Attachment 03PREPARED BY: JENNIFER ARMER
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 08/09/2017
ITEM NO: 2
DATE: AUGUST 4, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PLANNED DEVELOPMENT APPLICATION PD-14-002 AND MITIGATED
NEGATIVE DECLARATION ND-16-002. PROJECT LOCATION: 105 NEWELL
AVENUE. PROPERTY OWNER: TANGO PAPPA. APPLICANT: CAMARGO &
ASSOCIATES ARCHITECTS.
REQUESTING APPROVAL OF A PLANNED DEVELOPMENT TO REZONE A
PROPERTY FROM R-1:12 TO R-1:12:PD AND ALLOW DEMOLITION OF AN
EXISTING BUILDING, A FOUR LOT SUBDIVIVISION, AND CONSTRUCTION OF
FOUR SINGLE-FAMILY RESIDENCES ON PROPERTY ZONED R-1:12. APN
409-24-026.
REMARKS:
The Planning Commission considered the applications on September 14, 2016. The applications
were continued to a date uncertain to allow the applicant time to address staff’s previous
technical comments and concerns.
The applicant submitted revised development plans in March and then again in May of 2017 in
response to staff comments.
A. Planned Development
The revised development plans are updated in order to more fully respond to staff
comments and concerns. The proposed rezoning is still proposing to:
Demolish the existing commercial building;
Subdivide one lot into four lots;
Establish an easement for a private street;
Construct four new single-family residences; and
Construct associated site improvements and landscaping.
ATTACHMENT 3
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The applicant has reduced the number of exceptions requested, but the current proposal
would still require the following exceptions:
Floor area calculation modified as described in Section C, below;
Cut and fill depth exceeding the maximum allowed by the Hillside Development
Standards & Guidelines for lots with greater than 10 percent slope; and
Retaining walls running in a straight continuous direction for more than 50 feet
without a break, offset, or planting pocket.
B. Neighborhood Compatibility
The applicant has reduced the proposed house sizes as shown in the following table:
House Size Comparison
Previous Proposal Current Proposal
Lot 1
House
Garage
Total
4,396 sq. ft.
615 sq. ft.
5,011 sq. ft.
3,592 sq. ft.
751 sq. ft.
4,343 sq. ft.
Lot 2
House
Garage
Total
3,842 sq. ft.
695 sq. ft.
4,537 sq. ft.
3,758 sq. ft.
687 sq. ft.
4,445 sq. ft.
Lot 3
House
Garage
Total
4,199 sq. ft.
664 sq. ft.
4,863 sq. ft.
3,478 sq. ft.
753 sq. ft.
4,231 sq. ft.
Lot 4
House
Garage
Total
4,197 sq. ft.
680 sq. ft.
4,877 sq. ft.
3,218 sq. ft.
710 sq. ft.
3,928 sq. ft.
Total
Houses
Garages
Total
16,634 sq. ft.
2,654 sq. ft.
19,288 sq. ft.
14,046 sq. ft.
2,901 sq. ft.
16,947 sq. ft.
As noted in the September 14, 2016, Staff Report the residences in the immediate
neighborhood range in size from 1,809 square feet to 2,523 square feet. With proposed
square footage between 3,218 and 3,758 square feet, the residences would still be the
largest homes in the immediate neighborhood. Because the proposed project is for the
construction of four new homes on a new private road, the neighborhood context
evaluated by staff includes adjacent homes beyond the project site on Newell Avenue;
rather than just the homes in the immediate neighborhood, as might be evaluated if this
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was one new home on an established private road; or the larger residential area, as
proposed by the applicant.
C. Floor Area
The maximum allowed floor area on lots with slopes of 10 percent or greater is based on a
net lot area reduced based on the following table:
Average Slope Percent of net lot area to be deducted
10.01 - 20% 10% plus 2% for each 1% of slope over 10%
20.01 - 30% 30% plus 3% for each 1% of slope over 20%
Over 30% 60%
Average lot slope and resulting slope reduction would be calculated individually for each
of the proposed lots. Based on this calculation the maximum allowed floor area for each
lot would be:
Lot 1 Lot 2 Lot 3 Lot 4 Total
Gross Lot Area 16,189 16,287 14,472 13,115 60,063
Average Slope 20.55% 7.57% 10.52% 20.47%
Slope Reduction 31.65% 0.00% 11.04% 31.41%
Net Lot Area 11,065 16,287 12,874 8,996
House:
Net Lot Area
Maximum FAR 0.30 0.26 0.29 0.32
Net Lot Area
Maximum Floor Area 3,336 4,230 3,695 2,861 14,122
Proposed Floor Area 3,592 3,758 3,478 3,218 14,046
Garage:
Net Lot Area
Maximum FAR 0.08 0.07 0.08 0.09
Net Lot Area
Maximum Floor Area 919 1,114 1,004 799 3,835
Proposed Floor Area 751 687 753 710 2,901
The applicant is proposing a modification to the standard calculation in their Revised
Justification Letter (Exhibit 16). They propose that the lot reduction for each individual
new lot be based on the average slope of the entire lot, rather than the average slope of
individual lots. Their justification is that the standard calculation would result in a
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significant range in maximum floor areas between the four proposed lots (2,861 to 4,230
square feet) which would make compatibility difficult. As shown in the table below their
proposed method would mean a uniform reduction in lot size by 18.82 percent and
maximum house floor areas that range from 3,245 to 3,758 square feet. With the
proposed calculation the total floor area allowed (house and garage) across the four lots
increases by 150 square feet over the standard method.
Lot 1 Lot 2 Lot 3 Lot 4 Total
Gross Lot Area 16,189 16,287 14,472 13,115 60,063
Average Slope 14.41%
Slope Reduction 18.82%
Proposed Net Lot Area 13,142 13,222 11,748 10,647 48,759
House:
Proposed Net Lot Area
Maximum FAR 0.28 0.28 0.30 0.30
Proposed Net Lot Area
Maximum Floor Area 3,744 3,758 3,478 3,245 14,225
Proposed Floor Area 3,592 3,758 3,478 3,218 14,046
Garage:
Proposed Net Lot Area
Maximum FAR 0.08 0.08 0.08 0.08
Proposed Net Lot Area
Maximum Floor Area 1,015 1,018 953 896 3,882
Proposed Floor Area 751 687 753 710 2,901
Staff has included Performance Standard 5 in the draft PD Ordinance (Exhibit 17), to
explicitly include the modified net lot area calculation in the PD overlay zone. If the
Commission does not support this alternate calculation then Performance Standard 5
could be removed from the draft PD Ordinance and replaced by a performance standard
requiring the house sizes be modified as part of the A&S application process to meet the
maximum floor area based on the underlying zoning and Residential Design Guidelines.
D. Cuts, Fills, and Retaining Walls
As noted in the September 14, 2016, Staff Report the proposed project is subject to
certain provisions of the Hillside Development Standards and Guidelines including
maximum depths for cuts and fills, and maximum heights and lengths of retaining walls.
Although the revised project does reduce the proposed non-conformance with these
elements, exceptions would still be required. The design of the proposed roadway and
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driveways include cuts up to 13 feet and fills up to 4.5 feet in order to provide the 15
percent slope required for fire access. The proposed cut and fill for the residential lots
would exceed the guidelines for yards with cuts up to nine feet and fills up to 8.5 feet.
The proposed cut and fill for the residential lots would exceed the guidelines for houses
with fills up to 6.5 feet. Retaining walls have been designed to meet the five foot
maximum height limit in the Hillside Development Standards and Guidelines, however
they “run in a straight continuous direction for more than 50 feet without break, offset or
planting pocket to break up the long flat horizontal surface.” (Guideline 4, page 46,
Hillside Development Standards and Guidelines)
E. CEQA
The revised project is consistent with the project description in the Mitigated Negative
Declaration (MND). The revised project would implement all of the mitigation measures
set forth in the Draft MND and would not result in any new or increased significant
environmental impacts as compared to the Original Project. Therefore, no further
environmental review is required under the California Environmental Quality Act since all
potential environmental impacts can still be mitigated by the measures listed in the Draft
MND and the revised project would not result in any new or substantially increased
significant environmental impacts as compared to the Original Project.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The project would allow the redevelopment of the 1.4-acre site previously occupied by the
Los Gatos Elks Lodge with four residential units which complies with the General Plan
designation. The applicant is requesting a PD zone to allow exceptions in the following
areas:
•Modifying the calculation for maximum allowed floor area
•Exceeding maximum cut and fill depths
•Exceeding the length of straight retaining walls
The project does not comply with Town Code, the applicable sections of the Hillside
Development Standards and Guidelines, the Residential Design Guidelines, or the General
Plan, and the sizes of the homes are not compatible with the surrounding area. Although
staff does not support the project, a revised draft Ordinance was prepared with
performance standards to allow the above exceptions (Exhibit 17).
