Item 4 - Exhibit 03 - Recommended Conditions of Approval for the Architecture and Site, and Variance ApplicationsPLANNING COMMISSION – March 27, 2019
CONDITIONS OF APPROVAL
400-420 Blossom Hill Road
Architecture and Site Application S-17-042
Variance Application V-18-002
Requesting approval for demolition of existing office buildings, construction of an
assisted living and memory care facility, variance from the requirement for a masonry
wall abutting a residentially-zoned lot, and removal of large protected trees on property
zoned O. APN 529-16-071.
APPLICANT: Jason Reyes, CP Swenson, LLC C/O
PROPERTY OWNER: Green Valley Corporation C/O Case Swenson
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 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.SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must
be obtained prior to any changes to existing signs or installation of new signs
4.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.
5.GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
6.TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any Town-regulated
trees to be removed, prior to the issuance of a building or grading permit.
7.NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall be
minimized to the greatest extent feasible. Construction activities that include any tree
removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird
nesting season (January 15 through September 15) to the greatest extent feasible. If this
type of construction starts, if work is scheduled to start or if work already occurring during
the nesting season stops for at least two weeks and is scheduled to resume during the bird
nesting season, then a qualified biologist shall conduct a pre-construction surveys for
nesting birds to ensure that no nests would be disturbed during project construction. If
project-related work is scheduled during the nesting season (February 15 to August 30 for
small bird species such as passerines; January 15 to September 15 for owls; and February 15
to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
Two surveys for active nests of such birds shall occur within 14 days prior to start of
EXHIBIT 3
construction, with the second survey conducted with 48 hours prior to start of construction.
Appropriate minimum survey radius surrounding each work area is typically 250 feet for
passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be
conducted at the appropriate times of day to observe nesting activities. If the qualified
biologist documents active nests within the project site or in nearby surrounding areas, an
appropriate buffer between each nest and active construction shall be established. The
buffer shall be clearly marked and maintained until the young have fledged and are foraging
independently. Prior to construction, the qualified biologist shall conduct baseline
monitoring of each nest to characterize “normal” bird behavior and establish a buffer
distance, which allows the birds to exhibit normal behavior. The qualified biologist shall
monitor the nesting birds daily during construction activities and increase the buffer if birds
show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations,
standing up from a brooding position, and/or flying away from the nest). If buffer
establishment is not possible, the qualified biologist or construction foreman shall have the
authority to cease all construction work in the area until the young have fledged and the
nest is no longer active.
8. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure demolition
activities, a qualified biologist shall conduct a habitat assessment for bats and potential
roosting sites in trees to be removed, in trees within 50 feet of the development footprint,
and within and surrounding any structures that may be disturbed by the project. These
surveys will include a visual inspection of potential roosting features (bats need not be
present) and a search for presence of guano within the project site, construction access
routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures
that could provide suitable potential nest or roost habitat for bats shall be
surveyed. Assumptions can be made on what species is present due to observed visual
characteristics along with habitat use, or the bats can be identified to the species level with
the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features
found during the survey shall be flagged or marked.
If no roosting sites or bats are found, a letter report confirming absence will be prepared
and no further measures are required.
If bats or roosting sites are found, a letter report and supplemental documents will be
prepared prior to grading permit issuance and the following monitoring, exclusion, and
habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1),
they will be evicted as described under (b) below. If bats are found roosting during
the nursery season, they will be monitored to determine if the roost site is a
maternal roost. This could occur by either visual inspection of the roost bat pups, if
possible, or by monitoring the roost after the adults leave for the night to listen for
bat pups. If the roost is determined to not be a maternal roost, then the bats will be
evicted as described under (b) below. Because bat pups cannot leave the roost until
they are mature enough, eviction of a maternal roost cannot occur during the
nursery season. Therefore, if a maternal roost is present, a 50-foot buffer zone (or
different size if determined in consultation with the CDFW) will be established
around the roosting site within which no construction activities including tree
removal or structure disturbance will occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal
or on any structures scheduled to be disturbed by project activities, the individuals
will be safely evicted, under the direction of a qualified bat biologist. If pre-
construction surveys determine that there are bats present in any trees to be
removed, exclusion structures (e.g. one-way doors or similar methods) shall be
installed by a qualified biologist. The exclusion structures shall not be placed until
the time of year in which young are able to fly, outside of the nursery season.
Information on placement of exclusion structures shall be provided to the CDFW
prior to construction.
