Item 3 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – February 13, 2019
CONDITIONS OF APPROVAL
17020 Los Cerritos Drive
Architecture and Site Application S-16-065
Requesting approval for site improvements requiring a grading permit on property
zoned HR-1. APN 532-21-012 and -013
PROPERTY OWNER: Sandy Campbell
APPLICANT: Glenn Katz
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.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.
4.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.
5.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.
6.TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
7.FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
8.ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report dated as received November 23,
2016, prepared by Deborah Ellis, for the project on file in the Community Development
Department. These recommendations must be incorporated in the building permit plans,
and completed prior to issuance of a building permit where applicable.
9.LANDSCAPE PLAN: Prior to issuance of a building permit a landscape plan shall be
provided and be incompliance with the Hillside Development Standards and Guidelines.
10.WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever is more restrictive. A review fee based on the current fee schedule
adopted by the Town Council is required when working landscape and irrigation plans are
submitted for review.
11.TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
EXHIBIT 3
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.
12. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
13. PERMITS REQUIRED: A Building Permit is required for all retaining walls that support a
surcharge.
14. 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.
15. 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.
16. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
17. 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.
18. 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.
19. 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
20. 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.
21. 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.
22. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-7593
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. Santa Clara County Environmental Health Department: (408) 918-3479
f. Local School District: The Town will forward the paperwork to the appropriate school
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
23. GENERAL: 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 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 Applicant's
expense.
24. APPROVAL: This application shall be completed in accordance with all of 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.
25. 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.
26. PUBLIC WORKS INSPECTIONS: The 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 work that went on without
inspection.
27. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed because
of the Applicant'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 Applicant shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
28. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
29. 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.
30. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Town prior to plan review at the Engineering Division of the Parks and Public
Works Department.
31. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any permits.
32. 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 studies imposed by Planning
Commission or Town Council shall be funded by the Applicant.
33. 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.
34. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after the rainy season, as defined by
the State Water Resources Control Board (October 1-April 30), has ended.
35. 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.
36. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading or building permits,
whichever comes first, the Applicant shall: a) design provisions for surface drainage; and
b) design all necessary storm drain facilities extending to a satisfactory point of disposal
for the proper control and disposal of storm runoff; and c) provide a recorded copy of any
required easements to the Town.
37. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit.
38. 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.
39. PRECONSTRUCTION MEETING: Prior to the commencement of any site work, the general
contractor shall:
a. Along with the project applicant, attend a pre-construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site maintenance
and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them 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.
40. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading permit plan review
process.
41. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any grading or building permits are issued:
a. Private Ingress/Egress Easement (PIEE): A private ingress/egress easement across the
northern parcel, APN 532-21-12 (Parcel “A”, Book 208 of Maps, Page 47) in favor of the
southern parcel, APN 532-21-013 (Parcel “B”).
42. 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.
43. 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 retaining
walls, excavation, and drainage. All recommendations of the investigation shall be
incorporated into project plans.
44. SOILS REVIEW: Prior to Town approval of a development application, the Owner 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 or
Applicant, and subsequent approval by the Town. The Applicant’s soils engineer shall
review the final grading and drainage plans to ensure that designs for retaining walls, site
grading, and site drainage are in accordance with their recommendations and the peer
review comments. Approval of the Applicant’s soils engineer shall then be conveyed to
the Town either by letter or by signing the plans.
45. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Applicant’s soils engineer prior to placement of concrete
and/or backfill so they can verify that the actual conditions are as anticipated in the
design-level geotechnical report, and 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 Applicant’s soils engineer and submitted to the Town before final release of any
certificate of occupancy is granted.
46. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design-level geotechnical/geological
investigation as prepared by the 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 Applicant.
47. 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.
48. 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.
49. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to the issuance of a grading or building
permit.
50. 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 Applicant 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 of the
project site. This may include, but is not limited to provisions for the Applicant/Owner to
place construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand and other
loose debris.
51. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00 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 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.
52. 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.
53. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Applicant 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, site security fencing, 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.
54. WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each
property at the property line, or at a location specified by the Town.
55. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all material, equipment and/or
operations that need protection. Removal 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.
56. 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 permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
57. 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.
58. 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-five (25) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
59. 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.
60. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to
public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to
Bay” NPDES required language. On-site drainage systems for all projects shall include one
of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit.
These include storm water reuse via cisterns or rain barrels, directing runoff from
impervious surfaces to vegetated areas and use of permeable surfaces. No improvements
shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope
property.
61. SITE DRAINAGE – EARTH BERM: Prior to the issuance of a grading or building permit, an
earth berm to divert the conveyance of drainage away from the property immediately to
the west (APN 532-34-043) shall be proposed to the satisfaction of the Town Engineer.
62. 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.
63. 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 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 Applicant's expense.
64.COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
65.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.
66.FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: 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. CFC Sec. 503
Driving surface shall be capable of supporting the imposed load of fire apparatus weighing
at least 75,000 pounds (34050 kg). The turnaround is identified on the sheet G-10 meets
SCCDF standard D-1.
67.EMERGENCY GATE/ACCESS GATE REQUIREMENTS: Gate installations shall conform with
Fire Department Standard Details and Specification G-1 and, when open shall not obstruct
any portion of the required width of 12 feet for emergency access roadways or driveways.
Locks, if provided, shall be fire department approved prior to installation. Gates across the
emergency access roadways shall be equipped with an approved access devices. If the
gates are operated electrically, an approved Knox key switch shall be installed; if they are
operated manually, then an approved Knox padlock shall be installed. Gates providing
access from a road to a driveway or other roadway shall be at least 30 feet from the road
being exited. CFC Sec. 503.6 and 506.
68.This review shall not be construed to be an approval of a violation of the provisions of the
California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming
to give authority to violate or cancel the provisions of the fire code or other such laws or
regulations shall not be valid. Any addition to or alteration of approved construction
documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
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