Item 2 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – January 8, 2020
CONDITIONS OF APPROVAL
15365 Santella Court
Architecture and Site Application S-18-052
Requesting approval for construction of a new single-family residence and removal of
large protected trees on a vacant property zoned HR-2 1/2:PD.
APN 527-09-036.
PROPERTY OWNER: Christian and Hellen Olgaard
APPLICANT: Hari Sripadanna
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 November 15, 2019. 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.EXTERIOR COLOR: The exterior colors of the house shall not exceed an average light
reflectivity value of 30 and shall blend with the natural vegetation in conformance with
the approved PD Ordinance 2237.
5.LRV DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction
shall be recorded by the applicant with the Santa Clara County Recorder’s Office that
requires all exterior colors to be maintained in conformance with the approved PD
Ordinance.
6.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.
7.MAINTENANCE AGREEMENT: Following the issuance of a certificate of occupancy, the
property owner shall execute a five-year maintenance agreement with the Town that
the property owner agrees to protect and maintain the trees shown to remain on the
approved plans, trees planted as part of the tree replacement requirements, and
guarantees that said trees will always be in a healthy condition during the term of the
maintenance agreement.
8.TREE DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall
be recorded by the applicant with the Santa Clara County Recorder’s Office that
identifies the on-site trees that were used to provide screening in the visibility analysis
EXHIBIT 3
and requires their replacement if they die or are removed.
9. 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.
10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Richard Gessner, identified in the Arborist report, dated as
received November 29, 2018, and the supplemental Arborist report, dated as received
August 20, 2019, 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.
11. 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.
12. 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.
13. LANDSCAPE PLAN: The final landscape plan shall comply with the Hillside Development
Standards and Guidelines criteria for planting (ornamental planting shall be confined to
areas within 30 feet of the house, inclusive of decks, patios and driveway).
14. 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.
15. BMP IN-LIEU FEE: A Below Market Price (BMP) in-lieu fee (6% of the building valuation
as determined by the Building Official) shall be paid by the developer prior to issuance
of an occupancy permit for the new residence.
16. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
17. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
18. 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.
19. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
20. PERMITS REQUIRED: A Building Permit is required for the construction of the new single-
family residence and attached garage. Additional Building permits will be required for
all detached structures such as swimming pools and retaining walls supporting a
surcharge.
21. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California
Code of Regulations Title 24, Parts 1-12. These codes are applicable on Building
Applications up to December 20, 2019. Effective January 1, 2020 the 2019 California
Building Standard Code, California Code of Regulations Title 24, Parts 1-12, as amended
by the Town of Los Gatos, will be applicable.
22. 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.
23. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the
Building Division prior to submitting for the building permit application process.
24. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”,
maximum size 30” x 42”.
25. 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.
26. SHORING: Shoring plans and calculations will be required for all excavations which
exceed five (5) feet in depth or which remove lateral support from any existing building,
adjacent property, or the public right-of-way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall confirm to the Cal/OSHA
regulations.
27. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project Building Inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the Soils Report, and that the building pad elevations and on-site retaining
wall locations and elevations have been prepared according to the approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
28. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
29. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at
water closets, showers, and bathtubs, located 34 inches from the floor to the
center of the backing, suitable for the installation of grab bars if needed in the
future.
b. All passage doors shall be at least 32-inch doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level
landing, no more than 1 inch out of plane with the immediate interior floor level
and with an 18 inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
30. 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.
31. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut
within 10 feet of chimneys.
32. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
33. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface
High Fire Area and must comply with Section R337 of the 2016 California Residential
Code, Public Resources Code 4291 and California Government Code Section 51182.
34. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California
licensed Landscape Architect in conformance with California Public Resources Code
4291 and California Government Code Section 51182.
35. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape
Architect certifying the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code Section
51182.
36. 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.
37. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) 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.
38. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
39. 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 Owner and/or Applicant'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 Owner
and/or Applicant's expense.
40. APPROVAL: This application shall be completed in accordance with all 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.
41. PRIOR APPROVALS: All conditions per prior approvals (including Ordinance 2147, etc.)
shall be deemed in full force and affect for this approval.
42. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use
or occupancy of any non-residential condominium space, the buyer or the new or
existing occupant shall apply to the Community Development Department and obtain
approval for use determination and building permit and obtain inspection approval for
any necessary work to establish the use and/or occupancy consistent with that
intended.
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 Owner/Applicant 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. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
the Town on a yearly basis. In addition to general coverage, the policy must cover all
elements encroaching into the Town’s right-of-way.
45. PUBLIC WORKS INSPECTIONS: The Owner and/or Applicant 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 any work that
occurred without inspection.
46. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner and/or Applicant or their
representative shall repair or replace all existing improvements not designated for
removal that are damaged or removed because of the Owner and/or Applicant or their
representative'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 restoration of all improvements identified by the
Engineering Construction Inspector shall be completed before the issuance of a
certificate of occupancy. The Owner and/or Applicant or their representative 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 CLOSURE: Any proposed blockage or partial closure of the street 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 associated with the Grading Permit shall be
deposited with the Engineering Division of the Parks and Public Works Department prior
to the commencement of plan check review.
50. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any grading or building permits.
51. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The
Owner and/or Applicant’s project engineer shall notify, in writing, the Town Engineer at
least seventy-two (72) hours in advance of all the proposed changes. Any approved
changes shall be incorporated into the final “as-built” plans.
52. 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 studies imposed by the Planning Commission or
Town Council shall be funded by the Owner and/or Applicant.
53. 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). After the preceding Architecture and Site Application has been
approved by the respective deciding body, the grading permit application (with grading
plans and associated required materials and plan check fees) shall be made to the
Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall
location(s), driveway, utilities and interim erosion control. Grading plans shall list
earthwork quantities and a table of existing and proposed impervious areas. Unless
specifically allowed by the Director of Parks and Public Works, the grading permit will be
issued concurrently with the building permit. The grading permit is for work outside the
building footprint(s). Prior to Engineering signing off and closing out on the issued
grading permit, the Owner/Applicant’s soils engineer shall verify, with a stamped and
signed letter, that the grading activities were completed per plans and per the
requirements as noted in the soils report. A separate building permit, issued by the
Building Department, located at 110 E. Main Street, is needed for grading within the
building footprint.
54. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after/occur during the rainy season,
as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April
15), has ended.
55. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading
activities and operations shall be in compliance with Section III of the Town’s Hillside
Development Standards and Guidelines. All development shall be in compliance with
Section II of the Town’s Hillside Development Standards and Guidelines.
56. DRIVEWAY: The driveway conform to existing pavement on Santella Court shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
57. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall
be the sole responsibility of the Owner and/or Applicant to obtain any and all proposed
or required easements and/or permissions necessary to perform the grading herein
proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
58. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits,
whichever comes first, the Owner and/or 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.
59. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
60. 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.
61. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or
the commencement of any site work, the general contractor shall:
a. Along with the Owner and/or 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.
62. RETAINING WALLS: A building permit, issued by the Building Department, located 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.
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. 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.
65. SOILS REVIEW: Prior to Town approval of a development application, the Owner and/or
Applicant’s engineers shall prepare and submit a design-level geotechnical and
geological investigation for review by the Town’s consultant, with costs borne by the
Owner and/or Applicant, and subsequent approval by the Town. The Owner and/or
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 Owner and/or Applicant’s soils engineer shall then be conveyed to the Town either
by submitting a Plan Review Letter prior to issuance of grading or building permit(s).
66. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations
and grading shall be inspected by the Owner and/or 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 Owner and/or Applicant’s soils engineer and submitted to the Town
before a certificate of occupancy is granted.
67. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design-level geotechnical/geological
investigation as prepared by the Owner and/or Applicant’s engineer(s), and any
subsequently required report or addendum. Subsequent reports or addendum are
subject to peer review by the Town’s consultant and costs shall be borne by the Owner
and/or Applicant.
68. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any grading or building permits are issued:
a. A Private Ingress Egress Easement (PIEE), twenty (20) feet in width, for the benefit
of the neighboring Lot 8 to the west (15371 Santella Court; APN 527-09-035).
b. Storm drainage and sanitary sewer easements, as required.
69. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Owner
and/or Applicant. 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 any grading or building permits 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. Santella Court: 2” overlay from the middle of the cul-de-sac to the northern lip of
gutter, or alternative pavement restoration measure as approved by the Town
Engineer.
70. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town’s right-of-way have been
completed and approved by the Town.
71. FRONTAGE IMPROVEMENTS: The Owner and/or Applicant shall be required to improve
the project’s public frontage (right-of-way line to centerline and/or to limits per the
direction of the Town Engineer) to current Town Standards. These improvements may
include but not limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s),
signs, pavement, raised pavement markers, thermoplastic pavement markings, storm
drain facilities, traffic signal(s), street lighting (upgrade and/or repaint) etc. The
improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
72. UTILITIES: The Owner and/or Applicant 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 Owner and/or Applicant is required to obtain approval
of all proposed utility alignments from any and all utility service providers before a
Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does
not approve or imply approval for final alignment or design of these facilities.
73. 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. A new private access easement 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 issuance of a grading or
building permit. A realigned access driveway shall be completed prior to the issuance of
grading or building permit.
74. CURB AND GUTTER REPAIR: The Owner and/or Applicant 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.
75. DRIVEWAY APPROACH: The Owner and/or Applicant shall install one (1) Town standard
residential driveway approach. 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.
76. 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.
77. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building or grading
permits, the Owner/Applicant 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 any grading or 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.
78. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any grading or building
permit, the Owner and/or Applicant shall complete a pavement condition survey
documenting the extent of existing pavement defects using a smartphone video (in
Landscape orientation only) or digital video camera. The survey shall extend through the
Highlands of Los Gatos, from entry to the end of the Santella Court cul-de-sac. The results
shall be documented in a report and submitted to the Town for review.
79. POSTCONSTRUCTION PAVEMENT SURVEY: The Owner and/or Applicant shall complete a
pavement condition survey to determine whether road damage occurred as a result of
project construction. 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 Owner and/or Applicant shall be responsible for
completing any required road repairs prior to release of the faithful performance bond.
80. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-
of-way will only be allowed if it does not cause access or safety problems as determined
by the Town.
81. 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 grading or building permit, the Owner and/or Applicant or their
representative 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 Owner and/or Applicant 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.
82. CONSTRUCTION HOURS: All 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 Owner and/or
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.
83. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall
be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible. The noise level at any point outside
of the property plane shall not exceed eighty-five (85) dBA.
84. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’s design consultant shall submit a
construction management plan sheet (full-size) within the plan set that shall incorporate
at a minimum the Earth Movement Plan, Project Schedule, employee parking,
construction staging area, materials storage area(s), concrete washout(s) and proposed
outhouse location(s). Please refer to the Town’s Construction Management Plan
Guidelines document for additional information.
85. WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each
property at the property line, within one (1) foot of the property line per West Valley
Sanitation District Standard Drawing 3, or at a location specified by the Town.
86. 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.
87. BEST MANAGEMENT PRACTICES (BMPs): The Owner and/or Applicant is responsible for
ensuring that all contractors are aware of all storm water quality measures and that such
measures are implemented. Best Management Practices (BMPs) shall be maintained and
be placed for all areas that have been graded or disturbed and for all material, equipment
and/or operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
88. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the stormwater development runoff requirements. The Owner
and/or Applicant or their design consultant 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.
89. REGULATED PROJECT: The project is classified as a Regulated Project per Provision C.3.b.ii.
and is required to implement LID source control, site design, and stormwater treatment
on-site in accordance with Provisions C.3.c. and C.3.d..
90. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following
measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
91. GREEN ROOF: A Green roof may be considered biotreatment systems that treat roof
runoff only if they meet certain minimum specifications. The green roof system planting
media shall be sufficiently deep to provide capacity within the pore space of the media
for the required runoff volume specified by Provision C.3.d.i.(1), in addition to supporting
the long-term health of the vegetation selected for the green roof, as specified by a
landscape architect or other knowledgeable professional.
92. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous
domestic waste materials to be deposited in such a manner or location as to constitute a
threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay.
Unlawful discharges to storm drains include, but are not limited to: discharges from
toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment
cleaning or vehicle cleaning.
93. 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
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 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.
94. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the Town, or a minimum of three (3)
times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites in order to insure proper control of blowing dust
for the duration of the project. Watering on public streets shall not occur. Streets shall
be cleaned by street sweepers or by hand as often as deemed necessary by the Town
Engineer, or at least once a day. Watering associated with on-site construction activity
shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
95. AIR QUALITY: 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 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 material 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, or as deemed
appropriate by Town Engineer. 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 fifteen (15) miles per
hour.
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. 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 forty-eight (48) hours. The Air District’s phone number
shall also be visible to ensure compliance with applicable regulations.
i. All excavation, grading, and/or demolition activities shall be suspended when
average wind speeds exceed twenty (20) miles per hour.
j. 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.
96. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups,
dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
97. 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.
98. WATER FEATURES: New swimming pools, hot tubs or spas shall have a connection to the
sanitary sewer system, subject to West Valley Sanitation District’s authority and
standards, to facilitate draining events. Discharges from these features shall be directed
to the sanitary sewer and are not allowed into the storm drain system.
99. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. 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. No improvements shall
obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
100. 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 Owner and/or Applicant may elect to have
the Planning submittal certified to avoid this possibility.
101. 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.
102. 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.
103. 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 Owner and/or
Applicant'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 Owner and/or
Applicant's expense.
104. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
105. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
106. 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
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 313.2 as adopted and amended by LGTC.
107. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that purveyor.
Such requirements shall be incorporated into the design of any water-based fire
protection systems, and/or fire suppression water supply systems or storage containers
that may be physically connected in any manner to an appliance capable of causing
contamination of the potable water supply of the purveyor of record. Final approval of
the system(s) under consideration will not be granted by this office until compliance with
the requirements of the water purveyor of record are documented by that purveyor as
having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code
13114.7
108. 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.
109. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIREMENT: Provide an
approved fire department engine driveway turnaround with a minimum radius of 36 feet
outside and 23 feet inside. Maximum grade in any direction shall be a maximum of 5%.
Installations shall conform with Fire Department Standard Details and Specifications D-1.
CRF Sec. 503.
110. FIRE APPARATUS (Engine) ACCESS DRIVEWAY REQUIRED: Provide an access driveway with
a paved all-weather surface, a minimum unobstructed width of 12 feet, vertical clearance
of 13 feet 6 inches, and a maximum slope of 15%. Installations shall conform to the Fire
Department Standard Details Specifications D-1 and CFC Section 503. The proposed
driveway slope of 17.2% exceeds the maximum of 15% and has received approval for a
variance from the Fire Marshal’s Office on 04/18/18.
111. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-
Urban Interface Fire Area. The building construction shall comply with the provisions of
Section R327 of the California Residential Code or the California Building Code (CBC)
Chapter 7A., as applicable. 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.
112. 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. 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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