If needed, other methods conducted under the direction of a qualified bat biologist could
include: carefully opening the roosting area in a tree or snag by hand to expose the cavity
and opening doors/windows on structures, or creating openings in walls to allow light into
the structures. Removal of any trees or snags and disturbance of any structures will be
conducted no earlier than the following day (i.e., at least one night will be provided
between initial roost eviction disturbance and tree removal/structure disturbance). This
action will allow bats to leave during dark hours, which increases their chance of finding
new roosts with a minimum of potential predation.
9. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by David L. Babby, Arbor Resources, identified in the Arborist
reports, dated as received August 1, 2011, revised May 31, 2017, revised March 20, 2018,
revised May 1, 2018, and revised August 3, 2018 respectively, on file in the Community
Development Department. A Compliance Memorandum shall be prepared by the applicant
and submitted with the building permit application detailing how the recommendations
have or will be addressed. These recommendations must be incorporated in the building
permit plans, and completed prior to issuance of a building permit where applicable. Peer
reviewed by Monarch Consulting Arborists, LLC, June 22, 2018 and February 4, 2019.
10. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six-foot-high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree protection fencing plan with the construction
plans. Any trenching within the dripline of existing trees shall be hand dug.
11. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being
removed. The number of trees and size of replacement trees shall be determined using the
canopy replacement table in the Town Code. Town Code requires a minimum 24-inch box
size replacement tree. No new trees planted on site shall have a trunk diameter of less than
1.5 inches. New trees shall be double staked with rubber ties and shall be planted prior to
final inspection and issuance of occupancy permits.
12. PRIVACY- LANDSCAPING- PRIVACY LANDSCAPING- Prior to issuance of a Certificate of
Occupancy a minimum of seven 48-inch box trees shall be planted along the eastern
property line to provide privacy between properties per the satisfaction of the Community
Development Director.
13. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including landscape
and irrigation plans and calculations, shall meet the Town of Los Gatos Water Conservation
Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive.
The final landscape plan shall be reviewed by the Town’s consultant prior to issuance of
building permits. A review fee based on the current fee schedule adopted by the Town
Council is required when working landscape and irrigation plans are submitted for review.
14. BUILDING HEIGHT: The maximum height of the building shall not exceed 35 feet in height.
15. ROOFTOP EQUIPMENT: Any new or modified roof mounted equipment shall be fully screened
and painted to match the roof material prior to issuance of an occupancy permit.
16. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
17. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within a 50-
meter radius of the find will be halted, the Community Development Director will be
notified, and an archaeologist will be retained to examine the find and make
appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be notified.
The Coroner will determine whether or not the remains are Native American. If the
Coroner determines the remains are not subject to his authority, he will notify the
Native American Heritage Commission, who shall attempt to identify descendants of
the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not a
significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are
accepted. Provisions for identifying descendants of a deceased Native American and
for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e).
If the site is found to be a significant archaeological site, a mitigation program will be
prepared and submitted to the Community Development Director for consideration
and approval, in conformance with the protocol set forth in Public Resources Code
Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant
archaeological site, and/or when Native American remains are found on the site.
The final report will include background information on the completed work, a
description and list of identified resources, the disposition and curation of these
resources, any testing, other recovered information, and conclusions.
18. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify,
and hold harmless the Town and its officials in any action brought by a third party to
overturn, set aside, or void the permit or entitlement. This requirement is a condition of
approval of all such permits and entitlements whether or not expressly set forth in the
approval, and may be secured to the satisfaction of the Town Attorney.
19. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town
practice, shall be prepared and submitted with the building permit detailing how the
conditions of approval will be addressed.
Building Division
20. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the two existing
buildings. A Building Permit will be required for the construction of the new three-story
commercial building. The trash enclosure and retaining walls will also require a separate
permit.
21. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2017, are the 2016 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12.
22. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
23. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
24. BUILDING ADDRESS: Submit requests for any building address changes or deletions to the
Building Division prior to submitting for the building permit application process.
25. DEMOLITION REQUIREMENTS: 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.
26. 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.
27. 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.
28. 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
29. 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.
30. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
31. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
32. 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.
33. 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.
