnical report to the Town’s peer review consultant once
the report is submitted and deposit and fee are available. Once the design level
report is approved, the Applicant’s geotechnical engineer shall review the
grading and drainage plan and proposed pavement and foundation designs to
verify that the designs are 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.
79. 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.
80. GEOLOGIC HAZARDS CHECKLIST: The applicant’s geotechnical engineer shall
complete, sign, stamp, and submit the Town’s Geologic Hazards Checklist for all
new proposed development 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. The applicant shall submit this
form at the same time as the design level geological report.
81. 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.
82. STREET CUT RESTORATION: Where the Applicant makes pavement cuts on Los
Gatos Boulevard for a utility trench, the trench shall be backfilled using the
Town’s standard “T” trench detail, including Town-approved controlled density
fill. The asphalt thickness of the T trench section shall be a minimum of 3-inches,
meet Town standards, or shall match the existing pavement thickness,
whichever is greater. Because the utility trenches are expected to extend across
Los Gatos Boulevard to the furthermost northbound lane, the Applicant shall
grind off the existing thermoplastic lane markings and apply a micro-surfacing
coating along the entire length of Los Gatos Boulevard, from curb to curb, from
the northern boundary of North 40 Phase I to the southern boundary of APN
424-070-064 as directed by the Town Engineer. The Contractor shall schedule a
pre-paving meeting with the PPW Inspector prior to the day the paving is to
take place. Restoration materials shall be approved by the Town Engineer prior
to placement. All striping and pavement markings shall be replaced in-kind with
thermoplastic upon completion of roadway surfacing. All pavement
restorations shall be completed and approved by the Town Engineer within six
months of the final utility cuts on Los Gatos Boulevard, or as directed by the
Town Engineer.
83. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary
sewer system only. Site design must facilitate drainage away from building floor
drains.
84. GARBAGE/RECYCLE STORAGE AND SERVICE: The Applicant shall provide adequate
area for the purposes of storing garbage, composting and recycling collection
containers for scheduled servicing by the Town’s solid waste collection provider.
New food service buildings and/or multi-family residential complexes shall provide
a covered or enclosed area for dumpsters and recycling containers. The area shall
be designed to be hydrologically isolated. Areas around trash enclosures, recycling
areas, and/or food compactor enclosures shall not discharge directly to the storm
drain system. Any drains installed in or beneath dumpsters and compactors shall
be connected to the sanitary sewer. Any drains installed in or beneath tallow bin
areas serving food service facilities shall be connected to the sanitary sewer
system with a grease removal device prior to discharging. The Applicant shall
contact the local permitting authority and/or West Valley Sanitation District for
specific connection and discharge requirements. Per Town Code Section
29.10.09010, the collection containers shall not be placed in the right of way
except during the period of time necessary to allow removal of the waste. brought
to the service area on the day of service and returned to the storage enclosure by
the property owner that same day. The containers are not to be in public view or
in the public right-of-way prior to or beyond the scheduled service times. A letter
from West Valley Collection and Recycling confirming serviceability and site
accessibility shall be provided to the Town Engineer for approval prior to the
approval of an occupancy permit.
85. SITE LANDSCAPING COORDINATION: The Applicant shall coordinate the overall site
landscaping and, if proposed, 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.
86. OFF-HOURS MATERIAL DELIVERY: The Applicant shall coordinate with the future
site operators of commercial uses so that all site delivery of materials and goods to
non-residential portions of the project are delivered off-hours and on-site. This will
allow the on-site customer parking for the development site to be utilized during
business hours and not be impacted by the staging of delivery vehicles. The
Applicant shall provide a written plan, to ensure that this condition is satisfied, prior
to occupancy of the first site building. The plan shall be to the approval of the Town
Engineer.
87. MULTI-FAMILY BUILDING LOADING ZONE – The Applicant shall provide a Town
compliant loading zone for the mixed-use building (building E1) that is 10-feet
wide and 30-feet long, or as determined by the Town Engineer. Construction
shall be completed prior to any occupancy permit is issued for the Multi-Family
Building (building E1).
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.
88. DEDICATIONS: The Applicant shall dedicate in Fee title to an eight (8) foot wide
strip of land along the project frontage of Burton Road for roadway purposes. The
Applicant shall also dedicate a 14.5-feet public access easement along Los Gatos
Boulevard and public utility easement as shown on the approved plans and as
approved by the Town Engineer.
