Item 2 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMISSION – July 22, 2020
CONDITIONS OF APPROVAL
146 Robin Way
Architecture and Site Application S-19-043
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence on property zoned R-1:10.
APN 532-12-015.
PROPERTY OWNER: Mehrdad & Leila Dehkordi
APPLICANT: Gary Kohlsaat
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2.EXPIRATION: The approval will expire two years from the approval date pursuant to Section
29.20.320 of the Town Code, unless the approval has been vested.
3.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.
4.TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any protected trees
to be removed, prior to the issuance of a building or grading permit.
5.EXISTING TREES: 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.
6.TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permit s and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
7.TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
8.FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
9.ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit where applicable. 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.
10.WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water
Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape
Documentation Package pursuant to WELO is required prior to issuance of a building
EXHIBIT 3
permit. 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. A
completed WELO Certificate of Completion is required prior to final inspection/certificate of
occupancy.
11.SIDE YARD SCREENING: South side fence shall not be less than eight feet in height; and
screening shall be added to the satisfaction of the Community Development Director.
12.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.
13.STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
14.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.
15.COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
16.PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing
single-family residence. A separate Building Permit is required for the construction of the
new single-family residence and attached garage.
17.APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2020, are the 2019 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
18.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.
19.SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
20.REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: 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 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.
21. 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.
22. 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.
23. 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
24. 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.
25. 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.
26. 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.
27. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
28. 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.
29. 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.
30. 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.
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. BLUEPRINT 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 Blueprint 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: (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 & 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 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 a llowed 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.
35. 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.
36. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1
(Construction Plan Requirements) of the Town’s Engineering Design Standards, which are
available for download from the Town’s website.
37. 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 and/or 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.
38. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The
property owner shall enter into an agreement with the Town for all existing and proposed
private improvements within the Town’s right-of-way. The Owner shall be solely
responsible for maintaining the improvements in a good and safe condition at all times and
shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by
the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the
Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or
building permits. Please note that this process may take approximately six to eight (6 -8)
weeks.
39. 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.
40. 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 Inspec tor shall
be completed before the issuance of a certificate of occupancy. 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.
41. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
42. 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.
43. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the Owner
and/or Applicant.
44. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: In the event that,
during the production of construction drawings and/or during construction of the plans
approved with this application by the respective deciding body, it is determined that a
grading permit would be required as described in Chapter 12, Article II (Grading Permit) of
the Town Code of the Town of Los Gatos, an Architecture and Site Application would need
to be submitted by the Owner and/or Applicant for review and approval by the
Development Review Committee prior to applying for a grading permit.
45. DRIVEWAY: The driveway conform to existing pavement on Robin Way shall be constructed
in a manner such that the existing drainage patterns will not be obstructed.
46. 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.
47. 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.
48. PRECONSTRUCTION MEETING: Prior to site work 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.
49. 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.
IMPROVEMENT PLANS:
50. WATER METER: The existing water meter, currently located within the Robin Way right-of-
way, shall be relocated within the property in question, directly behind the public right-of-
way line. The Owner and/or Applicant shall repair and replace to existing Town standards
any portion of concrete flatwork within said right-of-way that is damaged during this
activity prior to issuance of a certificate of occupancy.
51. SANITARY SEWER CLEANOUT: Sanitary sewer cleanout, shall be located within one (1) foot
of the property line per West Valley Sanitation District Standard Drawing 3, or at a location
specified by the Town. The Owner and/or Applicant shall repair and replace to existing
Town standards any portion of concrete flatwork within said right-of-way that is damaged
during this activity prior to issuance of a certificate of occupancy.
52. 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 an d
accepted by the Town before a Certificate of Occupancy for any new building can be issued.
a. Robin Way: 2” overlay from the centerline to the lip of valley gutter, or alternative
pavement restoration measure as approved by the Town Engineer.
53. 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.
54. 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.
55. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee of $12,320 shall be paid prior
to issuance of a grading or building permit. This fee is based on 88 linear feet of curb at
$68.00 per linear foot and 396 square feet of 4.5-foot wide sidewalk at $16.00 per square
foot in accordance with Town policy and the Town’s Comprehensive Fee Schedule. The
final curb and sidewalk in-lieu fee for this project shall be calculated using the current fee
schedule and rate schedule in effect at the time the fee is paid.
56. VALLEY GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing Town
standards any valley gutter damaged now or during construction of this project. All new
and existing adjacent infrastructure must meet Town standards. New valley 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 valley 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.
57. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor’s property will
need to be removed and replaced to the correct location of the boundar y 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.
58. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
59. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
60. NPDES STORMWATER COMPLIANCE: In the event that, during the production of
construction drawings for the plans approved with this application by the Town of Los
Gatos, it is determined that the project will create and/or replace more than 2,500 square
feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects
Worksheet and implementation of at least one of the six low impact development site
design measures it specifies shall be completed and submitted to the Engineering Division
before issuance of a building permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
61. FIRE SPRINKLERS REQUIRED: (As noted on Sheet A-1) 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: One or
more additions made to a building after January 1, 2011 that does not total more than
1,000 square feet of building area. An automatic sprinkler system shall be provided
throughout all new basements regardless of size and throughout existing basements that
are expanded by more than 50%. 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.
62. WATER SUPPLY REQUIREMENTS: (As noted on Sheet A-1) 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. 903.35 and Health and Safety Code 13114.7
63. ADDRESS IDENTIFICATION: (As noted on Sheet A-1) 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 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 sign or means shall be used to
identify the structure. Address numbers shall be maintained. CFC Sec. 505.1
64. CONSTRUCTION SITE FIRE SAFETY: (As noted on Sheet A-1) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification S1-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
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