1999-089-Approving An Architecture And Site Application To Construct A Single Family Home On Property Zoned HR-1:PD1`
RESOLUTION 1999 - 89
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN
ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A'SINGLE FAMILY HOME ON PROPERTY
ZONED HR-1:PD.
PROJECT APPLICATION: PRJ-98-210
PROPERTY LOCATION: 14734 BLOSSOMHILL ROAD
APPLICANT: SUMMERHILL HOMES
PROPERTY OWNER :SUMMERHILL BLOSSOM HILL LTD.
APPELLANT: KRISH BHARVGAVAN
WHEREAS:
A. This matter came before the Council for public hearing on June 7, 1999, on an appeal by Krish
Bharvgavan from a decision of the Planning Commission and was regularly noticed in conformance with State and
Town law.
B. The Council received testimony and documentary evidence from the :appellant and all interested
persons who wished to testify or submit documents. The Council considered all testimony and materials submitted,
including the record of the Planing Commission proceedings and the packet of material contained in the Council
Agenda Report dated May 27,1999, along with subsequent reports and materials prepared concerning this application.
C. On April 14, 1999,. the Planning Commission reviewed this application and 38 other separate
architecture and .Site applications for SummerHill's Planned Development on Blossom Hill Road. The Commission
found all 39 application to be consistent with the Environmental Impact Report and Planned Development zoning
approvals from the Town, reviewed the required considerations for granting Architecture and S ite approval in the Town
Code, and approved all 39 separate Architecture and Site application to construct the .new houses and site
improvements. As a consequence of the Commission's action, the appellant, Krish Bhargavan, appealed the decision
of one of the 39 approvals.
D. Appellant purchased his home on May 15,1998 with the knowledge that the property behind his
home would be developed by the applicant. The Planning Commission held public meeting onthe development from
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March 11, 1998 through May 27, 1998 before it recommended approval of the Planned Development application to
the Town Council.
E. Appellant believes that after two years the Planning Commission "...may not have had the luxury of
time to explore all possible options." and that the matter is "Too detailed a matter in an extremely large project.."
F. The Council finds that the appellant failed to demonstrate that the Planning Commission erred or
abused its power in approving the Architecture and its application and no new information has been provided that
would materially affect the outcome of the Planning. Commission's decision.
G. The Planning Commission decision was correct.
RESOLVED.:
1. The appeal of the decision of the Planning Commission on Project PRJ-98-210 is therefore denied.
The decision of the Planning Commission and the Conditions of Approval (Attachment A) are upheld..
The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section
1094.6 as adopted by section 1.10.085 of the Town Code ofthe Town of Los Gatos. Any application for judicial relief
from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil
Procedure section 1094..6, or such shorter time as required by State and Federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California,
on the 21st day of June, 1999 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins
NAYS: None
ABSENT: Randy Attaway
ABSTAIN: None
~~
G ~~~~~~
CLERK OF TF~E 'T~JWN',Or
LOS GATOS, CALIPORNI~
!OF THE
TOS, CA:
GATOS
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CONDITIONS OF APPROVAL
14734 Blossom Hill. Road
Project Applications PRJ-98-173 thru 211
Requesting approval of Architecture and Site approval for a master grading and landscaping
plans, and to construct 39 single family homes on property zoned HR-1 Pp.
APPLICANT: SummerHill Homes
PROPERTY OWNER: SummerHill'Blossom Ltd.
***MITIGATION REQUIRED BY ENVIRONMENTAL IMPACT REPORT
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
.DEVELOPMENT STANDARDS (F.A.R., SETBACKS., HEIGHT, ETC.): Minimum yard setbacks.,
building heights, .and second-story limitations shall be'limited to those depicted on the approved
development plan. Floor Area Ratios #or the non-custom lots in the development shall be iimited fo
a range of 2;600 to 4,000 square feet of gross living area and a range of 450 to 650 square feet of
gross garage space.
