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15975 Union Ave - Staff Report & Exhibit 16TOWN OF LOS GATOS ITEM NO: 4 PLANNING COMMISSION STAFF REPORT Meeting Date: March 9, 2016 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT/ CONTACT PERSON: PROPERTY OWNER: APPLICATION SUMMARY: RECOMMENDATION: PROJECT DATA: North East South West Erin Walters, Associate Planner ewalters@losgatosca.gov Subdivision Application M-15-00 1 Architecture and Site Applications S-15-009 through S-15- 011 15975 Un ion Avenue (located at the northwest corner of Union A venue and Blossom Hill Ro ad) Gary Kolhsaat Betchart Union Ave Joint Venture Partnership Requesting approval to demolish an existing single-family residence, subdivide one lot into three lots , construct three new single-famil y residences , and remove large protected trees on property zo ned R-1: 10. APN 523-42-017. DEEMED COMPLETE: February 19 ,20 16 FINAL ACTION TO TAKE ACTION ON SUBDIVISION : April 8 , 2016 ARCHITECTURE AND SITE: August 19 ,2016 Approve, s ubject to conditions General Plan Designation: Low Density Residential Zoning Designation : Applicable Plans & Standards: Parcel Size: Surrounding Area: Existing Land Use Residential Residential Residential Residential R-1 : 10 -Single-Family Residential, 1 0,000-square foot lot minimum General Plan; Residenti a l Design Guidelines; Hill side Development Standards and Guidelines 43 ,103 square feet General Plan Zoning Low Density Residential R-1:8 Low Density Resid ential R-1:10 Hillside HR-1 Low Density Residential R-1: 10 Planning Commission Staff Report -Page 2 15975 Union Avenue/M-15-001 /S-15-009 through S-15-011 March 9, 2016 CEQA: FINDINGS: CONSIDERATIONS: ACTION : EXHIBITS: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions. • As required, pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, this project is Categorically Exempt, Section 15303: New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions. • As required by Section 29.10.09030(e) of the Town Code for the demolition of a single-family residence. • As required by the Residential Design Guidelines that the project complies with the Residential Design Guidelines . • As required by Section 66474 of the Subdivision Map Act if the Planning Commission denies the subdivision application. As required by Section 29.20.150 ofthe Town Code for granting approval of Architecture and Site applications . The decision of the Planning Commission is final unless appealed within ten days. Previously received with the January 27,2016 Staff Report: 1. Location Map (one page) 2. Findings (two pages) 3. Recommended Conditions of Approv al (18 pages) 4. CDAC Meeting Minutes (two pa ges) 5. Project Data Sheets (three pages) 6. Applicant's Letter, received April 10, 2015 (five pages) 7 . Applicant's Summary of Changes, received November 24, 2015 (three pages) 8. Applicant's Arborist Report, received on February I 0, 2015 (34 pages) 9. Town 's Consulting Arborist Report, received on April 3 , 2015 (nine pages) 10. Original Development Plans, received on February 10, 2015 and reviewed by the Town's Consulting Architect (32 pages) 11. Town 's Consulting Architect report , received April 6, 2015 (five pages) Planning Commissi on Staff Report-Page 3 15975 Union Avenue/M -15-001/S-15-009 through S-15-011 March 9, 2016 BACKGROUND: 12 . Drainage Issues and Solutions Memorandum from nearby subdivision (three pages) 13. Public C omments received July 26, 2015 through 1:00 p.m. January 21,2016 (22 pages) 14 . Currently proposed Development Plans, received on November 24,2015 (36 pages) Previously rece ived with the January 27, 2016 Desk Item: 15. Conceptual Layout Off-Site Improvements (one page) Received with this StaffReport : 16. Revised Conditions of Approval ( 18 pages) 17. Applicant 's Letter (three pages) includes Drainage Diagrams, Site Sections, Site Plan, Conceptual Off-Site Improvements and Conceptual Planting Plan (seven pages), received February 19 ,2016 18. Public Comments, received February 1, 2016 through 1 :00 p.m. March 4 , 2016 (four pages) 19. Revised Development Plans, received February 19, 2016 (37 pages) On January 27, 2016, the Planning Commission considered a Subdivision application to subdivide one lot into three lots and three Architecture and Site applications to demolish an existing single-family house and construct three single-family houses with attached garages. The Commission continued the Subdivision and the three Architecture and Site applications to this agenda and directed the applicant to address concerns and questions regarding the following topics: • Site Design • Fire Access and Parking Restrictions • On-site Parking • Shared Driveway • CC&R's • Privacy Between Properties • Improving Site Drainage • Long Term Maintenance of Storm water Treatment Facilities Additionally, the Planning Commission directed staff to an swer traffic and public improvement questions . The responses and analysis are discussed in the body of this report. Planning Commission Staff Report-Page 4 15975 Union Avenue/M-15-001 /S-15-009 through S-15-011 March 9, 2016 ANALYSIS: The applicant submitted a letter and exhibits addressing concerns and questions raised by the Planning Commission (Exhibit 17). Staffhas provided analysis below. A. Site Design and Parking Shared Driveway vs. Flag Lot The Planning Commission and neighbors asked if the project could be a two-lot, flag lot subdivision rather than a three-lot subdivision with a shared driveway. While the applicant could request two lots, instead of three, the proposed three-lot subdivision complies with applicable policies, regulations, and guidelines . The applicant has stated that the project is not viable with only two lots (Exhibit 17). On-Site Parking and Fire Access Concerns were raised regarding the proposed fire truck turnaround on Lot 3, prohibited parking in the driveway in the Lot 3 driveway, and prohibited parking on the shared driveway due to fire access. In response to the Planning Commission's concerns the applicant has modified the site plan to provide additional on-site parking for each lot by relocating the fire truck turnaround from the Lot 3 driveway to the Lot 2 driveway (Exhibit 19, Sheet A4.5). To accommodate the relocated turnaround the house on Lot 2 was shifted over by two feet to the west and four