Attachment 09
ATTACHMENT 9
RESOLUTION 2017- ____
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE ON
VACANT PROPERTY ZONED HR-2½
APN: 527-09-006
ARCHITECTURE AND SITE APPLICATION: S-16-044
PROPERTY LOCATION: 15680 GUM TREE LANE
PROPERTY OWNER: S&S DEVELOPMENT
APPELLANTS: DAVID WEISSMAN AND LEE QUINTANA
‘
WHEREAS, on January 11, 2017, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence on vacant property zoned HR-
2½. The Planning Commission approved the Architecture and Site applications.
WHEREAS, on January 19, 2017, Dave Weissman filed an appeal of the decision of the
Planning Commission approving a request to construct a new single-family residence on vacant
property.
WHEREAS, on January 23, 2017, Lee Quintana filed an additional appeal of the decision
of the Planning Commission approving a request to construct a new single-family residence on
vacant property.
WHEREAS, this matter came before the Town Council for public hearing on March 7,
2017, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to testify or submit documents. The 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
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 10
their meeting on March 7, 2017, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following cannot be found, in accordance with Town Code
Section 29.20.300:
1. Where 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 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 approving a request to
construct a new single-family residence on vacant property zoned HR-2½ is denied and
Architecture and Site application S-16-044 is approved.
2. The Town Council hereby adopts all findings, considerations, and conditions of
approval set forth in the documents attached as Exhibits A and B and the development plans
received November 30, 2016.
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 shorter time as required by state and federal Law.
ATTACHMENT 10
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of March, 2017, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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TOWN COUNCIL – March 7, 2017
REQUIRED FINDINGS & CONSIDERATIONS FOR:
15680 Gum Tree Lane
Architecture and Site Application S-16-044
Requesting approval to construct a new single-family residence on vacant property
zoned HR-2½. APN 527-09-006.
PROPERTY OWNER: S&S Development, LLC
APPLICANT: Gary Kohlsaat, & Associates
FINDINGS
Required findings 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.
Compliance with Hillside Development Standards and Guidelines (HDS&G):
■ The project requests an exception to the HDS&G maximum allowed three foot fill depth
which is supported by the proposal to remove the former driveway that cuts through
the property, and restoring the area to a more natural topography.
■ As required by the HDS&G that other than the exceptions to the maximum allowed fill
height, the project complies with the HDS&G.
Compliance with Hillside Specific Plan
■ The project is in compliance with the Hillside Specific Plan in that it is a single -family
residence being developed on an existing parcel. The proposed development is
consistent with the development criteria included in the Specific Plan.
CONSIDERATIONS:
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
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TOWN COUNCIL– March 7, 2017
CONDITIONS OF APPROVAL
15680 Gum Tree Lane
Architecture and Site Application S-16-044
Requesting approval to construct a new single-family residence on property zoned
HR-2½. APN 527-09-006.
PROPERTY OWNER: S+S Development, LLC
APPLICANT: Gary Kohlsaat, & Associates
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: 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.
4. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report dated as received July 1, 2016 for the
project, on file in the Community Development Department. These recommendations
must be incorporated in the building permit plans, and completed prior to issuance of a
building permit where applicable.
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. LANDSCAPE: The final landscaping plan shall comply with the Hillside Development
Standards and Guidelines criteria for planting. Ornamental landscaping shall not be
located more than 30 feet (Zone 1) from the primary residence. Plant materials outside of
Zone 1 shall be native plant species.
7. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of the ten trees
previously removed and the trees currently proposed to be 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 that is
native to the Hillsides. New trees shall be double staked with rubber ties and shall be
planted prior to final inspection and issuance of occupancy permits.
8. 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.
EXHIBIT B
ATTACHMENT 10
9. TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
11. WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. 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.
12. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
13. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside
Development Standards & Guidelines.
14. CROW’S NEST LIGHTING: The exterior and interior lighting for the Crow’s Nest shall have
occupancy sensors.
15. 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 all
exterior materials be maintained in conformance with the Town’s Hillside Development
Standards & Guidelines.
16. 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.
17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Building Division
18. PERMITS REQUIRED: A Building Permit shall be requited for the construction of the new
single-family residence with cellar and attached garage. A separate Building Permit for the
Swimming Pool and a separate Building Permit for Site Retaining Walls not connected to
the residence. Separate permits are required for electrical, mechanical, and 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: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
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21. 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.
22. 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.
23. 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
24. 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.
25. 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.
26. 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.
27. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
appliance or gas appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10
feet of chimneys.
28. HAZARDOUS FIRE ZONE: This project will require Class A Roof Assemblies.
29. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R327 of the 2013 California Public Resources
Code 4291 and California Government Code Section 51182.
ATTACHMENT 10
30. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California
licensed Landscape Architect in conformance with California Public Resources Code 4291
and California Government Code Section 51182.
31. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed La ndscape
Architect certifying the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code Section
51182.
32. 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.
33. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (24”x36”) 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.
34. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: Azhar Khan (408) 354-6806
b. Engineering/Parks & Public Works Department: 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.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
35. 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.
36. 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
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
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37. 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 (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.
38. PUBLIC WORKS INSPECTIONS: The Developer or their representative shall notify th e
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 we nt on without
inspection.
39. 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.
40. 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.
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 the issuance
of any permits or recordation of the Parcel / Final Map.
43. 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 Town Code (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.
ATTACHMENT 10
44. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be
conducted for the project to determine the surface and sub-surface conditions at the site
and to determine the potential for surface fault rupture on the site. The geot echnical
study shall provide recommendations for site grading as well as the design of foundations,
retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility
trenching and pavement sections. All recommendations of the investigation shall be
incorporated into project plans.
45. SOILS REVIEW: Prior to issuance of any permits, 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.
46. 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 co nstruction
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.
47. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Updated Geologic and Geotechnical Study by Upp
Geotechnology, dated September 30, 2016, 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.
48. 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 alignmen ts
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.
49. 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 final traffic impact mitigation fee for this project shall be calculated
from the final plans using the current fee schedule and rate schedule in effect at the time
the building permit is issued, using a comparison between the existing and proposed uses.
50. QUITCLAIM OF EASEMENTS: Applicant has indicated that two easements in favor of Pacific
Gas and Electric Company (Instrument No. 5374284 and Instrument No. 5837826) will be
abandoned. This abandonment shall be recorded, and a copy of the recorded quitclaim
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shall be submitted to the Engineering Division of the Parks and Public Works Department,
prior to issuance of building permit.
51. 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.
52. 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 of 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.
53. 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.
54. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the Applicant
shall submit a construction management plan that shall incorporate a t a minimum the
employee parking, materials storage area, concrete washout, and proposed outhouse
locations.
55. SITE DESIGN MEASURES: All projects shall incorporate one or more 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 permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
56. 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 sha ll 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)
ATTACHMENT 10
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.
57. 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 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.
58. 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 a minimum of ten (10) feet from the adjacent property line
and/or right-of-way. No improvements shall obstruct or divert runoff to the detriment of
an adjacent, downstream or down slope property.
59. 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 penalties and/or the Town
performing the required maintenance at the Developer's expense.
60. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any permits, the project
applicant shall complete a pavement condition survey documenting the extent of existing
pavement defects using a 35-mm, smartphone video (in Landscape orientation only) or
digital video camera. The survey shall extend the length of Gum Tree Lane from its
beginning at the intersection of Drysdale Drive to the southern property line of the site in
question. In addition, a pavement deflection analysis conforming to the same limits as the
photographic survey shall be performed to determine pavement strength. The results
shall be documented in a report and submitted to the Town for review.
61. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant shall complete a
pavement condition survey and pavement deflection analysis for the length of Gum Tree
Lane from its beginning at the intersection of Drysdale Drive to the southern property line
of the site in question to determine whether road damage occurred as a result of project
construction and whether there were changes in pavement strength. Rehabilitation
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improvements required to restore the pavement to pre-construction condition and
strength shall be determined using State of California 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 b e issued. The
Applicant shall be responsible for completing any required road repairs.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
62. FIRE SPRINKLERS: 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. Note: Covered porches, patios,
balconies, and attic spaces may require fire sprinkler coverage. 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
63. 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
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
64. TIMING OF REQUIRED WATER SUPPLY AND ACCESS INSTALLATION: Installations of
required fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit issuance may be withheld until required installations are completed,
tested, and accepted. CFC Sec. 501
65. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicabl e
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
Chp 33.
66. ADDRESS INDENTIFICATION: 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 the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
ATTACHMENT 10
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 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. Address numbers shall be maintained. CFC Sec. 505.1.
N:\SHARE\COUNCIL REPORTS\2017\03-07-17\Gum Tree Ln 15680\Attachment 9 - Draft Resolution to Deny Appeal and Approve Project
[Includes A&B].docx