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B. Recommendation
Based on the analysis above, staff recommends that the Commission forward the PD
application to the Town Council with a recommendation for denial.
C. Alternatives
If the Commission finds merit with the project, the Commission should take the following
actions to forward the PD application to the Town Council with a recommendation for
approval:
1.Make the required findings (see Exhibit 3); and
2.Recommend that the Town Council adopt the Mitigated Negative Declaration (Exhibit
13) and Mitigation Monitoring and Reporting Program (Exhibit 14); and
3.Recommend that the Town Council adopt the revised Planned Development
Ordinance (Exhibit 17).
Alternatively, the Commission can:
1.Forward a recommendation for approval of the Planned Development Application
with modified performance standards to the Town Council; or
2.Continue the matter to a date certain with specific direction.
EXHIBITS:
Previously received under separate cover:
1.Draft Mitigated Negative Declaration
Previously received with September 14, 2016 Staff Report:
2.Location Map
3.Required Findings
4.December 11, 2013, Conceptual Development Advisory Committee meeting minutes
5.Project Description (one page) received July 2, 2014
6.Letter of Justification (29 pages), received June 17, 2015
7.Renderings and Exterior Materials (16 pages)
8.Project Data Sheet (five pages)
9.Architectural Consultant Report (nine pages), received February 25, 2015
10.Response to Architectural Recommendations (two pages), received June 17, 2015
11.Arborist Consultant Report (34 pages), received February 19, 2015
12.Public Comments and Responses Regarding the Draft Mitigated Negative Declaration (eight
pages)
13.Final Mitigated Negative Declaration (88 pages)
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14.Mitigation Monitoring and Reporting Program (seven pages)
15.Planned Development Ordinance (27 pages) with Exhibit A Rezone Area (one page) and
Exhibit B Development Plans (25 pages)
Received with this Staff Report:
16.Applicant’s Revised Justification Letter, dated March 28, 2017 (27 pages)
17.Revised Planned Development Ordinance (28 pages) with Exhibit A Rezone Area (one page)
and Exhibit B Development Plans (25 pages)
Distribution:
Maurice Camargo, AIA, Architect, 3953 Yolo Dr, San Jose, CA 95136
Tango Papa Development Co., Attn: Michael Freisen, P.O. BOX 1701, Los Altos, CA 94023
This Page
Intentionally
Left Blank
May 28th, 2017
Jennifer Armer, Associate Planner
Town of Los Gatos Pianning Department
110 E. Main Street
Los Gatos, CA. 95030
CAMARGO
& ASSOCIATES
ARCHITECTS
RE: The Elk's Homes Revised Letter of Justification
105 Newell Avenue
Los Gatos, CA.
Dear Jennifer,
It has been over 3 years since our initial CDAC meeting. As you know, we have worked previously with
5 different planners, 4 assigned Public Works engineers, two consulting firms preparing our Initial
Study and Mitigated Negative Declaration, numerous neighborhood meetings and a very brief, but
welcomed initial planning commission meeting, t~ arrive at our proposed project solution worthy of
the Planning Commission's approval. I want to initially thank you for you-r efforts and direction in
getting us to this point, which we feel is everyone's best effort in achieving a most fitting solution for
the Elks Homes Project.
Our Letter of Justification has been revised to reflect our most current revisions and correlates to our
application for a Planned Development Planning Approval to build 4 single family residences that are
intended to adhere as much as possible to the current Rl-12 zoning designation for our parcel and
meet the Town of Los Gatos Residential Design Guidelines and Hillside Standards, especially in all areas
pertaining to neighborhood compatibility
EXISTING USE CONSIDERATIONS:
The parcel is 60,063 sq ft in area, and is located in the designated Rl-12 zone. The parcel is surrounded
to the South and West by Rl:l2 Zoning parcels -single family residences and commercial properties to
the North and East . It is situated on the southwest corner of Winchester Blvd. and Newell Streets.
Just a short distance to the south, along W_inchester Blvd. and very proximate to our project, is the
busy intersection of Lark Avenue and Winchester Blvd. This busy intersection impacts the current
driveway approach which is located right on the corner of the property at Newell and Winchester
which has an existing traffic stop sign.
EXHIBIT 1 6
The current assembly building structure is a two story 8,636 sq ft building which has housed the Elks
Lodge fraternal organization since it was built in 1960. It has operated to date with a Conditional Use
Permit for a fraternal organization.
The site has an 83 automobile striped asphalt parking area covering most of the site. Although the
facility is not being operated in full capacity, we gathered from neighbor's input a history of problems
with noise and the building's negative visual impact primarily due to a lack of ma i ntenance upkeep and
current automobile parking on site and off site along Newell Avenue by Bay Club Courtside members.
It is important to note that the site iocation is visually located where residential homes and zoning
border commercial properties. The topography of the site, sloping upward in two directions from the
intersection of Newell and Winchester streets with a +/-14% slope , contributes to its prominent
visibility.
OUR INITIAL PROPOSED SOLUTIONS:
We presented to the CDAC two alternatives for the development of the site. (See attached Exhibit l.)
1. An eleven unit condominium with the following attributes:
a. Primary parking below grade .
b. Transition housing between commercial and residential areas.
c. Visually set back units away from corner visual impact.
2 . A 5-unit single family residential planned development:
a. Most compatible to adjacent neighborhood.
b. Retains most designated Rl:l2 zoning regulations .
c. Did not solve difficult access to the development from the existing corner driveway
approach.
d . Net Area of parcels somewhat less than 12,000 sq ft
Although the CDAC _was very open to the condominium/townhome re-zoning project option, as
opposed to a planned development, we were informed the neighbors would be completely opposed to
any sort of multiple unit housing project type. Based on these comments, staff input, as well as
neighborhood interactions, we rejected the condominium solution and directed our efforts to
developing a single family residential development that would both conform to the neighborhood and
adhere, as much as possible, to R1 :12 zoning requirements.
Upon further design refinements and staff discussions, we eventually opted to reduce the number of
homes from a 5-unit Planned Development to a 4-un it Planned Development. Along with other positive
outcomes, we were able to adhere more to the R1:12 zoning requirements, design guidelines and
hillside standards by reducing the number of homes .
Moreover, and most importantly, we are proposing to move the existing access driveway approach to
the middle of the site along Newell Ave . We w i ll be eliminating the existing driveway access which is, at
best, a very difficult and traffic cumbersome driveway approach.
WHY PLANNED DEVELOPMENT AND NOT A CONVENTIONAL SUBDIVISION ?
Based primarily on the Rl:l2 zoning regulat ions, the residential design guidelines and the How to Read
your Ne ighborhood Workbook, we are proposing to provide compatible parcels of si milar size (+/-
12,000 sq ft ) and configurations (rectangular with wide frontage ) as follows:
Two studies as per attached Exhibit 2 were evaluated as follows:
1. Conventional Subdivisi on was studied with the following find ings :
a. A non-conforming (HS Zoning) 42' radius cul -de-sac and 40'wide public street
was still i nsufficient to achieve minimum requirements for the four +/-
12,000 sq ft. parcels .
• Each lot was approximately 12,000 sq ft as desired.
• Lots do not meet the required depth of 125' from ma i n street.
• After R1:12 setbacks were included, the buildable footprints of Lots 3 and
4 were not suitable to accommodate a residential building footprint.
• Lot 1 and 4, combined with the topography along Newell and the width
of the required public street, rendered the rema i ning building sites not
compatible with neighborhood homes.
