Item 3 - Exhibit 03 - Recommended Conditions of Approval
EXHIBIT 3
PLANNING COMMISSION – October 28, 2020
CONDITIONS OF APPROVAL
15415 National Avenue
Subdivision Application M-18-008
Requesting Approval for Subdivision of One Lot into Two Lots on Property Zoned
R-1:8 Located at 15415 National Avenue. APN 424-12-006. Subdivision Application
M-18-008.
PROPERTY OWNER: Ramya Muddada
APPLICANT: Kurt B. Anderson
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. EXISTING STRUCTURES: Existing accessory structures shall be demolished or relocated
prior to recordation of the parcel map.
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. 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.
6. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
7. PERMITS REQUIRED: A separate Demolition Permit is required for the demolition of each
individual existing structure as outlined in the drawings provided with this application.
8. 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
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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.
9. 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
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
10. 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.
11. PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council
shall be funded by the Owner/Applicant.
12. GENERAL: The Owner/Applicant shall comply with all Town, County, State and Federal
laws and regulations applicable to this land division. No other proposed development is
included in this particular application of the Certificate of Compliance. Issuance of a
Certificate of Compliance will acknowledge the Town’s acceptance of the parcel as legally
created in accordance with the Subdivision Map Act. Any subsequent development will
be required to demonstrate compliance with the Town Development Standards and
Codes.
13. PARCEL MAP: A parcel map shall be recorded. Two (2) hardcopies and an electronic copy
of the parcel map shall be submitted to the Engineering Division of the Parks and Public
Works Department for review and approval. Submittal shall include closure calculations,
title reports and the appropriate fee. The map shall be recorded prior to the issuance of
any grading or building permits. The Owner/Applicant shall provide the Engineering
Division with an electronic copy (in PDF format) of the signed recorded map along with a
CAD drawing of the Parcel Map after it is recorded.
14. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity
fees shall be paid either immediately prior to the recordation of any subdivision maps
with respect to the subject property or properties or immediately prior to the issuance of
a sewer connection permit, which ever event occurs first. Written confirmation of
payment of these fees shall be provided prior to map recordation.
15. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any grading or building permits are
issued:
a. National Avenue: The ten (10) feet within the subject property located
immediately adjacent to the National Avenue right-of-way shall be dedicated in
fee.
EXHIBIT 3
b. Public Service Easement (PSE): Five (5) feet wide, next to the National Avenue
right-of-way dedication as described above.
c. Ingress-egress, storm drainage, sanitary sewer, and utility easements for Parcel 2
as shown on the Proposed Lot Subdivision plans, dated October 5, 2018, as
required.
16. WATER METER: The existing water meter, currently located within the National Avenue
right-of-way, shall be relocated within the property in question, directly behind the public
right-of-way line. The Owner/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.
17. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Developer.
Plans for those improvements shall be prepared by a California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance
Security and Labor & Materials Security before the recordation of a map. The
improvements must be completed and accepted by the Town before the issuance of any
subsequent grading or building permits unless otherwise allowed by the Town Engineer.
a. National Avenue: Curb, gutter, sidewalk, street lights, tie-in paving, signing,
striping, storm drainage and sanitary sewers, as required.
b. Remove and replace the existing pavement section along the project frontage
with a traffic-appropriate engineered structural pavement section from centerline
to the edge of pavement on the project (west) side, or alternative pavement
rehabilitation measures as approved by the Town Engineer.
18. 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.
19. FRONTAGE IMPROVEMENTS: The Developer 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, signs, pavement, raised pavement
markers, thermoplastic pavement markings, storm drain facilities, street lighting (upgrade
and/or repaint) etc. Plans for the improvements must be approved by the Town prior to
the issuance of any grading or building permits. The improvements must be compl eted
and accepted by the Town before the issuance of any grading or building permits unless
otherwise allowed by the Town Engineer.
20. DRIVEWAY APPROACH: The Owner/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.
21. FRONTAGE IMPROVEMENTS (TRAFFIC): The Developer shall construct improvements
including and may not be limited to signage, striping, curb/gutter/sidewalk, and street
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lights, at the project frontage as directed by the Town Engineer. Plans for the
improvements approved by the Town and the improvements themselves must be
completed and accepted by the Town before the issuance of any grading or building
permits unless otherwise allowed by the Town Engineer.
22. 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. Proposed modification of
any utility pole locations will require the undergroundin g of affected overhead utility
lines. The Town of Los Gatos does not approve or imply approval for final alignment or
design of these facilities.
23. SUBDIVISION IMPROVEMENT AGREEMENT: The Owner/Applicant shall enter into an
agreement to construct public improvements in accordance with Town Code Section
24.40.020. The Owner/Applicant shall supply suitable securities for all public
improvements that are part of the development in a form acceptable to the Town in the
amount of 100% performance and 100% labor and materials prior to the issuance of any
encroachment permit. The Owner/Applicant shall provide two (2) copies of documents
verifying the cost of the public improvements to the satisfaction of the Engineering
Division of the Parks and Public Works Department. A copy of the executed agreement
shall be submitted to the Engineering Division of the Parks and Public Works Department
prior to the issuance of any encroachment permit.
24. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the Parcel map. A copy of the
recorded agreement(s) shall be submitted to the Engineering Division of the Parks an d
Public Works Department prior to the issuance of any permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
25. 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.
26. Additional conditions shall be generated during further development of the parcels.
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