feet, four inches towards Blossom Hill Road providing additional distance between the proposed house and neighbor's house to the north at I 04 Lausen Court (Exhibit 19, Sheet A4.4). By relocating the fire truck turnaround to Lot 2 and recognizing that the fire access parking restrictions will apply to the Lot 2 driveway the applicant has enlarged the driveway. The revised driveway dimensions of Lot 2 will support both the clear and free fire truck turnaround and one additional surface parking space. With the relocation of the fire truck turnaround, Lot 3 can accommodate three guest parking spaces in the driveway. In addition, the applicant has provided two more parking spaces at the western end of the shared driveway which will be designated as shared parking for all three homeowners and their guests. The applicant has also designated one of the surface spaces on Lot 1 to be a shared parking space for all homeowners and their guests. Staffhas included a condition of approval that the Maintenance Agreement will require one surface space on Lot 1 and two surfaces spaces at the end of the shared driveway to be maintained as shared parking spaces for all three property owners and their guests (Condition #58 of Exhibit 16). Planning Commission Staff Report -Page 5 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 March 9, 2016 The revised site plan provides the fire truck turnaround and a total of 17 on-site parking spaces for the three single-family homes which require six parking spaces pursuant to Town Code. The following chart provides the on-site parking summary: On-Site Parking Spaces Required by Additional On-Site Town Code for Provided Parking Provided Single Family Homes Not Required by Town Code Lot 1 2 spaces 3 garage spaces 2 spaces 1 surface space Lot2 2 spaces 3 garage spaces 2 spaces 1 driveway space Lot3 2 spaces 3 garage spaces 4 spaces 3 driveway spaces Shared 0 spaces 3 spaces (one surface at Lot 1 3 spaces and two surface at the end of the shared driveway) Total 6 spaces 17 spaces 11 spaces Keeping Fire Access Clear Concerns were raised regarding the enforcement to keep the driveway and fire tum around free and clear for fire access. The shared driveway and Lot 2's driveway apron with the exception of the surface parking space are required to be signed and marked (Condition #58 of Exhibit 16) for fire access. The requirement to keep these areas clear must be included in the Maintenance Agreement (Condition #58 of Exhibit 16) and Deed Restrictions (Condition #133 of Exhibit 16). The 20-foot width of the shared driveway allows for a fire truck and a car to pass each other. The applicant has modified the plans to add additional surface and guest parking on- site to relieve the need to park on the shared driveway (Exhibit 19, Sheet A4.5). Examples of Developments The Planning Commission requested that the applicant provide examples of projects they have developed with shared driveways with no parking. The applicant has provided five examples of projects they have developed in Redwood City, Palo Alto , San Jose, Menlo Park and Sunnyvale (Exhibit 17). T he applicant has stated that parking enforcement has not been an issue for these sites. Site plans for the examples will be available at th e Planning Commission meeting. Planning Commission Staff Report -Page 6 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 March 9, 2016 Pedestrian Access at Shared Driveway Concerns were raised that the site does not have a sidewalk on the shared drivew ay. The proposed driveway does not require a sidewalk pursuant to Town Code. The driveway is set four feet from the property line and the project includes landscaping and fencing to provide separation from adjacent properties. A curb is also included as part of the project. The width of the driveway allows room for both pedestrians and vehicles to pass (Exhibit 17, Traffic Plan). B. CC&R/Shared Maintenance Agreement Concerns were raised regarding the use of CC&R' s for the project. The applicant has requested to utilize a shared Maintenance Agreement between the three property owners to address and define all responsibilities ofthe owners rather than the use ofCC&R's (Exhi bit 17). The Town Attorney has confirmed that a shared Maintenance Agreement recorded on the deeds would be appropriate for this project. The Maintenance Agreement will be required but not limited to include the following (Condition# 58, Exhibit 16): • Maintenance of the shared driveway • All three property owners to be responsible for keeping the shared driveway signed, marked, and free and clear for fire access • Lot 2 property owner to be responsible for keeping the Lot 2 driveway signed, marked, and free and clear for fire access with the exception of the designated surface parking space • One s urface space on Lot 1 and two surfaces spaces at the end of the shared driveway shall be maintained as shared parking spaces for all three property owners and their guests D eed R estrictions • Maintenance of all private utilities • Maintenance of stormwater treatment facilities • Maintenance of landscape and other common areas • Maintenance of the fences located on th e northern property lin e • Maintenance of wildland and fire buffer areas In addition the Town will require that a deed restriction be recorded for each property requiring all three property owners to be responsible for keeping the shared driveway signed, marked, and free and clear for fire access and requiring the Lot 2 property owner to be responsible for keeping the Lot 2 driveway signed, marked, and free and clear for fire Planning Commission Staff Report-Page 7 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 March 9, 2016 access with the exception ofthe designated surface parking space (Condition #133, Exhibit 16). C. Privacy Fence Height and Privacy Screening The neighbor at 100 Lasuen Court requested a taller fence and landscape screening to address noise and light from Lot 1 's garage. The applicant has addressed this by providing an eight-foot fence along the northern property boundary and providing screening trees along the northern property perimeter (Exhibit 19, Sheet L1). A condition of approval (Condition #9 of Exhibit 16) for the tall shrubs proposed along that fence to be planted at a 24-inch box size has been included to provide landscape