89. TEMPORARY CONSTRUCTION EASEMENT: Prior to the issuance of a grading or
building permit, it shall be the sole responsibility of the project to obtain any
and all proposed or required easements and/or permissions necessary to
perform any work on neighboring private property herein proposed. Proof of
agreement/approval is required prior to the issuance of any Permit.
90. SUBDIVISION (FINAL) MAP: The Applicant shall have a 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 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.
91. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter as a
contractor into a Subdivision Improvement Agreement (“SIA”) 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 and grading work performed onsite. These improvements shall
include, but are not limited to, roadway construction, sidewalk, curb and
gutter, storm lines, street lights, signal equipment, and earthwork. Town
Standard insurance shall be provided per the terms of the agreement. The
agreement shall be approved by the Town Council with the project’s first Final
Map.
92. 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 occupancy.
93. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R): The Applicant shall prepare
and submit draft project Covenants, Conditions and Restrictions (CC&R) for the
project, except for the affordable housing (Lot 19). The CC&Rs shall be
submitted with the project map for review of the Town Engineer, the Town
Attorney, and the Planning Manager. The CC&Rs shall include relevant project
Conditions of Approval. Such CC&R terms related to the project’s Conditions of
Approval and/or any obligations directly involving the Town shall be subject to
approval by the Town Engineer, the Town Attorney, and the Planning Manager
and shall include language that restricts the Homeowner’s Association from
making changes to those provisions of the CC&Rs related to the project’s
Conditions of Approval and/or any obligations directly involving the Town
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 by Town staff prior to the Town
Council approval of the Final map.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY WITHIN A PHASE OF THE
FINAL MAP, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME.
94. RECORD DRAWINGS: The Applicant shall submit a scanned PDF set of stamped
record drawings and construction specifications for all off-site improvements
related to the phase of the final map 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 utilities, final
inspection, or issuance of a certificate of occupancy, whichever occurs first.
95. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed
during construction. Improvements such as, but not limited to curbs, gutters,
sidewalks, driveways, signs, streetlights, pavements, raised pavement markers,
thermoplastic pavement markings, etc., shall be repaired or replaced to a
condition equal to or better than the original condition. Any new concrete shall be
free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or
replaced shall be at the direction of the PPW Inspector and shall comply with all
Title 24 Disabled Access provisions. The restoration of all improvements identified
by the PPW Inspector shall be completed before the issuance of a certificate of
occupancy. The Applicant shall request a walk-through with the PPW Inspector
before the start of construction to verify existing conditions.
96. 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. 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.
97. STORMWATER MANAGEMENT FACILITIES INSPECTION: Prior to covering
underground stormwater treatment facilities or final inspection, as applicable,
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 foot x 20 foot grid pattern over
the surface of the completed stormwater facility unless otherwise approved by
the Town Engineer. All soil and infiltration properties for all stormwater
facilities shall be evaluated by the geotechnical engineer. Percolation tests
(using Double Ring Infiltrometer Testing) 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.
98. LANDSCAPE MAINTENANCE AGREEMENT: The Applicant shall enter into a
Landscape Maintenance Agreement with the Town of Los Gatos in which the
property owner agrees to maintain the vegetated areas along the project’s Los
Gatos Boulevard and Burton Road 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.
99. TRANSPORTATION DEMAND MANAGEMENT PLAN: The Applicant shall submit
for approval a Transportation Demand Management (“TDM”) Plan prior to the
issuance of any building permit within a phase. The TDM plan shall include
measures that are required to obtain the goal of a 15 percent vehicle trip
reduction. Such measures may include bicycle facility provisions, shower
facilities, local shuttle service, transit passes and subsidies, carpool incentive,
designated car share parking, or other trip-reducing measures. The TDM plan
shall also include a TDM Coordinator and identify the requirement for an
annual TDM effectiveness report to be submitted the Town of Los Gatos. The
TDM Plan shall be approved prior to the first occupancy of the given phase.
