Item 2 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – May 22, 2019
CONDITIONS OF APPROVAL
16548 Ferris Avenue
Conditional Use Permit U-19-003
Requesting approval of a modification to an existing Conditional Use Permit for an
increase in student enrollment in a nursery school (Mariposa Montessori School) on
property zoned R-1:8. APN 532-07-127.
PROPERTY OWNER: Faith Lutheran Church
APPLICANT: Hillari Zighelboim
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2.APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below. Any minor changes or modifications made to the approved plans
shall be approved by the Director of Community Development other changes will be
approved by the Planning Commission, depending on the scope of the change(s).
3.PREVIOUS CONDITIONS OF APPROVAL: Any applicable Conditions of Approval from Town
Council Resolution 2000-45 for the previous approval, not carried forward, are still in effect.
4.CONDITIONAL USE PERMIT REVOCATION/AUTHORIZED USES. Any violation of the
conditions imposed by this permit may constitute grounds for revocation of the Conditional
Use Permit in the same manner in which it was approved.
5.LOT MERGER. The property owner/developer shall merge all of the Faith Lutheran Church
parcels prior to the issuance of final occupancy permits for the school.
6.TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The property owner/developer shall pay
a proportional fee to the project's 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 application is made.
The fee shall be paid before issuance of the building permit. The traffic impact mitigation
fee for this project using the current fee schedule and submitted project information is
$8,670.00. The final fee shall be calculated from the final plans using the rate schedule in
effect at the time of the building permit application.
7.CHURCH SANCTUARY USE/HOURS. The property owner/church shall limit worship services
in the main church sanctuary to a maximum of 220 people at any given time. The hours of
services shall be limited to the following times:
•Monday - Saturday 5:00 p.m. to 10:00 p.m.
•Sunday 7:00 a.m. to 5:00 p.m.
•Special Events (As allowed with 30-day prior approval of the Planning &
Police Departments)
EXHIBIT 3
The property owner/church shall ensure that these uses comply with the requirements of
the Town Code, including but not limited to, the requirements of the Town’s Noise
Ordinance & Special Events Regulations.
8. CHURCH WEDDINGS/FUNERALS USES/HOURS. The property owner/church shall limit
Weddings and Funerals on-site to the hours of 8:00 a.m. to 10 p.m. daily. The property
owner/church shall ensure that these uses comply with the requirements of the Town Code,
including but not limited to, the requirements of the Town’s Noise Ordinance & Special
Events Regulations.
9. CHURCH OFFICE USE/HOURS. The property owner/church shall limit the Office uses on-site
to the following hours:
• Monday - Saturday 8:00 a.m. to 5:00 p.m.
• Sunday 7:00 a.m. to 12:00 Noon
10. CHURCH COMMUNITY SERVICES/OUTREACH USES/HOURS: The property owner/church
shall limit Community Service/Outreach uses (e.g. 12 step meetings., counseling services,
Girl Scout activities, Youth Gatherings, Social Meetings, misc. classes, choir practices,
Volunteer Days, etc.) to the hours of 7:00 a.m. to 10:00 p.m., daily. The property
owner/church shall ensure that these uses comply with the requirements of the Town Code,
including but not limited to, the requirements of the Town’s Noise Ordinance & Special
Events Regulations.
11. CHURCH COMMITTEE MEETING USES/HOURS. The property owner/church shall limit
Committee Meetings to the hours of 3:00 p.m. to 12:00 Midnight, daily. The property
owner/church shall ensure that these uses comply with the requirements of the Town Code,
including but not limited to, the requirements of the Town’s Noise Ordinance.
12. VACATION BIBLE SCHOOL EVENT. Once per year the property owner/church shall be
allowed to conduct a vacation bible school event for parents and students. The vacation
bible school event shall be allowed to continue for a maximum duration of 14 days, and is
limited to the hours of 8 am to 8 p.m., daily.
13. CHURCH SPECIAL EVENT USES/HOURS. The property owner/church may have Special
Events (i.e. any on-site activity exceeding 100 people that is not specifically authorized by
this use permit) with at least 90 days prior notice and preapproval of the Town Police and
Planning Departments. The property owner/church shall provide the Police and Planning
Departments the purpose, proposed uses, dates, times, duration, and number of persons to
attend the event. The property owner/church shall ensure that these uses comply with the
requirements of the Town Code, including but not limited to, the requirements of the
Town’s Noise Ordinance & Special Events Regulations.
14. CHURCH SPECIAL EVENTS TRAFFIC/PARKING CONTROL. If the Town determines that an on-
site Special Event will generate more parking demand than can be reasonably
accommodated by the existing on-site facilities, the property owner/church shall provide
additional overflow parking which meets Town standards, stagger or modify activities/event
times or days, provide an off-site park-n-ride program, and /or other measures to mitigate
the parking impacts as required by the Town. The property owner/church shall provide
uniformed sworn officers for traffic control during special events as required by the Chief of
Police or Town designee.
15. CHURCH CARETAKER/PASTOR’S QUARTERS. The existing Caretaker/Pastor’s quarters
located in the church offices adjacent to the central play area shall not be expanded without
obtaining prior approvals from the Town.
16. MONTESSORI SCHOOL USE/HOURS. The property owner/school operator shall limit the
number of Montessori school students on-site to a maximum of 50 70 students at any given
time. Any increase in enrollment will require amendment of the Conditional Use Permit for
the entire facility. The property owner/school operator shall limit the school’s operation to
the hours of: 8:15 a.m. - 4:15 p.m., Monday through Friday. No weekend hours are
permitted. The property owner/school operator shall limit school classes to the hours of
9:15 a.m. - 4:00 p.m.. Once per month the school shall be permitted to conduct parent
meetings between the hours of 4:00 p.m. and 10 p.m. Four times per month the teachers
and administrative staff shall be permitted extended staff hours (7:30 a.m. to 8:00 p.m.) to
prepare for seasonal or holiday school programs that will occur during normal school hours
(8:15 a.m. - 4:15 p.m.).
