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2016-025 - Grant Appeal of PC for 15975 Union AveRESOLUTION 2016 -025 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE - FAMILY RESIDENCE, SUBDIVIDE ONE LOT INTO THREE LOTS, CONSTRUCT THREE NEW SINGLE - FAMILY RESIDENCES, AND REMOVE LARGE PROTECTED TREES ON PROPERTY ZONED R -1:10 APN: 523 -42 -017 SUBDIVISION APPLICATION: M -15 -001 ARCHITECTURE AND SITE APPLICATION: 5 -15 -009 THROUGH 5 -15 -011 PROPERTY LOCATION: 15975 UNION AVENUE PROPERTY OWNER: BETCHART UNION AVE JOINT VENTURE PARTNERSHIP APPLICANT /APPELLANT: GARY KOHLSAAT, ARCHITECT WHEREAS, on January 27, 2016 and March 9, 2016, the Planning Commission held a public hearing and considered a request to demolish an existing single - family residence, subdivide one lot into three lots, construct three new single - family residences, and remove large protected trees on property zoned R -1:10. The Planning Commission denied the applications. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying to demolish an existing single - family residence, subdivide one lot into three lots, construct three new single - family residences, and remove large protected trees. WHEREAS, the applicant appealed the decision of the Planning Commission based on their belief that the Planning Commission erred in its decision because their interpretations of the items (b), (c) and (d) of the findings required per the State Subdivision Map Act Section 66474 were subjective, arbitrary, or inconsistent with the facts; and WHEREAS, this matter came before the Town Council for public hearing on May 3, 2016, and was regularly noticed in conformance with State and Town law. WHEREAS, Town Council received testimony and documentary evidence from the appellant 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 for their meeting on May 3, 2016, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows in accordance with Town Code section 29.20.300 (b)(3) that there was an issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to demolish an existing single - family residence, subdivide one lot into three lots, construct three new single - family residences, and remove large protected trees on property zoned R -1:10 is granted and Subdivision application M -15 -001 and Architecture and Site applications S -15 -009 through 5 -15 -011 are approved. 2. The Town Council hereby adopts all findings, considerations and conditions of approval set forth in that documents attached as Exhibits A and B. 3. The Town Council hereby directs the applicant to consider lengthening the left hand turn pocket on Blossom Hill Road which provides access to northbound Union Avenue. 4. 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. 2 of 23 Resolution 2016 -025 May 3, 2016 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 3`d day of May, 2016, by the following vote: AYES: Steve Leonardis, Rob Rennie, Mayor Barbara Spector NAYS: Marico Sayoc ABSENT: Marcia Jensen ABSTAIN: None rha ci MAYOR 94� TnE -TQr�OF LOS GATOS LOS GArT`OS, C Z&MNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GAT OS. CALIFORNIA DATE: 95hplap 3 of 23 Resolution 2016 -025 May 3, 2016 This Page Intentionally Left Blank 4 of 23 Resolution 2016 -025 May 3, 2016 REQUIRED FINDINGS AND CONSIDERATIONS FOR— May 3, 2016 15975 Union Avenue Subdivision Application M -15 -001 Architecture and Site Applications S -15 -009 through 5 -15 -011 Requesting approval to demolish an existing single - family residence, subdivide one lot into three lots, construct three new single - family residences, and remove large protected trees on property zoned R -1:10. APN 523 -42 -017. PROPERTY OWNER: Betchart Union Ave Joint Venture Partnership APPLICANT: Gary Kohlsaat, Architect FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions. Required finding for the demolition of a single - family residence: ■ As required by Section 29.10.09030(e) of the Town Code for the demolition of a single - family residence: 1. The Town's housing stock will be maintained as the single - family residence will be replaced. 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures was considered. Required Compliance with the Residential Design Guidelines: ■ The project is in compliance with the Residential Design Guidelines for single - family homes not in hillside residential areas. Required findings to deny a Subdivision application: ■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if any of the following findings are made: None of the findings could be made to deny the application. a. That the proposed map is not consistent with all elements of the General Plan. b. That the design and improvement of the proposed subdivision is not consistent with all elements of the General Plan. c. That the site is not physically suitable for the proposed development. EXHIBIT A 5 of 23 Resolution 2016 -025 May 3, 2016 d. That the site is not physically suitable for the proposed density of development. e. That the designs of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f. That the design of the subdivision or type of improvements is likely cause serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONSIDERATIONS Required considerations in review of Architecture & Site applications: ■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. 6 of 23 Resolution 2016 -025 May 3, 2016 CONDITIONS OF APPROVAL — May 3, 2016 15975 Union Avenue Subdivision Application M -15 -001 Architecture and Site Applications S -15 -009 through S -15 -011 Requesting approval to demolish an existing single - family residence, subdivide one lot into three lots, construct three new single - family residences, and remove large protected trees on property zoned R -1:10. APN 52342 -017. PROPERTY OWNER: Betchart Union Ave Joint Venture Partnership APPLICANT: Gary Kohlsaat, Architect 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 and in substantial compliance with the plans approved and noted as received by the Town on February 19, 2016. Any changes or modifications to the approved plans shall be approved by the Community Development Director, the Development Review Committee, the Planning Commission, or Town Council, depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. 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. 4. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Monarch Consulting Arborists LLC and Deborah Ellis, MS, identified in the Arborist reports, dated as received February 10, 2015 and April 3, 2015, respectively, on file in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. 7. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two -inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. EXHIBIT B 7 of 23 Resolution 2016 -025 May 3, 2016 8. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being removed. The number of trees and size of replacement trees shall be determined using the canopy replacement table in the Town Code. Town Code requires a minimum 24 -inch box size replacement tree. New trees shall be double staked with rubber ties and shall be planted prior to final inspection and issuance of occupancy permits. 9. LANDSCAPE SCREENING: Landscape screening shall be planted along all property lines. Shrubs and tall shrubs shall be planted with larger than 5- gallon size plants for faster landscape screening. A minimum 24 -inch box size trees shall be planted, including some along the project's western property line, and large size trees shall be considered. 10. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including landscape and irrigation plans and calculations, shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. The final landscape plan shall be reviewed by the Town's consultant prior to issuance of building permits. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. 11. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. 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 the type and weight of materials, shall be submitted to the Town prior to the Town's demolition inspection. 12. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 13. BLOSSOM HILL ROAD FENCE HEIGHT: Fence height is limited to six feet from grade along Blossom Hill Road. 14. OTHER FENCE HEIGHT: Fence height for fences not along Blossom Hill Road are limited to eight feet from grade and may not conflict with traffic view areas. 15. BUILDING PERMIT PLANS: The building permit plans shall include correct calculations for allowable floor areas. The building permit plans shall be consistent between plan sheets, including references for retaining wall and fence details, fence heights, pavers, pipes, and chimneys. The applicant must include this information in the building permit plans prior to issuance of building permits. 16. DRIVEWAY MATERIAL: Stamped concrete shall be used at the driveway entrance and the garage aprons. Stamped concrete at these locations shall be shown on the building permit plans prior to issuance and be installed prior to final of building permits. 17. 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 18. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the existing single - family residence and associated accessory structures and a Building Permit the construction of each new single - family residence with attached garage. A separate plan set is required for each lot. Separate permits are required for electrical, mechanical, and 8 of 23 Resolution 2016 -025 May 3, 2016 plumbing work as necessary. 19. 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. 20. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum size 30" x 42 ". 21. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District 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 Air Quality District's J# Certificate, PG &E verification, and three (3) sets of site plans showing all existing structures, existing utility service lines such as water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit from the Town. 22. BUILDING ADDRESSES: Submit requests for new building addresses to the Building Division prior to submitting for the Building Permit application process. 23. 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. 24. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed Civil Engineer or Land Surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report, and that the building pad elevation and on -site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed Surveyor or registered Civil Engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining Walls 25. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be 0 27 designed with adaptability features for single family residences per Town Resolution 1994- 61: a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls at water closets, showers, and bathtubs, located 34- inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32- inches wide on the accessible floor. c. Primary entrance shall be a 36 -inch wide door including a 5'x5' level landing, no more than 1 -inch out of 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 at primary entrance. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue - lined, i.e. directly printed, onto a plan sheet. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater 9 of 23 Resolution 2016 -025 May 3, 2016 valves on drainage piping serving fixtures that have flood level rims less than 12- inches above the elevation of the next upstream manhole. 28. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance or a gas appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 -feet of Chimney. 29. FIRE ZONE: The project requires a Class A Roof assembly. 30. WILDLAND -URBAN INTERFACE: This project is located in a Wildland -Urban High Fire Interface Area and must comply with the materials and construction methods for exterior wildfire exposure requirements of Section R327 of the 2013 California Residential Code. 31. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled -out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building 32. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (2406) 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 ARC Blue Print for a fee or online at www.losgatosca.gov /building. 33. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Erin Walters (408) 354 -6867 b. Engineering/Parks & Public Works Dept.: Mike Weisz (408) 354 -5236 c. Santa Clara County Fire Department: (408) 378 -4010 d. West Valley Sanitation District: (408) 378 -2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. f. Bay Area Air Quality Management District: (415) 771 -6000 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 34. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. 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 an encroachment 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. 35. APPROVAL: This application shall be completed in accordance with all the conditions of approvals listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 10 of 23 Resolution 2016 -025 May 3, 2016 36. 