34. 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. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 minutes. Clear signage shall be provided for
construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
visible emissions evaluator. All non-road diesel construction equipment shall at a
minimum meet Tier 3 emission standards listed in the Code of Federal Regulations
Title 40, Part 89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification
of construction schedule to adjacent residential property owners and tenants at
least one week prior to commencement of demolition and one week prior to
commencement of grading with a request that all windows remain closed during
demolition, site grading, excavation, and building construction activities in order to
minimize exposure to NOx and PM10. The on-site field supervisor shall monitor
construction emission levels within five feet of the property line of the adjacent
residences for NOx and PM10 using the appropriate air quality and/or particulate
monitor.
35. 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. Santa Clara County Environmental Health Department: (408) 918-3479
f. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
36. 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, Applicant and/or Developer'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, Applicant and/or Developer's expense.
37. 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.
38. 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/Developer 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.
39. 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.
40. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer 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.
41. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their
representative shall repair or replace all existing improvements not designated for removal
that are damaged or removed because of the Owner, Applicant and/or Developer 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, Applicant and/or
Developer or their representative shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
42. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site
at all times during construction.
43. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or
sidewalk 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.
44. 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.
45. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any grading or building permits.
46. 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,
Applicant and/or Developer’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.
47. 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 Applicant.
48. 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/Developer’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 on E. Main Street, is needed for grading within the building footprint.
49. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work
unlawfully completed shall be charged double the current fee. As a result, the required
grading permit fees associated with an application for grading proposed will be charged
accordingly.
50. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: a drainage study
of the project including diversions, off-site areas that drain onto and/or through the project,
and justification of any diversions; a drainage study evidencing that the proposed drainage
patterns will not overload the existing storm drain facilities; and detailed drainage studies
indicating how the project grading, in conjunction with the drainage conveyance systems
(including applicable swales, channels, street flows, catch basins, storm drains, and flood
water retarding) will allow building pads to be safe from inundation from rainfall runoff which
may be expected from all storms up to and including the theoretical 100-year flood.
51. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a grading permit/building permit.
52. 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.
53. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the
commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, attend a pre-construction
meeting with the Town Engineer or their Representative 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.
54. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided stating that the
building foundation was constructed in accordance with the approved plans shall be provided
subsequent to foundation construction and prior to construction on the structure. The pad
certification shall address both vertical and horizontal foundation placement.
55. PRECONSTRUCTION MEETING: Prior to issuance of any permit or 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.
56. 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.
57. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a grading
or building permit, structural details for the proposed retaining walls located immediately
adjacent to or in the immediate vicinity of existing buildings on adjoining lots shall be
submitted confirming that said walls will not negatively affect the structural integrity of these
buildings.
58. SOILS REVIEW: Prior to Town approval of a development application, the Owner, Applicant
and/or Developer’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,
Applicant and/or Developer, and subsequent approval by the Town. The Owner, Applicant
and/or Developer’s soils engineer shall review the final grading and drainage plans to ensure
that designs for foundations, retaining walls, site grading, and site drainage are in accordance
with their recommendations and the peer review comments. Approval of the Owner,
Applicant and/or Developer’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).
59. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Owner, Applicant and/or Developer’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 a certificate of occupancy permit
is granted.
60. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical Investigation by Cornerstone Earth Group,
dated September 11, 2017, 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, Applicant and/or Developer.
61. IMPROVEMENTS AGREEMENT: The Owner, Applicant and/or Developer shall enter into an
agreement to construct 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 issuance of any permit. The 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 recorded agreement shall be
submitted to the Engineering Division of the Parks and Public Works Department prior to the
issuance of any permit.
62. 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. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
a. Class IV bike lane and sidewalk along both sides of the portion of Blossom Hill Road
from east of Hwy 17 overpass to east property limit per the Town’s Bicycle and
Pedestrian Master Plan and the Town General Plan’s policy for complete streets.
b. Class II green bike lanes with green back bike markings extended from new Class IV
bike lane along Blossom Hill Road to Vasona Park/Roberts Road intersection.
c. High visibility crosswalk at property driveway.
d. Modify the project access, such as a reduced corner radius, for improving pedestrian
crossing as may be evaluated and recommended in the traffic study report and/or by
the Town’s traffic engineer.
e. Full width pavement improvements which may include asphalt overlay or cape seal
of Blossom Hill Road where striping or other surface improvements are to be made
as part of the project.
f. Foliage along the north side of Blossom Hill Road between the project driveway and
Roberts Road East shall be trimmed eight feet from the sidewalk for a distance of 300
feet to improve sight distance.
g. Install a speed feedback sign in westbound Blossom Hill Road between the project
driveway and Roberts Road East.
h. Install a new street light between project driveway and Hwy 17 overpass on either
side of Blossom Hill Road.
i. Adjust existing fence along the north side of Blossom Hill Road to provide 4.5-foot
minimum clear width of travel from the back of sidewalk to the back of curb.
j. Modify existing and/or add warning devices as may be evaluated and recommended
in the traffic study report and/or by the Town’s traffic engineer.
k. Install turn restriction signs restricting left-turn movements from the project driveway
onto Blossom Hill Road during school hours as directed by the Town Engineer.
l. Other off-site improvements recommended in the traffic study report and/or by the
Town’s traffic engineer.
