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2018-042 - Granting Appeal 5921 Rochin TerraceRESOLUTION 2018 -042 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST FOR DEMOLITION OF AN EXISTING SINGLE - FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE- FAMILY RESIDENCE ON PROPERTY ZONED R -1:8. APN 523 -25 -009. ARCHITECTURE AND SITE APPLICATION: S -18 -002 PROPERTY LOCATION: 15921 ROCHIN TERRACE APPELLANT: PATRICK HANCIR. PROPERTY OWNERS: PATRICK HANCIR AND MONICA ZAUCHA. APPLICANT: DAVIDE GIANNELLA, ACADIA ARCHITECTURE. WHEREAS, on July 25, 2018, the Planning Commission held a public hearing and considered a request for demolition of an existing single - family residence and construction of a new single - family residence on property zoned R -1:8. The Planning Commission denied the Architecture and Site application. WHEREAS, on August 3, 2018, Patrick Hancir filed an appeal of the decision of the Planning Commission denying the request for demolition of an existing single - family residence and construction of a new single - family residence on property zoned R -1:8. WHEREAS, this matter came before the Town Council for public hearing on September 4, 2018, and was regularly noticed in conformance with State and Town law. WHEREAS, the 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 1of15 Resolution 2018 -042 September 4, 2018 their meeting on September 4, 2018, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, the Town Council finds as follows: A. In accordance with Town Code section 29.20.300: 1. There was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Planning Commission did not have discretion to modify or address, but which is vested in the Town Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request for demolition of an existing single - family residence and construction of a new single - family residence on property zoned R -1:8 is granted and Architecture and Site Application 5 -18 -002 is approved. 2. The Town Council hereby adopts all findings and considerations, and conditions of approval set forth in the documents attached as Exhibits A and B; and the development plans included as Attachment 10 to the Town Council Staff Report for the September 4, 2018 meeting. 3. 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 2of15 Resolution 2018 -042 September 4, 2018 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, held on the 4th day of September, 2018, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Mayor Rob Rennie NAYS: Barbara Spector ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: I /a-v ATTEST: J CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA o DATE: D a0I D 3of15 Resolution 2018 -042 September 4, 2018 TOWN COUNCIL — September 4, 2018 REQUIRED FINDINGS & CONSIDERATIONS FOR: 15921 Rochin Terrace Architecture and Site Application 5 -18 -002 Requesting approval for demolition of an existing single - family residence and construction of a new single - family residence on a property zoned R -1:8. APN 523 -25 -009. PROPERTY OWNER: Patrick Hancir and Monica Zaucha APPLICANT: Davide Giannella, Acadia Architecture FINDINGS Required finding for CECIA: ■ 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. 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 existing structures: 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 not 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. 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. EXHIBIT A 4 of 15 Resolution 2018 -042 September 4, 2018 TOWN COUNCIL - September 4, 2018 CONDITIONS OF APPROVAL 15921 Rochin Terrace Architecture and Site Application S -18 -002 Requesting approval for demolition of an existing single - family residence and construction of a new single- family residence on a property zoned R -1:8. APN 523 -25 -009. PROPERTY OWNER: Patrick Hancir and Monica Zaucha APPLICANT: Davide Giannella, Acadia Architecture 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 and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and /or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. OUTDOOR LIGHTING: Outdoor lights must be shielded and directed to shine on improvements on the propertied and not directly on other property or any public right -of- way. Shoestring lighting is not permitted. 4. 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. 5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan and must remain on the site. 6. TREE STAKING: All newly planted trees shall be double- staked using rubber tree ties. 7. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 8. TREE PROTECTION: Protective tree fencing, and other protection measures shall be placed at the drip line of existing trees prior to issuance of building permits and shall remain through all phases of construction per Town Code requirements. Include a tree protection plan with the construction plans. 9. TREE REPLACEMENT: All approved tree replacement shall meet the requirements of Section 29.10.0985 of the Town Code. 10 211.3 Iii: 5of15 Resolution 2018 -042 September 4, 2018 10. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of a building permit. 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. A completed WELD Certificate of Completion is required prior to final inspection /certificate of occupancy. 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. 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. 14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. Building Division 15. PERMITS REQUIRED: An individual Building permit is required for each of the following: a. Demolition of existing single - family residence and attached garage. b. Construction of a new single - family residence and attached garage. c. Construction of anew swimming pool or spa. d. Construction of a new retaining wall supporting a surcharge. 16. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California Code of Regulations Title 24, Parts 1 -12. 17. 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. 18. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24" x 36 ", maximum size 30" x 42 ". 19. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department 6of15 Resolution 2018 -042 September 4, 2018 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 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. 20. 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. 21. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth or which remove lateral support from any existing building, adjacent property, or the public right -of -way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal /OSHA regulations. 22. 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 elevations 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 wall(s) locations and elevations 23. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue -lined (sticky- backed), i.e. directly printed, onto a plan sheet. 24. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed with adaptability features for single - family residences per Town Resolution 1994 -61: a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs, located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars if needed in the future. b. All passage doors shall be at least 32 -inch doors on the accessible floor level. c. The primary entrance door shall be a 36- inch -wide door including a 5'x 5' level landing, no more than 1 inch out of plane with the immediate interior floor level and with an 18 -inch clearance at interior strike edge. d. A door buzzer, bell or chime shall be hard wired at primary entrance. 25. 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 valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole. 7 of 15 Resolution 2018 -042 September 4, 2018 26. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 27. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies. 28. 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. 29. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) 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. 30. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: (408) 354 -6874 b. Engineering /Parks & Public Works Department: (408) 399 -5771 c. Santa Clara County Fire Department: (408) 378 -4010 d. West Valley Sanitation District: (408) 378 -2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 31. 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 mud, silt, concrete, dirt and other construction 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 by the Engineering Division of the Parks and Public Works Department. The Owner, Applicant and /or 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 issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner, Applicant and /or Developer's expense. 32. