Attachment 14-Exhibit B - Conditions of ApprovalEXHIBIT B
TOWN COUNCIL – October 17, 2017
CONDITIONS OF APPROVAL
15860-15894 Winchester Boulevard
Architecture and Site Application S-16-023
Subdivision Application M-16-002
Mitigated Negative Declaration ND-16-003
Requesting approval to demolish three existing single-family residences, remove a
second unit, remove large protected trees, and merge four lots for the purposes of
constructing a new two-story office building with below grade and at grade parking
on property zoned O. APNs 529-11-013, -038, -039, and -040.
APPLICANT: Doug Rich, Valley Oak Partners
PROPERTY OWNER: South Beach Partners LLC and Cumulus Capital Holdings LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved and noted as
received by the Town on January 5, 2017. Any changes or modifications to the approved
plans shall be approved by the Community Development Director, the Development
Review Committee, the Planning Commission, or Town Council, depending on the scope
of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properti es. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
The lighting plan shall be reviewed during building plan check.
4. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, MS, identified in the Arborist reports, dated as
received February 12, 2016, June 10, 2016, and July 22, 2016, respectively, on file in the
Community Development Department. A Compliance Memorandum shall be prepared by
the applicant and submitted with the building permit application detailing how the
recommendations have or will be addressed. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit where applicable.
7. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree protection fencing plan with the construction
plans.
8. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being
removed. The number of trees and size of replacement trees shall be determined using
the canopy replacement table in the Town Code. Town Code requires a minimum 24-inch
box size replacement tree. New trees shall be double staked with rubber ties and shall be
planted prior to final inspection and issuance of occupancy permits.
9. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including
landscape and irrigation plans and calculations, shall meet the Town of Los Gatos Water
Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is
more restrictive. The final landscape plan shall be reviewed by the Town’s consultant
prior to issuance of building permits. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
10. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the
developer shall provide the Community Development Director with written notice of the
company that will be recycling the building materials. All wood, metal, glass, and
aluminum materials generated from the demolished structure shall be deposited to a
company which will recycle the materials. Receipts from the company(s) accepting these
materials, noting the type and weight of materials, shall be submitted to the Town prior to
the Town’s demolition inspection.
11. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
12. 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.
13. AIR QUALITY MITIGATION MEASURE AIR-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 Management 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, or otherwise kept dust -
free.
b. All haul trucks designated for removal of excavated soil and demolition debris from
site shall be staged off-site until materials are ready for immediate loading and
removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose materi al off-site shall be
covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged
in areas away from the adjacent residential homes.
e. 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. An on-site track-out control device is also recommended to minimize
mud and dirt-track-out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to 15 mph.
g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
h. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 minutes. Clear signage shall be provided for
construction workers at all access points.
i. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer’s specifications. All equipment shall be checked by a certified visible
emissions evaluator. All non-road diesel construction equipment shall at a minimum
meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part
89, Subpart B, §89.112.
j. Developer shall designate an on-site field supervisor to provide written notification of
construction schedule to adjacent residential property owners and tenants at least
one week prior to commencement of demolition and one week prior to
commencement of grading with a request that all windows remain closed during
demolition, site grading, excavation, and building construction activities in order to
minimize exposure to NOx and PM10. The on-site field supervisor shall monitor
construction emission levels within five feet of the property line of the adjacent
residences for NOx and PM10 using the appropriate air quality and/or particulate
monitor.
k. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The Air District’s phone number shall also be visible to ensure
compliance with applicable regulations.
l. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed 20 mph.
m. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
14. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-1*: Special-status and Migratory Bird
Species. The following avoidance measures shall be required to avoid the project’s
potential effects on special-status and migratory bird species.
a. If noise generation, ground disturbance, vegetation removal, or other construction
activities begin during the nesting bird season (February 1 to August 31), or if
construction activities are suspended for at least two weeks and recommence during
the nesting bird season, then the project developer shall retain a qualified biologist to
conduct a pre-construction survey for nesting birds. The survey shall be performed
within suitable nesting areas on and adjacent to the site to ensure that no active nests
would be disturbed during project implementation. This survey shall be conducted no
more than two weeks prior to the initiation of construction activities. A report
documenting survey results and plan for active bird nest avoidance (if needed) shall be
completed by the qualified biologist and submitted to the Town of Los Gatos for
approval prior to initiation of construction activities. If no active bird nests are
detected during the survey, then construction activities can proceed as scheduled.
