Exhibit 3 - Recommended Conditions of Approval – M-24-013, S-24-023 to -033 and S-24-059
PLANNING COMMISSION – December 17, 2025 – Draft
CONDITIONS OF APPROVAL
178 Twin Oaks Drive, Lots 1 -12
Vesting Tentative Map Application M-24-013
Architecture and Site Applications S-24-023 through S-24-033 and S-24-059
Mitigated Negative Declaration ND-25-001
Consider a Request for Approval for the Subdivision of One Lot into Twelve
Lots with a Vesting Tentative Map, Construction of a New Single-Family
Residence on Each Lot, Site Work Requiring a Grading Permit, and Removal
of Large Protected Trees Under Senate Bill 330 (SB 330) on a Vacant
Property Zoned RC. APN 532-16-006. An Initial Study and Mitigated Negative
Declaration Have Been Prepared.
Property Owner/Applicant: Larry Dodge
Project Planner: Erin Walters
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
APPLICABLE TO ALL LOTS
1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect on
December 19, 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 shall be approved by the Community
Development Director, Development Review Committee, or the Planning Commission
depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested, pursuant to
29.20.335.
3. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&R): CC&Rs must be approved by the
Town and recorded with the County prior to recording of map.
4. MASTER DEVELOPER: This project shall be developed and constructed by a single Master
Developer responsible for the coordinated implementation of all site improvements,
infrastructure, and building construction. Individual lots within the approved subdivision
or development area shall not be sold, transferred, or otherwise conveyed to separate
entities or individuals for the purpose of independent development, construction, or
sale prior to completion of the project as a whole. Prior to recordation of any Final Map
or issuance of any building permits, the applicant shall provide documentation to the
Community Development Director demonstrating that a single Master Developer is
responsible for construction and delivery of the project. Prior to issuance of any
Certificates of Occupancy, the Town shall verify compliance with this condition. This
condition shall be printed as a note on the Final Map.
5. BELOW MARKET PRICE (BMP) UNITS: The developer shall provide three (3) BMP units
(low income) for sale to be sold at a price that is affordable to the target household low-
income range, as required by the Town’s applicable BMP Program Guidelines and the
applicable BMP Resolution. A deed restriction shall be recorded prior to the issuance of
any building permits for residential units, stating that the BMP unit must be sold and
maintained as a below market price unit pursuant to the Town’s BMP Ordinance and
Guidelines.
6. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building permits for residential
units, the developer shall enter into an Affordable Housing Agreement with the Town
for provision of the required BMP units and to facilitate their sale pursuant to the BMP
Program Guidelines and BMP Resolution in place at the time of building permit issuance.
7. PHASING OF THE CONSTRUCTION OF BMP UNITS: The Certificate of Occupancy for the
first market rate unit shall not be issued until all three required BMP units have been
constructed and Certificates of Occupancy for each BMP unit have been secured.
8. OPEN SPACE EASEMENTS: The Final Map submitted for recordation with the County
Recorder shall include open space easements on Lots 2, 7, 8, 9, and 10 to protect unique
natural features, habitats, and movement corridors on the property. Easements lying in,
on, over, under and along those certain strips of land designated and delineated as
“O.S.E.” (Open Space Easement). No activity or use shall be conducted in said open
space easement which is not compatible with maintaining and preserving the natural or
scenic character of the land. The open space easement shall be maintained by the
property owner. Said easements shall be kept open and free from buildings and
structures of any kind except public service structures, irrigation systems, and
appurtenances thereto, lawful fences and all lawful roof overhangs.
9. PUBLIC ART: The applicant shall comply with the requirements of Chapter 25, Article VII
of the Town Code. The payment of the Los Gatos Public Art Fund in-lieu fee must be
made prior to the issuance of any building permit for the development project.
10. 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.
11. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being
removed. The number of trees and size of replacement trees shall be determined using
the canopy replacement table in the Town Code.
12. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan and must remain on the site.
13. 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.
14. 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 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.
15. TREE STAKING: Prior to final inspection, all newly planted trees shall be double staked
using rubber tree ties.
16. LANDSCAPING: The final landscape plan shall comply with the Hillside Development
Standards and Guidelines criteria for planting (ornamental planting shall be confined to
areas within 30 feet of the house, inclusive of decks, patios and driveway). Prior to
issuance of the Certificate of Occupancy, landscaping must be installed and completed.
17. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including
landscape and irrigation plans and calculations, shall meet the Town of Los Gatos Water
Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is
more restrictive. The final landscape plan shall be reviewed by the Town’s consultant
prior to issuance of building permits. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans
are submitted for review.
18. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site
shall be removed within 30 days of final action on the applications.
19. EXTERIOR COLOR: The exterior colors of the house shall not exceed an average light
reflectivity value of 30 and shall blend with the natural vegetation.
20. LRV DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction
shall be recorded by the applicant with the Santa Clara County Recorder’s Office that
requires all exterior colors to be maintained in conformance with the Hillside
Development Standards and Guidelines.
21. PROPERTY FENCE: All new fencing shall comply with Town Code Section 29.40.0315 at
building permit stage, unless an exception is granted by the Community Development
Director.
22. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood
lights shall be used unless it can be demonstrated that they are needed for safety or
security. The lighting plan shall be reviewed during building plan check.
21. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement (“the Project”) from the Town
shall defend (with counsel approved by Town), indemnify, and hold harmless the Town,
its agents, officers, and employees from and against any claim, action, or proceeding
(including without limitation any appeal or petition for review thereof) against the Town
or its agents, officers or employees related to an approval of the Project, including
without limitation any related application, permit, certification, condition,
environmental determination, other approval, compliance or failure to comply with
applicable laws and regulations, and/or processing methods (“Challenge”). Town may
(but is not obligated to) defend such Challenge as Town, in its sole discretion,
determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and
other litigation expenses) arising out of or related to any Challenge (“Costs”), whether
incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town
upon demand any Costs incurred by the Town. No modification of the Project, any
application, permit certification, condition, environmental determination, other
approval, change in applicable laws and regulations, or change in such Challenge as
Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and
expense. No modification of the Project, any application, permit certification, condition,
environmental determination, other approval, change in applicable laws and
regulations, or change in processing methods shall alter the applicant’s indemnity
obligation.
22. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
ENVIRONMENTAL REVIEW MITIGATION MEASURE CONDITIONS APPLICABLE TO ALL LOTS *
23. *AIR QUALITY - III-1: The project applicant shall show on Improvement Plans via
notation that the project contractor shall restrict the construction of the off-site
sidewalk improvements along the north side of Blossom Hill Road between Regent Drive
and Union Avenue and along the north side of Fisher Avenue between Mitchell Avenue
and Roberts Road from occurring simultaneously with the on-site construction of the
proposed project. Alternatively, if simultaneous construction of the on-site and off-site
components of the proposed project cannot be avoided, prior to the initiation of ground
disturbance associated with the off-site sidewalk improvements, the project applicant
shall show on project improvement plans via notation the following requirements:
• The contractor shall ensure that all construction equipment greater than 50
horsepower to be used in the construction of the off-site sidewalk
improvements, including owned, leased, and subcontractor vehicles, shall be Tier
4 final off-road construction equipment. In addition, all off-road equipment
operating at the off-site construction site must be maintained in proper working
condition according to manufacturer’s specifications.