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. It is the responsibility of the Applicant/Developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), AT &T, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any permit. 37. 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. 38. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the 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. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. 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. The Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 39. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 40. STREET CLOSURE: Any proposed blockage or partial closure of the street 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. 41. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 42. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Parcel Map. 43. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant's project engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 44. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 45. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. 46. GRADING PERMIT: Grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks and 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 11 of 23 Resolution 2016 -025 May 3, 2016 Public Works, the grading 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. 47. DRIVEWAY: The driveways conform to existing pavement on Union Avenue shall be constructed such that existing drainage patterns will not be obstructed. 48. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage studies shall be submitted to and approved by the Town Engineer: A drainage study of the project including diversions, off -site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that proposed drainage patterns will not overload existing storm drains; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. 49. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading/improvement permits, whichever comes first, the Applicant shall: a) Design provisions for surface drainage; and b) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and c) Provide recorded copy of any required easements to the Town. 50. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building permit. 51. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes. 52. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 53. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre - construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub - contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 54. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 55. CERTIFIFATE OF COMPLIANCE: A Certificate of compliance shall be recorded. Two copies of the legal description for each lot configuration, a plat map (8 -% in. X 11 in.) shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. The submittal shall include closure calculations, title reports less than 12 of 23 Resolution 2016 -025 May 3, 2016 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. 56. 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 and 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. 57. PARCEL MAP: A parcel map shall be recorded. Two copies of the parcel map shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. Submittal shall include closure calculations, title reports and the appropriate fee. The map shall be recorded before any permits for new construction are issued. The Applicant/Subdivider shall provide the Engineering Division with an electronic copy (in PDF format) and two hardcopies of the signed recorded map along with a CAD drawing of the Parcel Map after it is recorded. 58. SHARED MAINTENANCE AGREEMENT: The Applicant/Subdivider shall record a shared Maintenance Agreement at the time of recordation of the parcel subdivision map. The shared Maintenance Agreement shall be subject to the review and approval of the Town prior to recordation of the parcel map. The owners of the three properties shall be responsible for the maintenance of all private utilities, wildland fire and buffer areas, storm water treatment facilities (including the three bioretention ponds,and bio- treatment swale) landscape areas, the long term maintenance the fences located on the northern boundary line, and other common areas /facilities within the proposed subdivision. The owners of the three properties shall be responsible for keeping the shared driveway signed, marked, free and clear for fire department access. The property owner of Lot 2 shall keep Lot 2's driveway apron signed, marked, free and clear for fire vehicle turnaround with the exception of the surface parking space. One surface space on Lot 1, and two surface spaces at the end of the shared driveway will be shared parking and available to all property owners and their guests. 59. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided prior to map recordation. 60. PRIVATE UTILITIES — STREET: Prior to the recordation of a subdivision map the Applicant/Subdivider shall place a note on the map, in a manner that meets the approval of the Town Engineer that states: "The private streets, utilities constructed within this map shall be owned, operated and maintained by the Developer, successors or assigns." 61. DEDICATIONS: The following shall be dedicated on the parcel map by separate instrument. The dedication shall be recorded before any permits are issued: a. Union Avenue: A 25 -foot right -of -way dedication b. Blossom Hill Road: A 15 -foot right -of -way dedication with a 36 -foot radius at the intersection with the newly - dedicated right -of -way line of Union Avenue. c. A 3 -foot wide sidewalk easement along Union Avenue. d. A reciprocal Ingress & Egress Easement (ISE) by separate easement, recorded concurrently with the Parcel Map. e. Emergency Vehicle Access Easement: A 24 -foot wide easement through Lots 1 thru 3, in addition to a 20 -foot wide easement for turnaround, as shown on Lot 3. 13 of 23 Resolution 2016 -025 May 3, 2016 62. DEMOLITION: The existing building shall be demolished prior to recordation of the parcel map affected by this existing building. 63. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the 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. 64. SOILS REVIEW: Prior to issuance of any permit, the Applicant's engineers shall prepare and submit a design -level geotechnical /geological investigation for review and approval by the Town. 