100. DEDICATION OF PUBLIC ACCESS EASEMENT FOR CONSTRUCTION OF BURTON
ROAD CONNECTION: The Applicant shall dedicate an irrevocable, nonexclusive
Public Access Easement (“PAE”) over Lots AAA, BBB, CCC, DDD, EEE, CC, and a
portion of Lot AA as shown on the vesting tentative map to the Town to
accommodate the Town or a third-party’s future construction of a through-
connection from the project site to Burton Road. Upon completion of the
through-connection, the PAE shall allow public vehicular access. The PAE shall
be conveyed to the Town on the final map phase that includes Lots AAA, BBB,
CCC, DDD, EEE, CC, and AA and perfected with an Easement Agreement that
includes plats and legal descriptions of the PAE, the form of which shall be
subject to the reasonable approval of the Town Engineer and the Town
Attorney. The Easement Agreement shall include rights for the Town or its
designee to construct the future through-connection within the PAE area using
a design approved by the Town, subject to the condition that the party
performing such construction shall repair or replace any improvements not
designated for removal and that are damaged during construction, including
without limitation, any public or private utilities within the PAE and
improvements located outside the PAE.
101. LOS GATOS BOULEVARD, SAMARITAN DRIVE, AND BURTON ROAD
INTERSECTION IMPROVEMENTS CONTRIBUTION: Upon completion of a future
through-connection from the project site to Burton Road, the project would
contribute additional traffic to the intersection of Los Gatos Boulevard/Burton
Road, which would be addressed through traffic signal improvements
conceptually estimated to cost $590,000 plus a 25 percent ($147,550) design
and construction contingency for a total of $737,500. The project’s fair share
contribution for the necessary improvements is calculated to be 22.9 percent
resulting in a shared cost estimate of $168,887.50. Funding shall be submitted
by the applicant within 30 days of notice from the Town that the connection
between the development and Burton Road is complete.
102. VMT REDUCTION STRATEGIES: For projects that would generate VMT, one or
more VMT reduction strategies included in the SB 743 Implementation
Decisions for the Town of Los Gatos (July 2020) document shall be required to
reduce VMT of the project. Examples of VMT reduction strategies that shall be
implement are provided below. The VMT reduction strategies are organized by
their relative scale for implementation (i.e., individual site level, Town-wide
level, and regional level).
Individual Site Level
• Encourage Telecommuting and Alternative Work Schedules: This strategy
relies on effective internet access and speeds to individual project
sites/buildings to provide the opportunity for telecommuting. This strategy
would reduce commute VMT but also result in a change in VMT for other
travel purposes; thus, this strategy should consider the net change in the
Town’s project-generated VMT.
• Provide Ride-Sharing Programs: This strategy focuses on encouraging
carpooling and vanpooling by project site/building tenants.
• Provide Local Shuttles: This strategy focuses on providing local shuttle
service. The local shuttles would provide service to transit hubs, schools,
commercial centers, and residential areas to improve transit connectivity
and address the “first/last mile” problems. Alternatively, a demand
responsive service could be provided as subsidized trips by contracting to
private transportation network companies (TNCs) or taxi companies. Note
that implementation of this strategy would require regional or local agency
implementation.
• Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on
employers purchasing or leasing vans or shuttles, and often subsidizing the
cost of at least program administration, if not more. Vanpools typically
service employee’s commute to work, while shuttles service nearby transit
stations and surrounding commercial centers. Scheduling and rider
charges, if any, are within the employer’s purview.
Town-Wide Level
Commented [A1]: Should this reference any future owner
so the developer will be off the hook when the property
sells?
Commented [A2R1]: COA 107 below uses this language
“or future owners and operators of development “
• Bicycle and Pedestrian Network Improvements: This strategy focuses on
creating a comprehensive bicycle and pedestrian network within the
project and connecting to nearby destinations. Projects in Los Gatos tend
to be smaller so the emphasis of this strategy would likely be the
construction of network improvements that connect the project site
directly to nearby destinations. Alternatively, implementation could occur
through an impact fee program or benefit/assessment district based on
regional or local plans such as the Bicycle and Pedestrian Master Plan and
Connect Los Gatos.
• Provide Traffic Calming Measures: This strategy combines the California Air
Pollution Control Officers Association (CAPCOA) research focused on traffic
calming with new research on providing a low-stress bicycle network.
Traffic calming creates networks with low vehicle speeds and volumes that
are more conducive to walking and bicycling. Building a low-stress bicycle
network produces a similar outcome. One potential change in this strategy
over time is which could enhance the effectiveness of this strategy.
