Attachment 21A-B
TOWN COUNCIL – September 19, 2017
REQUIRED FINDINGS & CONSIDERATIONS:
401-409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
Environmental Impact Report EIR-16-001
Requesting approval to demolish three existing office buildings and construct a new,
two-story office building with underground parking on property zoned CH. APN 529-
23-018.
APPLICANT: Shane Arters, LP Acquisitions, LLC
PROPERTY OWNER: CWA Realty
FINDINGS
Required finding for CEQA:
■ An Environmental Impact Report (EIR) was prepared for the proposed development. The
Planning Commission must certify the EIR, make findings of fact, and adopt the Mitigation
Monitoring and Reporting Program.
Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
The deciding body, on the basis of the evidence submitted at the hearing, may grant a
conditional use permit when specifically authorized by the provisions of the Town Code if it
finds that:
(1) The proposed use would be considered desirable in that the office buildings would
replace the existing office buildings on-site and provide necessary uses and services for
the community; and
(2) The proposed application will continue to provide office uses in one of the few small
mixed-use commercial areas of Town and the zone allows office; and
(3) The existing and proposed office use are not detrimental to public health, safety or
general welfare; and
(4) The proposed use is in harmony with the General Plan and Town Code.
Commercial Design Guidelines:
■ The proposed buildings are consistent with applicable provisions of the Commercial Design
Guidelines.
EXHIBIT A
Required finding for the demolition of an existing structure:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of an existing
structure:
1. The Town's housing stock will be maintained as the demolition does not include any
residential buildings.
2. The existing structures have no architectural or historical significance.
3. The property owner does not desire to maintain the structures as they exist.
4. The economic utility of the structures are diminished because of age.
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.
N:\DEV\FINDINGS\2017\ALBERTO401-409_EXHIBIT A.DOCX
TOWN COUNCIL – September 19, 2017
CONDITIONS OF APPROVAL
401-409 Alberto Way
Architecture and Site Application S-15-056
Conditional Use Permit Application U-15-009
Environmental Impact Report EIR-16-001
Requesting approval to demolish three existing office buildings and construct a new,
two-story office building with underground parking on property zoned CH. APN 529-
23-018.
APPLICANT: Shane Arters, LP Acquisitions, LLC
PROPERTY OWNER: CWA Realty
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. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department
must be obtained prior to any changes to existing signs or installation of new signs.
4. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los
Gatos Community Development Department must be obtained prior to commencement
of use.
5. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department
must be obtained prior to the commencement of any new or change of use.
6. LAPSE FOR DISCONTINUANCE: If the activity for which the Conditional Use Permit has
been granted is discontinued for a period of one (1) year, the approval lapses pursuant to
Section 29.20.340 of the Zoning Ordinance.
7. LEED CERTIFICATION: Prior to issuance of building permits and prior to final, the applicant
shall provide documents showing progress towards and completion of LEED Silver
certification.
8. 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.
9. 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.
EXHIBIT B
10. 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.
11. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, identified in the Arborist’s report dated
September 26, 2015, 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.
12. 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. Refer to tree fencing requirements and other
protection measures identified in the Arborist Reports prepared by Deborah Ellis dated
September 26, 2015, on file in the Community Development Department. Include a tree
protection plan with the construction plans.
13. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
14. 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.
15. LANDSCAPING: Prior to issuance of a Certificate of Occupancy all landscaped must be
complete.
16. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
17. 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.
18. AIR QUALITY 1: Final plans for the proposed buildings on the site shall be amended to
include a requirement for low NOX heating systems to be installed in new buildings on the
site.
19. AIR QUALITY 2: Final plans shall be amended to include a requirement for the installation
of at least four electric charging stations prior to occupancy, with parking restricted to
electric or plug-in hybrid vehicles, and at least one handicapped space shall be provided
with access to a charging station.
20. AIR QUALITY 3: The project contractor shall implement basic dust control measures at all
on-site and off-site locations where grading or excavation takes place. The project
contractor shall implement additional dust control measures at all on-site and off-site
locations where grading or excavation takes place within 200 feet of residential
properties.
Basic dust control measures:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited;
d. All vehicle speeds on unpaved roads shall be limited to 15 mph;
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used; and
f. The project contractor shall designate a "disturbance coordinator” responsible for
responding to any local complaints regarding dust complaints. The project contractor
will post a publicly visible sign with a contact telephone number for the disturbance
coordinator. The disturbance coordinator shall respond and take correction action for
any complaint received with 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
g. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed 20 mph;
h. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established; and
i. Unpaved roads shall be treated with a three to six inch compacted layer of wood chips,
mulch, or gravel.
