Loading...
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]. N:\DEV\CONDITIONS\2019\Ferris Avenue, 16548- PC CUP COA.docx