2. EXPIRATION OF APPROVALS: Architecture and Site approvals (PRJ-98-173 through PRJ-98-209)
will expire two years from the date of the approval (April 14, 2001) unless the approvals. are used
before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under
the Zoning Ordinance. Any application for a one time 1-year extension, must be submitted to the
Planning Department at least 60 days prior to the date that the approval will expire. Any application
submitted will require the payment of additional fees and additional review by the Planning
Commission. Application for a time extension does not guarantee the applicant/property owner an
approval or additional vesting rights.
3. CONDITIONAL APPROVAL FOR PHASE II APPLICATIONS (PRJ-98-210 and PRJ-98-211). The
.Architecture and Site applications for parcels in Phase II (PRJ-98-210 and PRJ-98-211) are
Conditional Approvals, pending the. developer/property owner obtaining the approval of a Final Map
for Phase I I and its recordation with the Santa Clara County Recorder's Office prior to April 14, .2001.
No permits for any proposed construction or site improvements on parcels in Phase II of the
development shall'be issued by the Town until the developer/property owner records a Final Map for
Phase II. As allowed by the Zoning Ordinance., a 1-year time extension for these Conditional
Approvals may be granted by the Planning Commission. Any application for a one time 1-year
extension, must be submitted to the Planning Department at least 60 days prior to the date that the
approval will expire. Any application submitted will require the .payment of additional fees and
additional review by the Planning Commission. Application for a time extension does not guarantee
the applicant/property owner an approval or additional vesting .rights.
4. REAR YARD SETBACK FOR LOT 3 OF PHASE II. The rear yard setback for Lot 3, Phase I I (PRJ-
98-2.11) shall be a minimum of 65 feet 6 inches from the rear property line. The developer/property
owner shall ensure hat the primary residential structure maintains a minimum distance of 67 feet from
the portions of the rear property line shared with the adjacent rear neighbor at 131 Westhill Drive.
DEED RESTRICTIONS AGAINST FUTURE EXPANSION. The property owner/developer shall.
record deed restrictions on each property, prior to the issuance of a building permit, which prevents
the expansion (e.g. any increase in square footage, construction of additional stories, or any increase
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in height) of any house in the development :after it is constructed by the developer/property owner,
without first obtaining all of the following:
a) Payment of all corresponding application fees (non-refundable),
b) Obtaining all required approvals from the Town to modify the Architecture and Site
pproval, and
c) Obtaining all necessary building permits, .agency clearances, and inspections.
6. DEED RESTRICTION LIMITATION ON PROPOSED FLOOR PLAN OPTIONS. The property
owner/developer shall record a deed restriction prohibiting the expansion of the approved building
envelope, as noted in the Architecture and Site .approval, for any house along the shared ,property
lines with the Westhill Drive or Las Flores Lane residences.
7. ARCHAEOLOGICAL SURVEY. Prior to the issuance of a Building Permit the ,property
owner/developer shall have a Phase I Archaeological Survey prepared for the property by a qualified
archaeologist.
8. ARCHAEOLOGICAL/CULTURAL RESOURCES-1. Should evidence of prehistoric cultural or
archaeological resources be uncovered by the Phase I .Archaeological Survey or during project
construction, work must be halted within a 50-foot radius of the find and a qualified.. archaeologistmust
be contacted to determine its significance and make appropriate recommendations. The cost of the
Town retaining a qualified archaeologist shall be paid for by the property owner/developer.
9. ARCHAEOLOGICAL/CULTURAL RESOURCES-2. If human remains are discovered, the Los Gatos
Police Department and Santa Clana County Coroner shall immediately be notified. The Coroner
would determine whether or not the remains were Native American. Ifthe Coroner determines that
the remains are not subject. to his or her authority, the Coroner shall notify the Native American
Heritage Commission, who would attempt to identify descendants of the deceased Native American.
10. ARCHAEOLOGICAL/CULTURAL RESOURCES-3. If the Planning Director, with advise from a
qualified archaeologist, finds that the archaeological find is not a significant resource,, work would
resume only after the submittal of a preliminary:archaeological report and after provisions for reburial
and .ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native
American and for reburial would follow the protocol set forth in Appendix K of the CEQA Guidelines.
