2007-010 - Grant An Appeal Of A Planning Commission Decision To Grant An Appeal Denying Demo Of A Single Family Home And Build Two New Residences At 16961 Placer Oaks RdRESOLUTION 2007 -010
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO
GRANT AN APPEAL DENYING DEMOLITION OF A SINGLE FAMILY RESIDENCE
AND CONSTRUCTION OF TWO NEW RESIDENCES ON PROPERTY ZONED R -1:8
r
APN: 529 -14 -059
ARCHITECTURE AND SITE APPLICATION: 5 -06 -016 (LOT #1)
ARCHITECTURE AND SITE APPLICATION: 5 -06 -017 (LOT #2)
PROPERTY LOCATION: 16961 PLACER OAKS ROAD
PROPERTY OWNERIAPPELLANT: HOWELL & MCNEIL DEVELOPMENT LLC
WHEREAS:
A. This matter came before the Town Council for public hearing on December 18, 2006,
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant/applicant
and all interested persons who wished to testify or submit documents. 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 December 14, 2006, along
with subsequent reports and materials prepared concerning this application.
C. The applicant is requesting approval of a lot line adjustment between two parcels,
demolition of a single family residence and the construction of two single family residences. The
applicant proposes to construct a 3,185 square foot, one -story home on Lot 1 and a 3,165 square
foot, two -story home on Lot 2. Council's decision on the appeal of the Planning Commission
decision effectively denying the lot line adjustment is addressed in a separate resolution adopted
concurrently herewith (Resolution 2007 -011).
D. The applications were considered by the Planning Commission on May 10, 2006,
which continued the matter with the following directions:
House sizes should be in the 2,400 sq. ft. range.
ii. Look at using building materials that will allow the interior sound levels of
the houses to meet the noise standards of a multiple family dwelling unit to
reduce noise impacts.
iii. Consider 22' -0" overall height.
E. The applications were again considered by the Planning Commission on June 28,
2006, which remanded the applications to the Development Review Committee for final action
with the following directions:
The house on Lot 1 shall be one story.
ii. The height of the house on Lot 2 shall be reduced by 1.5 feet.
iii. The roof color on Lot 2 shall be darkened to ensure it is not a red clay tile
roof.
F. The applications were considered by the Development Review Committee on
September 26, 2006, which acted to approve the proposed plans based on the finding that the
applicant's revisions met the direction of the Planning Commission. This decision was appealed
by a neighboring resident.
G. An appeal of the Development Review Committee's decision was considered by
the Planning Commission on October 25, 2006, which acted to grant the appeal to deny the
applications. The Planning Commission based its decision on the finding that its intention from
the June 28, 2006 hearing was to reduce the square footage of both houses to the 2,200 -2,400 sq
ft. range as well as reduce the height of the house on Lot 1 to one - story. The requirement to
reduce the size of the homes was not in their motion.
E. The applicant /appellant claims that the Planning Commission erred or abused its
discretion in that the houses are compatible with the neighborhood in terms of the proposed
square footages, number of stories and that the subject lots are among the larger lot sizes in the
neighborhood, which allows a larger floor area ratio (FAR).
F. The decision of the Planning Commission was incorrect and is hereby reversed.
G. Council finds as follows:
The project is consistent with the Los Gatos General Plan, as evidenced by
staff reports demonstrating that the proposed residential use is allowed under the existing zoning
and does not violate any provisions of the General Plan.
ii. Pursuant to Town Code section 29.10.09030 regarding demolition
applications:
a. The existing structure is not critical to the maintenance of the
Town's housing stock, particularly because it will be replaced by two new houses;
b. The existing structure is not historically or architecturally
significant, as determined by the Development Review Committee ( "DRC ") in approving the
project on September 26, 2006, evidenced in the staff report to the Planning Commission dated
October 20, 2006.
C. The owner of the property is the applicant /appellant evidencing
their lack of desire to maintain the existing structure; and
d. The economic utility of the existing structure is not a significant
issue in light of the applicant/appellant's intent to replace it with two homes.
iii. The project is categorically exempt pursuant to sections 15303 and 15315
of the State Environmental Guidelines as adopted by the Town, as evidenced by the staff report to
the Town Council dated December 14, 2006.
iv. The applications are not subject to the Town Policy for In -Fill Projects
(Resolution 1993 -62) because the project involves the redevelopment of a previously developed
site.