• Idling shall be limited to five minutes or less in accordance with the In-Use Off-
Road Diesel Vehicle Regulation as required by CARB. Clear signage regarding
idling restrictions shall be placed at the entrances to the construction site.
• Portable equipment over 50 horsepower must have either a valid BAAQMD
Permit to Operate (PTO) or a valid statewide Portable Equipment Registration
Program (PERP) placard and sticker issued by CARB.
• Conformance with the foregoing requirements shall be confirmed through review
and approval of plans by the Town of Los Gatos Community Development
Department. Road Diesel Vehicle Regulation as required by CARB. Clear signage
regarding idling restrictions shall be placed at the entrances to the construction
site.
• Portable equipment over 50 horsepower must have either a valid BAAQMD Permit
to Operate (PTO) or a valid statewide Portable Equipment Registration Program
(PERP) placard and sticker issued by CARB.
Conformance with the foregoing requirements shall be confirmed through review and
approval of plans by the Town of Los Gatos Parks and Public Works Department.
24. *BIOLOGICAL RESOURCES IV- 1, CALIFORNIA RED-LEGGED FROG: Within 48 hours prior
to any ground disturbing activities or vegetation clearing within 50 feet of Ross Creek, a
pre-construction survey for California red-legged frog shall be conducted by a qualified
biologist. Survey results shall be submitted to the Town of Los Gatos Community
Development Department.
25. *BIOLOGICAL RESOURCES IV- 2- CALIFORNIA RED-LEGGED FROG: If California red-legged
frog is encountered, activities shall cease until the animal moves out of any proposed
work area on its own or is relocated by a permitted qualified biologist. Proof of
compliance with this mitigation measure shall be provided to the Town of Los Gatos
Community Development Department.
26. *BIOLOGICAL RESOURCES IV- 3, CALIFORNIA RED-LEGGED FROG: During construction
activities, fiber netting such as silt fence or similar material shall be used for erosion
control where appropriate throughout the project site and within 50 feet of Ross Creek
to ensure that California red-legged frog does not get trapped. Proof of compliance with
this mitigation measure shall be provided to the Town of Los Gatos Community
Development Department.
27. *BIOLOGICAL RESOURCES IV-4, WHITE-TAILED KITE AND OTHER NESTING RAPTORS AND
MIGRATORY BIRDS: If tree removal or ground disturbing activities are scheduled to
commence during the nesting season (February 1st through August 31st), a pre-
construction nesting bird survey shall be conducted by a qualified biologist within seven
days prior to such activities to identify possible nesting activity. Survey results shall be
submitted to the Town of Los Gatos Community Development Department. If active nests
are not found further mitigation is not required. If one or more active nests are found, a
construction-free buffer of suitable dimensions shall be established around any active
raptor or migratory bird nest for the duration of the project, or until the qualified biologist
has determined that the chicks have fledged and are foraging independently from their
parents. The buffer shall be identified on the ground with flagging or fencing. The buffer
distance shall be determined by the on-site qualified biologist based on the species, level
of disturbance activity, location of the nest, and the topography between the nest and
the construction activity; the construction-free buffer shall consist of a minimum starting
distance of 250 feet for raptors and 25 feet for other birds. Proof of compliance with this
mitigation measure shall be provided to the Town of Los Gatos Community Development
Department.
28. *BIOLOGICAL RESOURCES IV-5, PALLID BAT AND TOWNSEND’S BIG EARED BAT: Prior to
the commencement of construction activities, a qualified biologist shall conduct a bat
habitat assessment of all potential roosting habitat features, including trees within the
proposed impact footprint within the project vicinity. The habitat assessment shall
identify all potentially suitable roosting habitat and may be conducted up to one year
prior to the start of construction. The results of the assessment shall be submitted to the
Town of Los Gatos Community Development Department.
29. *BIOLOGICAL RESOURCES IV-6, PALLID BAT AND TOWNSEND’S BIG-EARED BAT: If
potential roosting habitat is identified (cavities in trees or potential roosts within
structures) within the areas proposed for impact, the biologist shall survey the potential
roosting habitat during the active season (generally April through October or from
January through March on days with temperatures in excess of 50 degrees Fahrenheit)
within seven days prior to the start of construction activities to determine the presence
of roosting bats. The surveys are recommended to be conducted utilizing methods that
are considered acceptable by CDFW and bat experts. Methods may include evening
emergence surveys, acoustic surveys, inspecting potential roosting habitat with fiberoptic
cameras, or a combination thereof. If a non-breeding bat colony is discovered, the
individuals shall be humanely evicted via two-step removal under the direction of a
qualified biologist to ensure that harm or take would not occur to any bats as a result of
tree removal. Two-step removal can only occur during March 1 to April 15 and September
1 to October 15 to avoid harm to maternity and overwintering colonies. If a maternity
colony is detected, then a qualified biologist shall determine an appropriate size for a
construction-free buffer to be established around the tree and remain in place until the
qualified biologist has determined that the nursery is inactive. Tree removal shall
preferably be done between March 1 and April 15 or August 15 and October 15 to avoid
interfering with an active nursery. Proof of compliance with this mitigation measure shall
be provided to the Town of Los Gatos Community Development Department.
30. *BIOLOGICAL RESOURCES IV-7, SAN FRANCISCO DUSKY-FOOTED WOODRAT: A qualified
biologist shall conduct a pre-construction survey for San Francisco dusky-footed woodrat
nests between 30 and 14 days prior to the onset of construction activities. The survey
shall encompass all construction zones within the woodland habitat and developed areas,
and surrounding lands within 25 feet. Results of the assessment shall be submitted to the
Town of Los Gatos Community Development Department.
Identified nests shall be avoided, where possible, and buffered by a minimum of 20 feet.
If avoidance is not possible, the nest(s) shall be manually deconstructed by a qualified
biologist when helpless young are not present, typically during the non-breeding season
(October through January). If is the qualified biologist has determined that young may be
present during the nest deconstruction, a suitable buffer of a minimum of 20 feet shall be
established around the nest until a qualified biologist determines that the young are
independent enough to successfully move from the deconstructed nest. Approximate age
of the juveniles shall be recorded when observed and appropriate time shall be
extrapolated out to when they would be independent from their parents; then the
deconstruction can continue after the biologist confirms that the young are not present
in the nest at the time. Proof of compliance with this mitigation measure shall be provided
to the Town of Los Gatos Community Development Department.