If the site is found to be a significant archaeological site, a mitigation program will be prepared and
submitted to the Planning Director for consideration and approval, in conformance with the .protocol
set forth in Appendix K of the CEQA Guidelines. The cost of the Town retaining a qualified
archaeologist shall be paid for by the.property owner/developer.
11. ARCHAEOLOGICAL/CULTURAL RESOURCES-4. A final report shall be prepared by a .qualified
archaeologist when a find is determined to be a significant archaeological site, and/or when Native
American remains are found on site. The final report shall include background information on the
completed work, a description and a list of identified resources., the disposition and curation of these
resources, anytesting, other recovered information, and conclusions. The cost of the Town retaining
a qualified archaeologist shall be paid for by the property owner/developer.
12. ***CULTURAL RESOURCES-1. The property owner/developershallconstruct annterpretive exhibit
with photographs and .narrative describing the site history will be provided in the linear park across
from the house. (CR Mitigation 1.1)
13. ***CULTURAL RESOURCES-3. The property owner/developer shall preserve the barn on Lot # 2
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of Phase Two and replicate one drying shed structure in the community open space.area maintained
by the homeowners association from other outbuildings on the project site. Drying shed shall be
.available forthe Town's exclusive use to store equipment to be used to maintain the open space. The
drying shed will be owned by the Homeowners Association subject to a recorded easement to the
Town. The drying shed shall be maintained and insured by the Town. (CR Mitigation 1.3)
14. ***CULTURAL RESOURCES-4. The pr'opertyowner/developer shall construct an interpretive exhibit
with photographs and narrative describing the Heintz laboratory's history which will be provided in the
linear,park across from the Heintz House. (CR Mitigation 1.4). The developer/property owner shall
ensure that the historic'interpretive exhibits will feature pictures and information about the'laboratory
and what inventions were created there.
15. SOLAR WATER SYSTEM. Each residence shall be pre-plumbed for a solar water heater system
prior to issuance of a certificate of occupancy
16. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building permit for each
house, a deed .restriction shall be recorded by the property owner with the Santa Clara County
Recorder's Office that requires .all exterior paint colors to be maintained in conformance with the
Town's Hillside Residential .Standards unless prior authorization is granted by the Town through a
separate Architecture and Site Approval. The following .houses/lots shall be allowed to exceed the
hillside reflectivity standards because of historic, design, ornon-visibility considerations (Phase One:
tots 3, 5,7,10, 12,21,24,27,31., 33, & 36 and Phase Two: Lot 2 & 3).
17. RECYCLING. All wood, metal, glass, and aluminum materials .generated from the demolished
structures on Lot 16 or Lot 2(Phase l'wo) shall be .deposited to a company which will recycle the
materials. .Receipts from the company(s) accepting these materials, noting type and weight of
..material, shall be submitted to the Town prior to the Town's demolition inspection.
18. GARAGE DIMENSIONS. Minimum interior clear dimensions of twocar garages shall be 20' x 20'.
Minimum interior clear dimensions of one car garages shall be 11'x.20':.
19. BELOW MARKET PRICE (BMP) IN-LIEU FEE. A Below Market Price in-lieu fee shall be paid by the
property owner/developer pursuant to Town Code Section .29.10.3025 and any applicable Town
Resolutions at the time of .Building Permit issuance. The fee to be .paid by the property
owner/developer for each dwelling unit constructed is based on 6-percent of the assessed value as
established by the Building Permit. The fee amount will be based upon the Town Council fee
resolution in effect at the time that a final or vesting tentative map is approved.
20. **'"NOISE MITIGATION-1. A 5-foot high earthen berm or a 7-foot high sound barrier shall be
constructed by the property owner/developer along property lines adjacent to landscape buffer along
Blossom Hill Road to ensure exterior (55 dBA Ldn) noise levels are achieved for residences located
on Lots 9 and 28. (N Mitigation 2.1)
21. ARCHITECTURAL DESIGN. The developer shall. use a mission the roof for Plans 3-AL, 3-AR and
3-OPT. The height of the silo shall be reduced and additional stucco trim shall be provided around
the doorway on Plans 4-AR and 4-AL. Thewindow.braces shall be simplified on Plans 4-AR and 4-
AL.