V. Pursuant to Town Code section 29.20.300, the Planning Commission erred
in denying the applications. Neighborhood compatibility is determined: first, by identifying the
appropriate neighborhood; and second, by analyzing compatibility of the proposed structure(s)
within the applicable neighborhood. The Commission's error, and consequently this decision, is
limited to the analysis of compatibility. The question of how to identify the appropriate
neighborhood should be addressed through the development and adoption of a Residential
Development Guideline policy.
The Commission determined here that the houses proposed at 3,185 and 3,165 square feet
of living space would not be compatible with existing houses in the surrounding area, and,
therefore, should be reduced in size to a range of 2,200 to 2,400 square feet. A member of the
Commission proposed that the appropriate square footage of the proposed houses should be
derived from the median square footage of houses in the area of the project. The Commission did
not address evidence demonstrating that the surrounding area includes houses with greater square
footage than is proposed here. The Commission did not address the opinion of the Town's
Consulting Architect that the houses as proposed would be consistent in terms of mass and bulk
with existing houses in the surrounding area. Finally, the Commission did not compare the
proposed houses to existing houses in the surrounding area in terms of FAR.
Averaging the square footage of living space in existing homes to determine the
appropriate size for a proposed structure is neither a method recommended by Town staff nor is it
approved by the Town Council for determining compatibility. Moreover, compatibility should
not be determined solely on the basis of square footage of living space. Town staff and the Town
Council have consistently determined compatibility using a combination of elements, including
square footage, FAR, and the architectural mass and bulk of a proposed structure. Consideration
of square footage of living space should be limited to determining whether a proposed structure
will be the largest in the neighborhood from a square footage or visual mass and scale perspective,
and if not, whether the largest existing structure is an anomaly.
RESOLVED:
1. The appeal of the decision of the Planning Commission denying Architecture and Site
Applications S -06 -016 and S -06 -017 is granted and the applications are approved subject to the
the conditions attached as Exhibit "A" hereto.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 5' day of February 2007, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Mike Wasserman. And Mayor Joe Pirzynski
NAYS: Barbara Spector
ABSENT:
ABSTAIN: � r
SIGNED:
A)k OR OFT WN OF LOS GATOS
S GATOS, CALIFORNIA
ATTES
ER ADMINISTRATOR
OF LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL FOR:
16961 Placer Oaks Rd
Subdivision Application M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot 92)
Requesting approval of a two lot subdivision (lot line adjustment) on property zoned R -1:8
and approval to demolish a single family residence and to construct a new residence on each
of the newly created lots. APN 529 -14 -059.
PROPERTY OWNER/APPLICANT: Howell & McNeil Development LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the approved plans received
September 11, 2006. Any minor changes or modifications made to the approved plans shall be
approved by the Director of Community Development other changes will be approved by the
Planning Commission, depending on the scope of the change(s).
3. CERTIFICATE OF COMPLIANCE: The applicant shall apply for a Certificate of Compliance
prior to the issuance of building permits.
4. LOT LINE ADJUSTMENT: The applicant shall attain a Lot Line Adjustment prior to the
issuance of building permits.
5. FENCE: Work with the neighbors to determine the most appropriate type and height of border
fencing along the western property line to the satisfaction of the Community Development
Director.
6. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees proposed
for removal prior to the issuance of a Building or Encroachment Permit.
7. RECYCLING. All wood, metal, glass and aluminum materials generated from the demolished
structure 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.
8. ARBORIST RECOMMENDATIONS: The Consulting Arborist recommendations dated April
13, 2006 must be strictly adhered to, prior to and throughout construction.
9. NEW REPLACEMENT TREES. Replacement trees shall be planted for each tree that is
removed. The number and size of new trees shall be determined using the canopy replacement
table in the Town's Tree Protection Ordinance. The new trees to be planted shall be double -
staked, using rubber tree ties and shall be planted prior to final inspection. Work with the
neighbors and the Town Arborist Consultant to determine the most appropriate type, size and
location of replacement trees along the Western property line of Lot 1 to the satisfaction of the
Community Development Director.
10. PERMITS REQUIRED: A building permit shall be required for the demolition and the existing
and the construction of the new single family residence. Separate permits are required for
accessory structures and swimming pools; separate permits are required for electrical,
mechanical, and plumbing work as necessary.
16961 Placer Oaks Rd.
Subdivision Appliation M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot 92)
Page 2
11. LOT 1 PLAN MODIFICATIONS: Prior to filing for a building permit, the applicant shall
submit revised plans for approval which lowers the building plate six inches and modifies the
roof pitch to 4:12. The approved plans shall be incorporated in the building permit plans.