21. BIOLOGY 1: If noise generation, ground disturbance, vegetation removal, or other
construction activities begin during the nesting bird season (February 1 to August 31), or if
construction activities are suspended for at least two weeks and recommence during the
nesting bird season, then the project developer shall retain a qualified biologist to conduct
a pre-construction survey for nesting birds. The survey shall be performed within suitable
nesting habitat areas on and adjacent to the site to ensure that no active nests would be
disturbed during project implementation. This survey shall be conducted no more than
two weeks prior to the initiation of disturbance/construction activities. A report
documenting survey results and plan for active bird nest avoidance (if needed) shall be
completed by the qualified biologist and submitted to the Town of Los Gatos for review
and approval prior to disturbance and/or construction activities.
If no active bird nests are detected during the survey, then project activities can proceed
as scheduled. However, if an active bird nest of a native species is detected during the
survey, then a plan for bird nest avoidance shall be prepared to determine and clearly
delineate an appropriately-sized, temporary protective buffer area around each active
nest, depending on the nesting bird species, existing site conditions, and type of proposed
disturbance and/or construction activities. The protective buffer area around an active
bird nest is typically 75-250 feet, determined at the discretion of the qualified biologist
and in compliance with applicable project permits.
To ensure that no inadvertent impacts to an active bird nest will occur, no disturbance
and/or construction activities shall occur within the protective buffer area(s) until the
juvenile birds have fledged (left the nest), and there is no evidence of a second attempt at
nesting, as determined by the qualified biologist.
22. CULTURAL RESOURCES 1: Prior to the issuance of a grading permit, the project’s grading
plan shall indicate the requirement for a qualified archaeologist to be present at all times
during grading and excavation activities on the project site. If archaeological resources are
uncovered, work will not continue until the resources have been removed and/or
recorded. The Planning Division of the Community Development Department shall be
responsible for ensuring the implementation of these mitigation measures. Costs shall be
the responsibility of the developer(s).
23. CULTURAL RESOURCES 2: If human remains are found during construction activities, no
further excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains shall occur until the archeological monitor and the
coroner of Santa Clara County are contacted. If it is determined that the remains are
Native American, the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided in Public
Resources Code section 5097.98. The landowner or his authorized representative shall
rebury the Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being notified by the commission; b) the
descendent identified fails to make a recommendation; or c) the landowner or his
authorized representative rejects the recommendation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide measures
acceptable to the landowner.
The Planning Division of the Community Development Department shall be responsible
for ensuring the implementation of these mitigation measures. Costs shall be the
responsibility of the developer(s).
24. GEOLOGY & SOILS 1: Prior to the approval of building permits for the project site, the
applicant shall be responsible for demonstrating to the approval of the Building Official
that proposed design plans are in conformance with all current California Building Code
standards and that all design measures and site preparation recommendations as
suggested in the project’s geotechnical exploration report prepared by ENGEO (2015)
have been incorporated into the project’s final design
25. HAZARDS AND HAZARDOUS MATERIALS 1: Prior to any demolition activities on the project
site, an asbestos and lead-based paint survey shall be performed to determine if any
additional waste removal activities would be required. The selected project contractor
shall implement all site specific measures and recommendations identified within the
site’s asbestos and lead-based survey. Compliance with the asbestos and lead-based paint
survey during site demolition activities shall be demonstrated to the satisfaction of the
Town Engineer.
26. TRANSPORTATION & TRAFFIC 1: Prior to the issuance of a building permit for construction
of the proposed project on the site, the applicant shall enter into a construction
agreement with the Town of Los Gatos to implement improvements for the restriping of
Alberto Way to include a dedicated right-turn lane and a shared left-through lane. Costs
for these improvements will be determined by the Town’s traffic consultant.
27. TRANSPORTATION & TRAFFIC 2: Prior to the issuance of a building permit for construction
of the proposed project on the site, the applicant shall enter into a construction
agreement with the Town of Los Gatos to provide a bike box on Alberto Way at the
intersection with Los Gatos-Saratoga Road, as well as the detached sidewalks with a
landscape buffer on Alberto Way along the project site frontage, and on the north side of
Los Gatos-Saratoga Road between Alberto Way and the State Route 17 northbound on-
ramp.
28. TRANSPORTATION & TRAFFIC 3: Off-site improvement plans shall show that parking on
southbound Alberto Way between the two project driveways shall be prohibited to
ensure sight distance is not obscured.