2. Flog Jot subdivision (suggested by staff) resulted in the following findings:·
a. Each lot was an average 13,750 sq ft net excluding the easement for a shared
drive.
b. Lot 1 would most likely be facing the common drive and not Newell due to
the topography of the lot.
c. Lot 4 could be accessed from the original corner driveway enabling the house
front yard to face Newell. The structure would be very exposed to
Winchester.
d. Lots 2 & 3 buildable areas were not compatible to adjacent neighborhood
house designs and house site configurations . They would be facing the rear
yards of lots 1 & 4.
e. The flag lot development was not at all compatible to anything i n the
neighborhood .
f. Once subdivided, each property would be developed independently missing
the benefit of a planned development approach. A planned development
approach would provide integrity to the overall development by delivering a
four-lot subdivision, with the construction of all homes and completed
common area landscaping from the onset.
3. One or Two parcel subdivision:
a. Subd ividing the land into one or two parcels would make each 30,000 sq ft
for two lots and 61,000 sq ft for one lot renderi ng both options totally
incompatible w ith an R1:12 zoning and the adjacent neighborhood.
OUR NEIGHBORHOOD ANALYSIS
The neighborhood is built on a moderate sloping land area which created homes set on building pads
above or beiow the1r adjacent roadways. Be cause of the existing terrain, we found several homes
which have split level garages with one-story elevations viewed from the front yards while having a
two-story elevation to the rear. (Same as our lot 3 House}.
The immediate neighborhood includes mostly "ranch style" single story, split level and two story
homes. The homes in the immediate neighborhood contain a random variety of architectural styles,
including "two story colonialsn, craftsman, and builder contemporary.
We also found a lot of homes that appear to have been renovated with replacement windows and
architectural elements of varying styles, i.e. ranch with traditional columns and quoins.
The exterior wall finish materials varied extensively between mostly wood .siding (vertical, horizontal
lap and shingles), stucco, brick and stone wainscot as well as full wall height stone and brick veneers.
Please ·find attached Exhibit 3 which displays a portion of our survey of the immediate homes
surrounding our project property highlighting some of the architectural elements mentioned above.
THE ELK'S HOMES ARCHITECTURE:
The architecture of our proposed homes was based on the ''Town of Los Gatos Residential Design
Guidelines" in conjunction with the "How to Read Your Neighborhood Workbook" to develop
compatibility with the other homes within the immediate neighborhood . In addition, we recognized
that the project site is visually situated adjacent to commercial properties. Entering the Town of Los
Gatos through a predominantly commercial zone area, the project will be the first residential visible
site at Winchester · and Lark Avenue intersection. In addition to achieving architectural compati bility
with the immediate neighborhood, the homes were designed to capture the spirit of the architecture of
the Town and to buffer itself from the adjacent commercial properties and busy intersection.
The Site:
• The site will be accessed by a24' wide private road, containing3 guest parking stalls, with the
entrance to the project located in the center of the site facing Newell Avenue . This
configuration eliminates the dangerous existing corner driveway approach . The common
landscaped area on Newell's steep slope will be retained and landscaped.
• The proposed site design allows for wide front elevations further accentuating the
neighborhood compatibility.
• We have provided for two car attached· garages with two stalls of parking in front of the garage
similar to most of the neighborhood homes .
• We have provided a fire turn around that conforms to the Santa Clara County Fire
Department's design standards. We have created privacy for the neighbors to the west by
loweri ng the proposed grading from the existing grades by up to 9' in height with stepped
planter retaining walls. We have placed the side of the garages on the south side to create
privacy for neighbors to the. south .
• The site design allows for extensive landscape screening along both the Winchester and Newell
site frontages and above exi sting 10' wall along W i nchester Boulevard.
In addition, all of the proposed setbacks for each home meet the R1:12 setback requirements .
The Homes:
• All are two story homes.The homes range from 3,218 to 3,758 sq. ft. All homes are under the
maximum allowable square footage, which ranges from 3,245 to 3,785 sq. ft. according to FAR,
which is calculated using the entire parcel's average slope reduction. Three of the four homes
have maximum he i ghts that are 2'+ less than the allowed height of 30' in the Rl:l2 Zoning. (Lot
3 has max. height of 30')
• All are 3 or 4 bedrooms with at least 3 % baths, and each has a two-car garage and parking for
at least two additi onal cars . Three homes have cellars.
• All have low pitch hip roofs with 30'' to 42" overhangs used to emphasize a more horizontal
profile for our two-story street view plans, as well as maximize shading at south and west
elevations .
• All of the four homes have incorporated ranch, craftsman and builder contemporary style
features through use of similar materials and architectural components that are prevalent in
the neighborhood . They Include the following:
Composition Shingles Roofing
Stucco Walls
Shingle Walls
Vertical Wood Siding
Single or double wood entry doors
Stone and Stucco wa i nscot
Aluminum Clad Windows
Wood column porches
Wood panel garage doors
Stone and stucco chimneys
In addition to the above description and justification for our project, please regard our latest
clarification to revisions and modifications we have made since our 5th and last Tech Review meeti ng as
follows:
Town Consulting Architect Report:
In addition to our previous response to the Town Consulting Architect's Review Report, we
have made additional revisions to our plans as follows:
Site Plan: The rear retaining walls to the west have been stepped not only to meet hillside
standards but to reduce negative visual impacts that may be perceived from Newall.
We have extended a sidewalk continuous along one side of the private street.
House Designs: House designs were addressed prior but we have altered the designs to reduce
our FAR while retaining the architectural design previously proposed with acceptable materials and
elements per the design guidelines.
FAR CALCULATION JUSTIFICATION: (See Exhibit 4 attached)
Our proposed F.AR calculation for our PD application uses the entire parcel that is being subdivided to
provide an average slope reduction. Each parcel's area is then assigned the reduction based on its
parcel area. Original proposed FAR calculation uses the slope of each lot and then uses the average
slope of each individual lot to determine its FAR.
Our FAR calculation method provides homes that are more compatible in size to each other from 3,218
to 3, 758 sq. ft as opposed to homes ranging from 2,876 to 4,230 sq. ft. using the FAR by individual lot
calculation .
Our FAR method allowable totals for the four parcels are 14,348 sq. ft . compared to other method of
14,250 sq. ft. total. We are using for our four homes square footage totals 14,169 sq. ft., which is less
than maximum allowable in either case.
Worth noting, the entire project parcel is having to adhere to the Hillside Design guidelines because it
exceeds 10 percent average slope. In our proposed FAR calculation method all four lots adhere to the
slope reduction based on the entire parcel slope. The original proposed FAR calculation method
separates one lot as not having to adhere to the Hillside Design guidelines since, in its final. graded
form, has less than 10% slope.
NEIGHBORHOOD COMPATABILITY
The previous staff neighborhood analysis chose, at randol)1, 8 surrounding parcels from the
neighborhood which we feel are very limited in demonstrating neighborhood compatibility as it is now
and in the future as follows :
Most of the homes on the neighborhood have not been remodeled or added to their maximum
allowable FAR. Most surrounding properties once renovated could be larger than 3000 sq . ft. if
remodeled to their max. allowable FAR.
We've revised our original proposed homes to range from 3,245 sq . ft. to 3,785 sq. ft. with FAR ranging
from 0 .28 to 0.30.
A more broad neighborhood compatiblity analysis which include all homes on Newell, Newell Court,
Elena Way, Brocastle Way, La Montangne Ct., La Rihconada Dr. and Golf Links Dr. All range in lots
from 10,890 ( at 179 La Montagne Ct. with a 4,046 sq. ft. home, .27 FAR) to a 20,473 sq. ft.{ at 148
Newell Ave., with a 4,510 sq. ft. home, .47 FAR) See Exhibit S attached.
To illustrate a better compatibility analysis as a11 example we should look at the neighboring properties
in terms of their maximum allowable FAR and not current. For example, not yet remodeled but
adjacent to our parcel is the two story coioniai at 3,016 sq. ft. on an 11,761 ft. lot which, with no slope
reduction its FAR would allow a maximum house of 3, 480 sq. ft. with FAR of .29, which indicates that
our homes are very much compatible with this adjacent property.
