2011-017-217 N. Santa Cruz Avenue Modify CUPRESOLUTION 2011 -017
RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT AND
ARCHITECTURE AND SITE APPLICATION TO ALLOW EXTERIOR MODIFICATIONS
TO A COMMERCIAL STRUCTURE AND TO OPERATE A WINE BAR AND RETAIL WINE
SHOP WITH OUTDOOR SEATING ON PROPERTY ZONED C -2.
APN: 510 -17 -091
CONDITIONAL USE PERMIT APPLICATION: U -10 -020
ARCHITECTURE AND SITE APPLICATION S -11 -003
PROPERTY LOCATION: 217 N. SANTA CRUZ AVENUE SUITE B
PROPERTY OWNER: RUGANI FAMILY
APPLICANT: JOSEPH MCCARTHY, JR
WHEREAS:
A. This matter came before the Town Council for public hearing on March 21, 2011, and
was regularly noticed in conformance with State and Town law.
B. The applicant seeks approve for a Conditional Use Permit (CUP) and an Architecture
and Site application (A &S) to allow exterior modifications to a commercial structure and to operate a
wine bar and retail wine shop with outdoor seating on property zoned C -2. The applicant is requesting
18 seats (inclusive of indoor and outdoor), approval to provide beer and wine service, and approval for
exterior modifications.
C. On February 9, 2011, the Planning Commission considered the request for a
Conditional Use Permit (CUP) and an Architecture and Site application (A &S) to allow exterior
modifications to a commercial structure and to operate a wine bar and retail wine shop with outdoor
seating on property zoned C -2. The Commission recommended approval of the request finding
that the use is desirable to the public convenience and welfare because the project is a retail use and
will not displace a retail space with a food and beverage establishment.
D. The Town's Alcohol Beverage Policy requires any new application for the service
of alcoholic beverages to be approved by Council. Town Council reviews CUP requests for a
new application for alcohol service on a case -by -case basis to ensure that the request is appropriate
for the specific use and its location.
E. The Town's Alcoholic Beverage Policy gives the hearing body discretion to
approve alcoholic beverage service on a case -by -case basis when the proposal will not negatively
impact residential neighbors, alcohol related incidents will not occur, and when the application
will provide a positive impact to the commercial area.
F. Town Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents. Town Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings and
the packet of material contained in the Council Agenda Report dated February 28, 2011, along with
any and all subsequent reports and materials prepared concerning this application.
G. Council finds as follows:
Pursuant to Town Code section 29.20.190, the request for a CUP is
desirable to the public convenience; will not impair the integrity and character of the zone; would
not be detrimental to public health, safety or general welfare; and is in harmony with the various
elements or objectives of the General Plan and the purposes of the Town Code; and pursuant to
Town Code section 29.20.150, the considerations in review of an A &S were made in reviewing
this project. This finding is based on the evidence presented in the Council Agenda Report dated
February 28, 2011, and incorporates the findings made by the Planning Commission on February 9,
2011, regarding this application.
2. The Alcoholic Beverage Policy allows the Council to consider unique
circumstances which apply to the subject application.
3. The project is categorically exempt from environmental review pursuant to
Section 15301 of the State Environmental Guidelines as adopted by the Town.
4. The proposed use is consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (section IV.B), as evidenced by the staff report prepared
for the public hearing on February 9, 2011.
RESOLVED:
The CUP application U -10 -020 for a retail wine shop and wine bar with outdoor
seating and the Architecture and Site application S -11 -003 for exterior modifications are granted.
2. The Conditions of Approval attached hereto as Exhibits A and B are hereby adopted
as the Conditions of Approval for modification of this permit.
The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must besought 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 21" day of March 2011, by the following vote.
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Mayor Joe Pirzynski
NAYS:
ABSENT: Barbara Spector (left meeting due to another commitment)
ABSTAIN:
SIGNED: ( ��
MAYOR OF T—
HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL —March 21, 2011
For the Conditional Use Permit
217 N. Santa Cruz Avenue, Suite B
Conditional Use Permit Application U -10 -020
Architecture and Site Application S -11 -003
Requesting approval for exterior modifications to a commercial structure and to operate a
wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17-
091.