screening sooner than if the smaller shrubs were planted. Staff also included a condition of approval that requires an eight-foot tall fence, where it does not interfere with traffic visibility, to help shield light and noise (Condition #14 of Exhibit 16). Fence Maintenance In addition the neighbor at 100 Lasuen Court has requested that the fence on the northern property line be maintained by the property owners of the new development long term. The applicant has addressed this by ensuring that the new fences will be inside the subject property line and the Maintenance Agreement will require maintenance by the new property owners. Staff has included that the Maintenance Agreement will require that fences located along the northern property line will be maintained by the project property owners (Condition #58 of Exhibit 16). D . Drainage Improved Drainage Drainage will be improved after this project is implemented as the project meets the requirements to capture storm water on-site. The project's design will reduce the impact of storm water for adjacent properties by capturing water onsite and facilitating better water flow along the street. The project's proposed stormwater treatment facilities address the neighbor's concerns regarding surface drainage and the presence of the high groundwater table (Exhibit 19, Sheet 6 and 7). The applicant has provided additional exhibits regarding drainage (Exhibit 17, Drainage Cross Section, Existing Drainage Pattern, and Proposed Drainage Pattern). E. Public Improvements and Traffic The applicant 's team and staff met to review the conceptual off-site improvement plan. The applicant has provided a revised Off-Site Improvement Plan (Exhibit 17, Sheet PD-1 ). The Planning Commission Staff Report-Page 8 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 March 9, 2016 plan provides the location and striping of the proposed bike lane on Union Avenue, the future bike lane on Blossom Hill Road, the dedicated right turn lane, the cross walk, and on-street parking along Union A venue and Blossom Hill Road. On January 27,2016, the Planning Commission and members of the public raised questions and concerns regarding traffic at Union A venue and Blossom Hill Road and the proposed off-site improvements. Staffs response is below in italic type. • Can "Keep Clear" be painted in front of Lasuen Court along Union A venue? Staff Response: A "keep clear " pavement marking is not recommended. There was a recent legal case concerning the use of "keep clear" pavement markings. Staff does not recommend painting "keep clear" markings for new intersections due to concerns regarding liability. • Will adding a lane on Union increase or decrease traffic? Staff Response: Adding a lane on Union Avenue will not increase traffic or decrease. The new lane is for right turns onto Blossom Hill Road, which is a movement of lower traffic demand. • Safety concerns were raised regarding the speed on Union A venue. Staff Response: The posted speed limits are 35 mph. Based on field observation, traffic on Union Avenue slows down when approaching Blossom Hill Road to turn left or right. The turning movements will be defined with lane delineation. In addition, there is a traffic signal defining the right of way at the intersection. Staff believes the traffic movements are safe at this location. • Is turning left onto Union from the shared driveway dangerous? Staff Response: This movement is not dangerous. Because of low traffic volumes, residential driveway turning movements are typically not restricted. The primary users of residential driveways are familiar with the traffic conditions and can exercise their due caution entering and exiting the driveways. Typical morning commute hours are 7:00 a.m. to 9:00a.m., assuming six adults leave the driveway in the morning commute hours, it would be an average of one vehicle every 20 minutes. Based on field observation, there are adequate gaps for turning left onto Union Avenue. Periodically residents may need to wait until the end of the green light cycle when Union Avenue traffic is clear. • Concerns were raised regarding traffic backing up along Union A venue during peak hours. Staff Response: During the morning commute hours, the backup on Union Avenue occurs occasionally and more frequently between 8:00a.m. and 8:30a.m. The queue clears out Planning Commission StaffReport-Page 9 15975 Union Avenue/M-15-001 /S-15-009 through S-15-011 March 9, 2016 at the end of the green light cycle and would provide adequate gaps for exiting the driveway. • Safety concerns were raised that new tenant vehicles would need to cross over street parking, two lanes of traffic on Union A venue, and a bike lane to make a left tum onto Blossom Hill Road. Staff Response: The residents will be familiar with the traffic condition and their access opportunities. If there is a backup blocking the driveway, they can wait until the end of the green light cycle when the queue clears. If there is a gap between stopped vehicles, they can choose to exit with caution or wait until the queue clears. • Safety concerns with vehicles turning right from Blossom Hill Road onto Union A venue. Staff Response: The motorists have to slow down and yield at the turn although they are not required to stop. This is a typical situation for right turn movements to the right of a pork-chop island. Staff believes the right turn movements are safe. • What are the alternatives? Staff Response: Right-in right-out for the development if the Planning Commission deems it appropriate. The applicant does not want turning restrictions into or out of the project's shared driveway. • Are bike lanes currently located on Union A venue? Staff Response: Not anywhere on Union Avenue between Los Gatos Almaden Road and Blossom Hill Road. • Could a bike lane be located adjacent to the street parking along Union A venue? This would provide a further buffer between the traffic on Union and the existing homes that front Union A venue. Staff Response: The design standard is that a bike lane be placed between the left turn and right turn lanes. • Which municipality has jurisdiction on Blossom Hill Road for bike path improvements- San Jose or Los Gatos? Staff Response: From Union Avenue west, half of the road on the north side between Francis Oaks and Blossom Dale is within the