29. 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.
30. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
31. PERMITS REQUIRED: A separate Building Permit will be required for the two level Parking
Garage podium structure and a separate Building Permit shall be required for each
office/commercial building. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
32. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
second 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.
33. SIZE OF PLANS: Four sets of construction plans, size 24” x 36” minimum, 30” x 42”
maximum.
34. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
35. 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.
36. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications and
Bay Area Air Quality Management District Applications from the Building Department
Service Counter. Once the Demolition Forms have been completed, all signatures
obtained, and written verification from PG&E that all utilities have been disconnected,
return the completed Forms to the Building Department Service Counter with the Air
District’s J# Certificate(s), 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.
37. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) 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 conform to Cal/OSHA regulations.
38. 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 Walls
39. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed) onto a sheet of the plans.
40. 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.
41. FIRE ZONE: This project will require Class A Roof Assemblies.
42. 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, signed by all requested
parties, and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at
www.losgatosca.gov/building
43. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara
County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet
24x36) shall be part of the plan submittal as the second or third page. The specification
sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose
Blue Print for a fee.
44. NPDES-C.3 DATA FORMS: Copies of the NPDES C.3 Data Forms (updated based on the final
construction drawings) must be blue-lined in full onto the Plans. In the event that this
data differs significantly from any Planning approvals, the Town may require
recertification of the project’s storm water treatment facilities prior to release of the
Building Permit.
45. GREEN BUILDING STANDARDS: This project must, at a minimum, be in compliance with
the Nonresidential Mandatory Measures of the current California Green Building
Standards Code (CGBSC) and all subsequent Amendments.
a. Bicycle Parking: Per CGBSC Section 5.106.4.1.1 provide twenty (20) permanently
anchored bicycle racks (= 5% of motorized vehicle parking) for short-term bicycle
parking or ten (10) two-bike capacity racks. Per CGBSC Section 5.106.4.2 provide
secure bicycle lockers for twenty (20) bicycles (= 5% of motorized vehicle parking).
Note: Providing showers, changing rooms, and clothes lockers in each building is a
voluntary amenity to be considered.
b. Designated Parking: Per CGBSC Section 5.106.5.2 provide designated parking for any
combination of low-emitting, fuel-efficient, and carpool/van pool vehicles as shown in
Table 5.106.5.2 which equals 8% of the proposed parking or a minimum of 32 spaces.
c. Electric Vehicle Charging Stations: Per CGBSC Section 5.106.5.3, during construction
provide electric vehicle supply equipment and electrical components as listed to
facilitate the future installation of (or provide for during construction) electric vehicle
charging stations. Per CGBSC Table 5.106.5.3.3, 12 electric vehicle charging stations
spaces are required for this project or 3% of the total parking spaces.
46. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be
provided from public transportation stops, accessible parking and accessible passenger
loading zones and public streets or sidewalks to the accessible building entrance that they
serve. The accessible route shall, to the maximum extent feasible, coincide with the route
for the general public. At least one accessible route shall connect all accessible buildings,
facilities, elements and spaces that are on the same site. If access is provided for
pedestrians from a pedestrian tunnel or elevated walkway, entrances to the buildings
from each tunnel or walkway must be accessible.
47. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking is
provided for the public as clients, guests or employees, shall provide handicap accessible
parking. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking, accessible parking
spaces shall be dispersed and located closest to the accessible entrances.
48. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development/Planning Division: Jennifer Armer at (408) 399-5706
b. Engineering/Parks & Public Works Department: Mike Weisz at 395-5340
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Bay Area Air Quality Management District: (415) 771-6000
f. 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.
49. ADVISORY COMMENTS:
a. Allowable Area calculations shall be provided for each building per California Building
Code Chapter 5.
b. Per California Building Code Section 1027.5 Exit Discharge Access to a public way, from
the Shared Courtyard Amenity Area, it appears that there will be difficulty providing a
direct and unobstructed access to the public way or the ability to provide a safe
dispersal area in compliance with the Exception requirements.
c. For the balconies, the occupant load will be calculated at 15 square feet per occupant.
Please consider dividing the balconies with permanent railings to limit the balcony
areas to less than 750 square feet in order to avoid the requirement for two compliant
exits in anticipation of unknown future tenant improvement layouts.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
50. 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 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 Developer's expense.
51. 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.
52. 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 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.
53. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
the Town on a yearly basis. In addition to general coverage, the policy must cover all
elements encroaching into the Town’s right-of-way.