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. Approval of the Applicant's soils engineer shall then be conveyed to the Town either by letter or by signing the plans. 65. 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 shall be documented in an "as- built" letter /report prepared by the Applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. 66. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical /geological recommendations contained in the Geotechnical Investigation by Silicon Valley Soils Engineering, dated November 2014, and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town's consultant and costs shall be borne by the Applicant. 67. IMPROVEMENTS AGREEMENT: The Applicant shall enter into an agreement to construct public improvements that are part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and materials) prior to issuance of any permit. The Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 68. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG &E stating that public street light billing will by Rule LS2A, and that private lights shall be metered with billing to the owners of the three properties. Pole numbers, assigned by PG &E, shall be clearly delineated on the plans. 69. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed and approved prior to issuance of any permit. 70. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Union Avenue & Blossom Hill Road: curb, gutter, sidewalk, tie -in paving, signing, striping, storm drainage and sanitary sewers, street lights, traffic signal, intersection 14 of 23 Resolution 2016 -025 May 3, 2016 improvement, as required. b. Union Avenue & Blossom Hill Road: an appropriate structural pavement section for the half -width immediately adjacent to the project frontage of both Union Avenue and Blossom Hill Road shall be constructed to the centerline. 71. FRONTAGE IMPROVEMENTS: The 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. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 72. FRONTAGE IMPROVEMENTS (STREET LIGHT): Remove existing street light on PG &E power pole and replace with a Town standard octaflute street light pole with LED light fixture. 73. FRONTAGE IMPROVEMENTS (TRAFFIC): The Applicant shall construct and modify the Blossom Hill Road/Union Avenue intersection improvements as required including, and may not be limited to, curb, gutter, sidewalk, asphalt concrete pavement, pork chop island, median island, signs, striping, traffic signal poles, conduits, and equipment, etc., as directed by the Town Engineer. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 74. FRONTAGE IMPROVEMENTS (SIGNALIZED INTERSECTION): The Applicant shall upgrade existing traffic signal to current Town standards including, and may not be limited to, the following: a. Replace non -LED signals with LEDs b. Replace 8" signal heads with 12" signal heads c. Install pedestrian signal countdown heads d. Install ADA compliant pedestrian push buttons e. Install two video detection cameras f. Install LED safety lighting fixture g. Install EMTRAC fire preemption device h. ADA - compliant pedestrian improvements including curb ramps and pork chop islands i. Others as applicable The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 75. ADA COMPLIANCE: The Applicant shall be required to meet all ADA standards, which must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. This may require additional construction measures as directed by the Town. 76. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 77. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility easements. The deed restrictions shall specify that no trees, fences, or hardscape are allowed within the easement boundaries, and that maintenance access must be provided. 15 of 23 Resolution 2016 -025 May 3, 2016 The Town will prepare the deed language and the Applicant's surveyor shall prepare the legal description and plat. The Applicant shall pay any recordation costs. 78. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany any proposed private easement. Access driveway shall be within the recorded access easement. New private access easement shall be recorded prior to issuance of building permit. The easement(s) and associated agreement(s) shall be recorded simultaneously with the Parcel Map. 79. TRENCHING MORATORIUM: Trenching within a newly paved street 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. All necessary utility trenches and related pavement cuts shall be consolidated to minimize the impacted area of the roadway. d. The total asphalt thickness shall be a minimum of 3- inches, meet Town standards, 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. e. The Contractor shall schedule a pre - paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. f. 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. All pavement restorations shall be completed and approved by the Inspector before occupancy. 80. SIDEWALK REPAIR: The Developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. All new and existing adjacent infrastructures must meet current ADA standards. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 81. 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. All new and existing adjacent infrastructures must meet Town standards. New curb and gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 82. DRIVEWAY APPROACH: The Developer shall install one Town standard residential driveway approach at the project's vehicular point of entry along Union Avenue. The new 16 of 23 Resolution 2016 -025 May 3, 2016 driveway approach shall be constructed per Town Standard Plans and must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. 83. CURB RAMPS: The Developer shall construct all curb ramps in compliance with ADA Standards which must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. 84. FENCING: Any fencing proposed within 200 -feet of an intersection shall comply with Town Code Section §23.10.080. 85. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, shall abide by Town Code Section 23.10.080, 26.10.065, 29.40.030. 86. FENCES: Fences between all adjacent parcels shall be located on the property linesiboundary lines. Any existing fences that encroach into the neighbor's property shall be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors. 87. TRAFFIC IMPROVEMENTS (OFF -SITE IMPROVEMENT): Off -site improvement plans shall be prepared by the Developer's design consultants and submitted to Town Engineer for approval prior to construction. The Applicant is required to designate necessary right of way for the required widening. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 88. STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Developer shall pay for the Town's inspection of street lights and traffic signal related work installed by the developer. The fees, $2,000, shall be due at time of building permit application. 89. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than those assumed in the traffic study report may be required an updated traffic study in accordance with Town's traffic impact policy. 90. TRAFFIC IMPACT MITIGATION FEE: The Developer shall pay the project's proportional share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project shall be calculated from the final plans using the rate schedule and current fee schedule in effect at the time the building permit is issued, using a trip generation rate based on a comparison of the site's current and proposed uses. 91. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the project applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35 -mm or digital video camera. The results shall be documented in a report and submitted to the Town for review. 92. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant will complete a pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength. Rehabilitation improvements required to restore the pavement to pre - construction condition and strength shall be determined using State of California 17 of 23 Resolution 2016 -025 May 3, 2016 procedures for deflection analysis. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued. The Applicant shall be responsible for completing any required road repairs prior to release of the faithful performance bond. 93. CONSTRUCTION STREET PARKING: No vehicle having a manufacture'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 to approval from the Town Engineer. 94. TRAFFIC CONTROL PLAN: Traffic control plan is required and must be submitted and approved prior to issuance of any work in the public right -of -way. This plan shall include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one -way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one -way operation, specifying dates and hours of operation. 95. TRAFFIC SIGNAL MODIFICATION PLAN: A Traffic Signal Modification Plan is required and must be submitted and approved prior to issuance of any work in the public right -of -way. This plan shall be prepared by a licensed traffic engineer. 96. HAULING OF SOIL: Hauling of soil on or off -site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the Developer shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off 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. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris. 97. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc. shall be limited to 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. The Town may authorize on a case -by- case basis alternate construction hours. The Applicant/Subdivider shall provide written notice 24 hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 98. 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 from the source. 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. 18 of 23 Resolution 2016 -025 May 3, 2016 99. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations. 100. MAINTENANCE ACCESS: Prior to the issuance of any permits, the Applicant shall propose maintenance access improvements for the Town Engineer to review, comment on, and approve. The Engineering Division of the Parks and Public Works Department shall approve the surface materials over each public easement. 101. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site shall be kept open and in a safe, drive -able condition throughout construction and in perpetuity after construction has been completed. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure. 102. WVSD (WEST VALLEY SANITATION DISTRICT): Sanitary Sewer Clean-out shall be installed for each property at the property line, or a location specified by the Town. 103. 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 Building Official. 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 in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 104. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more which are part of a larger common plan of development which disturbs less than 1 acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. The Applicant is required to provide proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering Division of the Parks and Public Works Department and /or Building Department upon request. 105. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders. 106. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment projects are subject to the Stormwater development runoff requirements. Every applicant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements in such a way that post- development flows meet or are 19 of 23 Resolution 2016 -025 May 3, 2016 below pre - development flows. 107. SITE DESIGN MEASURES: All projects shall incorporate the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use landscaping to treat stormwater. 108. LANDSCAPING: In finalizing the landscape plan for the biotreatment area, it is recommended that the landscape architect ensure that the characteristics of the selected plants are similar to those of the plants listed for use in bioretention areas in Appendix D of the SCVURPPP C.3 Stormwater Handbook. 109. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizingibuilding 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 SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of most current Santa Clara County NPDES MRP Permit. Monitoring for erosion and sediment control is required and shall be performed by the QSD or QSP as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and /or Numeric Effluent Levels. A Rain Event Action Plan is required when there is a 50% or greater forecast of rain within the 48 hours, by the National Weather Service or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http: / /www.srh.noaa.gov /forecast) and must accompany monitoring reports and sampling test data. A Rain gauge is required on site. The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. 110. 