22. LOT 3, PHASE II. The applicant has the option to move the house 22 feet, rather than the 17 feet,
to meet the concerns of the adjacent property .owner, Carl Handen.
(Engineering Section)
23. TRAFFIC IMPACT FEES (RESIDENTIAL). The developer shall pay a fee proportional to the
project's share of transportation improvements needed to serve cumulative development within the
Town of Los Gatos. The fee amount will be based upon the?own Council resolution in effect at the
time the request for Certificate of Occupancy is made. This fee shall be paid before the issuance of
the Certificate of Occupancy. The traffic impact mitigation fee established for each unit in this project
based on the current fee schedule in effectis $5,730 or a total of $240,660 (based on 42 units., credit
given for 2 existing units).
24. DRAINAGE. Roof rainwater leaders for each unit are to be discharged onto energy dissipators,
which are designed to spread out the rainwater so that it enters the landscaped areas as sheet flow.
Runoff from the site should not be collected into a pipe system, concentrated, and discharged
downslope. Control off-site drainage, flowing on to the site, similarly. No improvements shall obstruct
or divert runoff to the detriment of an adjacent, downstream or downslope property. Retaining walls
shall include provisions for drainage.
25. DRAINAGE MONITORING. The Town's Engineering staff shall monitor the drainage plans with
special .care to ensure that both the sub-surface and surface drainage problems are adequately
addressed in the plans.
26. DOWNTOWN STREET LIGHT STANDARD. The developer/property ownershall install the Town's
Downtown street light standard fixture for project street lighting, ratherthan the standard cobra head
street lights used for other subdivision projects.
27. CC&R/DEED RESTRICTION FOR PRESERVATION & .MAINTENANCE OF HISTORIC
RESOURCES. The developer/property ownershall develop and submit for the Town Attorney's
approval., CC&R's and a deed restriction which will provide for the preservation and maintenance of
the Barn on Lot 2 (Phase Two). These documents shall include specific requirements that any
exterior changes .proposed for the Barn will require review by the Historic Preservation Committee.
These documents shall also include a disclosure of these requirements to all prospective buyers and
future property owners.
28. CC&R/HOMEOWNER'S ASSOCIATION BUDGET 'FOR MAINTENANCE OF HISTORIC
INTERPRETIVE'EXHIBITS. The developer/property owner shall ensure that the CC&R's and the
Homeowner's Association budget provide for the continued maintenance and level of quality of the
proposed wayside interpretive exhibits after they are constructed.
29. ***WATERWAYS AND FLOODING MITIGATION-1. On-sitestorm drainage design source controls
will be implemented to reduce potential runoff into the storm drainage system by directing .potential
runoff with design features into landscaped areas for percolation priorto entering the storm drainage
system. (WF Mitigation 2.1)
30. ***WATERWAYS AND FLOODING MITIGATION-2. Hillside runoff will be collected at inlets located
'behind the existing residential units which are included as part of the-proposed drainage system as
shown on the approved development plans. (WF Mitigation 2.2)
31. ***WATERWAYS AND FLOODING MITIGATION-3. A storm detention facility designed with the
capacity fora 25-year storm will be constructed along Blossom Hill Road which includes a minimum
storage capacity of 3,330 cubic feet, and a diversion valve/structure to limit the flow rate to the
existing storm drainage system. (WF Mitigation 2.3)
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32. ***WATERWAYS AND FLOODING MITIGATION-4. The CC&R Restrictions will prevent water
diversion from percolation areas to the storm drainage system, including the future construction of
pools and other impervious surfaces on the site. Any post-project construction site.improvements will
require the approval of the Town Engineer or designee to ensure there is not increase's storm runoff.