In summation, we feel that our proposed Planned Development Project meets most of the intents of
the Zoning Code, the General Plan, the Residenti~I Design Guidelines, and applicable Hillside Design
Guidelines for compatibility with the existing neighborhood homes. The few deficiencies which
prompted the request for a PD zoning designation that remain, include the private roadway, small
areas (two of our driveways and the mitigation of the removal of the existing driveway access to the
property) where we cannot adhere to the cut and fill maximums for the hillside guidelines, and the
uninterrupted low stepped walls which exceed 100' along Newell. Furthermore, we have met with
many of the neighborhood residents on several occasions and have generated their support for the
project as proposed.
If you have any questions regarding the above, please do not hesitate to call.
Sincerely,
~7
Maurice Camargo A.I.A.
--------------_ l'tf-.. ~
-J
LAMONTAGNE
SUBDIVISION
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''·.:; _::~·->~·. ·. ~ ~;f~ ,·?~~i~j~t~;·~ I~~
.. { .• ·.•·•:·,i·; .. :.·-"' ,. ·-:;-r·:"\ _ _.,. ~-i·~l·~; •.•. :/';·;~~ ~ ... ; '-'-' ~· ... ~--·~ .. . r;·:_~:~"~·-;v;,;·~~--~·· .. i . ._-~~· •• '' • \\.. 'Yi•..-~ • ' ~-'/'}. l ·,...~,.~""/"$•~.':·~~ '· ' ~.-~ :'tt:J::'~~'!~ .J~
.1 ~ ._·,;,: .::~:"' ~· m ·~ •
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'·· ... \.'.. \.·:} .~· 0--~-~--~:
,;,;' .. 1 ••• ;;~~
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l-t i 8 UJ ' . •, : ~ .·! '· VJ u -0 ....l ~ ,,, t ~· ex ~ < ~ > 0
~ tr)
("'f")
~
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·r
PROPOSED CALCULATION METHOD
FAR excluding garages= 0.35 -((A -5)/25) x 0.20
LOT
1
2 ·
3
4
Garage FAR = 0.10 -((A -5)/25) x 0.07
Area (1000 sf) Area less
18.82%
16.189 13 .142
16.287 13.222
14.472 11.748
13.115 10.647
60.063
Avg slope = 0.0023(2)(4379)/1.398 = 14.41%
Requires a deduction of 18.82%
Exhibit 4
House FAR
0.285
0.284
0.296
0.305
Garage FAR ALLOWABLE Garage ALLOWABLE House
Gara~e House
0.077 1015 751 3744 3592
0.077 1018 687 3785 3758
0.081 953 753 3601 3478
0.084 896 710 3245 3218
STANDARD SLOPE REDUCTION METHOD (PREV!QUS CALCULATION METHOD)
Elks Club
FAR BY INDIVIDUAL LOT
Based on 4 Lot PD scheme . Contour length based on each individual lot
1
2
3
4
LOT
1
2
3
4
AVG SLOPE BY LOT Avg slope= 0.0023(1){L)/A
Area Area (1000 sf) Area (Ac)
Contour
Length
16189 16.19 0.372 1660 20.55
16287 16.29 0.374 615 7.57
14472 14.47 0.332 760 10.52
13115 13.12 0.3 01 1340 20.47
60063
FAR
FAR excluding garages= 0.35 -((A-5)/25) x 0.20
Garage FAR = 0.10 -((A-5)/25) x 0.07
Area Less
Area (1000~ Reduction House FAR Garage FAR
16.19 11.16 0.301 0.083
16.29 16.29 0 .260 0.068
14.47 12.87 0.287 0.078
13.12 9 .06 0.318 0.089
60.063
Area
Reduction
31.09
0.00
11.05
30.95
Allowable Allowable
Garage House
923 3355
1114 4230
1004 3695
803 2876
Address:
115 Newell Ct
119 Newell Ct.
123 Newell Ct.
127 Newell Ct.
131 Newell Ct.
135 Newell Ct.
108 Newell Ave.
112 Newell Ave.
116 Newell ave .
124 Newell Ave.
128 Newell Ave .
132 Newell Ave.
136 Newell Ave.
140 Newell Ave.
144 Newell Ave.
148 Newell Ave.
152 Newell Ave.
156 Newell Ave.
160 NewellAve.
183 Newell Ave.
179 Newell Ave.
175 Newell Ave.
171 Newell Ave.
167 Newell Ave.
163 Newell Ave.
159 Newell Ave .
147 Newell Ave.
143 Newell Ave .
139 Newell Ave.
Exhibit 5
Elks Project Neighborhood Compatibility Stud~'
Lot size, Acre: Lot size, Sq. Ft:_ House size, !iq. ft:
0.27
0.26
0.25
0.29
0.29
0.2.a
0.3
0.28
0.28
0.27
0.28
0.3
0.29
0.28
0.28
0.47
0.28
0.31
0.33
0.29
0.27
0.27
0.27
0.27
0.28
0.36
0.27
0.28
0.29
'-·. -· --·· ·-----~ ·: .. ~·~. :---~-7•-:,...,~~·.•
11,761
11,326
10,890
12,632
12,632
12,197
13,068
12,197
12,197
11,761
12,197
13,068
12,632
12,197
12,197
20,473
12,197
13,503
14,375
12,632
11 ,761
11,761
11,761
11,761
12,197
15,682
11,761
12,197
~b63?
2,153
2,128
2,449
2,506
2,323
2,467
1,973
1,809
1,885
3,212
2,150
3,742
3,110
2,368
2,513
4,510
2,542
2,356
2,173
1,860
2,572
1,931
3,016
2,375
1,838
2,294
2,553
1,908
-. ..---2,485.
1
Elks Project Neighborhood Compatibility Stud\' 2
105 Elena Way. 0.27 11,761 2,655
109 Elena Way. 0.26 11,326 1,918
115 Elena Way. 0.27 11,761 2,285
114 Elena Way. 0.25 10,580 2,662
11 O Elena Way. 0.25 10,890 2,181
106 Elena Way 0.28 12,197 2,618
102 Elena Way . 0.25 10,890 2,623
103 Brocastle Way. 0.28 12,197 2,439
107 Brocastle Way. 0.28 12,197 2,251
111 Brocastle Way. 0.28 12,197 2,323
115 Brocastle Way. 0.25 10,890 2,085
120 Brocastle Way. 0.3 13,068 2,850
116 Brocastle Way. 0.34 14,810 2,199
112 Broca s tl e Way. 0.30 13,0 68 3 ,181
108 Brocastle Way. 0.30 13,068 2,700
104 Brocastle Way. 0.27 11,761 2,732
~90 Bro~~stle "'!'C!Y.·_ 0.26 11,32~·~·. ·-··--~ .. ~23 ... -.. --~--·--.----.... .,.._. __ -~ .. -··-·--...-.·~
179 La Montagne Ct. 0.2 5 10,890 4,046
181 La Montagne Ct. 0.3 8 16,553 3 ,965
183 La Montagne Ct. 0.29 12 ,632 3 ,596
185 La Montagne Ct. 0.29 1 2,632 3,672
187 La Montagne Ct. 0.34 14,810 4,083
189 La Montagne Ct. 0.2 8 12,19 7 3 ,474
191 La Montagne Ct. 0.2 8 1 2 ,197 3 ,564
193 La Montagne Ct. 0.32 13,939 3,960
182 La Montagne Ct. 0 .27 11,761 3 ,256
180 4' ("'1o_n!a9nf:! -~·~· -·-· 0.27 1 1,761 -~-4 ,2_48 ---~ .. -. --~--·---·--·"W --;<o-·--....... ---...... ~--·._..,--~-r.o ·•·
101 La Rinconada Dr.
105 La Rinconada Dr.
109 La Rlnconada Dr.
115 La Rinconada Dr.
119 La Rinconada Dr.
123 La Rinconada Dr. . . . ,.. . .. . .. -· , ....
14854 Clara St.
14796 Golf Links Dr.
14780 Golf Links Dr.
14764 Golf Links Dr.
14748 Golf Links Dr.
14732 Gold Links Dr.
14716 Golf Links Dr.
Elks Project Neighborhood Compatibility Stud\r
0.28
0.28
0.28
0 .28
0 .31
0.26
..... , _ ....... ~-".I -··-·---········-.• ...,.,...