31. *BIOLOGICAL RESOURCES IV-8, AMERICAN BADGER: During the course of the pre-
construction surveys for other species, a qualified biologist shall also determine the
presence or absence of badgers prior to the start of construction. If badgers are found to
be absent, other mitigations for the protection of badgers shall not be warranted. If an
active badger den is identified during pre-construction surveys within or immediately
adjacent to an area subject to construction, a construction-free buffer of up to 300 feet
shall be established around the den. Once a qualified biologist has determined that
badger has vacated the burrow, the burrow can be collapsed or excavated, and ground
disturbance can proceed. Should the burrow be determined to be a natal or reproductive
den, and because badgers are known to use multiple burrows in a breeding burrow
complex, a biological monitor shall be present on-site during construction activities in the
vicinity of the burrows to ensure the buffer is adequate to avoid direct impacts to
individuals or natal/reproductive den abandonment. The monitor shall be present until is
the qualified biologist has determined that young are of an independent age and
construction activities would not harm individual badgers. Additionally, all workers shall
attend a “tailgate” training that includes a description of the species, a brief summary of
the species’ biology, and minimization measures and instructions on what to do if
American badger is observed. Proof of compliance with this mitigation measure shall be
provided to the Town of Los Gatos Community Development Department.
32. * BIOLOGICAL RESOURCES IV-9, BURROWING OWL: A qualified biologist shall conduct a
preconstruction survey for burrowing owl following the 2012 CDFW Guidelines, or the
most recent guidelines, which includes two surveys, one within 14 days prior to the start
of construction and the second within 24 hours prior to the start of construction. If a lapse
in project-related work of 15 calendar days or longer occurs, an additional survey shall be
required prior to reinitiation. A written summary of the survey results shall be submitted
to the Town of Los Gatos Community Development Department before any construction
permits are issued. If burrowing owls or active burrows/refugia are not found, then
further mitigation measures are not necessary. Identified burrowing owls shall be avoided
and active burrowing owl burrows shall be avoided with a 250-foot non-disturbance
buffer until the burrow is abandoned. The project biologist shall conduct a weekly check-
in to confirm the buffer is still intact and confirm the current activity of that burrow. Proof
of compliance with this mitigation measure shall be provided to the Town of Los Gatos
Community Development Department.
33. * BIOLOGICAL RESOURCES IV-10: Prior to the start of construction activities, the
applicant shall comply with the Town of Los Gatos Tree Protection Ordinance, and a tree
removal permit shall be obtained from the Town for the removal of any on-site trees
that qualify as a protected tree. If the trees proposed for removal are found to be in
good condition, and the tree removal permit is granted primarily for the convenience of
the applicant, then the full cost and responsibility of such removal shall be borne by the
applicant, including planting of replacement trees. According to the Tree Mitigation and
Protection Plan prepared for the proposed project, the project would not meet the
required on-site tree replacement requirement; thus, the project applicant shall pay the
appropriate in-lieu fees, pursuant to the requirements of Division II of Chapter 29.10 of
the Town’s Municipal Code. The above noted requirements shall be completed to the
satisfaction of the Town of Los Gatos Planning Division.
34. *CULTURAL RESOURCES V-1: If historic, archaeological, or paleontological resources are
encountered during subsurface excavation activities, all construction activities within a
100-foot radius of the resource shall cease until a qualified archaeologist determines
whether the resource requires further study. The Town shall require that the applicant
include a standard inadvertent discovery clause in every construction contract to inform
contractors of this requirement. Any previously undiscovered resources found during
construction shall be recorded on appropriate California Department of Parks and
Recreation forms and evaluated for significance in terms of California Environmental
Quality Act (CEQA) criteria by a qualified archaeologist. Potentially significant cultural
resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or
features, including hearths, structural remains, or historic dumpsites. If the resource is
determined to be significant under CEQA, the Town and a qualified archaeologist shall
determine whether preservation in place is feasible. Such preservation in place is the
preferred mitigation. If such preservation is infeasible, the qualified archaeologist shall
prepare and implement a research design and archaeological data recovery plan for the
resource. The archaeologists shall also conduct appropriate technical analyses, prepare a
comprehensive written report and file the report with the appropriate information center
(California Historical Resources Information System), and provide for the permanent
curation of the recovered materials.
35. *CULTURAL RESOURCES V-2: If human remains, or remains that are potentially human,
are found during construction, all work shall be halted immediately within 100 feet, and
a professional archeologist shall ensure reasonable protection measures are taken to
protect the discovery from disturbance. The archaeologist shall notify the Santa Clara
County Coroner (pursuant to Section 7050.5 of the State Health and Safety Code). The
provisions of Section 7050.5 of the California Health and Safety Code, Section 5097.98 of
the California Public Resources Code, and Assembly Bill (AB) 2641 will be implemented.
If the Coroner determines the remains are Native American and not the result of a crime
scene, then the Coroner will notify the Native American Heritage Commission (NAHC),
which then will designate a Native American Most Likely Descendant (MLD) for the
project (Section 5097.98 of the Public Resources Code). The designated MLD will have
48 hours from the time access to the property is granted to make recommendations
concerning treatment of the remains. If the applicant does not agree with the
recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the Public
Resources Code). If an agreement is not reached, the qualified archaeologist or MLD
must rebury the remains where they will not be further disturbed (Section 5097.98 of
the Public Resources Code). This will also include either recording the site with the
NAHC or the appropriate Information Center, using an open space or conservation
zoning designation or easement, or recording a reinternment document with the county
in which the property is located (AB 2641). Work cannot resume within the no-work
radius until the lead agency, through consultation as appropriate, determines that the
treatment measures have been completed to the Town’s satisfaction.
36. *GEOLOGY AND SOILS VII-1: Prior to approval of any grading or improvement plans for
the project, a licensed engineer shall review the plans to ensure the engineering
recommendations set forth in the site-specific Geotechnical and Geologic Hazard
Investigation prepared for the proposed project by Cornerstone Earth Group are
adequately incorporated, including all relevant CBSC standards, to the satisfaction of the
Town’s Engineer. All grading and improvement plans shall be reviewed and approved by
the Town of Los Gatos Community Development Department and the Town’s Engineer.
37. *HYDROLOGY AND WATER QUALITY X-1: Prior to any ground-disturbing activities, the
project applicant shall prepare and submit a final erosion and sediment control plan for
review and approval by the Town of Los Gatos Engineering Division of the Parks and
Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution
Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water
Quality Control Board. A maximum of two weeks is allowed between clearing of an area
and stabilizing/building on an area if grading is allowed during the rainy season. Prior to
any ground disturbance, the on-site aquatic features (i.e. the ephemeral
drainage/drainage swale and Ross Creek) shall be flagged by a qualified biologist with
highly visible flagging tape, or similar, to clearly demarcate the limits of the aquatic
features, and interim erosion control measures shall be installed around the aquatic
features, at a minimum. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets,
Town standard seeding specification, filter berms, check dams, retention basins, etc.
The project contractor shall provide erosion control measures as needed to protect
downstream water quality during winter months. The grading, drainage, erosion control
plan and SWPPP shall be prepared in compliance with applicable measures contained in
the amended provisions C.3 and C.14 of most current Santa Clara County National
Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP).