However, if an active bird nest of a native species is detected during the survey, then a
plan for active bird nest avoidance shall be prepared to determine and clearly
delineate a temporary protective buffer area around each active nest, with buffer area
size depending on the nesting bird species, existing site conditions, and type of
proposed construction activities. The protective buffer area around an active bird
nest is typically 75-250 feet, determined at the discretion of the qualified biologist and
in compliance with any applicable project permits. To ensure that no inadvertent
impacts to an active bird nest will occur, no construction activities shall occur within
the protective buffer area(s) until the juvenile birds have fledged (left the nest), and
there is no evidence of a second attempt at nesting, as determined by the qualified
biologist.
15. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-2: The applicant shall comply with
the Town of Los Gatos Tree Protection Ordinance and a tree removal permit shall be
obtained from the Town for the removal of any on-site trees that qualify as a protected
tree. No new trees planted on site shall have a trunk diameter of less than 1.5 inches.
Protective construction fencing shall be in place for all retained trees prior to the
commencement of any site work. Any trenching within the dripline of existing trees shall
be hand dug.
16. BIOLOGICAL RESOURCES MITIGATION MEASURE BIO-3: The applicant shall comply with
the recommendations in the arborist report prepared for the proposed project by
Deborah Ellis on February 12, 2016, June 10, 2016, and July 22, 2016.
17. GEOLOGY AND SOILS MITIGATION MEASURE GEO-1: The applicant shall include the
recommendations of the 2015 geotechnical report on all bid and construction documents
to ensure that the recommended standards for development of foundations, subsurface
improvements, etc. are incorporated into the project design and construction. All
foundation and grading plans shall be reviewed by a licensed engineer and approved by
the Town’s engineer.
18. GREENHOUSE GAS EMISSIONS MITIGATION MEASURE GHG-1: The applicant shall include
at least one reserved van-pool parking space; at least two reserved car-pool parking
spaces, and at least four electric charging stations (one of which should be available to a
handicapped space).
19. GREENHOUSE GAS EMISSIONS MITIGATION MEASURE GHG-2: The applicant shall include
solar energy or other alternative energy sources on project plans, providing 15 percent or
more of the project’s energy needs. Plans shall incorporate any combination of the
following strategies to reduce heat gain for 50 percent of the non-roof impervious site
landscape, which includes roads, sidewalks, courtyards, parking lots, and driveways:
shaded within five years of occupancy; paving materials with a Solar Reflectance Index
(SRI) of at least 29; open grid pavement system; and parking spaces underground, under
deck, under roof, or under a building. Any roof used to shade or cover parking must have
an SRI of at least 29 and/or have solar panels.
20. HAZARDS AND HAZARDOUS EMISSIONS MITIGATION MEASURE HZ-1: Prior to the
issuance of a demolition permit, the project applicant shall conduct sampling and testing
of the existing building to determine the extent and presence of asbestos-containing
building materials on the site. If measured levels exceed established thresholds, a work
plan shall be developed and implemented to remove and dispose of the lead -containing
materials in accordance with the established regulations.
21. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
22. PERMITS REQUIRED: A separate Building Permit will be required for the subterranean
parking garage podium structure and a separate Building Permit shall be required for the
two-story office building. The trash enclosure shall also be on a separate permit. These
are combination permits including electrical, mechanical, and plumbing work as
necessary.
23. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
second sheet of the construction plans. A Compliance Memorandum shall be prepared
and submitted with the building permit application detailing how the Conditions of
Approval will be addressed.
24. SIZE OF PLANS: Four sets of construction plans, size 24” x 36” minimum, 30” x 42”
maximum.
25. BUILDING ADDRESS: Submit requests for any building address changes or deletions to the
Building Division prior to submitting for the building permit application process.
26. 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.