(WF Mitigation 2.4)
33. ***WATER QUALITY MITIGATION-1. The property owner/developer is required to obtain and
conform with the requirements of the General NPDES Construction Activity Stormwater.Permit and
Best Management Practices will be included to limit urban runoff contaminants from entering the
storm drains. {W Mitigation 1.1)
34. GRADING PERMIT. A grading permit is required for roadways, on-site driveways, .grading, drainage
and erosion control A separate application fora :grading permit shall be made to the Development
Engineering Section of the Planning .Department. The .grading plans shall .include final grading,
drainage, retaining wall locations, driveways, utilities and interim erosion control measures.
35. GRADING MORATORIUM. No grading or earth-.disturbing activities shall be initiated between
October 1 and .April 15 of each year. For all grading operations that commenced before October 1,
all grading orearth-disturbing activities shall cease October 15 and will not be allowed to restart until
April 15. These limitations include, but are not limited to these items: driveways, building pads,
foundationtrenchesasd drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and
utility trenches. Interim erosion control measures., shown on approved interim erosion. control plans,
must be installed by October 1 is final landscaping is not in place. The interim erosion .control
measures shall'be maintained throughout the October 1 toApril 15 moratorium period. The Director
of'Parks and Public Works may modify these grading moratorium restrictions as he or she deems
appropriate in orderto expedite the required DDTremediation mitigation measures noted bythe EIR.
36. SOILS REPORT. One copy of the soils and geologic :report. shall be submitted with the grading
permit and public improvement application. The soils report shall include specific criteria and
standards governing site grading, drainage, pavement design, retaining wall design, and erosion
control. The reports shall be signed and "wet stamped" by the engineer, in conformance with Section
6735 of the California Business and Professions Code.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(.Parks Section)
37. HORSE TRAILER PARKING. The parking spaces proposed for horse trailers shall be constructed
by the developer/property owner to the satisfaction of the Superintendent of Parks and Forestry
Services in consultation with the. Trails and Bikeways Committee.
38. ***GEOLOGYJVIITIGATION-4. Landscaping plans,prepared by the property owner/ developer shall
minimize the plantings directly adjacent to building foundations to reduce the possibility of irrigation
water affecting the foundations orslabs. Any landscaping that is installed adjacent to buildings should
be of a type that requires little irrigation. (G Mitigation 1.4)
39. ***WILDLIFE MITIGATION-1. If any construction activities will occur during the nesting season
(February to .August), these activities should be preceded by pre-construction surveys for nesting
raptors conducted by a qualified ornithologist retained by the property owner/ developer. Surveys
should take place no more than 30 days prior to the start of construction. No construction activities
(including tree .removal, grading, etc.) that would result in disturbance to active raptor nests would
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proceed. A qualified ornthologistwould determine the extentofconstruction-free zonesaround active
raptor nests located during surveys. The USFWS and CDFG should also be notified of any active
raptor nest within the construction zone.
40. ***WILDLIFE MITIGATION-2. if it is .not feasible to avoid ordinance-size trees, then a
restoration/preservation plan prepared by a licensed arborist, that avoids impacts to remaining trees
and replaces'lost trees shall be developed and implemented by the property owner/developer. The
plan will encompass various features :including the following:
a. Appropriate on-site locations will be identified for restoration on-site. This will include the
creation of habitat in open or grassland habitats or the enhancement (in-fill planting) of
sparsewoodland habitat on site. The latter situationcurrently exists in the southeastern
portion of the pine. plantation. Replacement of lost non-native trees at a 1:1 ratio for trees
greater than 12" in diameter. Replacement of native trees greaterthan 12" in diameter
at a 4:1 ratio.
b. Replacement trees will be native to the -area (e.g. valley oaks., coast live oaks, etc.)
Planting stock will be collected locally, if possible. Planting will be conducted from
November to January using small nursery stock. The replacement trees should be
installed in an environment suitable for their establishment and growth. Thesetreeswill
be irrigated and .maintained for a period of not'less than three years. The mitigation site
will be protected form future disturbance and the restoration effort will be monitored for
5 years. The plan will also identify appropriate performance criteria in order to measure
the success of the restoration efforts.