Monitoring for erosion and sediment control is required and shall be performed by the
Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by
the Construction General Permit. Stormwater samples are required for all discharge
locations and projects may not exceed limits set forth by the Construction General
Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action Plan
(REAP) shall be developed 48 hours prior to any likely precipitation event, defined by a
50 percent or greater probability as determined by the National Oceanic and
Atmospheric Administration (NOAA), and/or whenever rain is imminent. The QSD or
QSP must print and save records of the precipitation forecast for the project location
area from (https://www.cpc.ncep.noaa.gov/) which shall accompany monitoring reports
and sampling test data. A rain gauge is required on-site. The Town of Los Gatos Parks
and Public Works Department and the Building Department shall conduct periodic
NPDES inspections of the site throughout the recognized storm season to verify
compliance with the Construction General Permit and Stormwater ordinances and
regulations.
38. *NOISE XIII-1: For any construction proposed within 25 feet of a noise-sensitive
receptor, the proposed project shall implement construction equipment staging areas to
create distance between construction-related noise sources and noise-sensitive
receptors; use electric tools; use mobile construction equipment with smart back-up
alarms; and implement additional noise attenuation techniques during the clearing,
earth moving, grading, and foundation/conditioning phases of construction, such as
temporary sound barriers between the construction site and the sensitive receptors.
The foregoing requirements shall be included in the grading plan to the satisfaction of
the Town’s Engineer and shall be submitted for review and approval to the Town of Los
Gatos Community Development Department.
39. *NOISE XIII-2: Any compaction required within 26 feet of existing structures adjacent to
the off-site improvement areas shall be accomplished by using static drum rollers,
rather than vibratory compactors/rollers, which use weight instead of vibrations to
achieve soil compaction. As an alternative, preconstruction crack documentation and
construction vibration monitoring could be conducted to ensure that construction
vibrations do not cause damage to any adjacent structures. The above requirements
shall be included by way of notation on any future improvement plans approved for the
off-site improvements to the satisfaction of the Town of Los Gatos Community
Development Department.
40. *TRANSPORTATION XVII-1: Concurrent with submittal of final project improvement
plans, the project applicant shall also submit to the Town of Los Gatos, Parks and Public
Works Departement for review and approval off-site improvement plans showing the
construction of new sidewalks at the following intersections:
• Along the north side of Blossom Hill Road between Regent Drive and Union
Avenue; and
• Along the north side of Fisher Avenue between Mitchell Avenue and Roberts
Road.
The improvement plans shall demonstrate, to the satisfaction of the Town Engineer,
that the off-site sidewalk improvements would comply with all applicable design
parameters and requirements set forth by the Town of Los Gatos. The off-site
improvements shall be constructed prior to the issuance of any certificate of occupancy
for the project.
APPLICABLE TO LOT 3
41. TREE PROTECTION: Prior to issuance of a grading or building permit, the grading and
retaining wall plans shall be revised to ensure no work occurs within the dripline of
Trees #569 and #566. The revised plans shall be reviewed and approved by the Town’s
Consulting Arborist, at the applicant’s expense, prior to permit issuance.
APPLICABLE TO LOTS 7 AND 8
42. SWIMMING POOL: Prior to the issuance of a building permit, the proposed pool location
shall be modified to ensure that the pool is located on a slope less than 30 percent,
consistent with the Hillside Development Standards and Guidelines.
Building Division
APPLICABLE TO ALL LOTS
43. PERMITS REQUIRED:
a. A Building Permit is required for the construction of each new single-family
residence and attached garage.
b. Additional Building Permits will be required for retaining walls supporting a
surcharge that are not part of a building foundation.
c. A separate Building Permit will be required for each swimming pool.
d. A separate Building Permit will be required for the PV System and must be
finalized prior to the issuance of the Certificate of Occupancy.
44. 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. Building Permit applications received after
December 19, 2025, will be subject to the 2025 California Building Standards Code,
California Code of Regulations Title 24, Parts 1-12.
45. CONDITIONS OF APPROVAL: The Conditions of Approval must be included on plan
sheets within the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval
will be addressed.
46. BUILDING AND SUITE NUMBERS: Submit requests for new building addresses to the
Building Division before submitting the building permit application.
47. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
48. 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.
49. FOUNDATION INSPECTIONS: A pad certificate, prepared by a licensed civil engineer or
land surveyor, shall be submitted to the project Building Inspector at the time of the
foundation inspection. This certificate shall certify compliance with the
recommendations specified in the Soils Report and confirm that the building pad
elevations and on-site retaining wall locations and elevations have been prepared in
accordance with the approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
50. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be directly printed onto a plan sheet.
51. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at
water closets, showers, and bathtubs, located 34 inches from the floor to the
center of the backing, suitable for the installation of grab bars if needed in the
future.
b. All passage doors shall be at least 32-inch-wide doors on the accessible floor
level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level
landing, no more than 1 inch out of plane with the immediate interior floor level
and with an 18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
52. 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.
53. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
54. WILDLAND-URBAN INTERFACE: This project is in a Wildland-Urban Interface High Fire
Area and must comply with the relevant Wildland-Urban fire protection regulations in
effect at the time of permit submittal.
55. 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.
56. 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.
57. 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 a Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
APPLICABLE TO ALL LOTS
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.
58. PAYMENT OF PARKS AND PUBLIC WORKS (“PPW”) ENGINEERING PLAN CHECK FEE AND
INSPECTION FEE: At the time of the first construction submittal, the Applicant shall
submit to the Town Engineer for approval a detailed construction project cost estimate
prepared and stamped by the Applicant’s civil engineer. The cost estimate shall break
out on-site and off-site improvements separately. This cost estimate will be used to
determine the Engineering Plan Check Fee. A final construction cost estimate shall be
provided once the project plans are approved. This cost estimate will be used to
determine the Engineering Inspection Fee. The Engineering Inspection Fee must be paid
prior to the issuance of any construction related permit.
59. 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 for consultant plan review and
inspection services, plus a 20 percent deposit for staff time to process the project. 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.
60. STORM DRAINAGE FEE: The Applicant shall pay Storm Drainage Fees in accordance with
the Town’s Adopted Schedule of Fees and Charges in effect at the date of Housing Crisis
Act of 2019 (SB330) application for the future construction of drainage facilities serving
new buildings, improvements, or structures to be constructed which substantially impair
the perviousness of the surface of land. The estimated fee based on the fiscal year 2023-
2024 fee schedule and various lot acreages are as follows:
a. Lot 1 – 0.5 acres - $2,435.50.
b. Lot 2 – 0.79 acres - $3,848.09.
c. Lot 3 – 0.55 acres - $2,679.05.
d. Lot 4 – 0.59 acres - $2,873.89.
e. Lot 5 – 0.85 acres - $4,140.35.
f. Lot 6 – 0.78 acres - $3,799.38.
g. Lot 7 – 1.18 acres - $4,871.00.
h. Lot 8 – 4.9 acres - $4,871.00.
i. Lot 9 – 1.7 acres - $4,871.00.
j. Lot 10 – 5.48 acres - $4,871.00.
k. Lot 11 – 0.11 acres - $535.81.
l. Lot 12 – 0.11 acres -$535.81.
61. TRAFFIC IMPACT FEES: The Owner shall pay the project's proportional share of
transportation improvements needed to serve cumulative development within the
Town of Los Gatos. The fee amount will be based upon the fee schedule in place at the
time of the Housing Crisis Act of 2019 (SB 330) application, in accordance with the law.