0.45
··'
0 .28
0 .26
0 .28
0.30
0.28
0.30
12,197
12,197
12,197
12,197
13,503
---·--··--)1,3_~6. __ ~--
--.-r1• ~··"
)-9,60~.
12,197
11,326
12,197
13,068
12,197
':'"'~ .. ·-
--·---·-·· 1_3,0~8 -··-----
2,717
3,729
5,172
2,398
2,609
1,6_~5.
3,_6,93
2,898
2,261
2,309
2,515
2,202
2,~_!_6
~--~----·---·-·
3
Page 1 of 27
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R-1:12 TO R-1:12:PD
FOR PROPERTY LOCATED AT
105 NEWELL AVENUE (APN: 409-24-026)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 105 Newell Avenue (Santa Clara County Assessor Parcel Number 409-24-026) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from R-1:12
(Single-Family Residential, 12,000 square foot lot minimum) to R-1:12 (Single-Family
Residential 12,000 square foot lot minimum, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes
the following construction and use of improvements:
1.Removal of existing site improvements.
2.Construction of four market rate single-family detached residences.
3.Landscaping, private street, parking and other improvements shown and required on
the Official Development Plans.
4.Uses permitted are those specified in the R-1:12 (Single Family Residential, 12,000
square foot lot minimum) zone by Sections 29.40.380 (Permitted Uses), as it exists at
the time of the adoption of this Ordinance, or as they may be amended in the future.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS:
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
EXHIBIT 17
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
Page 2 of 27
SECTION IV
A Tentative Subdivision Map and Architecture and Site Approvals are required before
construction of subdivision improvements or new residences, whether or not a permit is
required for the work and before any permit for construction is issued. Construction permits
shall only be in a manner complying with Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following performance standards must be complied with
before issuance of any grading, or construction permits (mitigation measures are so noted and
are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. Colors and building materials shown
on the Official Development Plan are not approved and shall be reviewed during the
Architecture and Site approval process.
2.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.
3.SUBDIVISION REQUIRED. A Tentative Subdivision Map application shall be approved for
the project prior to the issuance of building permits. The Development Review
Committee may be the deciding body of the tentative map.
4.ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A&S)
application and approval is required for each of the new residences. The Architecture
and Site applications shall be reviewed by the Development Review Committee.
Architectural details, including fencing and a project entry sign, shall be refined as part
of this process with input from the Town’s Consulting Architect.
Page 3 of 27
5. REDUCTION OF NET SITE AREA FOR SLOPE. The net lot area of each lot shall be reduced
by 18.82 percent, in lieu of the standard reduction of net site area on sloping lots, prior
to calculation of maximum floor area ratio.
6. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town’s
Consulting Landscape Architect and approved as part of the A rchitecture and Site
process. Minimum tree size at time of planting shall be 24 -inch box.
7. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping 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 prior to the issuance of a building permit.
8. SETBACKS. The minimum setbacks are those specified by the R-1:12 zoning district or
as otherwise shown on the Conceptual Development Plans.
9. BUILDING HEIGHT. The maximum height of the new residences shall be 30 feet. The
maximum height for detached garages shall be 15 feet.
10. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting
shall be the minimum needed for pedestrian safety and security. Lig hting specifications
shall be reviewed as part of the Architecture and Site process.
11. TREE PRESERVATION: All recommendations of the Town’s Consulting Arborist shall be
followed. Refer to the report prepared by Deborah Ellis, dated February 19, 2015 for
additional details. The Arborist Consultant shall reevaluate the plans for the new
residences during Architecture and Site review.
12. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
13. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table
in the Tree Protection Ordinance. New trees shall be double staked and shall b e
planted prior to final inspection and issuance of occupancy permits.
14. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Refer to the report prepared by
Deborah Ellis dated February 19, 2015 for requirements. Fencing shall be six foot high
cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and
spaced no further than 10 feet apart. Include a tree protection fencing plan with the
construction plans.
Page 4 of 27
15. RECYCLING. All wood, metal, glass and aluminum materials generated from demolition
work shall be deposited to a company which will recycle the materials. Receipts from
the company(s) accepting these materials, noting type and weight of m aterial, shall be
submitted to the Town prior to the demolition inspection.
16. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final locations
and screening of all exterior utilities, including but not limited to, backflow preventers,
Fire Department connections, transformers, utility boxes and utility meters. Utility
devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval prior to issuance of
building permits for new construction.
17. EXISTING RETAINING WALL. The existing retaining wall height along Winchester
Boulevard shall not increase should the wall need to be rebuilt.
18. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to
whichever is more restrictive.
19. SIDEWALKS. Sidewalks along Winchester Boulevard and Newell Avenue shall meet
minimum Town Code requirements.
20. GENERAL PROVISIONS. This Planned Development shall comply with provisions in Town
Code Sections 29.40.015 through 29.40.07 0, and Article V, unless more restrictive
provisions are required in other performance standards for the subject Planned
Development.
21. DEVELOPMENT OUTSIDE PROPERTY LINES: Development shall take place within
property lines unless written permission is obtained from neighboring property owners.
22. AIR QUALITY MITIGATION MEASURE AQ-1*: BAAQMD-Recommend Basic Construction
Mitigation Measures. To limit the project’s construction -related dust and criteria
pollutant emissions, the following the Bay Area Air Quality M anagement District
(BAAQMD)-recommended Basic Construction Mitigation Measures shall be included in
the project’s grading plan, building plans, and contract specifications:
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. Recycled water
should be used wherever feasible.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
Page 5 of 27
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.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. The project contractor shall designate a "disturbance coordinator” responsible
for responding to any local complaints regarding dust complaints. The proje ct
contractor will post a publicly visible sign with a contact telephone number for
the disturbance coordinator. The BAAQMD’s phone number shall also be visible
to ensure compliance with applicable regulations.
23. CULTURAL RESOURCES MITIGATION MEASURE CUL-1*: Discovery of Unknown Cultural
Resources. In the event that archaeological traces are encountered, all construction
within a 50-meter radius of the find will be halted, the Community Development
Director will be notified, and an archaeologist will be retained to examine the find and
make appropriate recommendations.
If the Community Development Director finds that the archaeological find is not a
significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are
accepted. Provisions for identifying descendants of a deceased Native American and for
reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the
site is found to be a significant archaeological site, a mitigation program will be
prepared and submitted to the Community Development Director for consideration and
approval, in conformance with the protocol set forth in Public Resources Code Section
21083.2.
Page 6 of 27
A final report shall be prepared when a find is determined to be a significant
archaeological site, and/or when Native American remains are found on the site. The
final report will include background information on the completed work, a description
and list of identified resources, the disposition and curation of these resources, any
testing, other recovered information, and conclusions.
24. CULTURAL RESOURCES MITIGATION MEASURE CUL-2*: Discovery of Human Remains. If
human remains are discovered, the Santa Clara County Coroner wil l be notified. The
Coroner will determine whether or not the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he will notify the Native
American Heritage Commission, who shall attempt to identify d escendants of the
deceased Native Americans.
25. GEOTECHNICAL MITIGATION MEASURE GEO-1*: Geotechnical Investigation. For the
proposed roadway and each proposed residential unit, the project applicant(s) shall
consult with a registered geotechnical engineer to prepare a design-level geotechnical
investigation. The design-level geotechnical report shall address, but not be limited to,
site preparation and grading, building foundations, and CBC seismic design parameters.
A design-level geotechnical report shall be prepared and submitted in conjunction with
Building Permit application(s) and reviewed and approved by the Town of Los Gatos.
Recommendations from the design-level geotechnical report shall be incorporated into
the final project design and construction documents.
26. NOISE MITIGATION MEASURE NOI-1*: Noise Attenuation Wall. Prior to the issuance of a
grading permit or improvements plans, the applicant shall demonstrate to the Director
of Community Development that a noise attenuation wall is shown on the fina l
landscape plans. The noise attenuation wall shall include the specifications:
• The noise attenuation wall shall be a minimum of six feet tall. The approximate
location of the recommended noise barriers is shown on Figure 3 of the noise
analysis report prepared for the project dated May 2, 2016.
