Item 2 - Exhibit 25 - Recommended Conditions of ApprovalPLANNING COMMISSION – April 24, 2019
CONDITIONS OF APPROVAL
248 Jared Lane
Architecture and Site Application S-16-054
Requesting approval for construction of a new single-family residence and removal of large
protected trees on vacant property zoned HR-1. APN 532-34-071.
PROPERTY OWNER/APPLICANT: Sam Pan
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.EXTERIOR COLOR: The individual exterior materials of the house, including the roof, shall
not exceed a light reflectivity value of 30 and shall blend with the natural vegetation.
4.DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder’s Office that requires all
exterior materials to be maintained in conformance with the Town’s Hillside Development
Standards and Guidelines.
5.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.
6.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.
7.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.
8.ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report once provided. These
recommendations must be incorporated in the building permit plans, and completed prior
to issuance of a building permit where applicable. A Compliance Memorandum shall be
prepared by the applicant and submitted with the building permit application detailing
how the recommendations have or will be addressed.
9.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.
10.TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
EXHIBIT 25
11. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
12. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water
Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape
Documentation Package pursuant to WELO is required prior to issuance of a building
permit. A review fee based on the current fee schedule adopted by the Town Council is
required when working landscape and irrigation plans are submitted for review. A
completed WELO Certificate of Completion is required prior to final inspection/certificate
of occupancy.
13. *AIR QUALITY – MITIGATION MEASURE AQ-1: To limit the project’s construction-related
dust, criteria air pollutants, and precursor emissions, the following air district Basic
Construction Mitigation Measures shall be implemented:
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.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. 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. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, 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.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer’s specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
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.
14. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-1: Focused surveys shall be
conducted at the appropriate time of the year in the oak woodland habitat, within 30 feet
of any proposed development, for the three special-status plant species having potential
to occur in this habitat: Loma Prieta hoita (Hoita strobilina; blooms May through July),
western leatherwood (Dirca occidentalis; blooms January through April), and most
beautiful jewel-flower (Streptanthus albidus ssp. peramoenus; blooms April through
September).
15. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-2: If the project would result in
significant impacts on any special-status plant species, the project applicant shall develop
a Special-Status Plant Species Mitigation and Monitoring Plan, identifying measures that
allow for avoidance of the impact, minimization of the impact, and/or compensation or
restoration of any residual impacts at a minimum “replacement: loss” ratio of 1:1. The
Mitigation and Monitoring Plan shall discuss:
a. The designated location of areas on the site to restore lost plant populations.
There appears to be sufficient habitat located in on-site open space areas to
accommodate on-site restoration. Appropriate habitat shall be created on suitable
soils.
b. Description of the propagation and planting techniques to be employed in the
restoration effort. Perennial plants to be impacted by site grading should be
salvaged and raised in a greenhouse for eventual transplanting within the
restoration areas. Where feasible, annual plants shall be established through
direct seeding practices and/or transplanting container-grown plants into existing
suitable habitat.
c. The timetable for implementation of the restoration plan, with appropriate
benchmarks for restoration activities, as determined by a qualified biologist and to
the satisfaction of the Town.
d. The monitoring plan and specific performance criteria for achieving the
“replacement: loss” ratio of 1:1.
e. Remedial measures to be performed in the event that initial restoration measures
are unsuccessful in meeting the specific performance criteria.
f. Site maintenance activities to follow restoration activities.
g. This plan shall also provide a monitoring schedule and funding source(s), and
establish success criteria for all proposed restoration sites.
16. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-3: If tree removal, pruning, or
grubbing activities are necessary, such activities should be conducted between September
1 and January 31 outside of the breeding season to avoid impacts to nesting birds.
17. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-4: If project construction begins
during the breeding season (February 1 to August 31), preconstruction surveys shall be
conducted within the project footprint and a 300-foot buffer, by a qualified biologist no
more than two weeks prior to equipment or material staging, pruning/grubbing or
surface-disturbing activities. If no active nests are found, no further mitigation is
necessary.
18. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-5: If active nests, i.e. nests with
eggs or young birds present, are found, non-disturbance buffers shall be established at a
distance sufficient to minimize disturbance based on the nest location, topography, cover,
the nesting pair’s tolerance to disturbance and the type/duration of potential disturbance.
No work shall occur within the non-disturbance buffers until the young have fledged, as
determined by a qualified biologist.
19. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-6: If active nests are found within
300 feet of the project area, a qualified biologist shall be on site to monitor the nests for
signs of nest disturbance. If it is determined that construction activity is resulting in nest
disturbance, work shall cease immediately until the young have fledged, as determined by
a qualified biologist.
20. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-7: Preconstruction surveys shall
be conducted to identify suitable bat roosting habitat including rock outcroppings, snags,
rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc. Sensitive
habitat areas and roost sites shall be avoided to the maximum extent practicable. If no
suitable roost sites or evidence of bat roosting are identified, no further minimization
measures are necessary.
21. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-8: If suitable roosting habitat is
identified, the following measures shall be conducted:
a. A qualified biologist shall survey suitable roost sites immediately prior to the
removal or grading of rock outcroppings, debris piles, man-made structures, etc.
b. Removal of suitable tree roost sites shall be conducted by first removing limbs
smaller than 3 inches in diameter and peeling away loose bark. The tree should
then be left overnight to allow any bats using the tree/snag to find another roost
during their nocturnal activity period.
c. A qualified biologist shall survey the trees/snags a second time the following
morning prior to felling and removal.
d. Trees should be removed between September 1 and February 1 during the bat
non-breeding season to avoid disturbance to maternal colonies or individuals.
22. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-9: The applicant shall comply
with the Town of Los Gatos Tree Protection Ordinance, and a tree removal permit shall be
obtained from the Town for the removal of any trees that qualify as protected trees.
23. *BIOLOGICAL RESOURCES – MITIGATION MEASURE BIO-10: The applicant shall comply
with the recommendations in the arborist report, third-party summary, and two
supplement reports prepared for the proposed project by Ian Geddes on August 18, 2016;
October 25, 2017; and December 1, 2017; and by Walter Levison on May 17, 2017 and
December 5, 2017. This includes implementation of specific recommendations for
reducing construction impacts to retained trees.
24. *CULTURAL RESOURCES – MITIGATION MEASURE CR-1: In the event that archaeological
traces are encountered, all construction within a 50-meter radius of the find shall be
halted, the Community Development Director shall be notified, and an archaeologist shall
be retained to examine the find and make appropriate recommendations.
25. *CULTURAL RESOURCES – MITIGATION MEASURE CR-2: If human remains are discovered,
the Santa Clara County Coroner shall be notified. The Coroner will determine whether or
not the remains are Native American. If the Coroner determines that 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.
26. *CULTURAL RESOURCES – MITIGATION MEASURE CR-3: 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 shall 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.
27. *CULTURAL RESOURCES – MITIGATION MEASURE CR-4: A final report shall be prepared
when a find is determined to be significant archaeological site, and/or when Native
American remains are found on the site. The final report shall 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.
28. GEOLOGY AND SOILS – MITIGATION MEASURE GEO-1: The recommendations of the UPP
geotechnical report (dated November 14, 2016) shall be incorporated in the final
construction plans for the proposed project. These recommendations address site
preparation, earthwork operations, drainage, retaining wall design, erosion control, and
foundation design.
29. STREAMBED ALTERATION AGREEMENT: The applicant shall comply with all measures
required by the California Department of Fish and Wildlife Streambed Alteration
Agreement.
30. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
31. 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.
32. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
33. PERMITS REQUIRED: A Building Permit is required for the construction of the new single-
family residence with basement. A separate Building Permit is required for the
construction of any new retaining walls or additional structures that are not connected to
the primary structure.
34. 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.
35. 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.
36. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
37. 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.
38. 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.
39. 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.
40. 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
41. 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.
42. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of
the backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32 inch doors on the accessible floor level.
c. The primary entrance door shall be a 36 inch wide door including a 5’x 5’ level
landing, no more than 1 inch out of plane with the immediate interior floor level
and with an 18 inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
43. 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.
44. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut
within 10 feet of chimneys.
45. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
46. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R327 of the 2013 California Public Resources
Code 4291 and California Government Code Section 51182.
47. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California
licensed Landscape Architect in conformance with California Public Resources Code 4291
and California Government Code Section 51182.
48. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape
Architect certifying the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code Section
51182.
49. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape
Architect certifying the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code Section
51182.
50. 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.
51. 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.
52. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a Building Permit:
a. Community Development – Planning Division: Jennifer Armer at (408) 399-5706
b. Engineering/Parks & Public Works Department: Mike Weisz at (408) 354-5236
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f. Bay Area Air Quality Management District: (415) 771-6000
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
53. 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. 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.