41. ***BLOSSOM HILL ROAD LANDSCAPE BUFFER. A 100 foot wide landscape buffer consisting of
a "grid" of flowering trees approved by the Town shall be planted by the property owner/developer
along the property's Blossom .Hill Road frontage as depicted on the approved development plans.
The minimum size. for these trees shall be 24-.inch box. (LU Mitigation 3.1)
42. ***LINEAR PARK LANDSCAPING. New native oak and evergreen trees shall be planted by'the
property owner/developer lining the linear park as depicted on the approved development plans. The
minimum size for these trees shall be 24-inch box. (LU Mitigation 3.1)
43. PROTECTIVE FENCING. Prior to any construction or'Building .Permits being issued,, the applicant
shall meet with the Director of Parks and Public Works concerning the need for protective fencing
:around the existing trees. Such fencing 'is to be installed prior to, and be maintained during,
construction.
44. 'NEW TREES. Newly planted trees shall bedouble-staked, using rubbertree ties andshall be planted
prior to acceptance of the subdivision.
45. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground irrigation system.
Special care shall be taken to avoid .irrigation which will endanger existing native trees and shrubs.
46. CONSTRUCTION. Noconstruction or grading shall take placewithin the dripline of existing trees that
are proposed to be retained.
47. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the dripline of
existing trees shall have aeration tubes installed.
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48. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval
of this ...plan and must remain on site.
(Public Works Section)
49. GENERAL. All public improvements shall be made according to the latest adopted Town Standard
Drawings and the Standard Specifications for Public Works Construction. All work shall conform to
the applicable Town ordinances. Adjacent public right-of-way shall be kept clear of all job related dirt
and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of
goods and materials on the sidewalk .and/or street will not be allowed unless a special permit is
issued. The developer's representative in charge-shalt be at the job site during all working hours.
Failure to maintain the public right-of-way according to this condition may result 'in the Town
performing the required maintenance at the developer's expense.
50. PUBLIC WORKS JNSPECTIONS. The developer or his representative shall notify the Engineering
Construction'Inspector at least twenty-four (24) hours before starting any work pertaining to on-site
drainage faci-ities, grading, or paving; and all work in the Town's right-of-way. Failure to do so will
result in rejection of work that. went on without inspection.
51. EROSION CONTROL. Interim and final.erosion control plans shall be prepared and submitted to the
.Engineering Development Section of the Planning Department. Grading activities shall be limited to
the period of least rainfall (April 15 to October 1) unless otherwise authorized by prior approval from
the Parks and Public Works Director. Two weeks is ..allowed between clearing of an area and
stabilizing/building on this area ifgradingthat is allowed to goon during the rainyseason. In addition,
strawbales and plastic sheeting shall be stored on-site for emergency control, if needed. Install filter
.berms, check dams, retention basins, silt fences,. and traw bale dikes as needed on the projectsite,
to ,protect downstream water quality during winter months.