• The noise attenuation wall shall be constructed of concrete masonry units (CMU),
solid concrete panels, or earthen berm. The noise barriers may include the
combination of earthen berm and CMU wall or concrete p anels. Wood is not
recommended due to eventual warping and degradation of acoustical performance.
Other types of materials should be reviewed by an acoustical consultant prior to
use.
• Air conditioning shall be included in all residences to allow occupant s to close doors
and windows as desired for acoustical isolation.
Page 7 of 27
27. NOISE MITGATION MEASURE NOI-2*: Construction Vibration. The construction
contractor shall prohibit the use of vibratory rollers within 30 feet of existing
residences. Plate compactors and smaller, rubber-tired equipment shall be utilized as
feasible. The Town of Los Gatos Building Division shall ensure that this requirement is
incorporated into construction documents prior to issuance of grading permits.
28. NOISE MITGATION MEASURE NOI-3*: Construction Specifications to Reduce Noise. The
project applicant and its successors shall ensure that the following practices are
incorporated into the construction specification documents to be implemented by the
project contractor:
• Provide enclosures and mufflers for stationary equipment, shrouding or shielding
for impact tools, and barriers around particularly noisy operations, such as grading
or use of concrete saws within 50 feet of an occupied sensitive land use.
• Use construction equipment with lower (less than 70 dB) noise emission ratings
whenever possible, particularly air compressors and generators.
• Do not use equipment on which sound-control devices provided by the
manufacturer have been altered to reduce noise control.
• Locate stationary equipment, material stockpiles, and vehicle staging areas as far as
practicable from sensitive receptors.
• Prohibit unnecessary idling of internal combustion engines.
• Implement noise attenuation measures to the extent feasible (i.e., such that they do
not impede efficient operation of equipment or dramatically slow production rates),
which may include, but are not limited to, noise barriers or noise blankets. The
placement of such attenuation measures shall be reviewed and approved by the Los
Gatos Building Division prior to issuance of development permit for construction
activities.
29. TRANSPORATION/TRAFFIC MITGATION MEASURE TRANS-1*: Traffic Control Plan. The
project applicant shall work with the Engineering Division of the Town of Los Gatos’s
Parks and Public Works Department to devise a traffic control plan for incorporation
into the construction bid documents (specifications) to ensure safe and efficient traffic
flow during periods when soil is hauled off the project site. The plan shall include, but
not be limited to, the following measures:
• Hauling and delivery activities and designated truck routes shall be strategically
selected, timed and coordinated to minimize traffic disruption to 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
Page 8 of 27
operation to minimize traffic disruption.
• Flag persons shall be placed at locations as necessary. All flag persons shall have the
capability of communicating with each other to coordinate the operation.
• 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.
• 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.).
30. TRANSPORATION/TRAFFIC MITIGATION MEASURE TRANS-2*: Driveway Design. The
applicant shall hire a registered traffic engineer to ensure appropriate driveway design
for the new private access drive. A detailed sight distance evaluation for the project
roadway shall be prepared for review and approval by the Parks and Public Works
Department and the Community Development Director prior to approval of the Final
Subdivision Map.
Building Division
31. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing building and a Building Permit the construction of each new single -family
residence. A separate plan set is required for each lot. Separate Building Permits are
required for each lot’s Site Retaining Walls. 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 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.
33. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum size
30” x 42”.
34. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management District Application from the Building
Department Service Counter. Once the demolition form has been completed, all
signatures obtained, and written verification from PG&E that all utilities have been
disconnected, return the completed form to the Building Department Service Counter
with the Air Quality District’s J# Certificate, PG&E verification, and three (3) sets of site
plans showing all existing structures, existing utility service lines such as water, sewer,
and PG&E. No demolition work shall be done without first obtaining a permit from the
Page 9 of 27
Town.
35. STREET NAME & BUILDING ADDRESSES: Request the new street name or verify approval
of proposed street name and submit requests for new building addresses to the
Building Division prior to submitting for the Building Permit application process.
36. 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.
37. 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 recomm endations as
specified in the soils report, and that the building pad elevation and on -site retaining
wall locations and elevations have been prepared according to the approved plans.
Horizontal and vertical controls shall be set and certified by a licens ed Surveyor or
registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
38. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence 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 future grab bars when needed.
b. All passage doors shall be at least 32-inches wide on the accessible floor.
c. Primary entrance shall be a 36-inch wide door including a 5’x5’ level landing, no
more than 1-inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
39. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
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 th e installation. The Town
of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater
Page 10 of 27
valves on drainage piping serving fixtures that have flood level rims less than 12 -inches
above the elevation of the next upstream manhole.
41. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905 or a gas appliance with no wood
burning components. Tree limbs shall be cut within 10 -feet of Chimney.
42. FIRE ZONE: The project requires a Class A Roof assembly.
43. 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
44. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley
Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan
submittal as the second page. The specification sheet is available at the Build ing
Division Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at
www.losgatosca.gov/building.
45. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: Jennifer Armer (408) 399-5702
b. Engineering/Parks & Public Works Dept.: Mike Weisz (408) 354-5236
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f. Bay Area Air Quality Management District: (415) 771 -6000
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
46. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications. All work shall conform to the
applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all
job related dirt and debris at the end of the day. Dirt and debris shall not be washed
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into storm drainage facilities. The storing of goods and materials on the sidewalk
and/or the street will not be allowed unless a special permit is issued by the
Engineering Division of the Parks and Public Works Department. The owner, applicant,
and/or developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right -of-way according to this condition may result
in the Town performing the required maintenance at the owner, applicant, and/ or
developer's expense.
47. APPROVAL: This application shall be completed in accordance with all the conditions of
approvals listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer
48. ENCROACHMENT PERMIT: All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the owner/applicant/developer to obtain any
necessary encroachment permits from affected agencies and private par ties, including
but not limited to, Pacific Gas and Electric (PG&E), SBC, Comcast, Santa Clara Valley
Water District, California Department of Transportation. Copies of any approvals or
permits must be submitted to the Town Engineering Department prior to releasing of
any permit.
49. FOR PLANTERS: The Applicant shall apply for an encroachment permit for the proposed
planters within the public sidewalk and/or public right -of-way. The Owner, Applicant
and/or Developer shall work with Parks and Public Works Department staff to arrive at
a mutually agreeable solution that addresses safety and aesthetic issues. If no solution
is reached, the vegetative screening requirement shall be waived. An indemnity
agreement for private improvements in the public right -of-way (indemnity agreement)
will be required if planters are proposed to be located on public land. 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 permi t.
50. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT):
The property owner shall enter into an agreement with the Town for all existing and
proposed private improvements within the Town’s right -of-way. The Owner shall be
solely responsible for maintaining the improvements in a good and safe condition at all
times and shall indemnify the Town of Los Gatos. The agreement must be completed
and accepted by the Director of Parks and Public Works, and subsequently recorded by
the Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the
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issuance of any permits. Please note that this process may take approximately four (4)
weeks.
51. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work
pertaining to on-site drainage facilities, grading or paving, and all work in the Town's
right-of-way. Failure to do so will result in rejection of work that went on without
inspection.
52. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers,
thermoplastic pavement markings, etc. shall be repaired and replaced to a condition
equal to or better than the original condition. Existing improvement to be repaired or
replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request a walk-
through with the Engineering Construction Inspector before the start of construction to
verify existing conditions.
53. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction.
54. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the 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.
55. 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.
56. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the
issuance of any permits or recordation of the Parcel / Final Map.
57. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to altered work is started. The Applicant Project Engineer
shall notify, in writing, the Town Engineer at least 72 hours in advance of all the
proposed changes. Any approved changes shall be incorporated into the final “as-built”
plans.
58. 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.