The fiscal year 2023-2024 Comprehensive Fee Schedule amount for new average daily
trip generated is $1,104.00. The new average daily trips generated shall be obtained
from the Institute of Transportation Engineers most current trip generation data
released at the time the fee is paid. The fee shall be paid before issuance of any
certificate of occupancy, including any temporary certificates that may be issued.
62. 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 $1.43
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. Payment of this fee shall pe paid prior to
issuance of the first building permit.
63. PERMITS REQUIRED BY OTHER AGENCIES: The Applicant shall obtain all applicable
permits from federal, state, and local agencies as required to construct the proposed
improvements. The Applicant is hereby informed that permits may be required by one
(1) or more of the following: Army Corps of Engineers, Fish and Wildlife (1603), The Bay
Area Joint Aquatic Resources Permit Application (JARPA), Regional Water Quality
Control Board, Santa Clara County Roads and Airports, Valley Water, or Habitat Permit.
If the project is within jurisdiction of any of these agencies, verification of permit or
waiver of permit must be given to PPW prior to issuance of any required Town permits.
If the Town is required to be a party to the permit application and a fee is required, the
Applicant shall reimburse the Town for its cost. A copy of these permits shall be
provided to the satisfaction of the Town Engineer prior to the issuance of the first
building permit.
64. 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. 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.
65. PUBLIC IMPROVEMENTS: Prior to the approval of any permits or final map, whichever
comes first, the Applicant/Owner must complete construction of public improvements
listed in these conditions. Prior to any work being done in the Town's right-of-way, the
Applicant must submit Public Improvement Plans for review and approval. All public
improvements shall be made in accordance to the Town’s latest adopted Standard
Plans, Standard Specifications, and Engineering Design Standards and constructed prior
to final map approval unless otherwise noted below. The Applicant is required to
confirm the location of existing utility lines by potholing. Prior to any potholing,
Applicant shall submit an Encroachment Permit application with a pothole plan for
Town review and approval. The Applicant shall provide the pothole results to the Town
Engineer prior to final design. All existing public utilities shall be protected in place and,
if necessary, relocated as approved by the Town Engineer. No private facilities are
permitted within the Town right-of-way or within any easement unless otherwise
approved by the Town Engineer. The Applicant shall have Public Improvement Plans
prepared, stamped, and signed by a California licensed civil engineer.
Once the Public Improvement Plans have been approved, the Applicant shall submit an
application for an Encroachment Permit. The Encroachment Permit requires the
Applicant to post the required bonds and insurance and provide a one (1) year warranty
for all work to be done in the Town's right-of-way or Town easement. New concrete
shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is
damaged shall be removed and replaced at the Contractor’s sole expense. Prior to
issuance of the encroachment permit, the Applicant shall submit a temporary traffic
control plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk
closures. Special provisions such as limitations on working hours, protective enclosures, or
other means to facilitate public access in a safe manner may be required. The TTCP shall
comply with the State of California Manual of Uniform Traffic Control Devices
(“MUTCD”) and standard construction practices. The project engineer shall notify the
Town Engineer in writing of any proposed changes. Any proposed changes to the
approved plans shall be subject to the approval of the Town. The Applicant shall not
commence any work deviating from the approved plans until such deviations are
approved. Any approved and constructed changes shall be incorporated into the final
“as-built” plans. Right-of-way/Public improvements shall include, at a minimum, the
following items:
a. BLOSSOM HILL ROAD: The Applicant shall install sidewalk along the north side of
Blossom Hill Road between Regent Drive and Union Avenue.
b. FISHER AVENUE: The Applicant shall install sidewalk along the north side of
Fisher Avenue between Mitchell Avenue and Roberts Road.
c. DRIVEWAY APPROACH(ES): The Applicant shall install three (3) Town Standard
driveway approaches as shown on the approved plans. The new driveway
approaches shall be constructed per the Town Standard Drawing.
d. CERRO VISTA COURT: Due to construction activities, new utility cuts along the
project frontage, and the anticipated project’s truck traffic, the Applicant shall
grind and provide a 2.5” overlay along the full width of Cerro Vista Court from
Cerro Vista Drive to the driveway at Lot 10 frontage. Prior to overlay, any base
failure repair or required dig-outs identified by the PPW Inspector shall be
completed. The Town Engineer shall approve the roadway repair prior to the
release of utilities, final inspection, or issuance of a certificate of occupancy,
whichever occurs first.
e. TWIN OAKS DRIVE: Due to construction activities, new utility cuts along the
project frontage, and the anticipated project’s truck traffic, the Applicant shall
grind and provide a 2.5” overlay along the full width of Cerro Vista Court from
Cerro Vista Drive to the driveway at Lot 10. frontage. Prior to overlay, any base
failure repair or required dig-outs identified by the PPW Inspector shall be
completed. The Town Engineer shall approve the roadway repair prior to the
release of utilities, final inspection, or issuance of a certificate of occupancy,
whichever occurs first.
66. 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.
67. NEIGHBORING RUNOFF: Revise the proposed grading to ensure that the proposed
improvements do not divert runoff to the detriment of adjacent properties.
68. 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
f. Plans shall be submitted, reviewed, and approved by the Town Engineer prior to
the commencement of work.
69. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS: The Grading Permit Plans
and Public Improvement Plans (together referred to as “Improvement Plans”) shall be
submitted as a set to Parks and Public Works Department along with a title report dated
no older than 30 days from the date the Improvement Plans are submitted. The
Improvement Plans shall be submitted at the same time as the Building Plans are
submitted to the Building Department. All improvements shall be designed and
constructed in accordance with Federal law, State law, Los Gatos Town Code, and the
Los Gatos Standard Specifications and Details.
a. 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:
b. 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.
c. The Approved Conditions of Approval printed within the plan set starting on the
second sheet of the plan set.
d. 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.
e. 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.
f. 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.
g. 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.
h. 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.
i. A Traffic Signal Plan (as applicable) shall include a conduit schedule, conduit plan,
pole locations, streetlights, intersection striping, power connection and meter
locations, and as directed.
j. 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.
k. A Composite Plan showing civil, landscape, electrical, and joint trench locations
combined on one drawing to identify potential conflicts between disciplines. The
Composite Plan shall include the size, location, and details of all trenches,
locations of building utility service stubs and meters, and placements or
arrangements of junction structures as a part of the Improvement Plan
submittals for the project. Show preferred and alternative locations for all utility
vaults and boxes if project has not obtained PG&E approval. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility improvement
plans. (All dry utilities shall be placed underground). A note shall be placed on
the joint trench composite plans which states that the plan agrees with Town
Codes and Standards and that no underground utility conflict exists.
l. General Notes found in the Town of Los Gatos General Guidelines.
m. 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.
n. A statement that all utility boxes in vehicular pathways shall be traffic-rated.
70. STANDARD PLAN COMPLIANCE: The project shall comply with the Town’s Standard
Plans to the approval of the Town Engineer. Street improvements, all street sections,
the design of all off-site storm drainage facilities shall be in accordance with most
current Town Standard Specifications and Standard Plans approved by the Town
Engineer. Improvements deemed necessary by the Town Engineer shall be shown on the
Improvement Plans.