• Implement Car-Sharing Program: This strategy reduces the need to own a
vehicle or reduces the number of vehicles owned by a household by
making it convenient to access a shared vehicle for those trips where
vehicle use is essential. Examples include programs like ZipCar, Car2Go,
and Gig.
• Limit Parking Supply: When combined with companion TDM measures,
reduced parking supply discourages driving by limiting easy and convenient
parking options. Implementation of this strategy may require reducing (or
removing) minimum parking requirements and allowing developers to use
shared parking strategies.
• Unbundle Parking Costs from Property Cost: Unbundling separates parking
costs from property cost, for instance by not including a parking space in a
residential unit’s rent, or by requiring employers to lease each parking
space separately from the building owner. This strategy ensures that the
user understands that the cost of driving includes parking and can
encourage people to use an alternative mode to save money.
• Implement Market Price Public Parking (On-Street): This strategy focuses
on implementing a pricing strategy for parking by pricing all on-street
parking in central business districts, employment centers, and retail
centers. Priced parking would encourage “park once” behavior and may
also result in area-wide mode shifts.
Regional Level
• Increase Density: This strategy focuses on increasing density of land uses,
where allowed by the General Plan and/or Zoning Ordinance, to reduce
distances people travel and provide more travel mode options. This
strategy also provides a foundation for many other strategies. For
example, densification increases transit ridership, which justifies enhanced
transit service.
• Increase Diversity of Urban and Suburban Developments: This strategy
focuses on inclusion of mixed uses within projects or in consideration of
the surrounding area to minimize vehicle travel in terms of both the
number of trips and the length of those trips.
• Increase Transit Accessibility: This strategy focuses on encouraging the use
of transit by locating a project with high density near transit. A project with
a residential/commercial center designed around a bus station is referred
to as a transit-oriented development (TOD).
• Integrate Affordable and Below Market Rate Housing: This strategy
provides greater opportunities for lower income families to live closer to
job centers since income effects probability that a commute will take
transit or walk to work.
• Increase Transit Service Frequency/Speed: This strategy focuses on
improving transit service convenience and travel time competitiveness
with driving. Given existing land use density in Los Gatos, this strategy may
be limited to traditional commuter transit where trips can be pooled at the
start and end locations, or it may require new forms of demand-responsive
transit service. Note that implementation of this strategy would require
regional or local agency implementation, substantial changes to current
transit practices, and would not likely be applicable for individual
development projects.
• Implement Area or Cordon Pricing: This strategy focuses on implementing
a cordon (i.e., boundary) pricing scheme, where a cordon is set around a
specific area to charge a toll to enter the area by vehicle. The cordon
location is usually the boundary of an area with limited points of access.
The cordon toll may be constant, applied during peak periods, or be
variable, with higher prices during congestion peak periods. The toll can
also be based on a fixed schedule or be dynamic, responding to real-time
congestion levels. Note that implementation of this strategy requires
alternative modes of travel that are available and reliable, such as high-
quality transit infrastructure.
103. TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): In the event that the
Town adopts a TMA policy in the future, the Town and/or future owners and
operators of development in the North 40 Phase II area (inclusive of the
properties designated as Phase II in the North 40 Specific Plan as of the date of
the project’s SB 330 preliminary application) other than the project shall
participate in the TMA to fund, implement, coordinate and manage VMT-
reduction programs as determined appropriate by the TMA members. The TMA
shall also be responsible for conducting TDM monitoring to quantify
performance required by the Town. The Applicant (or the HOA formed by
Applicant) shall join and maintain membership in any TMA formed with service
area that includes the project site within either 6 months after the TMA
formation or the date of occupancy of the first unit in the project, whichever is
later. Participation in the TMA shall be optional for the operator of the
affordable housing located on Lot 19.
104. EMERGENCY RESPONDER RADIO COVERAGE: All new buildings, including parking
garages 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. With
approval of the Community Development Director and Police Chief, the
requirements in this condition can be waived or modified when such change
would not unnecessarily impair the provision of emergency communication as
specified in this condition.
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.
105. PROJECT CONSTRUCTION SETUP: All storage and office trailers will be kept off
the public right-of-way.