63. ADA COMPLIANCE: The Owner, Applicant and/or Developer shall be required to meet all ADA
standards, which must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. This may require additional construction
measures as directed by the Town.
64. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain stormwater
runoff to vegetated drainage swales, filter strips, and/or other treatment devices that can be
integrated into required landscaping areas and traffic islands prior to discharge into the storm
drain system and/or public right-of-way. The amount of impervious area associated with
parking lots shall be minimized by utilizing design features such as providing compact car
spaces, reducing stall dimensions, incorporating efficient parking lanes, and using permeable
pavement where feasible. The use of permeable paving for parking surfaces is encouraged
to reduce runoff from the site. Such paving shall meet Santa Clara County Fire Department
requirements and be structurally appropriate for the location.
65. UTILITIES: The Owner, Applicant and/or Developer 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, Applicant and/or Developer 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.
66. UTILITY SETBACKS: Building foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the building foundation. The
Town Engineer shall determine the appropriate setback based on the depth of the utility,
input from the project soils engineer, and the type of foundation.
67. SIDEWALK REPAIR: The Owner, Applicant and/or Developer shall repair and replace to
existing Town standards any sidewalk damaged now or during construction of this project.
All new and existing adjacent infrastructure must meet current ADA standards. Sidewalk
repair shall match existing color, texture and design, and 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 sidewalk 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.
68. CURB AND GUTTER REPAIR: The Owner, Applicant and/or Developer shall repair and replace
to existing Town standards any curb and gutter damaged now or during construction of this
project. All new and existing adjacent infrastructure must meet Town standards. New curb
and gutter shall be constructed per Town Standard Details. New concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal
shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project. The improvements must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued.
69. CURB RAMPS: The Owner, Applicant and/or Developer shall construct curb ramp(s) located
within the Town’s Public Right-of-Way in compliance with ADA Standards which 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.
70. CALTRANS APPROVAL: The Owner, Applicant and/or Developer shall be responsible for
obtaining design approval(s) and construction encroachment permit(s) from Caltrans for any
improvements within the Caltrans right-of-way. A copy of approved encroachment permit is
required to be submitted to the Engineering Division of the Parks and Public Works
Department prior to grading or building permit issuance. The improvements must be
completed and accepted by the Town before the issuance of any grading or building permits
unless otherwise allowed by the Town Engineer.
71. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall comply
with Town Code Section §23.10.080.
72. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not
limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080, 26.10.065,
and 29.40.030.
73. 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 boundary 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.
74. FRONTAGE IMPROVEMENTS (TRAFFIC): The Owner, Applicant and/or Developer shall
construct improvements including and may not be limited to signage, striping,
curb/gutter/sidewalk, ADA ramps, pedestrian crosswalk, street lights, and traffic signal(s) at
project frontage as determined by the Town Engineer. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
75. TRAFFIC IMPROVEMENTS (OFF-SITE IMPROVEMENT): Traffic improvements may be required
as determined by traffic study. Construct off-site improvements as required. Plans shall be
prepared by the Owner, Applicant and/or Developer’s design consultants and submitted to
the Town Engineer for approval prior to construction. The Owner, Applicant and/or
Developer is required to designate necessary right-of-way for the required widening. The
improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
76. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM): The Developer shall prepare a
Transportation Demand Management Plan for the Town of Los Gatos approval prior to the
issuance of any grading or building permits. The TDM shall include measures, including but
not limited to, bicycle facility provisions, shower facilities, shuttle service, transit passes and
subsidies, carpool incentive, designated car share parking, and other measures that may be
required by the Town Engineer. The TDM shall also include a TDM coordinator and identify
the requirement for an annual TDM effectiveness report to the Town of Los Gatos.
77. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s traffic impact policy.
78. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and/or
worker vehicles shall be allowed to park on any portion of any public (Town) street(s) without
written approval from the Town Engineer.
79. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved by the Town Engineer prior to the issuance of an encroachment, grading or building
permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All
flag persons shall have the capability of communicating with each other to coordinate
the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
80. 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 beginning of any work.
81. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
82. 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 2:00 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 building permit, the Owner, Applicant and/or Developer or their representative shall work
with the Town Building Department and Engineering Division Inspectors to devise a traffic
control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or
off of the project site. This may include, but is not limited to provisions for the Owner,
Applicant and/or Developer 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.
83. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m.
to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five
(85) dBA at twenty-five (25) feet from the source. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty-five (25) feet
from the device as possible. The noise level at any point outside of the property plane shall
not exceed eighty-five (85) dBA.
84. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the Owner,
Applicant and/or Developer’s design consultant shall submit a construction management plan
sheet (full-size) within the plan set that shall incorporate at a minimum the Earth Movement
Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking,
construction staging area, materials storage area(s), construction trailer(s), concrete
washout(s) and proposed outhouse locations. Please refer to the Town’s Construction
Management Plan Guidelines document for additional information.
85. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement that traverses the
Project Site shall be kept open and in a safe, drive-able condition throughout construction. If
temporary closure is needed, then formal written notice shall be provided at least one week
in advance of closure.
86. EMERGENCY VEHICLE ACCESS EASEMENT: Prior to the issuance of any permits, the Owner,
Applicant and/or Developer shall coordinate with the Santa Clara County Fire Department to
ensure that any proposed modifications to the Emergency Vehicle Access Easement that
traverses the Project Site are curvilinear, allows for the Department’s equipment to travel
across said easement, and meets all Department specifications. Plans shall be submitted to
the Santa Clara County Fire Department for approval prior to construction.
87. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing,
stockpiling, grading or excavation of land, which disturbs one (1) acre or more which are part
of a larger common plan of development which disturbs less than one (1) acre are required
to obtain coverage under the construction general permit with the State Water Resources
Control Board. The Owner, Applicant and/or Developer is required to provide proof of WDID#
and keep a current copy of the storm water pollution prevention plan (SWPPP) on the
construction site and shall be made available to the Town of Los Gatos Engineering Division
of the Parks and Public Works Department and/or Building Department upon request.
88. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer 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.
89. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment projects
are subject to the stormwater development runoff requirements. Every Owner, Applicant
and/or Developer or their design consultant shall submit a stormwater control plan and
implement conditions of approval that reduce stormwater pollutant discharges through the
construction, operation and maintenance of treatment measures and other appropriate
source control and site design measures. Increases in runoff volume and flows shall be
managed in accordance with the development runoff requirements.
90. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
91. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous
domestic waste materials to be deposited in such a manner or location as to constitute a
threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful
discharges to storm drains include, but are not limited to: discharges from toilets, sinks,
industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or vehicle
cleaning.
92. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is
recommended that the landscape architect ensure that the characteristics of the selected
plants are similar to those of the plants listed for use in bioretention areas in Appendix D of
the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Stormwater Handbook.
93. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted
to the Engineering Division of the Parks and Public Works Department. A Notice of Intent
(NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San
Francisco Bay Regional Water Quality Control Board for projects disturbing more than one (1)
acre. 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 grading, drainage, erosion control plans and SWPPP shall be in compliance with
applicable measures contained in the amended provisions C.3 and C.14 of most current Santa
Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional
Permit (MRP). Monitoring for erosion and sediment control is required and shall be
performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as
required by the Construction General Permit. Stormwater samples are required for all
discharge locations and projects may not exceed limits set forth by the Construction General
Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action Plan
(REAP) must be developed forty-eight (48) hours prior to any likely precipitation even, defined
by a fifty (50) percent or greater probability as determined by the National Oceanic and
Atmospheric Administration (NOAA), and/or whenever rain is imminent. The QSD or QSP
must print and save records of the precipitation forecast for the project location area from
(http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and
sampling test data. A rain gauge is required on-site. The Town of Los Gatos Engineering
Division of the Parks and Public Works Department and the Building Department will conduct
periodic NPDES inspections of the site throughout the recognized storm season to verify
compliance with the Construction General Permit and Stormwater ordinances and
regulations.
94. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving
and building construction begin as soon as possible after completion of grading, and by
landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in
use at the construction site. All portions of the site subject to blowing dust shall be watered
as often as deemed necessary by the Town, or a minimum of three (3) times daily, or apply
(non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust for the duration of the
project. Watering on public streets shall not occur. Streets shall be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on-site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling soil, sand,
or other loose debris shall be covered.
95. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions,
the following the Bay Area Air Quality Management District (BAAQMD)-recommended basic
construction measures shall be included in the project’s grading plan, building plans, and
contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day, or otherwise kept dust-
free.
b. All haul trucks designated for removal of excavated soil and demolition debris from
site shall be staged off-site until materials are ready for immediate loading and
removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be
covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged
in areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day, or as deemed appropriate by
Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out
control device is also recommended to minimize mud and dirt-track-out onto
adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to 15 mph.
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 48 hours. The Air District’s phone number shall also be visible to ensure
compliance with applicable regulations.
i. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed 20 mph.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
96. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any permits,
all pertinent details of any and all proposed stormwater management facilities, including, but
not limited to, ditches, swales, pipes, bubble-ups, dry wells, outfalls, infiltration trenches,
detention basins and energy dissipaters, shall be provided on submitted plans, reviewed by
the Engineering Division of the Parks and Public Works Department, and approved for
implementation.
97. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the
CASQA Stormwater Best Management Practices Handbooks for Construction Activities and
New Development and Redevelopment, the Town's grading and erosion control ordinance,
and other generally accepted engineering practices for erosion control as required by the
Town Engineer when undertaking construction activities.
98. STORMWATER DISCHARGE: New buildings, such as food service facilities and/or multi-family
residential complexes or subdivisions, shall provide a covered or enclosed area for dumpsters
and recycling containers. The area shall be designed to prevent water run-on to the area and
runoff from the area. Areas around trash enclosures, recycling areas, and/or food compactor
enclosures shall not discharge directly to the storm drain system. Any drains installed in or
beneath dumpsters, compactors, and tallow bin areas serving food service facilities shall be
connected to a grease removal device prior to discharging to the sanitary sewer. The
Applicant shall contact the local permitting authority and/or sanitary district with jurisdiction
for specific connection and discharge requirements.
99. 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.
100. STORM WATER MANAGEMENT PLAN: A storm water management shall be included with the
grading permit application for all Group 1 and Group 2 projects as defined in the amended
provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-2015-0049,
NPDES Permit No. CAS612008. The plan shall be approved by the Town’s C.3 compliance peer
review consultant prior to issuance of building/grading permits.
101. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the storm
water management plan: “The biotreatment soil mix used in all stormwater treatment
landscapes shall comply with the specifications in Attachment L of the MRP. Proof of
compliance shall be submitted by the Contractor to the Town of Los Gatos a minimum of
thirty (30) days prior to delivery of the material to the job site using the Biotreatment Soil Mix
Supplier Certification Statement.”
102. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment
soils provider is required and shall be given to Engineering Division Inspection staff a
minimum of thirty (30) days prior to delivery of the material to the job site. Additionally
deliver tags from the soil mix shall also be provided to Engineering Division Inspection staff.
Sample Certification can be found here:
http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL.
103. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
MAINTENANCE OBLIGATIONS: The property owner shall enter into an agreement with the
Town for maintenance of the stormwater filtration devices required to be installed on this
project by the Town’s Stormwater Discharge Permit and all current amendments or
modifications. The agreement shall specify that certain routine maintenance shall be
performed by the property owner and shall specify device maintenance reporting
requirements. The agreement shall also specify routine inspection requirements, permits and
payment of fees. The agreement shall be recorded, and a copy of the recorded agreement
shall be submitted to the Engineering Division of the Parks and Public Works Department,
prior to the release of any occupancy permits.
104. 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.
105. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and provided with
area drains connected to the sanitary sewer per current NPDES requirements before a
Certificate of Occupancy for any new building can be issued. Temporary trash enclosures are
exempt from this condition. Connecting said drainage system to the storm drain system is
not permitted.
106. GREASE TRAPS: The Owner, Applicant and/or Developer shall meet all requirements of the
Santa Clara County Health Department and West Valley Sanitation District for the
interception, separation or pretreatment of effluent.
107. GREASE INTERCEPTOR: Food service facilities shall have a sink or other area for cleaning floor
mats, containers, hood filters and equipment that is connected to a grease interceptor prior
to discharging into the sanitary sewer system. The cleaning area shall be large enough to
clean the largest mat or piece of equipment to be cleaned and shall be plumbed to the
sanitary sewer whether it is located indoors or is a covered outdoor area.
108. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner, Applicant and/or
Developer'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 Developer's expense.
109. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
110. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
111. EMERGENCY RADIO RESPONDER COVERAGE: Emergency responder radio coverage in new
buildings shall have approved radio coverage for emergency responders within the building
based on the existing coverage levels of the public safety communication systems of the
jurisdiction at the exterior of the building. This section shall not require improvement of the
existing public safety communication systems. Refer to CFC Sec. 510 for further
requirements.
112. FIRE ALARM REQUIRMENTS: Refer to CFC Sec. 907 and the currently adopted edition of NFPA
72.
113. FIRE SPRINKLERS REQUIRED: Approved automatic sprinkler systems in new and existing
buildings and structures shall be provided in the locations described in this Section or in
Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this
section, firewalls used to separate building areas shall be constructed in accordance with the
California Building Code and shall be without openings or penetrations. 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. CFC Sec. 903.2 as adopted
and amended by LGTC. Response letter indicated compliance with the above requirement as
deferred to building permit submittal.
114. 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 the purveyor as having been met by the applicant(s). 2016 CFC Sec.
903.3.5 and Health and Safety Code 13114.7.
115. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED: Provide public fire hydrant(s) at location(s) to
be determined jointly by the Fire Department and San Jose Water Company. Maximum
hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 500 GPM at 20 psi,
residual. Fire hydrants shall be provided along required fire apparatus access roads and
adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix
C.
116. REQUIRED FIRE DEPT. ACCESS: Commercial and Industrial Developments 1. Buildings
exceeding three stories or 30 feet in height. Buildings or facilities exceeding 30 feet (9144
mm) or three stories in height shall have at least two means of fire apparatus access of each
structure. 2. Buildings exceeding 62,000 square feet in area. Buildings or facilities having a
gross building area of more than 62,000 square feet (5760 mm) shall be provided with two
separate and provided fire apparatus access roads. Exception: Projects having a gross
building area of up to 124,000 square feet (11520 mm) that have a single provided apparatus
access road when all buildings are equipped throughout with approved automatic sprinkler
systems. Multi-Family Residential Developments (R-1 & R-2 occupancies) 1. Multi-family
residential projects having more than 100 dwelling units shall be equipped throughout with
two separate and approved apparatus access roads. CFC Sec. Chp. 5 as adopted and amended
by LGTC.
117. REQUIRED AERIAL ACCESS: 1. Where required: Buildings or portions of buildings or facilities
exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle
access shall be provided with approved fire apparatus access roads capable of
accommodating fire department aerial apparatus. Overhead utility and power lines shall not
be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access
roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity
of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to
building: At least one of the required access routes meeting this condition shall be located
within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building
and shall be positioned parallel to one entire side of the building, as approved by the fire code
official. CFC Chp. 5 and SCCFD SD&S A-1.
118. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: Provide an approved fire
department engine roadway turnaround within a minimum radius of 36 feet outside and 23
feet inside. Installations shall conform with Fire Department Standard Details and
Specification sheet A-1. cul-de-sac. CFC Sec. 503 as adopted and amended by LGTC.
119. TURN RADIUS (CIRCULATING): The minimum outside turning radius is 42 feet for required
access roadways. Greater radius up to 60 feet may be required where the Fire Department
determines that Ladder Truck access is required. Circulating refers to travel along a roadway
without dead ends.
120. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made serviceable
prior to and during the time of construction except when approved alternative methods of
protection are provided. Temporary street signs shall be installed at each street intersection
when construction of new roadways allows passage by vehicles in accordance with Section
505.2 CFC Sec. 501.4..
121. TWO-WAY COMMUNICATION SYSTEM: Two-way communication systems shall be designed
and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013
edition), the ordinances where two way system is being installed, policies and standards.
Other standards also contain design/installation criteria for specific life safety related
equipment. These other standards are referred to in NFPA 72.
122. GROUND LADDER ACCESS: Ground-ladder rescue from second and third floor rooms shall be
made possible for fire department operations. With the climbing angle of seventy-five
degrees maintained, an approximate walkway width along either side of the building shall be
no less than seven feet clear. Landscaping shall not be allowed to interfere with the required
access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
123. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp.
33.
124. ADDRESS INDENTIFICATION: 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
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