54. 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.
55. 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 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.
56. 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 permits.
57. 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.
58. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer shall
repair or replace all existing improvements not designated for removal that are damaged
or removed because of the Developer'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 Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
59. 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.
60. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review at
the Engineering Division of the Parks and Public Works Department.
61. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any permits.
62. 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.
63. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos,
Community Development Department.
64. 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.
65. 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.
66. 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). The grading permit application (with grading plans) 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.
67. 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.
68. 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
Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15), has ended.
69. 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.
70. DRIVEWAY: The driveway conform to existing pavement on Jered Lane shall be constructed
in a manner such that the existing drainage patterns will not be obstructed.
71. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a grading permit/building permit.
72. 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.
73. 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.
74. 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.
75. 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.
76. 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 occupancy permit is
granted.
77. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical Study Report by Upp Geotechnical, dated
August 3, 2009, 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.
78. 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.
79. 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.
80. UTILITIES: The 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 Applicant is required to obtain approval of all proposed utility alignments from any and
all utility service providers before a Certificate of Occupancy for any new building can be
issued. The Town of Los Gatos does not approve or imply approval for final alignment or
design of these facilities.
81. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house 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.
82. 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.
83. TRAFFIC IMPACT MITIGATION FEE: The Developer shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit is issued. The fee shall be paid before issuance of a
building permit. The final traffic impact mitigation fee for this project shall be calculated
from the final plans using the current fee schedule and rate schedule in effect at the time
the building permit is issued, using a comparison between the existing and proposed uses.
84. FISH AND GAME REQUIREMENTS: A “1603” permit shall be obtained for the California
Department of Fish and Game for proposed improvements in or near riparian areas within
their jurisdiction. A copy of the permit shall be provided to the Parks and Public Works
Department before any permits are issued/final or prior to the recordation of any maps.
85. SANTA CLARA VALLEY WATER DISTRICT (SCVWD): Prior to start of any work along or within
Santa Clara Valley Water District (SCVWD) right-of-way/easement, the Developer shall
submit construction plans to SCVWD for review and approval and obtain necessary
encroachment permits for the proposed work. 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 Permit issuance.
86. 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 building permit, the Developer 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 Developer/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.
87. 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.
88. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the Applicant
shall submit a construction management plan that shall incorporate at a minimum the Earth
Movement Plan, site security fencing, employee parking, materials storage area(s),
concrete washout(s) and proposed outhouse locations.
89. SITE DESIGN MEASURES: All projects shall incorporate 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.
90. 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.
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. 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.
93. 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. If dry wells are to be used they shall be
placed a minimum of ten (10) feet from the adjacent property line and/or right-of-way. No
improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream
or down slope property.
94. 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.
95. 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.”
96. 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.
97. 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 storing of goods and/or
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
adjacent public right-of-way shall be kept clear of all job related dirt and 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. The 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.
98. 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.
99. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
100. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2016 CFC Sec. 903.3.5 and Health and Safety Code 13114.7
101. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND 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. see 7/11/2017 e-mail in file from SDFM Staiger approving proposed
turnaround
102. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: Provide an access driveway
with a paved all weather surface, a minimum unobstructed width of 14 feet with a one-
foot unpaved shoulder on each side, vertical clearance of 13 feet 6 inches, minimum
circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of
15”. Installations shall conform to the Fire Department Standard Details Specifications D-1
and CFC Section 503. see 7/11/2017 e-mail in file from SDFM Staiger approving proposed
turnaround
103. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
104. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-
Urban Interface Fire Area. The building construction shall comply with the provisions of
California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in
compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the
Planning Department for related landscape plan requirements.
105. ADDRESS IDENTIFICATION. New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed from
the public way, a monument, pole or other sign or means shall be used to identify the
structure. Address numbers shall be maintained. CFC Sec. 505.1
106. 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 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
107. 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. Construction documents. Construction documents for
proposed fire apparatus access, location of fire lanes, security gates across fire apparatus
access and construction documents and hydraulic calculations for fire hydrant systems
shall be submitted to the fire department for review and approval prior to construction.
CFC Sec. 501.3, 501.4
108. Please provide information from San Jose Water Company indicating their involvement
with water supply to this site when documentation is available. Identify if the new fire
hydrant will be private or public as provided by the Utility.
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