City of San Jose jurisdiction. The other areas are under the Town 's jurisdiction. Planning Commission StaffReport-Page 10 15975 Union Avenue/M-15-001 /S-15-009 through S-15-011 March 9 , 2016 • Can a bike lane be reserved on Blossom Hill Road as a long term solution? Staff Response: This development provides an opportunity for a future bike lane from Union Avenue to Blossom Dale. Bike lanes can be provided even with permitted parking. With this condition, the bicyclists will have an option ofbypassing the section of Blossom Hill Road between Blossom Dale and Camino Del Cerro through other residential streets. With the pedestrian and bicycle master plan in process, this section of Blossom Hill Road will be reviewed for solutions to include future bike lane opportunities. • Is the parking proposed at Blossom Hill Road needed? Is it safe? Staff Response: The improved roadway will provide adequate width for on-street parking. Parking along this section of Blossom Hill Road is safe and has been permitted along the improved section with no reported accident rates involving on-street parking for the past three years. • Can Blossom Hill Road be striped for parked cars? Staff Response: Yes it could be striped for parking. • How will garbage trucks access the property? Staff Response: The applicant contacted the garbage company and the garbage will be picked up for all three lots at the Union Avenue curb near the entrance of the shared driveway. • Is the proposed six-foot wood property fence at Blossom Hill Road adequate to prevent cars from going through the fence onto the property below (approximate 10 foot grade difference)? Staff Response: The six-foot wood fence is consistent with the existing fences along Blossom Hill Road. The six-foot fence meets pedestrian requirements for safety as required by the Building Code. There is not a design requirement for installation of a guardrail or vehicle barrier at the back of sidewalk except where there is a history of vehicles running off the roadway or if there is a concern of vehicles running off the road, such as a curved roadway. Staff and the applicant's consulting traffic engineer have determined that a guardrail or barrier behind the sidewalk is not necessary. The proposed fence meets the standards. PUBLIC COMMENTS: The Town has received four public comments following the January 27, 2016 Planning Commission meeting (see Exhibit 18). Staffwill be prepared to respond to Planning Commission questions regarding comments at the public hearing. Planning Commission Staff Report -Page 11 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 March 9, 2016 COORDINATION: Planning staff coordinated with the Parks and Public Works Engineering and Traffic divisions, the Town Attorney's Office, and the Santa Clara County Fire Department. SUMMARY AND RECOMMENDATION: A. Summary Staffbelieves the applicant has addressed the Commission's concerns by providing additional on-site parking, moving the house on Lot 2 back further back from the neighbor at 1 00 Lasuen Court, moving the fire truck turnaround to Lot 2, providing neighborhood privacy through the use of an 8-foot fence and landscape screening, providing additional information on the off-site improvements and additional information on the proposed drainage plan. The project improves the drainage for the site and neighbors, complies with the Residential Guidelines as the residences are well designed , are an appropriate size for the lots, and would be compatible with surrounding homes in the immediate neighborhood . The proposed project meets all zoning requirements, and required considerations and for these reasons staff recommends approval of the revised project. B . Recommendation Staff recommends approval ofthe Subdivision and Architecture and Site applications based on the summary above. If the Planning Commission finds merit with the proposed project, it should: 1. Make the required finding pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, that this project is CategoricaJly Exempt, Section 15303 : New Construction or Conversion of Small Structures and Section 15315: Minor Land Divisions; and 2. Make the required findings as required by Section 29.1 0.09030(e) of the Town Code for granting approval of demolition of a single-family residence (Exhibit 2); and 3. Make the finding that the project is in conformance with the Residential Design Guidelines (Exhibit 2); and 4. Do not make any of the findings required by Section 66474 of the Subdivision Map Act to deny the subdivision application ; and 5. Make the required considerations as required by Section 29.20.150 ofthe Town Code for granting approval of Architecture & Site applications (Exhibit 2); and 6. Approve Subdivision Application M-15-001 and Architecture and Site Applications S-15-009 through S-15-0 11 with the conditions contained in Exhibit 16 and development plans attached as Exhibit 19 . Planning Commission Staff Report -Page 12 15975 Union Avenue/M-15-001/S-15-009 through S-15-011 March 9, 2016 ALTERNATIVES: Alternatively, the Commission can: 1. Continue the matters to a date certain with specific direction ; or 2. Approve the applications with additional and/or modified conditions; or 3. Deny the applications. Prepared by: "= Approved by: Erin Walters Joel Paulson, AICP Associate Planner Community Development Director JP:EW :sr cc: Gary Kohlsaat, 51 University A venue, Suite L, Los Gatos, CA 95030 Betchart Union Avenue Joint Venture Partnership, 349 Front Street, Los Altos, CA 94022 N :\DEV\PC REPORTS\20 16\Union 15975 _continu e. 3-9-16.doc x PLANNING COMMISSION-March 9, 2016 CONDITIONS OF APPROVAL 15975 Union A venue Subdivision Application M-15-001 Architecture and Site Applications S-15-009 thr ough S-15-01 1 Requesting approval to demolish an existing single-family residence, subdivide one lot into three lots, construct three new single-family residences, and remove large protected trees on property zoned R-1:10. APN 523-42-017. PROPERTY OWNER: Betchart Union Ave Joint Venture Partnership APPLICANT : Gary Kohlsaat, Architect TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT : Plan ning 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 February 19, 2015. 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 properties. 