54. PUBLIC WORKS INSPECTIONS: The 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.
55. 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.
56. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
57. 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.
58. 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.
59. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any permits.
60. PUBLIC WORKS INSPECTOR: The Developer shall fund a full time public works inspector,
selected by the Town of Los Gatos, for the duration of the grading operations. The
Applicant will be charged on a time and materials basis. A deposit for the full amount, to
be estimated by the Town based on the Contractor’s approved schedule, shall be paid
prior to issuance of the demolition permit.
61. 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.
62. 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.
63. DRIVEWAY: The driveway conforms to existing pavement on Alberto Way shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
64. DRAINAGE STUDY: Prior to the issuance of any grading permits, a drainage study of the
project evidencing that the proposed drainage patterns will not overload the existing
storm drain facilities shall be submitted to and approved by the Town Engineer.
65. DRAINAGE IMPROVEMENT: 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 a recorded copy of any
required easements to the Town.
66. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
67. 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.
68. 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 as well prior to commencing any work, and that a copy of the
project conditions of approval will be posted on-site at all times during construction.
69. 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.
70. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any permits are issued:
a. Alberto Way: Right-of-way within Alberto Way for public street purposes as delineated
on the plans prepared by Kier & Wright shall be dedicated in fee.
b. Public Service Easement (PSE): Five (5) feet wide, along the Alberto Way frontage.
71. 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.
72. 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 geotechnical
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.
73. 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.
74. 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.
75. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design -level geotechnical/geological
investigation as prepared by the Applicant’s engineer(s), 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.
76. 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. A copy of the recorded agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department prior to the issuance of
any permit.
77. 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 homeowners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
78. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed and
approved prior to issuance of any permit.
79. WATER METER: The existing water meters, currently located within the Alberto Way right-
of-way, shall be relocated within the property in question, directly behind the public right-
of-way line. The Applicant shall repair and replace to existing Town standards any portion
of concrete flatwork within said right-of-way that is damaged during this activity.
80. 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. Alberto Way:
i. Install new curb, gutter, detached sidewalk with landscaped planting strip,
street lights, signing, striping, and storm drainage as directed by the Town
Engineer.
ii. Remove and replace the existing pavement section along the project frontage
with a traffic-appropriate engineered structural pavement section from
centerline to the lip of gutter on the project (west) side.
iii. Provide a 2-inch grind and overlay from centerline to the east side of the
street/lip of gutter.
iv. Provide two (2) travel lanes, an exclusive right-turn lane 210 feet in length and
a shared left-thru lane, and a bike lane exiting Alberto Way.
v. Provide a bike lane between the two travel lanes on southbound Alberto Way.
vi. Install a bike box on Alberto Way at the intersection with Los Gatos-Saratoga
Road.
vii. Install ADA-compliant curb ramps at the intersection of Alberto Way and Los
Gatos-Saratoga Road.
b. Los Gatos-Saratoga Road:
i. Install new curb, gutter, detached sidewalk with landscaped planting strip,
street lights, signing, striping, and storm drainage as directed by the Town
Engineer.
ii. Install ADA-compliant curb ramps for the pedestrian crosswalk on Los Gatos-
Saratoga Road at the SR-17 northbound on-ramp. Install high visibility
crosswalk stripes and pedestrian warning lights as approved by Caltrans.
iii. Provide a 2-inch grind and overlay from the median island to the new lip of
gutter along the project frontage.
iv. Widen the north side of Los Gatos-Saratoga Road and remove & replace the
existing median island along Los Gatos-Saratoga Road to provide for a future
bike lane and a left-turn pocket, 250 feet in length, for eastbound Los-Gatos
Saratoga Road traffic turning onto northbound Alberto Way.
v. Provide pedestrian crosswalk improvements crossing the California State Route
17 northbound on-ramp, such as high-visibility crosswalk stripes, rectangular
rapid flashing beacons, a yield line and/or appropriate signage, etc. as
approved by Caltrans and the Town Engineer.
81. GREEN INFRASTRUCTURE MEASURES: Projects which propose work within the Town’s
right-of-way, including but not limited to pavement restoration, street widening,
construction of curb, gutter and/or sidewalk, right-of-way dedication, etc., will be
evaluated by Staff to determine its potential for the implementation of Green
Infrastructure measures and associated improvements.
82. 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 approach(es), curb ramp(s), traffic signal(s),
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.
83. 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.
84. ON-STREET PARKING: On-street parking along the project’s Alberto Way frontage shall be
prohibited after the construction and installation of public improvements. Additionally,
new red curb shall be painted along the eastern curb of Alberto Way (northbound
direction) at the Best Western frontage.