71. 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.
72. UNDERGROUND UTILITIES: 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. Underground utility plans must be
submitted to the Town and approved by the Town Engineer prior to installation.
73. 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.
74. 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.
75. PREPARATION OF ELECTRICAL PLANS: All street lighting and traffic signal electrical plans
shall be prepared by a California registered professional engineer experienced in
preparing these types of plans. The Applicant shall submit necessary stamped and
signed Traffic Signal Plan with the Improvement Plans.
76. 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 shall be approved by the Town
Engineer and shall be addressed on the construction plans submitted for the first
building permit. Any subsequent building permits that include any site lighting shall also
meet these requirements.
77. STORM DRAINAGE STUDY: The Applicant shall submit a Storm Drainage Study for the
proposed development stormwater conveyance system evaluating pre- and post-
development peak discharge rates for the theoretical 2-year, 10-year, and 100-year (50-
percent, 10-percent, and 1-percent annual chance) storm events including supporting
hydraulic calculations for proposed pipe network. The study must address sizing and
design details for the stormwater treatment systems proposed with the development.
The study shall include an evaluation of the project site drainage including topography,
natural drainage patterns, and existing man-made diversions (structures, raised pads,
fences, etc.). If the study indicates that the theoretical water surface elevation or
hydraulic grade line of the proposed development during a 10 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 study for review and approval by
the Town Engineer prior to the issuance of the first building permit.
78. 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 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.
79. 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.
80. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drains (public or private) directly connected to public
storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay”
NPDES required language using methods approved by the Town Engineer on all storm
inlets surrounding and within the project parcel. Furthermore, storm drains shall be
designed to serve exclusively stormwater. Dual-purpose storm drains that switch to
sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall
obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
81. OFF-SITE DRAINAGE: The Applicant shall not alter any existing drainage patterns without
an approved Grading Permit.
82. 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.
83. GRADING AND 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.
84. 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.
85. 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.
86. GEOTECHNICAL REVIEW: Prior to building permit issuance, the Applicant’s Geotechnical
Engineer shall submit a design level geotechnical report. The report will require a peer
review by the Town’s geological and geotechnical consultant. A deposit 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 approved, the geotechnical engineer
shall review the grading and drainage plan and proposed pavement and foundation
design to verify that the design is in accordance with their recommendations. The
Applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by
letter or by signing and stamping the plans. All grading operations and soil compaction
activities shall be per the approved project’s design level geotechnical report. The
Applicant shall add this condition to the general notes on the grading plan.
87. 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.
88. FLOODPLAIN MANAGEMENT: The Applicant shall submit to the Town Engineer a letter
stamped and signed by the Engineer in Charge stating that: 1) all requirements of
Chapter 29, Article 9 of the Town Code have been satisfied; 2) all other required state
and federal permits have been obtained; 3) the site is reasonably safe—a state where
hazards and conditions leading to harm are controlled, and a person can expect an
environment to be free from dangers that a reasonable person would anticipate—from
flooding; and 4) the proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined but a floodway has
not been designated. For purposes of this article, "adversely affects" means that the
cumulative effect of the proposed development when combined with all other existing
and anticipated development will increase the water surface elevation of the base flood
more than one (1) foot at any point. If the site is filled above the base flood elevation,
the lowest pad and floor elevations shall be certified by a California registered
professional engineer or land surveyor and provided to the Town Engineer.
89. 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.
90. 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.
91. 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. 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.
92. OVERHEAD UTILITY CLEARANCE: For projects that have overhead utility lines on-site that
travel over new buildings, the Applicant shall obtain a letter from the utility company
indicating that there is adequate overhead clearance from the utility to the proposed
building. The letter shall be submitted with the first set of improvement plans
submitted. The plans shall show the existing utility pole, any necessary proposed pole
protection (including overhead clearance warning identification), and shall be confirmed
satisfactory with the utility company. The letter shall be to the approval of the Town
Engineer.
93. SITE LANDSCAPING COORDINATION: The Applicant shall coordinate the overall site
landscaping and the stormwater treatment area landscaping. Stormwater treatment
areas should be identified on the site first, and then site landscaping to make sure the
correct plant material is identified for each area. Some site landscaping plant material
may not be suitable in stormwater treatment areas due to the nature of the facility.
Sanitary sewer facilities cannot be aligned through stormwater treatment facilities.
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.
94. 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.
95. SUBDIVISION (FINAL) MAP: The Applicant shall have a subdivision map, prepared by a
person authorized to practice land surveying in California, delineating all parcels created
or deleted and all changes in lot lines in conformance with the Los Gatos Town Code and
the Subdivision Map Act. Existing buildings shall be demolished prior to the recordation
of the map if they will conflict with any newly created lot line. The Town Council must
approve all Final Maps. The Town Council meeting will be scheduled after the Final Map,
Public Improvement Plans, Stormwater Treatment Facilities Maintenance Agreement,
Landscape Maintenance Agreement, Subdivision Improvement Agreement (if
applicable) and constructed improvements (onsite and offsite) 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 first building permit review of any market rate lots.
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.
96. SUBDIVISION IMPROVEMENT AGREEMENT (“SIA”) – If any required subdivision or public
improvements is not completed to the satisfaction of the Town Engineer before the final
map is recorded or filed, the subdivider shall, prior to the approval by the Town Council
of the final map and if permitted by Town Engineer, enter as a contractor into an
agreement with the Town per Town Code Section 24.40.020, Gov. Code Section
66462(a), and shall arrange to provide Payment and Performance bonds each for 100
percent of the cost of subdivision and public infrastructure improvements to be
constructed. These improvements shall include, but not be limited to, roadway
construction, sidewalk, curb and gutter, storm lines, street lights, utilities and signal
equipment. Town Standard insurance shall be provided per the terms of the agreement.
The agreement will be forwarded to the Town Council for approval with project Final
Map. The SIA shall be approved by the Town Council prior to Final Map approval.
97. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set
per 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.
98. IMPROVEMENTS AND CONDITIONS: Pursuant to Gov. Code § 66499.30 No person shall
sell, lease, or finance any parcel or parcels of real property or commence construction of
any building for sale, lease or financing thereon, except for model homes, or allow
occupancy thereof, for which a final map is required by this division or local ordinance,
until the final map thereof in full compliance with this division and any local ordinance
has been filed for record by the recorder of the county in which any portion of the
subdivision is located
99. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&R): The Applicant shall prepare and
submit project Covenants, Conditions and Restrictions (CC&R) for the project. The
CC&Rs shall be submitted with the project map for review and approval of the Town
Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include
relevant project Conditions of Approval and shall include language that restricts the
Homeowner’s Association from making changes to the CC&Rs without first obtaining
approval from the Town. References to the Stormwater Treatment Facilities
Maintenance Agreement obligations shall be incorporated. The CC&Rs shall be reviewed
and approved prior to the Town Council approval of the Final map.