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 Monarch Consulting Arborists LLC and Deborah Ellis, MS , identified in the Arborist reports , dated as received February 10, 2015 and April3, 2015 , 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 1 0 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. LANDSCAPE SCREENING: Landscape screening shall be planted along all property lines. Shrubs and tall shrubs shall be planted with larger than 5-gallon size plants for faster landscape screening. A minimum 24-inch box size trees shall be planted, including some along the project's western property line, and large size trees shall be considered. 10. 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. 11. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town's demolition inspection. 12 . STORY POLES : The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 13. BLOSSOM HILL ROAD FENCE HEIGHT: Fence height is limited to six feet from grade along Blossom Hill Road. 14 . OTHER FENCE HEIGHT: Fence height for fences not along Blossom Hill Road are limited to eight feet from grade and may not conflict with traffic view areas. 15 . BUILDING PERMIT PLANS: The building permit plans shall include correct calculations for allowable floor areas. The building permit plans shall be consistent between plan sheets, including references for retaining wall and fence details, fence heights, pavers, pipes, and chimneys. The applicant must include this information in the building permit plans prior to issuance of building permits. 16. DRIVEWAY MATERIAL: Stamped concrete shall be used at the driveway entrance and the garage aprons. Stamped concrete at these locations shall be shown on the building permit plans prior to issuance and be installed prior to final of building permits. 17. 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. Building Division 18. PERMITS REQUIRED : A Demolition Permit shall be required for the demolition of the existing single-family residence and associated accessory structures and a Building Permit the construction of each new single-family residence with attached garage. A separate plan set is required for each lot. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 19 . CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans . A Compliance Memorandum shall be prepared and submitted with the Building Permit application detailing how the Conditions of Approval will be addressed. 20. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum size 30" x 42". 21. 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 Town. 22. BUILDING ADDRESSES : Submit requests for new building addresses to the Building Division prior to submitting for the Building Permit application process. 23 . 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. 24. 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 el evation 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 comer locations d. Retaining Walls 25. 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, suitabl e for the installation of grab bars. 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 l-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. 26. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i .e. directly printed, onto a plan sheet. 27. 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. 28. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance or a gas appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of Chimney. 29 . FIRE ZONE: The project requires a Class A Roof assembly. 30. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban High Fire Interface Area and must comply with the materials and construction methods for exterior wildfire exposure requirements of Section R327 of the 2013 California Residential Code. 31. 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 32. 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 Building Division Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at www.losgatosca.gov/building. 33. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development -Planning Division: Erin Walters (408) 354-6867 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 AND PUBLIC WORKS: Engineering Division 34. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 35. 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 approva ls shall be approved by the Town Engineer. 36. 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 affe cted 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. 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. 37. PUBLIC WORKS INSPECTIONS : The DevelopeF 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 inspecti on . 38 . 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, rai sed 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. 39. SITE SUPERVISION : The General Contractor shall provide qualified supervision on the job site at all times during construction. 40. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an encroa chment permit. Special provisions such as limitations on works hours , protective enclosures, or other means to facilitate public access in a safe manner may be required . 41. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 42. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Parcel Map. 43 . 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's 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 fina l "as-built" plans . 44. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 45. 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. 46. 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) shall be made to the Engineering Division of the Parks and Public Works Department located at 41 Miles A venue. 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 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. 47. DRIVEWAY: The driveways conform to existing pavement on Union Avenue shall be constructed such that existing drainage patterns will not be obstructed. 48 . 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 1 00-year flood. 49 . 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. 50. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building permit. 51. 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. 52. 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 foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 53. 