PROPERTY OWNER: Rugani Family
APPLICANT: Joseph McCarthy, Jr
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below, in substantial compliance with the development plans noted as
received by the Town on January 5, 2011, and in compliance with the applicant's letter
noted as received on January 5, 2011 (Exhibit A.1). Any changes or modifications made to
the approved plans shall be approved by the Director of Community Development, the
Development Review Committee, or the Planning Commission, depending on the scope of
the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OPERATIONAL AGREEMENT: Prior to the issuance of any building pen n its or the
initiation of any operational changes permitted under this approval, the applicant shall enter
into an operational agreement with the Town guaranteeing the performance of the business
per the representations of the application and the applicant at the public hearings as well as
the observance of the conditions of approval. Said agreement shall be subject to approval
of the Chief of Police, the Director of Community Development Department, and the Town
Attorney and will be signed by the applicant. Operators who are successors in interest to
the CUP shall be required to meet with the Town CDD Director and Chief of Police and
agree to all the.terms of the Operational Agreement by executing a copy of the Agreement.
4. APPROVED USE: The approved use is a wine shop and wine bar without commercial
cooking facilities or equipment.
5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and
outdoor seating.
6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a
physical delineation or other means that manage public safety and welfare concerns to the
satisfaction of the Community Development Director and the Police Chief.
7. OUTDOOR FOOD AND ALCOHOLIC BEVERAGE SERVICE: A restaurant employee
must seat patrons in the outdoor seating area.
8. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or
commencement of use, whichever comes first, the applicant or owner shall record a hold
harmless agreement releasing the Town of any liability related to the outdoor seating.
9. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials
and appearance (plastic furniture is not permitted). All outdoor furnishings shall be placed
indoors at closing.
10. 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.
11. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment,
including outdoor seating areas, at any given time.
12. ALCOHOLIC BEVERAGE SERVICE: The service of alcoholic beverages for the
establislunent is permitted only if and when meal service is available. Food service is
required for alcoholic beverage service for outdoor seating. A meal is defined as a
combination of food items selected from a menu (breakfast, brunch, lunch, or dimmer).
Appetizers such as popcorn, nachos, pretzels, potato skins, relish trays, etc. (hot or cold)
are not meals.
13. HOURS OF OPERATION: Maximum hours of operation are 11:00 a.m. to 9:00 p.m.,
Sunday through Wednesday; 11:00 a.m. to 11:00 p.m. Thursday; and 11:00 a.m. to 1:00
a.m., Friday, Saturday, holidays, and evenings before holidays.
14. PATIO HOURS: The use of the outdoor patio shall cease at 10:00 p.m.
15. DELIVERIES: Deliveries shall be limited to the hours of 9:00 a.m. to 7:00 p.m.
16. TRASH AND RECYCLING DISPOSAL HOURS: Trash and recycling from the business
shall only be emptied between 9:00 a.m. and 9:00 p.m. to limit the noise impacts on the
neighbors.
17. ENTERTAINMENT: Live entertainment and amplified music is not allowed.
18. EVENTS: Events shall not exceed the maximum number of seats, the maximum
occupancy, or the hours of operation.
19. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
20. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is
required prior to commencement of use.
21. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from
the Los Gatos Community Development Department is required prior to commencement of
use.
22. ENVIRONMENTAL HEALTH APPROVAL: The applicant shall submit plans to the
County of Santa Clara Department of Environmental Health for review prior to
commencement of use. The applicant shall provide a copy of the approval from the County
of Santa Clara Department of Environmental Health with the Certificate of Use and
Occupancy application.
23. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
TO THE SATISFACTION OF THE CHIEF OF POLICE
24. UNIFORMED SECURITY: Uniformed privately provided security guards may be required
in or around the premises by the Chief of Police if alcohol related problems recur that are
not resolved by the licensed owner.
25. CONSULTATION AND TRAINING: At the discretion of the Chief of Police, periodic
meetings will be conducted with representatives from the Police Department for on -going
employee training on alcoholic beverage service to the general public.
26. TRAINING MANUAL: The restaurant operator shall use an employee training manual that
addresses alcoholic beverage service consistent with the standards of the California
Restaurant Association.
27. SAFETY AND SECURITY: The Chief of Police maintains the authority to modify the
safety and security measures and conditions to address any impacts that result from, or is
associated with, the establishment.
28. APPROVED USE: Approval of use may be suspended, modified, and /or revoked by the
Chief of Police or the Director of Community Development Department if the use becomes
detrimental to the public health, safety, or welfare, as determined by the Chief of Police or
the Director of Community Development Department.
29. DESIGNATED DRIVER PROGRAM: The restaurant operator shall actively promote a
designated driver program such as complimentary non - alcoholic beverages for designated
drivers.
30. POSTING OF TAXICAB TELEPHONE NUMBERS: Taxicab telephone numbers shall be
posted in a visible location.