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59. GRADING PERMIT: Grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The
grading permit application (with grading plans and fees) shall be made to the
Engineering Division of the Parks & Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall location,
driveway, utilities and interim erosion control. Grading plans shall list earthwork
quantities and a table of existing and pro posed 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). Prior to Engineering signing off and closing out on the issued
grading permit, the Owner/Applicant/Developer’s soils engineer shall verify, with a
stamped and signed letter, that the grading activities were completed per plans and per
the requirements as noted in the soils report. A separate building permit, issued by the
Building Department on E. Main Street is needed for grading within the building
footprint.
60. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after the rainy season, as defined by
Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15 -April 15), has ended.
61. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the Town Engineer: A drainage study of
the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that proposed
drainage patterns will not overload existing storm drains; and detailed drainage studies
indicating how the project grading, in conjunction with the drainage conveyance
systems including applicable swales, channels, street flows, catch basins, storm drains,
and flood water retarding, will allow building pads to be safe from inundation from
rainfall runoff which may be expected from all storms up to and including the
theoretical 100-year flood.
62. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps
for financing and conveyance purposes only) or prior to the issuance of any
grading/improvement permits, whichever comes first, the applicant shall: a) Design
provisions for surface drainage; and b) Design all necessary storm drain facilities
extending to a satisfactory point of disposal for the proper control and disposal of
storm runoff; and c) provide recorded copy of any required easements to the Town.
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63. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit/building permit.
64. 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:
- Retaining wall top of wall elevations and locations
- Toe and top of cut and fill slopes
65. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided stating
that the building foundation was constructed in accordance with the approved plans
shall be provided subsequent to found ation construction and prior to construction on
the structure. The pad certification shall address both vertical and horizontal
foundation placement.
66. 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.
67. GENERAL: The Owner, Applicant and/or Developer shall comply with all Town, County,
State and Federal laws and regulations applicable to this land division. No other
proposed development is included in this particular application of the Certificate of
Compliance. Issuance of a Certificate of Compliance will acknowledge the Town’s
acceptance of the parcel as legally created in accordance with the Subdivision Map Act.
Any subsequent development will be required to demonstrate compliance with the
Town Development Standards and Codes.
68. CERTIFICATE OF COMPLIANCE: A Certificate of compliance shall be recorded. Two (2)
copies of the legal description for each lot configuration, a plat map (8 -½ in. X 11 in.)
shall be submitted to the Engineering Division of the Parks and Public Works
Department for review and approval. The submittal shall include closu re calculations,
title reports less than ninety (90) days old and the appropriate fee. The certificate shall
be recorded prior to the issuance of any permits.
69. PARCEL MAP: A parcel map shall be recorded. Two copies of the final / parcel map
shall be submitted to the Engineering Division of the Parks & Public Works Department
for review and approval. Submittal shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits for new construction
are issued.
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70. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity
fees shall be paid either immediately prior to the recordation of any subdivision or tract
maps with respect to the subject property or properties, or immediately prior to the
issuance of a sewer connection permit, which ever event occurs first – written
confirmation of payment of these fees shall be provided prior to map recordation.
71. PRIVATE UTILITIES-STREET: Prior to the recordation of a subdivision map the
applicant/subdivider shall place a note on the map, in a manner that meets the
approval of the Town Engineer that states: "The private streets, utilities constructed
within this map shall be owned, operated and maintained by the developer, successors
or assigns.”
72. RETAINING WALLS: The HOA shall be responsible for the maintenance of all site walls
proposed for the development.
73. DEDICATIONS: The following shall be dedicated on the parcel map. The map shall be
recorded before any permits are issues:
a. Ingress-egress, storm drainage and sanitary sewer easements, as required.
b. Emergency Access Easement. Width various from the intersection of Newell Avenue
and Elks Place to the terminus of Elks Place.
74. DEMOLITION: The existing building shall be demolished prior to recordation of the
parcel map affected by this existing building
75. 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 s urface 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
76. SOILS REVIEW: Prior to issuance of any permit, the applicant’s engineers shall prepare
and submit a design-level geotechnical/geological investigation for review and approval
by the Town. The applicant’s soils engineer shall review the final grading and drainage
plans to ensure that designs for foundations, retaining walls, site grading, and site
drainage are in accordance with their recommendations and the peer r eview
comments. The applicant’s soils engineer’s approval shall then be conveyed to the
Town either by letter or by signing the plans.
77. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations
and grading shall be inspected by the applicant’s soils engineer prior to placement of
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concrete and/or backfill so they can verify that the actual conditions are as anticipated
in the design-level geotechnical report, and recommend appropriate changes in the
recommendations contained in the report, if necessary. The results of the construction
observation and testing should be documented in an “as -built” letter/report prepared
by the applicants’ soils engineer and submitted to the Town before final release of any
occupancy permit is granted.
78. 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.
79. WATER DESIGN: Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
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 Occupanc y for any new building can
be issued.
a. Newell Avenue. Curb, gutter, sidewalk, street lights, tie-in paving, signing, striping,
storm drainage and sanitary sewers, as required.
81. FRONTAGE IMPROVEMENTS: Applicant shall be required to improve the project’s publ ic
frontage to current Town Standards. These improvements may include but not limited
to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting
(upgrade and/or repaint) etc.
82. 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. Applicant is required to obtain approval of all proposed utility
alignments from any and all utility service providers. The Town of Los Gatos does not
approve or imply approval for final alignment or de sign of these facilities.
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83. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the project soils engineer, and the type of foundation.
84. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, or hardscape are
allowed within the easement boundaries, and that maintenance access must be
provided. The Town will prepare the deed language and the Applicant's surveyor shall
prepare the legal description and plat. The Applicant shall pay any recordation c osts
85. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany any proposed private easement. Access driveway shall
be within the recorded access easement. New private access easement shall be
recorded prior to issuance of building permit or realigned access driveway shall be
completed prior to issuance of building permit
86. SIDEWALK CLOSURE: Any proposed blockage or partial closure of the 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.
87. SIDEWALK REPAIR: The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard
Details. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
88. CURB AND GUTTER: The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and
gutter shall be constructed per Town Standard Details. The limits of curb and gutter
repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
89. CURB RAMPS: The developer shall construct 3 curb ramp(s) in compliance with ADA
Standards.
90. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Section 23.10.080,
26.10.065, 29.40.030.
91. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences encroached into the neighbors will need to be
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removed and replaced to the correct location of the boundary lines. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
92. AS-BUILT PLANS: After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as -built"
plans shall again be signed and "wet -stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as-built" plans shall be review and
approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as -
built" plans shall be provided to the Town before the Faithful Performance Security or
Occupancy Permit is released. The AutoCAD file shall include only the following
information and shall conform to the layer naming convention: a) Building Outline,
Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer:
RETAINING WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer:
TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer:
NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the
Town’s survey control network and shall be submitted in AutoCAD version 2000 or
higher.
93. TRAFFIC IMPROVEMENTS: To be determined by traffic engineer.
Frontage Improvement
- Traffic signal improvements (upgrade to current standards as applicable)
- Update pedestrian cross walk push button to be ADA complia nt at the
intersection of Winchester Blvd. and Newell Avenue.
- Re-establish the street striping and painting on Newell Avenue cross walk and
centerline.
- Others as applicable
94. CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be
submitted for review and approval by the Town Engineer prior to issuance of permit.
95. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a proportional the project's
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution
in effect at the time the 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 $8,130.80 per lot. The final fee shall be calculated form the final plans
using the rate schedule in effect at the time the building permit is issued.
96. 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
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portion of a street which abuts property in a residential zone without prior to approval
from the Town Engineer.
97. TRAFFIC CONTROL PLAN: The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following meas ures:
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.
98. 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 and Engineering Department Engineering Inspector s to devise a traffic
control plan to ensure safe and efficient traffic flow under periods when soil is hauled
on or off the project site. This may include, but is not limited to provisions for the
developer/owner to place construction notification signs noting the dates and time of
construction and hauling activities, or providing additional traffic control. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand, and other loose debris.
99. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair
activities shall be allowed. No individual piece of equipment shall produce a noise level
exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a
structure on the property, the measurement shall be made at distances as close to
twenty-five (25) feet from the device as possible. The noise level at any point outside of
the property plane shall not exceed eighty-five (85) dBA.
100. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan,
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Traffic Control Plan, Project Schedule, site security fencing, employee parking,
construction staging area, construction trailer, and proposed outhouse locations.