106. 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.
107. PROJECT CONSTRUCTION SCHEDULE: The contractor shall submit the project
schedule in a static PDF 11-inches by 17-inches 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.
108. 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.
109. PROJECT CONSTRUCTION SUPERVISION: The Contractor shall always provide a
qualified supervisor on the job site during construction.
110. 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.
111. PROJECT CONSTRUCTION HOURS: Construction activities related to the issuance
of any PPW permit shall comply with Town Code Section 16.20.035 which
restricts construction 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.
112. PROJECT CONSTRUCTION BMPs: All construction activities shall conform to the
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
adopted an in effect as of April 17, 2023, when undertaking construction
activities.
113. 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 José 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.
l. 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.
114. 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 northbound Los Gatos Boulevard to Highway 85
or southbound Los Gatos Boulevard to westbound 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.
115. HERITAGE TREE PROTECTION MEASURES: The Applicant shall submit a tree
protection plan showing how all on- and off-site heritage trees will be protected
during construction. All approved and installed Heritage Tree protection
measures shall be installed prior to any site activities and maintained throughout
the period of construction. The Project Arborist shall complete inspections on an
as-needed basis during the construction period and shall submit a monthly
report of findings in an email or letter to the Town Engineer and Town Planner
assigned to this project.
116. 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.
117. 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).
121. 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.
118. 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:
119. GENERAL: Review of this Developmental proposal is limited to acceptability of site
access, water supply and may include specific additional requirements as they
pertain to fire department operations, and shall not be construed as a substitute
for formal plan review to determine compliance with adopted model codes. Prior
to performing any work, the applicant shall make application to, and receive from,
the Building Department all applicable construction permits.
120. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet G10) 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.
121. FIRE ALARM REQUIREMENTS: (As Noted on Sheet G10) 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.
122. EMERGENCY RESPONDER RADIO COVERAGE IN NEW BUILDINGS: (As Noted on Sheet
G10) All new buildings shall have approved radio coverage for emergency responders
within the building based upon the existing coverage levels of the public safety
communication systems of the jurisdiction at the exterior of the building. This section
shall not require improvement of the existing public safety communication systems.
CFC Sec. 510.1.
123. FIRE HYDRANT SYSTEMS REQUIRED: (As Noted on Sheet G10) Where a portion of the
facility or building hereafter constructed or moved into or within the jurisdiction is
more than 400 feet from a hydrant on a fire apparatus access road, as measured by
an approved route around the exterior of the facility or building, onsite fire hydrants
and mains shall be provided where required by the fire code official. Exception: For
Group R3 and Group U occupancies equipped throughout with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2
or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section
507.5.1].
124. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C17) The fire department
connection (FDC) shall be installed at the street on the street address side of the
building. It shall be located within 100 feet of a public fire hydrant and within ten (10)
feet of the main PIV (unless otherwise approved by the Chief due to practical
difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2-
1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be
such that hose lines may be readily and conveniently attached to the inlets without
interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard].
125. STANDPIPES REQUIRED: (As Noted on Sheet G10) Standpipe systems shall be
provided in new buildings and structures in accordance with this section. Fire hose
threads used in connection with standpipe systems shall be approved and shall be
compatible with fire department hose threads. The location of fire department
hose connections shall be approved. Standpipes shall be manual wet type. In
buildings used for high-piled combustible storage, fire hose protection shall be in
accordance with Chapter 32. Installation standard. Standpipe systems shall be
installed in accordance with this section and NFPA 14 as amended in Chapter 47.
CFC Sec. 905.
126. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED: (As Noted on Sheet G10) Provide
public/private fire hydrant(s) at location(s) to be determined jointly by the Fire
Department and San Jose Water Company. Maximum hydrant spacing shall be 450
feet, with a minimum single hydrant flow of 4,500 GPM at 20 psi, residual. Fire
hydrants shall be provided along required fire apparatus access roads and
adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and
Appendix C.
127. BUILDINGS AND FACILITIES ACCESS: (As Noted on Sheet G10) 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].
128. REQUIRED AERIAL ACCESS: (As Noted on Sheet C17) 1. Where required: Buildings
or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above
the lowest level of fire department vehicle access shall be provided with approved
fire apparatus access roads capable of accommodating fire department aerial
apparatus. Overhead utility and power lines shall not be located within the aerial
fire apparatus access roadway. 2. 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, as shown on
the approved vesting tentative map. 3. 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. SCCFD SD&S A-1.