NADEV \C0NDITNS\2011\NSC217 CUP alternate.doex
CONDITIONS OF APPROVAL —March 21, 2011
For the Architecture and Site Application
217 N. Santa Cruz Avenue, Suite B
Conditional Use Permit Application U -10 -020
Architecture and Site Application S -11 -003
Requesting approval for exterior modifications to a commercial structure and to operate a
wine bar and retail wine shop with outdoor seating on property zoned C -2. APN 510 -17-
091.
PROPERTY OWNER: Rugani Family
APPLICANT: Joseph McCarthy, Jr
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Dii
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below, in substantial compliance with the development plans noted as
received by the Town on January 5, 2011, and in compliance with the applicant's letter
noted as received on January 5, 2011. Any changes or modifications made to the approved
plans shall be approved by the Director of Community Development, the Development
Review Committee, or the Planning Commission, depending on the scope of the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OPERATIONAL AGREEMENT: Prior to the issuance of any building permits or the
initiation of any operational changes permitted under this approval, the applicant shall enter
into an operational agreement with the Town guaranteeing the performance of the business
per the representations of the application and the applicant at the public hearings as well as
the observance of the conditions of approval. Said agreement shall be subject to approval
of the Chief of Police, the Director of Community Development Department, and the Town
Attorney and will be signed by the applicant. Operators who are successors in interest to
the CUP shall be required to meet with the Town CDD Director and Chief of Police and
agree to all the terms of the Operational Agreement by executing a copy of the Agreement.
4. APPROVED USE: The approved use is a wine shop and wine bar without commercial
cooking facilities or equipment.
5. SEATS: The maximum number of seats shall not exceed 16, inclusive of indoor and
outdoor seating.
6. OUTDOOR SEATING SEPARATION: Outdoor seating shall be completely enclosed by a
physical delineation or other means that manage public safety and welfare concerns to the
satisfaction of the Community Development Director and the Police Chief.
7. HOLD HARMLESS AGREEMENT: Prior to issuance of building permits or
commencement of use, whichever comes first, the applicant or owner shall record a hold
harmless agreement releasing the Town of any liability related to the outdoor seating.
8. OUTDOOR FURNITURE: Outdoor furniture shall be of high quality in terms of materials
and appearance (plastic furniture is not permitted) All outdoor furnishings shall be placed
indoors at closing.
9. 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.
10. MAXIMUM OCCUPANCY: There shall be no more than 35 persons in the establishment,
including outdoor seating areas, at any given time.
11. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
12. BUSINESS LICENSE: A business license from the Los Gatos Finance Department is
required prior to commencement of use.
13. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from
the Los Gatos Community Development Department is required prior to commencement of
use.
14. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,.
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
Building Division
15. PERMITS REQUIRED: A building permit shall be required for the alteration to the
existing commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
16. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
17. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
18. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
as necessary and a Bay Area Air Quality Management Application from the Building
Department Service Counter. Once the demolition form has been completed, all signatures
obtained, return the completed form to the Building Department Service Counter with the
J# Certificate, (Note: If demolition is minor, the Bay Area Air Quality Management
District may not require a J# Certificate) and three (3) sets of plans to include all existing
utility service lines such as water, sewer, and PG &E. No demolition work shall be done
without first obtaining a permit from the Town.
19. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
forms must be blue -lined on the plans including lighting compliance and mandatory
measures.
20. TITLE 24 ACCESSIBILITY — COMMERICAL: For any proposed tenant improvements,
on -site parking and general path of travel shall comply with the latest California Title 24
Accessibility Standards. Work shall include, but not be limited to, accessibility to building
entrances fi parking facilities and sidewalks.
21. TITLE 24 — COMMERICAL: For any proposed tenant improvements, the building shall
be upgraded to comply with the latest California Title 24 Accessibility Standards.
Necessary work shall be first investigated by the design architect and then confirmed by
Town staff.
22. TITLE 24 — RESTAURANT USE: Proper size grease trap shall be required for any
restaurant use. The following agencies will review the grease trap requirements before
issuance of the building permit: (Reminder: Try to submit to these agencies as early as
possible as review time can be lengthy.)
a. West Valley Sanitation District (WVSD): (408) 378 -2408
b. Environmental Health Department: (408) 885 -4200
c. Town Public Works Department: (408) 399 -7530
23. PLANS: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
24. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702
b. Santa Clara County Fire Department: (408) 378 -4010
c. West Valley Sanitation District: (408) 378 -2407
d. County Environmental Health Department: (408) 885 -4200
e. Environmental Services Department of the San Jose /Santa Clara Water Pollution
Control Plant for Pretreatment Notice /Certification. You can contact this agency
directly at (408) 945 -3000 to obtain application and certification requirements.