52. ***GfOLOGY MITIGATION-1. Grading .activities shall occur only during periods when excessive
moisture does not preclude proper compaction. Surface preparation shall follow the geotechnical
report's recommendations regarding stripping vegetation, removing loose soil, and selecting and
placing imported fill (G Mitigation 1.1)
53. ***GEOLOGY MITIGATION-6. An Engineering Geologist shall be present on site to observe the
excavation of the north-facing cut slopes in the southern portion of the site. During the site
preparation process in this area, any slope instability observed shall be mitigated by such mitigation
measures identified by the Engineering Geologistthat could include: slopeflattening,soilhuttressing,
or installation of retaining walls. (G Mitigation 2.2)
54. ' ***WATER QUALITY .MITIGATION-2. The property owner/developer shall ensure that the project
will conform to the drainage and erosion control standards of the Town of Los Gatos. (W Mitigation
1.2)
55. ***WATER QUALITY MITIGATION-3. The following specific measures would be implemented during
the site development phase of the project to minimize post-construction run-off and pollutant
discharges: Enhanced landscaping to absorb stormwater runoff and provide settlement filtration prior
to discharge into the storm drainage system and on-site drainage, vegetative swales, buffers,
sediment barriers and traps., and cascading ponds to minimize contaminants entering the on-and off-
sitestorm drainage system or Ross Creek, stabilization of disturbed areas with permanentvegetation
as soon as .possible after grading, and installation and maintenance of a storm water system for
collection of runoff form the site.(W Mitigation 1.3)
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56. ***NOISE ..MITIGATION-4. All stationary noise-generating construction equipment, such as .air
compressors and portable power generators, will be located as far as practical form existing
residences, {N .Mitigation 3.3)
57. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing
.improvements not designated for removal. that are damaged or removed because of developer's
operations. Improvements such as, but not limited to, curbs, gutters, sidewalks, driveways., signs,
pavements, raised pavement markers, thermoplastic pavement markings, or signs shall be repaired
and replaced to a condition equal to or better than the original condition. Existing improvements to
be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request awalk-through with the
Engineering Construction Inspector before the start of construction to verify existing conditions.
58. AS-BUILT PLANS. After completion of the construction of all work in the public right-of-way or
easements, and beforethe release of the Faithful Performance Security, the original plans shall have
all changes (change orders .and field changes) .clearly marked. The "As-built" plan shall again be
.signed and "wet-stamped" by the .engineer of record, attesting to the changes. The original plans
shall then become the property of the Town.
59. ENCROACHMENT PERMIT. All work in the .public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security.
60. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation
District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary
sewer lateral clean-out at the property line.
(Building Section)
61. ***GEOLOGYMITIGATION-2. Foundationsshallbeoneofthefollowing.designs: structuralmat,.pier
and grade beam, or post-tensioned slab. Where slab-on-grad type foundations are used on cut/fill
'lots, the lots should be subexcavated and back-filled with uniform material (G Mitigation 1.2)
62. ***GEOLOGY MITIGATION-3. The property owner/developer shall install a drainage system that
minimizes storm and/ or irrigation water from seeping beneath the structures. In order to minimize
soil saturation adjacent to foundations, measures shall be incorporated into the project such as:
appropriate grading directed away from the exterior foundation, installation of subdrain systems
around the perimeter of the residences and roof gutters designed and installed so that downspouts
carry storm water away from the structures. (G Mitigation 9.3)
63. ***GEOLOGY MITIGATION-5. Structural designs for the development and structures shall
incorporate the ground response parameters given for maximum credible earthquakes in the April 1,
1997 Terrasearch, Inc. geology/seismic report. (G Mitigation 2.1)
64. UTILITIES. The developer must agree to install all utility service, including telephone., electric power,
and other communications lines underground, according to Town policy. Cable television capability
shall be provided to all new houses.
65. PERMITS REQUIRED. A building permit application shall be required for each proposed structure.
Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.
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66. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover sheet of
construction plan submitted for building permit.
67. FOUNDATION INSPECTIONS. A .pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report and the
building pad elevation and on-site retaining wall locations and elevations are prepared according to
approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered civil engineer for the following items:
a Pad elevation
a. Finish floor elevation
b. Foundation corner locations
68. ***HAZARDOUS MATERIALS MITIGATION-2; ASBESTOS. Prior to demolition of the existing
residence and outbuildings on Lot 2 .(Phase Two), building materials shall be sampled and analyzed
for the presence of asbestos. The survey shall be completed by a certified asbestos specialist and
appropriate measures regarding removal of all identified asbestos-containing materials and disposal
shall betaken. Removal ofasbestos-containingmaterials in any identified building shall be performed
by a licensed and registered asbestos abatement contractor and shall be disposed of at a landfill
.permitted to accept asbestos. The asbestos report shall be submitted the Town prior to issuance of
the demolition permit. In addition, the applicant will be required to obtain clearance for asbestos
removal from the Bay Area Air Quality Management District prior to issuance of a demolition permit.