17. MONTESSORI SCHOOL PARKING LOT RE-STRIPING CIRCULATION PLAN. The property
owner/school operator shall re-stripe the parking lot to meet minimum Town Code
requirements and also provide the designated student drop-off area and circulation plan
noted on the development plans submitted.
18. MONTESSORI SCHOOL PLAY AREA & FACILITY FENCES. The property owner/school operator
shall construct the 4 ft. & 6 ft. wooden fences noted on the development plans submitted
and shall repair damaged sections of the existing wood fence surrounding the property
prior to final inspection approvals or occupancy.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
1. 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.
2. 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.
3. 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.
4. LANDSCAPE MAINTENANCE AGREEMENT: The Owner, Applicant and/or Developer shall
enter into a Landscape Maintenance Agreement with the Town of Los Gatos in which the
Owner, Applicant and/or Developer agrees to maintain the vegetated areas along the
project’s Farley Road frontage located within the public right-of-way. The agreement must
be completed and accepted by the Town Attorney prior to the issuance of any permits.
5. 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.
Please note that this process may take approximately six to eight (6-8) weeks.
6. 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.
7. 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 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.
8. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
9. 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.
10. 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.
11. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any permits.
12. 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.
13. 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.
14. 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). A separate building
permit, issued by the Building Department on E. Main Street, is needed for grading within
the building footprint.
15. 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.
16. DRIVEWAY: The driveway conform to existing pavement on Farley Road shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
17. DRAINAGE STUDY: Prior to the issuance of any grading 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.
18. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a grading permit/building permit.
19. 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.
20. 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.
21. 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.
22. 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.
23. WATER METER: The existing water meter, currently located within the Farley Road right-of-
way, shall be relocated within the property in question, directly behind the public right-of-
way line. The Owner, Applicant and/or Developer shall repair and replace to existing Town
standards any portion of concrete flatwork within said right-of-way that is damaged during
this activity.
24. SANITARY SEWER CLEANOUT: The sanitary sewer cleanout shall be located within the
property in question, directly behind the public right-of-way line. The Owner, Applicant
and/or Developer shall repair and replace to existing Town standards any portion of
concrete flatwork within said right-of-way that is damaged during this activity.
25. FRONTAGE IMPROVEMENTS: The Owner, Applicant and/or Developer shall be required to
improve the project’s public frontage (right-of-way line to centerline and/or to limits per
the direction of the Town Engineer) to current Town Standards. These improvements may
include but not limited to curb, gutter, sidewalk, driveway approach(es), signs, pavement,
raised pavement markers, thermoplastic pavement markings, street lighting (upgrade
and/or repaint) etc. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
26. 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.
27. 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. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. DRIVEWAY APPROACH: The Owner, Applicant and/or Developer shall install one (1) Town
standard commercial driveway approach. The new driveway approaches shall be
constructed per Town Standard Plans and must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued. New concrete shall
be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a
stamp or equal shall be removed and replaced at the Contractor’s sole expense and no
additional compensation shall be allowed therefore.
33. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
34. 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.
35. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public (Town) streets without
written approval from the Town Engineer.
36. 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 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.
37. 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.
38. 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 Project Schedule, site security fencing, employee parking, construction staging area,
materials storage area(s), concrete washout(s) and proposed outhouse locations. Please
refer to the Town’s Construction Management Plan Guidelines document for additional
information.
39. 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.
40. 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.
41. REGULATED PROJECT : The project is classified as a Regulated Project per Provision C.3.b.ii.
and is required to implement LID source control, site design, and stormwater treatment on-
site in accordance with Provisions C.3.c. and C.3.d..
42. 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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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.
48. STORMWATER DISCHARGE: New buildings 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 the sanitary sewer. The Owner, Applicant and/or
Developer shall contact the local permitting authority and/or sanitary district with
jurisdiction for specific connection and discharge requirements.
49. 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.
50. 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 delineate source control
measures and BMPs together with the sizing calculations. The plan shall be certified by a
professional pre-qualified by the Town. In the event that the storm water measures
proposed on the Planning approval differ significantly from those certified on the
Building/Grading Permit, the Town may require a modification of the Planning approval
prior to release of the Building Permit. The Owner, Applicant and/or Developer may elect
to have the Planning submittal certified to avoid this possibility.
http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL.
51. 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.
52. STORMWATER COMPLIANCE: The applicant shall resubmit a revised Stormwater
Management Plan (SWMP) to the Town for review by staff and the Town’s peer review
consultant. The revised SWMP shall incorporate the recommendations provided in the
December 19, 2018 letter provided by Eisenberg, Olivieri & Associates. The treatment
method shall be in substantial conformance with the subsurface infiltration system
reviewed in said letter. The project shall incorporate any subsequent recommendations
from the Town and/or their peer review consultant. Acceptance by the Town of the SWMP
shall precede issuance of any grading/building permits. 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.
53. 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.
54. 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.
55. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
56. FUTURE STUDIES: Any post-project traffic or parking counts, or other studies imposed by
Planning Commission or Town Council shall be funded by the Applicant.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
19. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
20. STATE LICENSE REQUIREMENTS. Reapply to the State of California Department of Social
Services for an increase in the number of students.
21. FIRE ALARM SYSTEM: Provide inspections, testing, and maintenance for existing fire
alarm system to keep it in an operative condition at all times.
22. GENERAL: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of
approved construction documents shall be approved in advanced. [CFC, Ch. 1, 105.3.6].
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