129. TURNING RADIUS: (As Noted on Sheet C17) As shown on the approved vesting
tentative map, 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.
130. FIRE DEPARTMENT ROADWAY TURNAROUND REQUIRED: (As Noted on Sheet C17)
Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus. Provide an
approved fire department roadway turnaround with a minimum radius of 50 feet
outside and 30 feet inside. Maximum grade in any direction shall be 5%.
Installations shall conform with Fire Department Standard Details and
Specifications A-1. [CFC Section 503.2.5].
131. REQUIRED FIRE FLOW: The fire flow for this project is 6000 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 4500 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.
132. TIMING OF INSTALLATION: (As Noted on Sheet G10) When fire apparatus access
roads or a water supply for fire protection is required to be installed, such protection
shall be installed and made serviceable prior to and during the time of construction
except when approved alternative methods of protection are provided. Temporary
street signs shall be installed at each street intersection when construction of new
roadways allows passage by vehicles in accordance with Section 505.2. Construction
documents. Construction documents for proposed fire apparatus access, location of
fire lanes, security gates across fire apparatus access and construction documents and
hydraulic calculations for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. CFC Sec. 501.3, 501.4.
133. GROUND LADDER ACCESS: (As Noted on Sheet C17) Ground-ladder rescue from
second and third floor rooms 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 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
134. PARKING: When parking is permitted on streets, in both residential/commercial
applications, it shall conform to the dimensions shown on the approved street
sections included with the vesting tentative map.
NOTE: Fire lane and turnaround striping shall be provided and verified by site
inspection.
135. FIRE LANES REQUIRED: (As Noted on Sheet C17) 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.
136. KNOX KEY BOXES/LOCKS WHERE REQUIRED FOR ACCESS: Where access to or within
a structure or an area is restricted because of secured openings or where immediate
access is necessary for lifesaving or firefighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The Knox
Key Box shall be a of an approved type and shall contain keys to gain necessary
access as required by the fire code official. Locks. An approved Knox Lock shall be
installed on gates or similar barriers when required by the fire code official. Key box
maintenance. The operator of the building shall immediately notify the fire code
official and provide the new key when a lock is changed or re-keyed. The key to such
lock shall be secured in the key box. [CFC Sec. 506].
137. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that
purveyor. Such requirements shall be incorporated into the design of any water-based
fire protection systems, and/or fire suppression water supply systems or storage
containers that may be
physically connected in any manner to an appliance capable of causing
contamination of the potable water supply of the purveyor of record. Final
approval of the system(s) under consideration will not be granted by this office
until compliance with the requirements of the water purveyor of record are
documented by that purveyor as having been met by the applicant(s). 2019 CFC
Sec. 903.3.5 and Health and Safety Code 13114.7.
138. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals,
as appropriate to the project. CFC Chp. 33.
139. 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.
140. TWO-WAY COMMUNICATION SYSTEM: (As Noted on Sheet G10) Two-way
communication systems shall be designed and installed in accordance with NFPA
72 (2022 edition), the California Electrical Code (2022 edition), the California Fire
Code (2022 edition), the California Building Code (2022 edition), and the city
ordinances where two-way system is being installed, policies, and standards.
Other standards also contain design/installation criteria for specific life safety
related equipment. These other standards are referred to in NFPA 72.
141. REQUIRED SECONDARY FIRE DEPARTMENT ACCESS: (As Noted on Sheet C17)
Commercial and Industrial Developments 1. Buildings exceeding three stories or
30 feet in height. Buildings or facilities exceeding 30 feet (9144 mm) or three
stories in height shall have a least two means of fire apparatus access for each
structure. 2. Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 mm) shall be
provided with two separate and approved fire apparatus access roads. Exception:
Projects having a gross building area of up to 124,000 square feet (11520 mm)
that have a single approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler systems. Multi-Family
Residential Developments (R-1 & R-2 occupancies) 1. Multi-family residential
projects having more than 100 dwelling units shall be equipped throughout with
two separate and approved fire apparatus access roads. CFC Sec. Chp. 5 as
adopted.
142. 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].
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