12. ADDITIONAL LANDSCAPING. Prior to the issuance of a building permit, the applicant
shall submit a landscape plan for approval which provides tree screening between the subject
parcel and APN 529 -14 -034. The approved landscape plan shall be included with the building
permit plans. These trees shall be planted prior to final occupancy and shall be double staked
using rubber tree ties.
(Building Division)
13. 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.
14. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
15. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management Application from the Building Department Service
Counter. Once the demolition form has been completed, all signatures obtained, and written
verification from PG &E that all utilities have been disconnected, return the completed form to
the Building Department Service Counter with the J4 Certificate. PG &E verification and three
(3) sets of site In ans to include all existing structures, existing utility service lines such as
water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit
from the Town.
16. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names and/or house
numbers /suite numbers to the Office of the Town Clerk prior to submitting for the building
permit application process.
17. 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. ALTERNATE: Design the foundation for an allowable soils
1,000 psf design pressure. (Uniform Building Code Volume 2 - Section 1805)
18. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report; and, the building pad elevation, 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. Building pad elevation
b. Finish floor elevation
C. Foundation cornier locations
19. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed
with adaptability features for single family residences per Town Resolution 1994 -61:
16961 Placer Oaks Rd.
Subdivision Appliation M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot #2)
Page 3
a. Wooden 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.
b. All passage doors shall be at least 32 inches wide on the accessible floor.
C. Primary entrance shall have 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 with an 18-
inch clearance.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
20. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -1R
and MF -1R must be blue -lined on the plans.
21. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 -feet of
chimneys.
22. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, 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, signed by all requested parties and be blue -
lined on the construction plans. Special Inspection forms are available from the Building
Division Service Counter or online at www.los afg osca.gov.
23. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page. The specification sheet is available at the Building Division Service Counter for a fee of
$2 or at San Jose Blue Print.
24. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Vu Nguyen at 354 -6807
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395 -3460
C. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: (Contact the Town Building Service Counter for the
appropriate school district and to obtain the school form.)
f Bay Area Air Quality Management District: (415) 771 -6000
g. Environmental Health Department: (408) 885 -4200
It. Santa Clara Valley Water District: (408) 265 -2600
i. Department of Fish and Game:. (831) 475 -9065
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
25. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading
permit application (with grading plans) shall be made to the Engineering Division of the Parks
& Public Works Department located at 41 Miles Avenue. The grading plans shall include final
grading, drainage, retaining wall location, driveway, utilities and interim erosion control.
Grading plans shall list earthwork quantities and a table of existing and proposed impervious
areas. Unless specifically allowed by the Director of Parks and Public Works, the grading
16961 Placer Oaks Rd.
Subdivision Appliation M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot #2)
Page 4
permit will be issued concurrently with the building permit. The grading permit is for work
outside the building footprint(s). A separate building permit, issued by the Building
Department on E. Main Street is needed for grading within the building footprint.
26. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the 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 or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
27. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations, retaining walls, site
grading, and site drainage are in accordance with their recommendations and the peer review
comments. The applicant's soils engineer's approval shall then be conveyed to the Town either
by letter or by signing the plans.
28. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to placement
of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the
design -level geotechnical report, and recommend appropriate changes in the recommendations
contained in the report, if necessary. The results of the construction observation and testing
should be documented in an "as- built" letter /report prepared by the applicants soils engineer
and submitted to the Town before final release of any occupancy permit is granted.
29. DEMOLITION. The existing building shall be demolished prior to recordation of the Parcel
Map. Interim erosion control improvements shall be provided. 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. Interim erosion control measures, to be carried out during construction
and before installation of the final landscaping shall be included. 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. Provide erosion control measures as needed to protect downstream water
quality during winter months. The grading, drainage, erosion control plans and S WPPP shall
be in compliance with applicable measures contained in the amended provisions C.3 and C.14
of Order 01 -024 of the amended Santa Clara County NPDES Permit.
30. CERTIFICATE OF LOT LINE ADJUSTMENT. A Certificate of Lot Line Adjustment shall
be recorded. Two copies of the legal description for each new lot configuration, a plat map (8-
' /2 in. X 11 in.) and two copies of the legal description of the land to be exchanged shall be
submitted to the Engineering Division of the Parks & Public Works Department for review and
approval. The submittal shall include closure calculations, title reports less than 90 days old
and the appropriate fee. The certificate shall be recorded before any permits may be issued.
31. DEDICATIONS. The following shall be dedicated by separate instrument. The dedication
shall be recorded before any permits are issued.
a. Placer Oaks Road. A 30 -foot half - street right -of -way.
b. Sidewalk Easement. A sidewalk easement may be required on Lot 1 in the vicinity of the
30 in. oak tree. Exact dimension of sidewalk easement will be determined during the
parcel map and public improvement plan review process.
32. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered civil
16961 Placer Oaks Rd.
Subdivision Appliation M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot #2)
Page 5
engineer, and reviewed and approved by the Town before the issuance of a building permit.
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
a. Placer Oaks Road. Sidewalk along the full property frontage. An alternative to Town
standard sidewalk will be required to be installed around the 30 in. oak tree on Lot 1. The
alternatives will be. approved by the Town Arborist and Town Engineer. Alternatives
could include, but are not limited to: meandering sidewalk, sidewalk cutout & narrowing,
sidewalk ramping and flexible paving materials.
33. BUILDING UTILITY SERVICES. Building utility services, including water; sanitary sewer,
telephone, electric, gas, and cable, shall be stubbed out to each lot and guaranteed by contract,
Faithful Performance Security and Labor & Materials Security before the issuance of a
building permit or the recordation of a map.
34. TRENCHING WITHIN DRIPLINE OF TREES. Trenching within the dripline of existing
trees shall be avoided. The utilities shall be relocated to be at least eight (8) ft. from the trunk
of the existing trees (# 2, 3 & 4) and from the trees to be planted. Trenches within the dripline
may have to be hand dug.
35. TRENCHING MORATORIUM. Trenching within a newly paved street (Placer Oaks Road)
will be allowed subject to the following requirements:
a) The Town standard "T" trench detail shall be used.
b) A Town approved colored controlled density backfill shall be used.
c) The total asphalt thickness shall be a minimum of 3- inches or shall match the existing
thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium
asphalt. The initial lift(s) shall be of three quarter inch medium asphalt.
d) The Contractor shall schedule a pre - paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e) A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall extend the
full width of the street and shall extend 5 -feet beyond the longitudinal limits of trenching.
Slurry seal materials shall be approved by the Town Engineering Construction Inspector
prior to placement. Black sand may be required in the slurry mix. All existing striping and
pavement markings shall be replaced upon completion of slurry seal operations.
f) A separate bond for trench saw cutting and paving may be provided at the time of building
permit issuance. In the event such a bond is posted, the slurry seal provision above would
be waived.
36. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before recordation of
the map.
37. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional 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 Town Council resolution in effect
at the time the request of Certificate of Occupancy is made. The fee shall be paid before
issuance of the Certificate of Occupancy. The traffic impact mitigation fee for this project
using the current fee schedule is $2,871 per lot. The final fee shall be calculated from the final
plans using the rate schedule in effect at the time of the request for a Certificate of Occupancy.
16961 Placer Oaks Rd.
Subdivision Appliation M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot #2)
Page 6
38. 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.
39. 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.
40. 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.
41. DUST CONTROL. 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 sails as soon as possible. Further, 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 insure proper control of blowing dust for the duration of the
project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers
or by hand as often as deemed necessary by the Town Engineer, 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. 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 Town.
Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts)
exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered.
42. 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).
43. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed.
44. NONPOINT SOURCE POLLUTION PREVENTION. On -site drainage systems shall include
a filtration device such as a bio -swale or permeable pavement.
45. 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.
46. UTILITIES. The developer shall install all utility services, including telephone, electric power
and all other communications lines underground, as required by Town Code §27.50.015(b).
16961 Placer Oaks Rd.
Subdivision Appliation M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot #2)
Page 7
All new utility services shall be placed underground. Underground conduit shall be provided
for cable television service.
47. 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.
48. 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.
49. 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 (Sec. 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.
50. 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.
51. HAULING OF DEBRIS. Hauling of debris 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.).
Prior to the issuance of a building permit, the developer shall work with the Town Building
and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure
safe and efficient traffic flow under periods when soil is hauled on or ff the project site. This
may include, but is not limited to provisions for the developer /owner to place construction
notification signs noting the dates and time of construction and hauling activities, or providing
additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require
all trucks to maintain at least two feet of freeboard.
16961 Placer Oaks Rd,
Subdivision Appliation M -06 -01
Architecture and Site Application S -06 -016 (lot #1)
Architecture and Site Application S -06 -017 (lot #2)
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TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
52. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: Provide an access
driveway with a paced all weather surface, a minimum unobstructed width of 12 feet, vertical
clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet
inside. Installations shall conform to Fire Department Standard Details and Specifications
sheet D -1.
53. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
C:\Documents and Settings \okorb\Local Settings \Temp \16961 Placer Oaks Rd.wpd