100. PLAN DEFICIENCIES: Prior to final map approval, Applicant shall remedy existing plan
inconsistencies and deficiencies remaining in entitlement plans.
101. C.3. REVIEW: Owner/Applicant shall complete C.3. Stormwater Review with Town
Stormwater Consultant. Outstanding comments must be addressed prior to final map
approval.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR
IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
102. ELEVATION CERTIFICATE: An elevation certificate per FEMA requirements must be
completed by a Land Surveyor or Civil Engineer. The elevation certificate shall be
submitted and approved by the Town Engineer prior to issuance of the first building
certificate of occupancy.
103. RECORD DRAWINGS: The Applicant shall submit a scanned PDF set of stamped record
drawings and construction specifications for all off-site improvements to the
Department of Parks and Public Works. All underground facilities shall be shown on the
record drawings as constructed in the field. The Applicant shall also provide the Town
with an electronic copy of the record drawings in the AutoCAD Version being used by
the Town at the time of completion of the work. The Applicant shall also submit an
AutoCAD drawing file of all consultants composite basemap linework showing all public
improvements and utility layouts. This condition shall be met prior to the release of
utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs
first.
104. 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.
105. 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.
106. STORMWATER MANAGEMENT FACILITIES INSPECTION: Prior to final inspection, the
Applicant must facilitate the testing of all stormwater facilities by a certified QSP or QSD
to confirm the facilities are meeting the minimum design infiltration rate. All tests shall
be made at on 20 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.
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
107. PROJECT CONSTRUCTION SETUP: All storage and office trailers will be kept off the public
right-of-way.
108. 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.
109. PROJECT CONSTRUCTION SCHEDULE: The contractor shall submit the project schedule in
a static PDF 11”x17” format and Microsoft Project, or an approved equal. The
Contractor shall identify the scheduled critical path for the installation of improvements
to the approval of the Town Engineer. The schedule shall be updated monthly and
submitted to the PPW Inspector in the same formats as the original.
110. 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.
111. PROJECT CONSTRUCTION SUPERVISION: The Contractor shall always provide a qualified
supervisor on the job site during construction.
112. 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.
113. 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.
114. PROJECT CONSTRUCTION BEST MANAGEMENT PRACTICES: All construction activities
shall conform to the latest requirements of the CASQA Stormwater Best Management
Practices Handbooks for Construction Activities and New Development and
Redevelopment, the Town's grading and erosion control ordinances, the project specific
temporary erosion control plan, and other generally accepted engineering practices for
erosion control as required by the Town Engineer when undertaking construction
activities.
115. 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.
116. 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. 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.
117. 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.
118. DOWNTOWN HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for business
impacts during the holiday season (defined as starting the Monday of Thanksgiving
week through January 1), there shall be no construction activities in the Downtown area
within the right-of-way which would create lane closures, eliminate parking, create
pedestrian detours, or other activities that may create a major disturbance as
determined by the Town Engineer.
119. 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).
120. 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.
121. ACCESS EASEMENT: Owner/Applicant is responsible for securing easements necessary
for access to Lot 10 and/or utility connection prior to building permit review.
122. SUBDIVISION STREET NAMES: Applicant to obtain Town Council approval for any
proposed street name not present on Town approved street names list.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE
PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
123. 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:
APPLICABLE TO ALL LOTS
124. 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.
125. NOTE: The subject property is located within the Very High Fire Hazard Severity Zone
(VHFHSZ) of the Local Responsibility Area (LRA). Pursuant to California Public Resources
Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to
“…adopt regulations implementing minimum fire safety standards related to defensible
space” applicable to “the perimeters and access to all residential, commercial, and
industrial building construction.” In 2018, the Legislature passed and the Governor
signed SB 901 (Dodd), which expanded the applicability of the regulations promulgated
under PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard
Severity Zone. All comments below that result from PRC 4290 are identified by **.
Where a conflict exists between local and 4290 requirements, the more stringent
requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Articles 1-5, § 1273.08.
126. SUBDIVISION MAP FINDINGS REPORT: For tentative or parcel maps approved in Very
High Fire Hazard Severity Zones (VHFHSZ), the approving body is required to make and
submit two findings to the State Board of Forestry and Fire Protection (Board) within 30
days of map approval. CCR, Title 14, Sec. 1266.02. Provide copies of the two finds
reports made to the State Board of Forestry and Fire Protection.
127. **WIDTH: (As Noted on Sheet 7.0) (a) All roads shall be constructed to provide a
minimum of two ten (10) foot traffic lanes, not including shoulder and striping. These
traffic lanes shall provide for two-way traffic flow to support emergency vehicle and
civilian egress, unless other standards are provided in this article or additional
requirements are mandated by local jurisdictions or local subdivision requirements.
Vertical clearances shall conform to the requirements in California Vehicle Code section
35250. (b) All one-way roads shall be constructed to provide a minimum of one twelve
(12) foot traffic lane, not including shoulders. The local jurisdiction may approve one-
way roads. (1) All one-way roads shall, at both ends, connect to a road with two traffic
lanes providing for travel in different directions, and shall provide access to an area
currently zoned for no more than ten (10) residential units. (2) In no case shall a one-
way road exceed 2,640 feet in length. A turnout shall be placed and constructed at
approximately the midpoint of each one-way road. (c) All driveways shall be constructed
to provide a minimum of one (1) ten (10) foot traffic lane, fourteen (14) feet
unobstructed horizontal clearance, and unobstructed vertical clearance of thirteen feet,
six inches (13' 6”). California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2 Articles 1-5, § 1273.01.
128. **ROAD SURFACES: (As Noted on Sheet 7.0) (a) Roads shall be designed and maintained
to support the imposed load of fire apparatus weighing at least 75,000 pounds and
provide an aggregate base. (b) Driveways and road and driveway structures shall be
designed and maintained to support at least 40,000 pounds. (c) Project proponent shall
provide engineering specifications to support design, if requested by the local authority
having jurisdiction. California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Articles 1-5, § 1273.02.
129. **GATE ENTRANCES: (a) Gate entrances shall be at least two (2) feet wider than the
width of the traffic lane(s) serving that gate and a minimum width of fourteen (14) feet
unobstructed horizontal clearance and unobstructed vertical clearance of thirteen feet,
six inches (13' 6”). (b) All gates providing access from a road to a driveway shall be
located at least thirty (30) feet from the roadway and shall open to allow a vehicle to
stop without obstructing traffic on that road. (c) Where a one-way road with a single
traffic lane provides access to a gated entrance, a forty (40) foot turning radius shall be
used. (d) Security gates shall not be installed without approval. Where security gates are
installed, they shall have an approved means of emergency operation. Approval shall be
by the local authority having jurisdiction. The security gates and the emergency
operation shall be maintained operational at all times. California Code of Regulations,
Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.09. Gate on EAE shall
meet the requirement.
130. FIRE HYDRANT SYSTEMS REQUIRED: (As Noted on Sheet 7.0) 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 R-
3 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]
131. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: (As noted on sheet
7.0) 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 engine driveway 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 D-1. [CFC Section
503.2.5].