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 soils 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 shall 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 20 of 23 Resolution 2016 -025 May 3, 2016 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. 111. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 112. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled /signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. On -site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10' minimum from adjacent property line and /or right -of -way. 113. STORM WATER MANAGEMENT PLAN: A storm water management plan shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2- 2009 -074. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre - qualified by the Town. In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The Applicant may elect to have the Planning submittal certified to avoid this possibility. 114. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the storm water management plan: "The biotreatment soil mix used in all stormwater treatment landscapes shall comply with the specifications in Attachment L of the MRP. Proof of compliance shall be submitted by the contractor to the Town of Los Gatos 30 days prior to delivery of the material to the job site using the Biotreatment Soil Mix Supplier Certification Statement." 115. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment soils provider is required and shall be given to Engineering Division Inspection staff 30 days prior to delivery of the material to the job site. Additionally deliver tags from the soil mix shall also be provided to Engineering Division Inspection staff. Sample Certification can be found here: http:// www .scvurppp- w2k.com /nd_wp.shtml ?zoom highlight= BIOTREATMENT +SOIL 116. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS: The owners of the three properties shall enter into an agreement with the Town for maintenance of the stormwater treatment facilities required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement shall specify that certain routine maintenance shall be performed by the owners of the three properties and shall also specify facility maintenance reporting requirements. The agreement shall also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 117. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of contractor and 21 of 23 Resolution 2016 -025 May 3, 2016 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. 118. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised 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 an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. 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 an encroachment 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. 119. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The Applicant shall initiate a weekly neighborhood e-mail notification program to provide project status updates. The e-mail notices shall also be posted on a bulletin board placed in a prominent location along the project perimeter. 120. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued simultaneously. 121. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 122. FUTURE STUDIES: Any post project traffic or parking counts, or other studies imposed by Planning Commission or Town Council shall be funded by the Applicant. 123. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an agreement to construct public improvements in accordance with Town Code Section 24.40.020. The Applicant shall supply suitable securities for all public improvements that are part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and materials) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 124. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of the parcel map. 125. ABOVE GROUND UTILITIES: The Applicant shall submit a 75- percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off - street valve boxes, hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 126. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the parcel map. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 127. WILDLAND -URBAN INTERFACE: This project is located within the designated Wildland -Urban Interface Fire Area. The building construction shall comply with the 22 of 23 Resolution 2016 -025 May 3, 2016 provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. 128. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be installed in one- and two - family dwellings as follows: In all new one- and two - family dwellings and in existing one- and two - family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one -time addition to an existing building that does not total more than 1,000 square feet of building area. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by LGTC. 129. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI- 7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chapter 33. 130. ADDRESS IDENTIFICATION. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. CFC Sec. 505.1 131. FIRE DEPARTMENT ACCESS: The minimum clear width of fire department access roads shall be 20 feet. Modifications to the design or width of a fire access road, or additional access road(s) may be required when the fire code official determines that access to the site or a portion thereof may become compromised due to emergency operations or nearby natural or manmade hazards (flood prone areas, railway crossings, bridge failures, hazardous material- related incidents, etc. Refer to SCCFD SD &S A -1 and A -6, available on our web site www.sccfd.org in the Fire Resources and Services Section, Fire Prevention CFC Chapter 5. 132. FIRE LANE MARKING: Detailed plans showing the location of the lanes may be required. Fire apparatus access roads, driveways and access ways shall not be marked as fire lanes without first obtaining Fire Department approval. Fire lanes shall be identified by red curb marking, signage or roadway surface marking as specified in our SD &S A -6. CFC Chapter 5. 133. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that requires that the owners of the three properties be responsible for keeping the shared driveway signed, marked, free and clear for fire department access. The property owner of Lot 2 shall keep Lot 2's driveway apron signed, marked, free and clear for fire vehicle turnaround with the exception of the surface parking space. NADEV\CONDMONS\2016 \Union 15975- appeal.docx 23 of 23 Resolution 2016 -025 May 3, 2016