85. UNDERGROUND PARKING GARAGE DRAINAGE: Water from the underground parking
garage shall not be discharged onto the public street. The Applicant shall design a floor
drainage system for the garage that collects all drainage and conveys runoff to the
sanitary sewer system. Connecting said drainage system to the storm drain system is not
permitted.
86. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain
stormwater runoff to vegetated drainage swales, filter strips, and/or other treatment
devices that can be integrated into required landscaping areas and traffic islands prior to
discharge into the storm drain system and/or public right-of-way. The amount of
impervious area associated with parking lots shall be minimized by utilizing design
features such as providing compact car spaces, reducing stall dimensions, incorporating
efficient parking lanes, and using pervious pavement where feasible. The use of
permeable paving for parking surfaces is encouraged to reduce runoff from the site. Such
paving shall meet Santa Clara County Fire Department requirements and be structurally
appropriate for the location.
87. 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 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.
88. 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 infrastructure 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.
89. CURB AND GUTTER REPAIR: 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 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.
90. DRIVEWAY APPROACH: The Developer shall install two (2) Town standard commercial
driveway approaches. The new driveway approaches shall be constructed per Town
Standard Plans and must be completed and accepted by the Town before a Certificate o f
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.
91. CURB RAMPS: The Developer shall construct one (1) curb ramp 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.
92. CALTRANS APPROVAL: The Developer shall be responsible for obtaining design approval(s)
and construction encroachment permit(s) from Caltrans for any improvements within the
Caltrans right-of-way.
93. 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.
94. FRONTAGE IMPROVEMENTS (SIGNALIZED INTERSECTION): The Applicant shall upgrade
existing traffic signals to current Town standards including, and may not be limited to:
a. LED vehicular and pedestrian signal indication
b. LED safety and intersection lighting
c. ADA-compliant pedestrian push buttons
d. 12” signal heads
e. Emtrac fire preemption device
f. Service pedestal
g. New service pedestal at intersection (remove the existing service pedestal at the
south end of the Best Western and install new conduit from the existing service to the
new service pedestal)
h. Video detection system and cameras
i. Signal controller
j. Traffic signal interconnect
The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
95. FRONTAGE IMPROVEMENTS (STREET LIGHTS): The Applicant shall replace existing street
light poles with new street light poles and LED light fixtures. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
96. TRAFFIC IMPROVEMENTS (LOS GATOS-SARATOGA ROAD/ALBERTO WAY INTERSECTION
IMPROVEMENT): Extend the left turn lane in eastbound Los Gatos-Saratoga Road to 250
feet in length. Re-construct the median island and necessary roadway configuration to
accommodate the extended left turn lane and to provide for future bike lane. Plans shall
be prepared by developer’s design consultants and submitted to Town Engineer for
approval prior to construction. 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.
97. TRAFFIC IMPROVEMENTS (SIGNAL INTERCONNECT FROM ALBERTO WAY TO LOS GATOS
BOULEVARD): Install signal interconnect conduit from Alberto Way to the existing empty
conduit approximately 300 feet east of Alberto Way. Repair said existing empty conduit if
necessary and as directed by the Town Engineer. Install conduits at Los Gatos
Boulevard/Los Gatos-Saratoga Road as needed for entering existing controller cabinet.
Install new signal interconnect cable in the new and existing conduits from Alberto
Way/Los Gatos-Saratoga Road to the existing signal controller cabinet at Los Gatos
Boulevard/Los Gatos-Saratoga Road. Install necessary communication equipment inside
existing controller cabinets at Alberto Way/Los Gatos-Saratoga Road and Los Gatos
Boulevard/Los Gatos-Saratoga Road for transmitting controller data and live video. Install
necessary signal interconnect equipment to complete functional signal communication.
98. THIRD PARTY STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Developer shall
pay a fee in the amount of $3,000.00 for Town’s inspection of street lights and traffic
signal-related work installed by the Developer. The fees shall be due at time of building
permit application.
99. TRANSPORTATION MANAGEMENT PLAN (TDM): The Developer shall prepare a
Transportation Demand Management Plan for the Town of Los Gatos approval prior to
the issuance of a building permit. The TDM shall include the measures such as and not
limited to bicycle facility provisions, shower facilities, transit passes and subsidies, carpool
incentive, designated car share parking, shower and changing rooms, cash incentives,
transit passes and subsidies, carpool incentives, reserved car share parking, guaranteed
ride-home, etc., an annual monitoring report, and other measures that may be required
by the Town Engineer. The TDM shall also include a TDM coordinator and identify the
requirement and targets for an annual TDM effectiveness report to the Town of Los
Gatos.
100. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s traffic impact policy.
101. 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 using the current fee
schedule is estimated at $526,768.00. The final fee with credits for complete street
improvements along Los Gatos-Saratoga Road shall be calculated from the final plans
using the rate schedule in effect immediately prior to building permit issuance.
102. 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.
103. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public (Town) streets
without written approval from the Town Engineer.
104. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved prior to 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.
105. CALTRANS APPROVAL OF TRAFFIC CONTOL PLANS: The Developer shall be responsible for
submitting the proposed traffic control plans to Caltrans for approval for any work within
the Caltrans right-of-way or that may affect traffic on Los Gatos-Saratoga Road (California
State Route 9).
106. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to beginning of any work.
107. 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.
108. 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 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.
109. 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 shall provide written
notice twenty-four (24) hours in advance of modified construction hours. Approval of this
request is at discretion of the Town.
110. 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.
111. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan sheet (full-size) within the plan
set 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 location(s). Please refer to the Town’s Construction Management Plan
Guidelines document for additional information.
112. CALTRANS: Prior to the start of any work along or within Caltrans rights-of-way and/or
easement, the Developer shall obtain necessary encroachment permits for the proposed
work. A copy of approved encroachment permit is required to be submitted to the
Engineering Division of the Parks and Public Works Department prior to permit issuance.
113. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. A Sanitary Sewer Clean-out is required for each property at the property line, or
at a location specified by the Town.
114. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more
which are part of a larger common plan of development which disturbs less than one (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.
115. 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.
116. 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.
117. 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 permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
118. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), 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 Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Stormwater Handbook.
119. 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 (1) acre. 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 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 National Pollutant
Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Monitoring for
erosion and sediment control is required and shall be performed by the Qualified SWPPP
Developer (QSD) or Qualified SWPPP Practitioner (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 (REAP) must be developed
forty-eight (48) hours prior to any likely precipitation even, defined by a fifty (50) percent
or greater probability as determined by the National Oceanic and Atmospheric
Administration (NOAA), and/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) which 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.
120. 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.
121. 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.
122. 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.
123. STORMWATER DISCHARGE: New buildings shall provide a covered or enclosed area for
dumpsters and recycling containers. The area shall be designed to prevent water run-on
to the area and runoff from the area. Areas around trash enclosures and recycling areas
shall not discharge directly to the storm drain system. Any drains installed in or beneath
dumpsters and compactors shall be connected to the sanitary sewer. The Applicant shall
contact the local permitting authority and/or sanitary district with jurisdiction for specific
connection and discharge requirements.
124. WATER FEATURES: The proposed fountain feature 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 feature shall be directed to the sanitary
sewer and are not allowed into the storm drain system.
125. 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.
126. STORM WATER MANAGEMENT PLAN: A storm water management 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-
2015-0049, NPDES Permit No. CAS612008. The plan shall delineate source control
measures and BMPs together with the sizing calculations. The plan shall be certified by a
professional pre-qualified by the Town. In the event that the 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.
127. 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 a
minimum of thirty (30) days prior to delivery of the material to the job site using the
Biotreatment Soil Mix Supplier Certification Statement.”
128. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment
soils provider is required and shall be given to Engineering Division Inspection staff a
minimum of thirty (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:
129. http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL.
130. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner shall enter into an agreement with the
Town for maintenance of the stormwater filtration devices required to be installed on this
project by the Town’s Stormwater Discharge Permit and all current amendments or
modifications. The agreement shall specify that certain routine maintenance shall be
performed by the property owner and shall specify device maintenance reporting
requirements. The agreement shall also specify routine inspection requirements, permits
and payment of fees. The agreement shall be recorded, and a copy of the recorded
agreement shall be submitted to the Engineering Division of the Parks and Public Works
Department, prior to the release of any occupancy permits.
131. 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.
132. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and provided
with area drains connected to the sanitary sewer per current NPDES requirements before
a Certificate of Occupancy for any new building can be issued. Temporary trash
enclosures are exempt from this condition. Connecting said drainage system to the storm
drain system is not permitted.
133. 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 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.
134. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Immediately upon approval of
any permit, the Applicant shall initiate a weekly neighborhood email notification program
to provide project status updates. The email notices shall also be posted on a bulletin
board placed in a prominent location along the project perimeter.
135. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
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