132. FIRE APPARATUS (ENGINE) ACCESS ROADWAY REQUIRED: (As noted on sheet 7.0):
Provide an access roadway with a paved all-weather surface, a minimum unobstructed
width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning
radius of 50 feet outside and 30 feet inside, and a maximum slope of 15%. Installations
shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec.
503.
133. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: (As noted on sheet 7.0) An
access driveway shall be provided having an all-weather surface of either asphalt,
concrete or other engineered surface capable of supporting 75,000 pounds and
approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and
maximum slope of 15%. Installations shall conform to Fire Department Standard Details
and Specifications sheet D-1.
134. 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.
135. 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 6 inches 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.
136. 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.
137. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-
Urban Interface Fire Area. The building construction shall comply with the provisions of
California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in
compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the
Planning Department for related landscape plan requirements.
138. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: Gate installations shall conform
with Fire Department Standard Details and Specification G-1 and, when open shall not
obstruct any portion of the required width for emergency access roadways or
driveways. Locks, if provided, shall be fire department approved prior to installation.
Gates across the emergency access roadways shall be equipped with an approved
access devices. If the gates are operated electrically, an approved Knox key switch shall
be installed; if they are operated manually, then an approved Knox padlock shall be
installed. Gate on EAE shall meet the requirement.
139. 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]
APPLICABLE TO LOT 1
140. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
141. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 1) is 500
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 2
142. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
143. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
144. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 2) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 3
145. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
146. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
147. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 3) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 4
148. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
149. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
150. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 4) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 5
151. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
152. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
153. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 5) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 6
154. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
155. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
156. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 6) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 7
157. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
158. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: An access driveway shall be
provided having an all-weather surface of either asphalt, concrete or other engineered
surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall
have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches,
minimum turning radius of 20 feet inside and 40 feet outside, and a maximum slope of
15%. The angle of approach to a driveway shall be designed and constructed with a
maximum 5% slope for a minimum of 20ft. Installations shall conform to Fire
Department Standard Details and Specifications sheet D-1. During building permit,
provide a stamped civil engineer letter to justify the traction of the driveway to
support 75,000 lbs.
159. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
160. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 7) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 8
161. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
162. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
163. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 7) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 9
164. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
165. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED: An access driveway shall be
provided having an all-weather surface of either asphalt, concrete or other engineered
surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall
have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches,
minimum turning radius of 20 feet inside and 40 feet outside, and a maximum slope of
15%. The angle of approach to a driveway shall be designed and constructed with a
maximum 5% slope for a minimum of 20ft. Installations shall conform to Fire
Department Standard Details and Specifications sheet D-1. During building permit,
provide a stamped civil engineer letter to justify the traction of the driveway to
support 75,000 lbs.
166. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
167. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 9) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 10
168. **TURNAROUND (LOT 10 Only): (As noted on sheet 7.0) (a) Turnarounds are required on
driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall
be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§
1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall
be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but
less than 800 feet in length, shall provide a turnout near the midpoint of the driveway.
Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet
apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall
be within fifty (50) feet of the building.(e) Each dead-end road shall have a turnaround
constructed at its terminus. Where parcels are zoned five (5) acres or larger,
turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A.
Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations,
Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
169. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED: (As noted on sheet
A1.1) An approved fire apparatus turnaround is required for all dead-end access roads
and driveways in excess of 150 feet. [Ref: CFC 503.2.5]. All turnarounds shall have a
maximum slope of 5% in any direction. Placement of any architectural feature within a
turnaround is not permitted. All turnarounds shall be provided an approved metal, all
weather sign or other approved notices or markings that shall include the words "NO
PARKING – FIRE DEPARTMENT TURNAROUND". Turnarounds located on parcels shall be
provided with a sign at the entrance to the parcel that shall include the words "FIRE
DEPARTMENT TURNAROUND ON SITE". Installations shall conform to Fire Department
Standard Details and Specifications sheet D-1.
170. **WIDTH: (Approved PRC 4290 request of exception shown on Sheet 7.3) (a) All roads
shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not
including shoulder and striping. These traffic lanes shall provide for two-way traffic flow
to support emergency vehicle and civilian egress, unless other standards are provided in
this article or additional requirements are mandated by local jurisdictions or local
subdivision requirements. Vertical clearances shall conform to the requirements in
California Vehicle Code section 35250. (b) All one-way roads shall be constructed to
provide a minimum of one twelve (12) foot traffic lane, not including shoulders. The
local jurisdiction may approve one-way roads. (1) All one-way roads shall, at both ends,
connect to a road with two traffic lanes providing for travel in different directions, and
shall provide access to an area currently zoned for no more than ten (10) residential
units. (2) In no case shall a one-way road exceed 2,640 feet in length. A turnout shall be
placed and constructed at approximately the midpoint of each one-way road. (c) All
driveways shall be constructed to provide a minimum of one (1) ten (10) foot traffic
lane, fourteen (14) feet unobstructed horizontal clearance, and unobstructed vertical
clearance of thirteen feet, six inches (13' 6”). California Code of Regulations, Title 14,
Division 1.5, Chapter 7, Subchapter Articles 1-5, § 1273.01.
171. MODIFIED FIRE SPRINKLERS REQUIRED (Lot 10 Only): (Per Approved PRC 4290 request
of exception shown on sheet 7.3) Approved automatic sprinkler systems in new and
existing buildings and structures shall be provided in the locations described in this
Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and
Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire
barriers used to separate building areas shall be constructed in accordance with the
California Building Code and shall be without openings or penetrations.
172. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (Approved PRC 4290 request
of exception shown on sheet 7.3) Provide an access roadway with a paved all weather
surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6
inches, minimum circulating turning radius of 50 feet outside and 30 feet inside, and a
maximum slope of 15%. Installations shall conform to Fire Department Standard Details
and Specifications sheet A-1. CFC Sec. 503.
173. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 10) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3] Fire flow appears not to meet
requirement for VB construction. Per applicant to mitigate fire flow requirement, VA
construction will be proposed for the entire structure. During building permit phase,
show on coversheet that VA construction type will be used as part of this planning
approval condition.
APPLICABLE TO LOT 11
174. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
175. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
176. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 11) is 1125
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 12
177. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a)
Turnarounds are required on driveways and dead-end roads. (b) The minimum turning
radius for a turnaround shall be forty (40) feet, not including parking, in accordance with
the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
150 feet in length, but less than 800 feet in length, shall provide a turnout near the
midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be
provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways
over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each dead-
end road shall have a turnaround constructed at its terminus. Where parcels are zoned
five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
178. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0)
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For
the purposes of this section, firewalls and fire barriers used to separate building areas
shall be constructed in accordance with the California Building Code and shall be
without openings or penetrations.
179. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 12) is 500
Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation
of automatic fire sprinklers per CFC [903.3.1.3]
S:\PLANNING COMMISSION REPORTS\2025\12-17-2025 SPECIAL\Item 1 - 178 Twin Oaks Drive\Exhibit 3 - Recommended Conditions of
Approval – M-24-013, S-24-023 to -033 and S-24-059.docx