Item 2 - Exhibit 03 - Recommended Conditions of Approval
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PLANNING COMMISSION –October 28, 2020
CONDITIONS OF APPROVAL
101 Broadway
Architecture and Site Application S-20-003
Consider an Appeal of a Development Review Committee Decision Approving a
Request for Demolition of an Existing Single-family Residence and Construction of a
New Single-family Residence Located in the Broadway Historic District on Property
Zoned R-1D:LHP Located at 101 Broadway. APN 510-45-041.
PROPERTY OWNER: ZKJ LLC.
APPLICANT: Jay Plett
PROJECT PLANNER: Sean Mullin
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. SIDING: The new residence shall utilize wood channel lap siding as recommended by the
Historic Preservation Committee.
4. SIDE YARD SCREENING: A fence shall be constructed along the east side property line
adjacent to the neighbor’s patio, with a height not less than 1.33 feet above the neighbor’s
eave line shall be constructed. This fence shall extend a length of not less than 40 feet
centered on the neighbor’s patio, in substantial conformance to that shown in Exhibit A
attached hereto.
5. UPPER-LEVEL TERRACE: The extent of the upper level terrace adjacent to the master
bedroom shall be reduced to be 17 feet away from the east side property line, in substantial
conformance to that shown in Exhibit A attached hereto.
6. ROOF RIDGE: The roof ridge above the master bedroom and master bathroom orientated
north-to-south shall be reduced in height not less than six (6) inches to an elevation not to
exceed 510’-6”. feet, in substantial conformance to that shown in Exhibit B attached hereto.
7. 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.
8. 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.
9. 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.
EXHIBIT 3
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10. 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 permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
11. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
12. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
13. 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
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.
14. 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.
15. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
16. 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.
17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
18. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing
single-family residence and attached garage. A separate Building Permit is required for the
construction of the new single-family residence and attached garage, and an additional
Building Permit for the attached ADU.
19. 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.
20. 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.
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21. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
22. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
23. 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 P G&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.
24. 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.
25. 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.
26. 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
27. 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.
28. 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 wide 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.
29. 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
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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.
30. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
31. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R337 of the 2019 California Residential Code, Public
Resources Code 4291 and California Government Code Section 51182.
32. 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.
33. 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.
34. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an in spection 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.
35. 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.
36. 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
37. 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
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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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
45. 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.
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46. 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.
47. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any grading or building permits.
48. 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.
49. 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.
50. 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 M iles 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.
51. 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
applicable portions of Section II of the Town’s Hillside Development Standards and
Guidelines.
52. DRIVEWAY: The driveway conform to existing pavement on Broadway shall be constructed
in a manner such that the existing drainage patterns will not be obstructed.
53. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement permits, 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.
54. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a grading permit/building permit.
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55. 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.
56. PRECONSTRUCTION MEETING: Prior to 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.
57. 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.
58. SOILS REPORT: One electronic copy (PDF) 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.
59. 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.
60. 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 t heir
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).
61. 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
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Owner and/or Applicant’s soils engineer and submitted to the Town before a certificate of
occupancy is granted.
62. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geologic and Geotechnical Study by C2EARTH, Inc.,
dated February 14, 2020, 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.
63. WATER METER: The existing water meter, currently located within the Broadway 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.
64. 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 before the issuance of any grading or
building. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
a. Broadway: Curb and gutter, Town standard residential driveway, 2” overlay from the
centerline to the southern edge of pavement, or alternative pavement restoration
measure as approved by the Town Engineer.
65. 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.
66. 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, driveway approach, pavement, raised pavement markers,
thermoplastic pavement markings, 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.
67. UTILITIES: The Owner and/or Applicant shall install all new, relocated, or temporarily
removed utility services, including telephone, electric power and all other communicati ons
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.
68. 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.
69. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
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review and approval by the Town Engineer prior to the issuance of an encroachment,
grading or building permit.
70. 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. Cover all
trucks hauling soil, sand and other loose debris.
71. 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 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, holidays excluded. 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.
72. 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.
73. 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 Project Schedule, employee parking, construction staging area, materials
storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse
location(s). Please refer to the Town’s Construction Management Plan Guidelines
document for additional information.
74. 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.
75. 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.
76. EROSION CONTROL: Interim and final erosion control plans shall be prepared an d 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
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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.
77. 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.
78. 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.
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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. Please provide the BAAQMD’s
complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR (6367).
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.
79. 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.
80. 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. Stormwater treatment facilities shall be
placed a minimum of ten (10) feet from the adjacent property line and/or r ight-of-way.
Alternatively, the facility(ies) may be located with an offset between 5 and 10 feet from the
adjacent property and/or right-of-way line(s) if the responsible engineer in charge provides
a stamped and signed letter that addresses infiltration and states how facilities,
improvements and infrastructure within the Town’s right-of-way (driveway approach, curb
and gutter, etc.) and/or the adjacent property will not be adversely affected. No
improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream
or down slope property.
81. 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.
82. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a pe rson 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.
83. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
84. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
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TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
85. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review to
determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
86. 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: 1) 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 SF whether by increasing the area
of the primary residence or by creation of an attached Accessory Dwelling Unit. 2) In all new
basements and in existing basements that are expanded by more than 50%. 3) In all
attached ADUs, additions or alterations to an existing one- and two-family dwelling that
have an existing fire sprinkler system. Exceptions: 1) 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 and meets all access and water supply requirements of Chapter 5 and Appendix B and
C of the 2019 California Fire Code.
87. 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). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
88. 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 sign or means shall be used to identify the structure.
Address numbers shall be maintained. CFC Sec. 505.1.
89. CONSTRUCTION SITE FIRE SAFETY: 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.