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the latest reviewed and 8of15 Resolution 2018 -042 September 4, 2018 approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 33. 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 Owner /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 (Caltrans). 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. 34. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town's right -of -way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the Santa Clara County Office of the Clerk- Recorder, prior to the issuance of any permits. Please note that this process may take approximately six to eight (6 -8) weeks. 35. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and /or Developer or their 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 penalties and rejection of work that went on without inspection. 36. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and /or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and /or Developer or their representative'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 Owner, Applicant and /or Developer or their representative shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 37. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 38. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and /or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 9of15 Resolution 2018 -042 September 4, 2018 39. 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. 40. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any permits. 41. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner, Applicant and /or Developer's project engineer shall notify, in writing, the Town Engineer at least seventy -two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 42. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 43. 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. Additionally, any post - project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Applicant. 44. GRADING PERMIT: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (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(s), 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 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. 45. ILLEGAL GRADING: Per the Town's Comprehensive Fee Schedule, applications for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading proposed will be charged accordingly. 46. DRIVEWAY: The driveway conform to existing pavement on Rochin Terrace shall be constructed in a manner such that the existing drainage patterns will not be obstructed. 47. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a grading permit /building permit. 48. 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. 49. SANITARY SEWER CLEANOUT: The existing sanitary sewer cleanout, currently located within the right -of -way, shall be relocated within the property in question, directly behind the public right -of -way line. The Owner, Applicant and /or Developer shall repair and replace to existing Town standards any portion of concrete flatwork within said right -of- way that is damaged during this activity. 10 of 15 Resolution 2018 -042 September 4, 2018 50. UTILITIES: The Owner, Applicant and /or 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 Owner, Applicant and /or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 51. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. 52. CURB AND GUTTER REPAIR: The Owner, Applicant and /or 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 infrastructure 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. 53. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall comply with Town Code Section §23.10.080. 54. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080, 26.10.065, and 29.40.030. 55. FENCES: Fences between all adjacent parcels will need to be located on the property lines /boundary lines. Any existing fences that encroach into the neighbor's property will need to 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. 56. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right - of -way will only be allowed if it does not cause access or safety problems as determined by the Town. 57. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency services shall be made regarding parking restriction, lane closure or road closure, with specification of dates and hours of operation. 58. 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.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a building permit, the Owner, Applicant and /or Developer or their representative 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 11 of 15 Resolution 2018 -042 September 4, 2018 periods when soil is hauled on or off of the project site. This may include, but is not limited to provisions for the Owner, Applicant and /or Developer 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. 59. 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. 60. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the Owner, Applicant and /or Developer's design consultant shall submit a construction management plan sheet (full -size) within the plan set that shall incorporate at a minimum the Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town's Construction Management Plan Guidelines document for additional information. 61. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and /or Developer 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. 62. SITE DESIGN MEASURES: All projects shall incorporate at least one of 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 porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 63. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful discharges to storm drains include, but are not limited to: discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or vehicle cleaning. 64. 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 maximum of two (2) 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 12 of 15 Resolution 2018 -042 September 4, 2018 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 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. 65. 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 (3) 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 (1) 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 twenty -five (25) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered. 66. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble -ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation. 67. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASOA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, 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. 68. WATER FEATURES: New swimming pools, hot tubs, spas and /or fountains shall have a connection to the sanitary sewer system, subject to West Valley Sanitation District's authority and standards, to facilitate draining events. Discharges from this /these feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain system. 69. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 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 13 of 15 Resolution 2018 -042 September 4, 2018 include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property. 70. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of Contractor and homeowner 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. 71. 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 Owner, Applicant and /or 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 penalties and /or the Town performing the required maintenance at the Developer's expense. 72. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 73. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits. 74. AUTOMATIC FIRE SPRINKLER SYSTEM 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 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 license (C -16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to the Santa Clara County Fire Department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by LGTC. 75. WATER SUPPLY REQUIREMENTS. Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection systems, and /or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of 14 of 15 Resolution 2018 -042 September 4, 2018 the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by the Santa Clara County Fire Department until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 76. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke with of 0.5 inch (12.7mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 77. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and Santa Clara County Fire Department Standard Detail and Specification S1 -7. Provide notations on subsequent plan submittals, as appropriate to the project. CFC Ch. 33. 15 of 15 Resolution 2018 -042 September 4, 2018