(HM Mitigation 2.1)
69. RESIDENTIALTOWN ACCESSIBILITYSTANDARDS. The residences shall be designed to include
the following features:
a. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water closet,
shower and bathtub, located at 34 inches from the floor to the center of the backing, suitable
for the addition of grab bars.
b. All passage doors shall beat least 32-inches wide on accessible floor.
c. Primary entrance shall have a 36-inch wide door including: a 5-foot by 5-foot level landing
no more than one inch out of the plane with the immediate interior floor level, with an 18-inch
clearance at interior strike edge.
d. Door buzzer, bell or chime shall be "'hard" wired.
70. TITLE24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-1 R and MF-1 R
shall be printed on the construction plans.
71. PLANS. The construction plans for this project .shall be .prepared under direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
72. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA phase II .approved appliances per
the Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
73. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly.
74. DEMOLITION PERMIT REQUIREMENTS. Contact the Bay Area Air Quality Management District
(415) 771-6000 and complete their process as necessary before obtaining a demolition permit from
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the Town'Building Department. No demolition work shall be done without first obtaining a demolition
permit from the Town.
75. TITLE 24 ACCESSIBILITY-COMMON AREAS. On site common areas shall comply with the latest
California Title 24 Accessibility Standards for disabled access. Work shall include but not be limited
to sidewalks and curb cuts. Open space trails and thelinear park trail/path are exempt from this
requirement do to the unimproved character of these areas.
76, NON-POINT SOURCE POLLUTION STANDARDS. The Town standard'Santa Clara Valley Nonpoint
Source Pollution Control Program specification sheet shall be part of plan submittal. The
Specification sheet (Size 24" x 36") is available at the Building Department service counter.
77. ADDITIONAL .AGENCY APPROVALS REQUIRED. The project requires the following agencies
.approval before issuance of a building permit:
a. Santa Clara County Department of Environmental Health
b. ,Santa Clara County Fire Department
c. West Valley Sanitation District
d. School Districts:
(1) Union School'District: 377-8010
(2) Campbell Union High School District: 371-0960
Note: Obtain the school district forms from the Town Building Department, .after the Building
Department has approved the building permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
78. REQUIRED FIRE FLOW. Required fire flow is 1500 GPM at 20 psi. residual pressure.
79. PUBLIC FIRE HYDRANT(S).. Provide public fire hydrants at locations to be determined jointly by the
Central .Fire District and San Jose Water Company. Maximum hydrant spacing shall be 500 feet and
the .minimum single flow hydrant shall. be 1.500 gallons per minute at 20 psi. residual pressure.
80. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a
paved all weather surface and a minimum width of 12 feet, vertical clearance of 13 feet 6 inches,
minimum circulating turhing radius of 36#eet outside and 23 feet inside, and a maximum slope of 15-
percent. Installations shall conformm with Fire Department Standard Details and Specifications A-1.
81. FIRE LANE MARKING. REQUIRED. Provide marking for all roadways within the project. Markings
shall be per fire department specifications. Installation shall also conform to Local Government
Standards and Fire Department Standard A-6.
82. TIMING OF REQUIRED INSTALLATIONS. Therequired fire hydrant and roadway installations shall
be in place, inspected, and .accepted by -the fire department prior to the start of framing. Bulk
construction materials shall not be delivered to the site until the .hydrants and roadway have been
accepted. Clearance fior building permits will not be given until such time as this requirement is
addressed by the developer.
83. MARKED ROADWAYS. The fire access roadways within the project shall be marked in a manner
approved by thefire department to prevent obstruction thereof.
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TO THE SATISFACTION OF THE CHIEF OF POLICE:
84. ***NOISE MITIGATION-2. Demolition and construction activities will be limited to daytime hours of
8:00 a.m. to 8:00 p.m. on weekdays, and .9:00 a.m. to 7:00 p.m. on weekends. (N Mitigation 3.1)
85. ***NOISE MITIGATION-3. All .internal combustion engines for construction equipment used on site
shall be properly muffled and maintained. (N Mitigation 3.2)
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