This agency works in conjunction with West Valley Sanitation District.
25. ADVISORY COMMENTS for CAFE TENANT IMPROVEMENTS:
a. In addition to all new work complying with the Code for accessibility, when
existing Buildings are altered or remodeled they must be made accessible to
persons with physical disabilities in accordance with the CBC Section 1134B,
"Accessibility for Existing Buildings ". Existing accessibility features and /or
elements required to be accessible in order of priority include: (a) Accessible
main entrance with required signage and door hardware, and 24" strike side
clearance. (Please Note: If the building cannot be altered to provide the strike side
clearance, an accessible remote control button must be provided to open the Main
Entry; (b) Accessible route to altered area (including parking space and path of
travel from public way and necessary signage); (c) Accessible Restrooms; (d) 60"
of the New Bar must be at the handicap accessible height of 34" maximum; (e)
Handicap accessible seating must also be provide in the Outdoor Patio area.
b. Where the cost of alterations or remodeling is less than a threshold amount
(currently at $128,410.86) and the cost to provide all those features listed above is
disproportionate to the improvement costs (i.e. more than 20% of the budget),
then the Owner can limit disabled access upgrades to 20% of the budget cost for
alterations with the approval of the Building Official. Please obtain the Town
20% Rule Form from the Town Permit Counter or download from the Town of
Los Gatos website at www.losgatosca.gov and completely fill it out showing all
the required upgrades that will be provided and their costs. This form must be
permanently affixed (i.e. blue - lined, sticky- backed) to the plans.
c. Section 412.3 of the 2010 California Plumbing Code requires that separate toilet
facilities shall be provided for each sex. However, Footnote 19 to Table 4 -1
allows the Authority Having Jurisdiction to approve alternative design criteria
when determining the minimum number of plumbing fixtures. Since half of the
facility is a mercantile occupancy of less than 1500 square feet, a unisex toilet
facility for use by both sexes can be permitted.
TO THE SATFISFATI0N OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
26. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right -of -way shall be kept clear of all job
related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and /or the street
will not be allowed unless a special permit is issued. The developer's representative in
charge shall be at the job site during all working hours. Failure to maintain the public
right -of -way according to this condition may result in the Town performing the required
maintenance at the developer's expense.
27. 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.
28. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to
on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
29. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
30. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's
public frontage to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street
lighting (upgrade and/or repaint) etc.
31. CONSTRUCTION STREET PARKING. 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).
32. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed
into the Town's storm drains.
33. 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, etc. shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk- through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
34. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard
Details. The limits of sidewalk repair will be determined by the Engineering Construction
Inspector during the construction phase of the project.
35. CURB AND GUTTER. The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and
gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair
will be determined by the Engineering Construction Inspector during the construction
phase of the project.
36. 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.
37. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and /or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (See. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater valve,
as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of
the Town Code and maintain such device in a functional operating condition. Evidence of
West Valley Sanitation District's decision on whether a backwater device is needed shall
be provided prior to issuance of a building permit.
38. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and
provide area drains connected to the sanitary sewer system per current NPDES
requirements. Temporary trash enclosures are exempt from this condition.
39. GREASE TRAPS. Meet all requirements of the Santa Clara County Health Department
and West Valley Sanitation District for the interception, separation or pretreatment of
effluent.
40. CONSTRUCTION NOISE. Between the hours of 8:00 a.m, to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty-five (25) feet. If the device is located within a structure on
the property, the measurement shall be made at distances as close to twenty -five (25) feet
from the device as possible. The noise level at any point outside of the property plane shall
not exceed eighty -five (85) dBA.
41. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and /or materials on the sidewalk and /or the street will not be allowed
unless a special permit is issued by the Engineering Division. The adjacent public right -of-
way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and
debris shall not be washed into storm drainage facilities. The storing of goods and
materials on the sidewalk and/or the street will not be allowed unless a special permit is
issued. The developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right -of -way according to this condition may result in
the Town performing the required maintenance at the developer's expense.
42. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall
initiate a weekly neighborhood e -mail notification program to provide project status
updates. The e -mail notices will also be posted on a bulletin board placed in a prominent
location along the project perimeter.
43. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
NADMCONDFINS \2011WSC217 A &S.docx