27. DEMOLITION REQUIREMENTS: Obtain Building Department Demolition Applications and
Bay Area Air Quality Management District Applications from the Building Department
Service Counter. Once the Demolition Forms have been completed, all signatures
obtained, and written verification from PG&E that all utilities have been disconnected,
return the completed Forms to the Building Department Service Counter with the Air
District’s J# Certificate(s), PG&E verification, and three (3) sets of Site Plans showing all
existing structures, existing utility service lines such as water, sewer, and PG&E. No
demolition work shall be done without first obtaining a Permit from the Town.
28. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall conform to Cal/OSHA regulations.
29. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as specified
in the soils report and that the building pad elevations and on -site retaining wall locations
and elevations have been prepared according to the approved plans. Horizontal and
vertical controls shall be set and certified by a licensed surveyor or registered civil
engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
30. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed) onto a sheet of the plans.
31. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 -inches above the
elevation of the next upstream manhole.
32. FIRE ZONE: This project will require Class A Roof Assemblies.
33. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled-out, signed by all requested
parties, and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at
www.losgatosca.gov/building
34. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara
County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet
24x36) shall be part of the plan submittal as the second or third page. The specification
sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose
Blue Print for a fee.
35. NPDES-C.3 DATA FORMS: Copies of the NPDES C.3 Data Forms (updated based on the final
construction drawings) must be blue-lined in full onto the Plans. In the event that this
data differs significantly from any Planning approvals, the Town may require
recertification of the project’s storm water treatment facilities prior to release of the
Building Permit.
36. GREEN BUILDING STANDARDS: This project must, at a minimum, be in compliance with
the Nonresidential Mandatory Measures of the current California Green Building
Standards Code (CGBSC) and all subsequent Amendments.
a. Bicycle Parking: Per CGBSC Section 5.106.4.1.1 provide twenty (20) permanently
anchored bicycle racks (= 5% of motorized vehicle parking) for short-term bicycle
parking or ten (10) two-bike capacity racks. Per CGBSC Section 5.106.4.2 provide
secure bicycle lockers for twenty (20) bicycles (= 5% of motorized vehicle parking).
Note: Providing showers, changing rooms, and clothes lockers in each building is a
voluntary amenity to be considered.
b. Designated Parking: Per CGBSC Section 5.106.5.2 provide designated parking for any
combination of low-emitting, fuel-efficient, and carpool/van pool vehicles as shown in
Table 5.106.5.2 which equals 8% of the proposed parking or a minimum of 32 spaces.
c. Electric Vehicle Charging Stations: Per CGBSC Section 5.106.5.3, during construction
provide electric vehicle supply equipment and electrical components as listed to
facilitate the future installation of (or provide for during construction) electric vehicle
charging stations. Per CGBSC Table 5.106.5.3.3, 12 electric vehicle charging stations
spaces are required for this project or 3% of the total parking spaces.
37. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be
provided from public transportation stops, accessible parking and accessible passenger
loading zones and public streets or sidewalks to the accessible building entrance that they
serve. The accessible route shall, to the maximum extent feasible, coincide with the route
for the general public. At least one accessible route shall connect all accessible buildings,
facilities, elements and spaces that are on the same site.
38. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking is
provided for the public as clients, guests or employees, shall provide handicap accessible
parking. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking, accessible parking
spaces shall be dispersed and located closest to the accessible entrances.
39. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development/Planning Division: Jocelyn Puga at (408) 399-5706
b. Engineering/Parks & Public Works Department: Mike Weisz at 395-5340
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Bay Area Air Quality Management District: (415) 771-6000
f. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
40. ADVISORY COMMENTS:
a. Allowable Area calculations shall be provided for the subterranean parking garage
podium structure and the two-story office building per California Building Code
Chapter 5.
b. For the exterior deck/balcony, the occupant load will be calculated at 15 square feet
per occupant. Please consider dividing the balconies with permanent railings to limit
the balcony areas to less than 750 square feet in order to avoid the requirement for
two compliant exits in anticipation of unknown future tenant improvement layouts.
c. The exterior exit stairway from the parking garage is less than 10 feet from the
property line. Per 2016 California Building Code Section 1027.5, exterior exit stairways
are required to have a fire separation distance of 10 feet from adjacent property lines.
One possible solution would be to enclose the stairway in a one-hour rated enclosure.