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 prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 54. 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. 55. CERTIFIF ATE OF COMPLIANCE : A Certificate of compliance shall be recorded. Two copies of the legal description for each lot configuration, a plat map (8-Vl 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 90 days old and the appropriate fee . The certificate shall be recorded before any permits may be issued. 56. CERTIFICATE OF LOT LINE ADJUSTMENT: A Certificate of Lot Line Adjustment shall be recorded. Two copies of the legal description for each new lot configuration, a plat map (8-Vl in. X 11 in.) and two copies ofthe legal description ofthe land to be exchanged 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 90 days old and the appropriate fee. The certificate shall be recorded before any permits may be issued. 57 . PARCEL MAP: A parcel map shall be recorded. Two copies of the parcel map shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. Submittal shall include closure calculations, title reports and the appropriate fee. The map shall be recorded before any permits for new construction are issued. The Applicant/Subdivider shall provide the Engineering Division with an electronic copy (in PDF format) and two hardcopies of the signed recorded map along with a CAD drawing of the Parcel Map after it is recorded. 58 . SHARED MAINTENANCE AGREEMENT: The Applicant/Subdivider shall record a shared Maintenance Agreement at the time of recordation of the parcel subdivision map. The shared Maintenance Agreement shall be subject to the review and approval of the Town prior to recordation of the parcel map . The owners of the three properties shall be responsible for the maintenance of all private utilities, wildland fire and buffer areas , storm water treatment facilities (including the three bioretention ponds,and bio-treatment swale) landscape areas , the long term maintenance the fences located on the northern boundary line, and other common areas/facilities within the proposed subdivision. The owners of the three properties shall be responsible for keeping the shared driveway signed, marked, free and clear for fire department access. The property owner of Lot 2 shall keep Lot 2 's driveway apron signed, marked, free and clear for fire vehicle turnaround with the exception of the surface parking space. One surface space on Lot 1, and two surface spaces at the end of the shared driveway will be shared parking and available to all property owners and their guests. 59. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivis ion 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 . 60. 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." 61. DEDICATIONS: The following shall be dedicated on the parcel map by separate instrument. The dedication shall be recorded before any permits are issued: a. Union Avenue: A 25-foot right-of-way dedication b. Blossom Hill Road: A 15-foot right-of-way dedication with a 36-foot radius at the intersection with the newly-dedicated right-of-way line of Union Avenue. c . A 3-foot wide sidewalk easement along Union Avenue. d. A reciprocal Ingress & Egress Easement (ISE) by separate easement, recorded concurrently with the Parcel Map. e . Emergency Vehicle Access Easement: A 24-foot wide easement through Lots 1 thru 3, in addition to a 20-foot wide easement for turnaround , as shown on Lot 3. 62. DEMOLITION: The existing building shall be demolished prior to recordation of the parcel map affected by this existing building. 63 . 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. 64. 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 reconunendations 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 reconunend appropriate changes in the reconunendations 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 reconunendations contained in the Geotechnical Investigation by Silicon Valley Soils Engineering, dated November 2014, 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. 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 photometries. 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 owners of the three properties. 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. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Union A venue & Blossom Hill Road: curb, gutter, sidewalk, tie-in paving, signing, striping, storm drainage and sanitary sewers, street lights, traffic signal, intersection improvement, as required. b. Union A venue & Blossom Hill Road: an appropriate structural pavement section for the half-width immediately adjacent to the project frontage of both Union Avenue and Blossom Hill Road shall be constructed to the centerline. 71. 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 ramps , traffic signal, 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. 72. FRONT AGE IMPROVEMENTS (STREET LIGHT): Remove existing street light on PG&E power pole and replace with a Town standard octaflute street light pole with LED light fixture. 73. FRONTAGE IMPROVEMENTS (TRAFFIC): The Applicant shall construct and modify the Blossom Hill Road/Union A venue intersection improvements as required including, and may not be limited to, curb, gutter, sidewalk, asphalt concrete pavement, pork chop island, median island, signs, striping, traffic signal poles, conduits, and equipment, etc., 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. 74. FRONTAGE IMPROVEMENTS (SIGNALIZED INTERSECTION): The Applicant shall upgrade existing traffic signal to current Town standards including, and may not be limited to , the following: a. Replace non-LED signals with LEDs b. Replace 8" signal heads with 12 " signal heads c. Install pedestrian signal countdown heads d. Install ADA compliant pedestrian push buttons e. Install two video detection cameras f. Install LED safety lighting fixture g. Install EMTRAC fire preemption device h. ADA-compliant pedestrian improvements including curb ramps and pork chop islands 1. Others as applicable The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 75. 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. 76. UTILITIES: The Developer shall install all new, relocated , or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27 .50.015(b ). All new utility services shall be placed underground . Underground conduit shall be provided for cable television service. The Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued . 77. 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. 78 . 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. The easement(s) and associated agreement(s) shall be recorded simultaneously with the Parcel Map. 79. 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 of3-inches, meet Town standards, or shall match the existing thickness, whichever is greater. The final lift shall be 1.5- inches ofhalfinch medium asphalt. The initiallift(s) shall be of three quarter 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 his assessment of the quality of the trench paving. If required , the slurry seal shall extend the full width of the street and shall extend 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. 80. SIDEWALK REP AIR: 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 infrastructures 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. 81. 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. All new and existing adjacent infrastructures 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. 82. DRIVEWAY APPROACH: The Developer shall install one Town standard residential driveway approach at the project's vehicular point of entry along Union Avenue. The new driveway approach 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. 83. CURB RAMPS: The Developer shall construct all curb ramps 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. 84. FENCING: Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 85. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, shall abide by Town Code Section 23.1 0.080, 26.1 0.065, 29 .40.030. 86. FENCES: Fences between all adjacent parcels shall be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor's property shall be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors. 87. TRAFFIC IMPROVEMENTS (OFF-SITE IMPROVEMENT): Off-site improvement plans shall be prepared by the Developer's design consultants and submitted to Town Engineer for approval prior to construction. The Applicant is required to designate necessary right of way for the required widening. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 88 . STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Developer shall pay for the Town's inspection of street lights and traffic signal related work installed by the developer. The fees, $2 ,000, shall be due at time of building permit application. 89. TRAFFIC STUDY: Any development ofland use that generates greater traffic impacts than those assumed in the traffic study report may be required an updated traffic study in accordance with Town's traffic impact policy. 90 . TRAFFIC IMPACT MITIGATION FEE: The Developer shall pay the project's proportional share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project shall be calculated from the final plans using the rate schedule and current fee schedule in effect at the time the building permit is issued, using a trip generation rate based on a comparison of the site 's current and proposed uses. 91 . PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the project applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm or digital video camera. The results shall be documented in a report and submitted to the Town for review. 92. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant will complete a pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength. Rehabilitation improvements required to restore the pavement to pre- construction condition and strength shall be determined using State of California procedures for deflection analysis. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued. The Applicant shall be responsible for completing any required road repairs prior to release of the faithful performance bond. 93. 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. 94. TRAFFIC CONTROL PLAN: Traffic control plan is required and must be submitted and approved prior to issuance of 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. 95. TRAFFIC SIGNAL MODIFICATION PLAN : A Traffic Signal Modification Plan is required and must be submitted and approved prior to issuance of any work in the public right-of-way. This plan shall be prepared by a licensed traffic engineer. 96. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00a.m. and 9:00a.m. and between 4:00p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the Developer shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off 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. 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 8:00a.m. to 8:00p.m., weekdays and 9:00a.m. to 7:00p.m. weekends and holidays. The Town may authori ze on a case-by- case basis alternate construction hours . The Applicant/Subdivider shall provide written notice 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 8:00a.m. to 8:00p.m., weekdays and 9 :00a.m. to 7:00p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 99. CONSTRUCTION MANAGEMENT PLAN : Prior to the issuance of any permits, the Applicant shall submit a construction management plan 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 locations. 100. MAINTENANCE ACCESS: Prior to the issuance of any permits, the Applicant shall propose maintenance access improvements for the Town Engineer to review, comment on, and approve. The Engineering Division of the Parks and Public Works Department shall approve the surface materials over each public easement. 101. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site shall be kept open and in a safe, drive-able condition throughout construction and in perpetuity after construction has been completed. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure. 102. WVSD (WEST VALLEY SANITATION DISTRICT): Sanitary Sewer Clean-out shall be installed for each property at the property line, or a location specified by the Town. 103. 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 issuance of a building permit. 104. STORMW A TER MANAGEMENT : Construction activities including but not limited to clearing, stockpiling, grading or excavation ofland, 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. The Applicant is required to provide proof ofWDID# 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 ofthe Parks and Public Works Department and/or Building Department upon request. 105. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material , equipment and/or operations that need protection. Removal ofBMPs (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. I 06 . STORMW ATER DEVELOPMENT RUNOFF: All new development and redevelopment projects are subject to the Storm water 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 in such a way that post-development flows meet or are below pre-development flows. 107. SITE DESIGN MEASURES: All projects shall incorporate the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b . Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use landscaping to treat stormwater. 108 . LANDSCAPING: In finalizing the landscape plan for the biotreatment area, 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 SCVURPPP C.3 Stormwater Handbook. 109. 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 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 ofmost current Santa Clara CountyNPDES 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 (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 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. 110. 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 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 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. 111 . 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. 112. 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 1 0 ' minimum from adjacent property line and/or right-of-way. 113 . STORM WATER MANAGEMENT PLAN : A storm water management plan 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 meas ures 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 possibility. 114. 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 30 days prior to delivery of the material to the job site using the Biotreatment Soil Mix Supplier Certification Statement." 115 . STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment soils provider is required and shall be given to Engineering Division Inspection staff 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 116 . AGREEMENT FOR STORMW A TER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS : The owners of the three properties shall enter into an agreement with the Town for maintenance of the storm water treatment facilities required to be installed on this project by Town's Stormwater Discharge Permit and all current amendments or modifications. The agreement shall specify that certain routine maintenance shall be performed by the owners of the three properties and shall also specify facility maintenance reporting requirements. The agreement shall also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 117 . 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. 118. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 119 . NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The Applicant shall initiate a weekly neighborhood e-mail notification program to provide project status updates. The e-mail notices shall also be posted on a bulletin board placed in a prominent location along the project perimeter. 120. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading , shall be issued simultaneously. 121. COVERED TRUCKS : All trucks transporting materials to and from the site shall be covered. 122 . FUTURE STUDIES: Any post project traffic or parking counts, or other studies imposed by Planning Commission or Town Council shall be funded by the Applicant. 123 . 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 ofthe development in a form acceptable to the Town in the amount of 100% (performance) and I 00% (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 ofthe Engineering Division of the Parks and Public Works Department. 124 . 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 parcel map. 125. ABOVE GROUND UTILITIES : The Applicant shall submit a 75-percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off-street valve boxes, hydrants, site lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 126. 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 parcel map. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 127. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-Urban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7 A . Note that vegetation clearance shall be in compliance with CBC Section 701A.3 .2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. 12 8. 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 any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313 .2 as adopted and amended by LGTC. 129. CONSTRUCTION SITE 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. 130. ADDRESS IDENTIFICATION. New and existing buildings shall have approved address numbers , building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. 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 of0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. CFC Sec. 505.1 131. FIRE DEPARTMENT ACCESS: The minimum clear width of fire department access roads shall be 20 feet. Modifications to the design or width of a fire access road, or additional access road(s) may be required when the fire code official determines that access to the site or a portion thereof may become compromised due to emergency operations or nearby natural or manmade hazards (flood prone areas, railway crossings , bridge failures, hazardous material-related incidents, etc. Refer to SCCFD SD&S A-1 and A-6 , available on our web site www.sccfd.org in the Fire Resources and Services Section, Fire Prevention CFC Chapter 5. 132. FIRE LANE MARKING: Detailed plans showing the location of the lanes may be required . Fire apparatus access roads, driveways and access ways shall not be marked as fire lanes without first obtaining Fire Department approval. Fire lanes shall be identified by red curb marking, signage or roadway surface marking as specified in our SD&S A-6 . CFC Chapter 5. 133. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that requires that the owners of the three properties be responsible for keeping the shared driveway signed, marked, free and clear for fire department access. The property owner of Lot 2 shall keep Lot 2's driveway apron signed , marked, free and clear for fire vehicle turnaround with the exception of the surface parking space. N:\DEV\CON DITIONS\20 16\Unio n 15975-revi sed.docx