101. 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. Sanitary Sewer Clean-out is required for each property at the property line
or location specify by the Town.
102. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flusing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Administrative. The Town
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve as
defined in the Uniform Plumbing Code adopted by the Town and maintain such device
in a functional operation condition. Evidence of West Sanitation District’s decision on
whether a backwater device is needed shall be provided prior to issuance of a building
permit.
103. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more which
are part of a larger common plan of development which disturbs less than 1 acre are
required to obtain coverage under the construction general permit with the State
Water Resources Control Board. You are required to provide proof of WDID# and keep
a current copy of the storm wat er pollution prevention plan (SWPPP) on the
construction site and shall be made available to the Town of Los Gatos Engineering
and/or Building Department upon request.
104. BEST MANAGEMENT PRACTICES (BMP's): The applicant is responsible for ensuring that
all contractors are aware of all storm water quality measures and 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 placed 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 orders.
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105. 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
106. SITE DESIGN MEASURES: All projects must 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 area.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
107. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing
of an area and 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
NPDES MRP Permit. Monitoring for erosion and sediment control is required and shall
be performed by the QSD or QSP as required by the Construction General Permit.
Stormwater samples are required for all discharge locations and projects may not
exceed limits set forth by the Construction General Permit Numeric Action Levels
and/or Numeric Effluent Levels. A Rain Event Action Plan is required when there is a
50% or greater forecast of rain within the 48 hours, by the National Weather Service or
whenever rain is imminent. The QSD or QSP must print and save records of the
precipitation forecast for the project location area from
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(http://www.srh.noaa.gov/forecast) and must accompany monitoring reports and
sampling test data. A Rain gauge is required on site. The Town of Los Gato s Engineering
and 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.
108. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing
dust shall be watered as often as deemed necessary by the Town, or a minimum of
three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control
of blowing dust for the duration of the project. Watering on public streets shall not
occur. Streets will be cleaned by street sweepers or by hand as often as deemed
necessary by the Town Engineer, or at least once a day. Watering associated with on -
site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and
shall include at least one late-afternoon watering to minimize the effects of blowing
dust. All public streets soiled or littered due to this construction activity shall be
cleaned and swept on a daily basis during the workweek to the satisfaction of the Town.
Demolition or earthwork activities shall be halted when wind speeds (instantaneous
gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be
covered.
109. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the ABAG Manual of Standards
for Erosion & Sediment Control Measures, the Town's grading and erosion control
ordinance and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
110. STORMWATER DISCHARGE: New buildings [such as food service facilities and/or multi -
family residential complexes or subdivisions] 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, recycling
areas, and/or food compactor enclosures shall not discharge directly to the storm drain
system. Any drains installed in or beneath dumpsters, compactors, and tallow bin areas
serving food service facilities shall be connected [to a grease removal device prior to
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discharging] to the sanitary sewer. The applicant shall contact the local permitting
authority and/or sanitary district with jurisdiction for specific connection and discharge
requirements
111. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed. Any storm drain inlets (public or private) directly connected
to public storm system shall be stenciled/signed with appropriate “NO DUMPING -
Flows to Bay” NPDES required language. On-site drainage systems for all projects shall
include one of the alternatives included in section C.3.i of the Municipal Regional
NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If
dry wells are to be used they shall be placed 10’ minimum from adjacent property line
and/or right of way.
112. 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
R2-2009-074. The plan shall delineate source control measures and BMP’s together
with the sizing calculations. The plan shall be certified by a professional pre -qualified by
the Town. In the event that storm water measures proposed on the Planning approval
differ significantly from those certified on the Building/Grading Permit, the Town may
require a modification of the Planning approval prior to release of the Building Permit.
The applicant may elect to have the Planning submittal certified to avoid this possibil ity.
113. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner (s) or homeowner’s association shall
enter into an agreement with the Town for maintenance of the stormwater filtration
devices required to be installed on this project by Town’s Stormwater Discharge Permit
and all current amendments or modifications. The agreement will specify that certain
routine maintenance shall be performed by the property owner*homeowner’s
association and will specify device maintenance reporting requirements. The
agreement will also specify routine inspection requirements, permits and payment of
fees. The agreement shall be recorded prior to release of any occupancy permits.
114. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right -of-way is cleaned up
on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be
washed into the Town’s storm drains.
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115. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed 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 a special permit is issued by the Engineering Division. The adjacent
public right-of-way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless a
special permit is issued. The developer's representative in charge shall be at the job
site during all working hours. Failure to maintain the public right -of-way according to
this condition may result in the Town performing the required maintenance at the
developer's expense.
116. UTILITY SETBACKS: House foundations shall be set back from utilit y lines a sufficient
distance to allow excavation of the utility without undermining the house foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the project soils engineer, and the type of f oundation.
117. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, or hardscape are
allowed within the easement boundaries, and that maintenance access must be
provided. The Town will prepare the deed language and the Applicant's surveyor shall
prepare the legal description and plat. The Applicant shall pay any recordation costs.
118. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
119. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an
agreement to construct public improvements in accordance with Town Code Section
24.40.020. The applicant shall supply suitable securities for all public improvements
that are part of the development in a form acceptable to the Town in the amount of
100% (performance) and 100% (labor and materials) prior to issuance of any permit.
Applicant shall provide two (2) copies of documents verifying the cost of the public
improvements to the satisfaction of the Engineering Division of the Parks & Public
Works Department.
120. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable
shall be provided prior to recordation of the final map.
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121. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the final map.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
122. FIRE APPARATUS (ENGINE) ACCESS ROAD REQUIRED: Provide access roadways with a
paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet
inside, and a maximum slope of 15%. For installation guide lines refer to Fire
Department Standard Details and Specifications sheet A -1. CFC Sec. 503 as adopted and
amended by LGTC.
123. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: Provide an approved
fire department engine roadway turnaround with a minimum radius of 36 feet outside
and 23 feet inside. Installations shall conform with Fire Department Standard Details
and Specification sheet A-1. Cul-De-Sac Diameters shall be no less than 72 feet. CVC Sec.
503 as adopted and amended by LGTC.
124. PUBLIC FIRE HYDRANT(S) REQUIRED: Provide public fire hydrant(s) at location(s) to be
determined jointly by the Fire Department and San Jose Water Company. Maximum
hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,500 GPM at
20 psi, residual. Fire hydrants shall be provided along required fire apparatus access
roads and adjacent public streets. CFC Sec. 507, and Appendix BB, Table BB105.1 and
Appendix C.
125. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be
installed in one- and two-family dwellings as follows: In all new one- and two-family
dwellings and in existing one- and two-family dwellings when additions are made that
increase the building area to more than 3,600 square feet. Exception: A one -time
addition to an existing building that does not total more than 1,000 square feet of
building area. NOTE: The owner(s), occupant(s) and an y 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 thei r work. CRC Sec. 313.2 as
adopted and amended by LGTC.
Page 26 of 27
126. 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 any 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
the purveyor as having been met by the applicant(s). 2010 CVC Sec. 903.3.5 and Health
and Safety Code 13114.7.
127. GOUND LADDER ACCESS: Ground-ladder rescue from second and third floor rooms shall
be made possible for fire department operations. With the climbing angle of seventy
five degrees maintained, an approximate walkway width along either side of the
building shall be no less than seven feet clear. Landscaping shall not be allowed to
interfere with the required access. CVC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8
through 5.1.9.2.
128. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specifications SI-1.
Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
129. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform to
Local Government Standards and Fire Department Standard Details and Specifications
A-1.
130. TIMING OF INSTALLATION: When fire apparatus access roads or water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved
alterative methods of protection are provide. Temporary street signs shall be installed
at each street intersection when construction of new roadways allows passage by
vehicles in accordance with Section 505.2 CVC Sec. 501.4.
131. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that
is plainly legible and visible from the street or road fronting the property. These
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numbers shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimu m 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 buildings cannot be viewed from the public way, a monument,
pole or other sign or means shall be sued to identify the struct ure. CVC Sec. 505.1.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on __________, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on __________, and
becomes effective 30 days after it is adopted.
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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