Another option is to move the stairway into the large fan room area.
d. The parking garage exhaust fan vent terminates 10 feet from the adjacent property
line as required. However, per 2016 California Mechanical Code Section 502.2.2, the
fan outlet must terminate 10 feet above the adjoining grade. In order to avoid a
chimney like element at the location shown, an option to consider would be to
provide an exhaust duct across the parking garage ceiling and up through an elevator
lobby chase and up through the rooftop mechanical well.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
41. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right -of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the
end of the day. Dirt and debris shall not be washed into storm drainage facilities. The
storing of goods and materials on the sidewalk and/or the street will not be allowed
unless an encroachment permit is issued by the Engineering Division of the Parks and
Public Works Department. The Developer's representative in charge shall be at the job
site during all working hours. Failure to maintain the public right -of-way according to this
condition may result in the issuance of correction notices, citations, or stop work orders
and the Town performing the required maintenance at the Developer's expense.
42. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
43. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Applicant/Developer to obtain any necessary encroachment permits
from affected agencies and private parties, including but not limited to, Pacific Gas and
Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department
of Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing
any permit.
44. 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 Applicant 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 permit.
45. PUBLIC WORKS INSPECTIONS: The Developer or their representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right -of-way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
46. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of the Developer's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. The Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
47. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
48. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and/or sidewalk requires an encroachment permit. Special provisions such as limitations
on works hours, protective enclosures, or other means to facilitate public access in a safe
manner may be required.
49. 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.
50. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any permits.
51. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Applicant.
52. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading permit application (with grading plans) shall be made to
the Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall loca tion(s),
driveway, utilities and interim erosion control. Grading plans shall list earthwork
quantities and a table of existing and proposed impervious areas. Unless specifically
allowed by the Director of Parks and Public Works, the grading permit will be issued
concurrently with the building permit. The grading permit is for work outside the building
footprint(s). A separate building permit, issued by the Building Department on E. Main
Street, is needed for grading within the building footprint.
53. DRIVEWAY: The driveway conforms to existing pavement on both Winchester Boulevard
and Shelburne Way shall be constructed in a manner such that the existing drainage
patterns will not be obstructed.
54. PARKING RESTRICTIONS AT DRIVEWAYS: On-street parking shall be prohibited within 15
feet of the proposed driveways on both Winchester Boulevard and Shelburne Way to
ensure adequate site distance.
55. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits,
whichever comes first, the Applicant shall: a) design provisions for surface drainage; and
b) design all necessary storm drain facilities extending to a satisfactory point of disposal
for the proper control and disposal of storm runoff; and c) provide a recorded copy of any
required easements to the Town.
56. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
57. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall: top of wall elevations and locations.
b. Toe and top of cut and fill slopes.
58. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of
any site work, the general contractor shall:
a. Along with the project applicant, attend a pre-construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencing any work, and that a copy of the
project conditions of approval will be posted on-site at all times during construction.
59. 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.
60. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two (2)
copies of the legal description for exterior boundary of the merged parcel and 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 closure
calculations, title reports less than ninety (90) days old and the appropriate fee. Th e
certificate shall be recorded before any permits may be issued.
61. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any permits are issued:
a. Winchester Boulevard: A 7-foot width of right-of-way shall be dedicated in fee for
street purposes.
b. Public Service Easement (PSE): A 10-foot wide easement may be required by the
utility companies.
62. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
63. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be
conducted for the project to determine the surface and sub -surface conditions at the site
and to determine the potential for surface fault rupture on the site. The geotechnical
study shall provide recommendations for site grading as well as the design of foundations,
retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility
trenching and pavement sections. All recommendations of the investigation shall be
incorporated into project plans.
64. SOILS REVIEW: Prior to issuance of any permits, the Applicant’s engineers shall prepare
and submit a design-level geotechnical/geological investigation for review and approval
by the Town. The Applicant’s soils engineer shall review the final grading and drainage
plans to ensure that designs for foundations, retaining walls, site grading, and site
drainage are in accordance with their recommendations and the peer review comments.
Approval of the Applicant’s soils engineer shall then be conveyed to the Town either by
letter or by signing the plans.
65. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Applicant’s soils engineer prior to placement of concrete
and/or backfill so they can verify that the actual conditions are as anticipated in the
design-level geotechnical report, and recommend appropriate changes in the
recommendations contained in the report, if necessary. The results of the construction
observation and testing shall be documented in an “as-built” letter/report prepared by
the Applicant’s soils engineer and submitted to the Town before final release of any
occupancy permit is granted.
66. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Preliminary Geotechnical Investigation by Cornerstone
Earth Group, dated September 21, 2015, and any subsequently required report or
addendum. Subsequent reports or addendum are subject to peer review by the Town’s
consultant and costs shall be borne by the Applicant.
67. IMPROVEMENTS AGREEMENT: The Applicant shall enter into an agreement to construct
public improvements that are part of the development in a form acceptable to the Town
in the amount of 100% (performance) and 100% (labor and materials) prior to issuance of
any permit. The Applicant shall provide two (2) copies of documents verifying the cost of
the public improvements to the satisfaction of the Engineering Division of the Parks and
Public Works Department. A copy of the recorded agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department prior to the issuance of
any permit.
68. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town
prior to recordation of a map. The joint trench plans shall include street and/or site
lighting and associated photometrics. A letter shall be provided by PG&E stating that
public street light billing will by Rule LS2A, and that private lights shall be metered with
billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
69. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit.
70. WATER METER: The proposed water meters shall be constructed and installed within the
property in question, directly behind the public right -of-way line.
71. ELECTRICAL CABINET: The existing electrical cabinet, currently located within the
Winchester Boulevard right-of-way, shall be relocated within the property in question,
directly behind the public right-of-way line after the required street dedication. The
Applicant shall repair and replace to existing Town standards any portion of concrete
flatwork within said right-of-way that is damaged during this activity.
72. ELECTRICAL VAULT: The existing electrical vault, currently located within the Winchester
Boulevard right-of-way, shall be relocated within the property in question, directly behind
the public right-of-way line after the required street dedication. The Applicant shall repair
and replace to existing Town standards any portion of concrete flatwork within said right -
of-way that is damaged during this activity.
73. SANITARY SEWER CLEANOUT: The sanitary sewer cleanout proposed along the project’s
Winchester Boulevard frontage shall be constructed and installed within the property in
question, directly behind the public right-of-way line after the required street dedication.
74. 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 contr act, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
a. Winchester Boulevard: New curb, gutter, minimum 5-foot detached sidewalk,
minimum 4-foot park strip, pavement, street lights, tie-in paving, signing striping, and
half-street pavement reconstruction 2-inch grind and overlay along eastern half of
Winchester Boulevard.
b. Shelburne Way: New curb, gutter, minimum 5-foot detached sidewalk, minimum 4-
foot park strip, half-street pavement reconstruction along the southern half of the
roadway, 2-inch grind and overlay along the northern half of the roadway, signing, and
striping.
c. Bicycle lane: The project shall re-stripe Winchester Boulevard along the project
frontage plus necessary conform transition for adding bicycle lanes. The roadway shall
be re-surfaced prior to striping.
d. Pedestrian crosswalk: The project shall provide a corner bulb-out and a striped high-
visibility pedestrian crosswalk crossing Shelburne Way at Winchester Boulevard as
directed by Town Engineer.
e. Street lights: A new Town standard street light shall be installed on Winchester
Boulevard at the corner of Shelburne Way along the project frontage. A new Town
standard street light shall be installed on Shelburne Way along the project frontage
replacing an existing PG&E street light across the project site. The developer shall
coordinate with PG&E for the removal and installation.
75. FRONTAGE IMPROVEMENTS: The Applicant shall be required to improve the project’s
public frontage to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approaches, curb ramp, street lighting
(upgrade and/or repaint) etc. The improvements must be completed and accepted by the
Town before a Certificate of Occupancy for any new building can be issued.
76. ADA COMPLIANCE: The Applicant shall be required to meet all ADA standards, which
must be completed and accepted by the Town before a Certificate of Occupancy for any
new building can be issued. This may require additional construction measures as
directed by the Town.
77. UNDERGROUND PARKING GARAGE DRAINAGE: Water from the underground parking
garage shall not be discharged onto the public street. The Applicant shall design a floor
drainage system for the garage that collects all drainage and conveys runoff to the
sanitary sewer system. Connecting said drainage system to the storm drain system is not
permitted.
78. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain
stormwater runoff to vegetated drainage swales, filter strips, and/or other treatment
devices that can be integrated into required landscaping areas and traffic islands prior to
discharge into the storm drain system and/or public right-of-way. The amount of
impervious area associated with parking lots shall be minimized by utilizing design
features such as providing compact car spaces, reducing stall dimensions, incorporating
efficient parking lanes, and using permeable pavement where feasible. The use of
permeable paving for parking surfaces is encouraged to reduce runoff from the site. Such
paving shall meet Santa Clara County Fire Department requirements and be structurally
appropriate for the location.
79. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable television
service. The Applicant is required to obtain approval of al l proposed utility alignments
from any and all utility service providers before a Certificate of Occupancy for any new
building can be issued. The Town of Los Gatos does not approve or imply approval for
final alignment or design of these facilities.
80. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed
subject to the following requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used.
c. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift
shall be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of
three-quarter (¾) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend five (5) feet beyond the longitudinal limits
of trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion of
slurry seal operations. All pavement restorations shall be completed and approved by
the Inspector before occupancy.
81. SIDEWALK REPAIR: The Developer shall repair and replace to existing Town standards any
sidewalk damaged now or during construction of this project. All new and existing
adjacent infrastructure must meet current ADA standards. Sidewalk repair shall match
existing color, texture and design, and shall be constructed per Town Standard Details.
New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified
that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole
expense and no additional compensation shall be allowed therefore. The limits of
sidewalk repair will be determined by the Engineering Construction Inspector during the
construction phase of the project. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
82. CURB AND GUTTER REPAIR: The Developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. All
new and existing adjacent infrastructure must meet Town standards. New curb and
gutter shall be constructed per Town Standard Details. New concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of
the project. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
83. DRIVEWAY APPROACH: The Developer shall install two (2) Town standard commercial
driveway approaches. The new driveway approaches shall be constructed per Town
Standard Plans and must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. New concrete shall be free of stamps,
logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal
shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore.
84. CURB RAMPS: The Developer shall construct one (1) curb ramp in compliance with ADA
Standards which must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. New concrete shall be free of stamps,
logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall
be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore.
85. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
86. FRONTAGE IMPROVEMENTS (TRAFFIC): The Applicant shall construct improvements
including and may not be limited to signage, striping, curb/gutter/sidewalk, ADA ramps,
pedestrian crosswalk, and street lights as directed by the Town Engineer. The
improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
87. TRANSPORTATION MANAGEMENT PLAN (TDM): The developer shall prepare a
Transportation Demand Management Plan for Town of Los Gatos approval prior to the
issuance of a building permit. The TDM shall include the measures such as bicycle facility
provisions, shower facilities, transit passes and subsidies, carpool incentive, designated
car share parking, and other measures that may be required by Town Engineer. The TDM
shall also include a TDM coordinator and identify the requirement for an annual TDM
effectiveness report to Town of Los Gatos.
88. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s traffic impact policy.
89. TRAFFIC IMPACT MITIGATION FEE: The Developer shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit is issued. The fee shall be paid before issuance of a
building permit. The final traffic impact mitigation fee for this project shall be calculated
from the final plans using the current fee schedule and rate schedule in effect at the time
the building permit is issued, using a comparison between the existing and proposed uses.
This fee is currently estimated in the amount of $273,306 .00.
90. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’s rated gross vehicle
weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of
a street which abuts property in a residential zone without prior to approval from the
Town Engineer.
91. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public streets without
written approval from Town Engineer.
92. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved prior to any work in the public right-of-way. This plan shall include, but not be
limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic flow. All
flag persons shall have the capability of communicating with each other to coordinate
the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
93. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by Town Engineer prior to beginning of any work.
94. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, specify
dates and hours of operation.
95. SCHOL DROP-OFF AND PICK-UP: No construction activities affecting normal traffic flow
shall be permitted during school drop-off and pick-up periods.
96. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of a building permit, the Developer shall work with the Town Building
Department and Engineering Division Inspectors to devise a traffic control plan to ensure
safe and efficient traffic flow under periods when soil is hauled on or off of the project
site. This may include, but is not limited to provisions for the Developer to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand and other
loose debris.
97. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 8:00 p.m.,
weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town may authorize,
on a case-by-case basis, alternate construction hours. The Applicant shall provide written
notice twenty-four (24) hours in advance of modified construction hours. Approval of this
request is at discretion of the Town.
98. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construct ion, alteration or repair activities shall
be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible. The noise level at any point outside
of the property plane shall not exceed eighty-five (85) dBA.
99. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the
Applicant shall submit a construction management plan sheet (full-size) within the plan
set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan,
Project Schedule, site security fencing, employee parking, construction staging area,
materials storage area(s), construction trailer(s), concrete washout(s) and proposed
outhouse location(s). Please refer to the Town’s Construction Management Plan
Guidelines document for additional information.
100. 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. A
Sanitary Sewer Clean-out is required for each property at the property line, or at a
location specified by the Town.
101. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Building Official. The Town
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve as
defined in the Uniform Plumbing Code adopted by the Town and maintain such device in
a functional operation condition. Evidence of West Sanitation District’s decision on
whether a backwater device is needed shall be provided prior to the issuance of a building
permit.
102. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more
which are part of a larger common plan of development which disturbs l ess than one (1)
acre are required to obtain coverage under the construction general permit with the State
Water Resources Control Board. The Applicant is required to provide proof of WDID# and
keep a current copy of the storm water pollution prevention plan (SWPPP) on the
construction site and shall be made available to the Town of Los Gatos Engineering
Division of the Parks and Public Works Department and/or Building Department upon
request.
103. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all materi al, equipment and/or
operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
104. 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 c onditions 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.
105. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is
recommended that the landscape architect ensure that the characteristics of the selected
plants are similar to those of the plants listed for use in bioretention areas in Appendix D
of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Stormwater Handbook.
106. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one (1) acre. A maximum of two (2) weeks is allowed between
clearing of an area and stabilizing/building on an area if grading is allowed during the rainy
season. Interim erosion control measures, to be carried out during construction and
before installation of the final landscaping, shall be included. Interim erosion control
method shall include, but are not limited to: silt fences, fiber rolls (with locations and
details), erosion control blankets, Town standard seeding specification, filter berms, check
dams, retention basins, etc. Provide erosion control measures as needed to protect
downstream water quality during winter months. The grading, drainage, erosion control
plans and SWPPP shall be in compliance with applicable measures contained in the
amended provisions C.3 and C.14 of most current Santa Clara County National Pollutant
Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Monitoring for
erosion and sediment control is required and shall be performed by the Qualified SWPPP
Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by the Construction
General Permit. Stormwater samples are required for all discharge locations and projects
may not exceed limits set forth by the Construction General Permit Numeric Action Levels
and/or Numeric Effluent Levels. A Rain Event Action Plan (REAP) must be developed
forty-eight (48) hours prior to any likely precipitation even, defined by a fifty (50) percent
or greater probability as determined by the National Oceanic and Atmospheric
Administration (NOAA), and/or whenever rain is imminent. The QSD or QSP must print
and save records of the precipitation forecast for the project location area from
(http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and
sampling test data. A rain gauge is required on-site. The Town of Los Gatos Engineering
Division of the Parks and Public Works Department and the Building Department will
conduct periodic NPDES inspections of the site throughout the recognized storm season
to verify compliance with the Construction General Permit and Stormwater ordinances
and regulations.
107. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the Town, or a minimum of three (3)
times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites in order to insure proper contr ol of blowing dust
for the duration of the project. Watering on public streets shall not occur. Streets shall
be cleaned by street sweepers or by hand as often as deemed necessary by the Town
Engineer, or at least once a day. Watering associated with on-site construction activity
shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
108. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
109. SITE DRAINAGE: 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. No improvements
shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
110. STORM WATER MANAGEMENT PLAN: A storm water management shall be included with
the grading permit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-
2015-0049, NPDES Permit No. CAS612008. The plan shall delineate source control
measures and BMPs together with the sizing calculations. The plan shall be certified by a
professional pre-qualified by the Town. In the event that the storm water measures
proposed on the Planning approval differ significantly from those certified on the
Building/Grading Permit, the Town may require a modification of the Planning approval
prior to release of the Building Permit. The Applicant may elect to have the Planning
submittal certified to avoid this possibility.
111. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the
storm water management plan: “The biotreatment soil mix used in all stormwater
treatment landscapes shall comply with the specifications in Attachment L of the MRP.
Proof of compliance shall be submitted by the Contractor to the Town of Los Gatos a
minimum of thirty (30) days prior to delivery of the material to the job site using the
Biotreatment Soil Mix Supplier Certification Statement.”
112. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment
soils provider is required and shall be given to Engineering Division Inspection staff a
minimum of thirty (30) days prior to delivery of the material to the job site. Additionally
deliver tags from the soil mix shall also be provided to Engineering Division Inspection
staff. Sample Certification can be found here:
http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL.
113. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner shall enter into an agreement with the
Town for maintenance of the stormwater filtration devices required to be installed on this
project by the Town’s Stormwater Discharge Permit and all current amendments or
modifications. The agreement shall specify that certain routine maintenance shall be
performed by the property owner and shall specify device maintenance reporting
requirements. The agreement shall also specify routine inspection requirements, permits
and payment of fees. The agreement shall be recorded, and a copy of the recorded
agreement shall be submitted to the Engineering Division of the Parks and Public Works
Department, prior to the release of any occupancy permits.
114. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right -of-way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
115. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and provided
with area drains connected to the sanitary sewer per current NPDES requirements before
a Certificate of Occupancy for any new building can be issued. Connecting said drainage
system to the storm drain system is not permitted.
116. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. All construction shall be diligently supervised by a
person or persons authorized to do so at all times during working hours. The Developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in penalties and/or
the Town performing the required maintenance at the Developer's expense.
117. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Immediately upon approval
of an encroachment permit, the Applicant shall initiate a weekly neighborhood email
notification program to provide project status updates. The email notices shall also be
posted on a bulletin board placed in a prominent location along the project perimeter.
118. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
119. FIRE SPRINKLERS REQUIRED: Approved automatic sprinkler systems in new buildings and
existing buildings and structures shall be provided in the locations described in this
Section or Section 903.2.1 through 9032.18 whichever is the more restrictive. For the
purposes of this Section, firewalls used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations. Note: The owner(s), occupant(s), and any contractor(s) or subcontractor(s)
are responsible for consulting with the water purveyor of record in order to determine if
any modifications or upgrade of the existing water service is required. A State of
California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a
completed permit application, and appropriate fees to this department for review and
approval prior to beginning their work. CFC Section 903.2 as adopted and amended by
LGTC.
120. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water -based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of that system(s)
under consideration will not be granted by this office until compliance with the
requirements of the water purveyor are documented by that purveyor as having been
met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
121. HOSE VALVES/STANDPIPES REQUIRED: Hose valves/standpipes shall be installed as per
the 2013 CFC Sec. 905, or where emergency access has been deemed minimal, shall be
equipped with standpipes designed per NFPA Std. #14, and be equipped with 2 -1/2” inch
hose valves, located within the stair enclosure(s). Note specifically, within parking
structure(s) at stairwells and on podium within courtyard. CFC Sec. 905 as adopted and
amended by CUPMC.
122. FIRE ALARM REQUIREMENTS: A manual fire alarm system shall be installed in Group B
occupancies where one of the following conditions exists: The Group B load is more than
100 persons above or below the lowest level of exit discharge. Alarm systems shall comply
with this code and with the currently adopted edition of NFPA 72 907.2.2 Group B.
123. EMERGENCY RESPONDER RADIO COVERAGE: Emergency responder radio coverage in
new buildings. All new buildings shall have approved radio coverage for emergency
responders within the building based upon the existing coverage levels of the public
safety communication systems of the jurisdiction at the exterior of the building. This
section shall not require improvement of the existing public safety communication
systems.
124. FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS: Fire
protection equipment shall be identified in an approved manner. Rooms containing
controls for air-conditioning systems, sprinkler risers and vales, or other fire detection,
suppression or control elements shall be identified for the use of the fire department.
Approved signs required to identify fire protection equipment and equipment locatio n
shall be constructed of durable materials, permanently installed and readily visible.
125. CONSTRUCTION FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification SI -7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chapter 33.
126. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a p osition that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other signs or means shall be used to identify
the structure. Address numbers shall be maintained. CFC Section 505.1
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