Item 2 - Exhibit 12 - Planned Development OrdinancePage 1 of 31
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM CH TO CH:PD
FOR PROPERTY LOCATED AT
16212 LOS GATOS BOULEVARD (APNs: 523-06-010 and 523-06-011)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property located at 16212 Los Gatos Boulevard (Santa Clara County Assessor Parcel Number
523-06-010 and 523-06-011) as shown on the map attached hereto as Exhibit A, and is part of
this Ordinance, from CH (Highway Commercial) to CH:PD (Highway Commercial, Planned
Development).
SECTION II
With respect to compliance with the California Environmental Quality Act (“CEQA”), the
Town Council finds as follows:
A.A Negative Declaration (ND) was completed for the proposed development and
no significant impacts are associated with the application. The ND is adopted.
SECTION III
The PD (Planned Development Overlay) zone established by this Ordinance authorizes
the following construction and use of improvements:
1.Lot merger of two adjoining lots into one lot.
2.Construction of a two-story mixed-use commercial building.
3.Landscaping, parking, and right-of-way improvements shown and required on the
Official Development Plans.
4.Dedication of easements to the Town of Los Gatos as shown on the Official
Development Plans.
5.Uses permitted are those specified in the CH (Highway Commercial) zone by Sections
29.60.420 (Permitted Uses), as it exists at the time of the adoption of this Ordinance, or
as they may be amended in the future.
Draft Ordinance: subject to
modification by Town Council
based on
deliberations and direction
EXHIBIT 12
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SECTION IV
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS:
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION V
Architecture and Site Approval is required before construction of the new mixed-use
commercial building, whether or not a permit is required for the work and before any permit
for construction is issued. Construction permits shall only be in a manner complying with
Section 29.80.110 (PD Ordinance) of the Town Code.
SECTION VI
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following performance standards must be complied with
before issuance of construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process. Colors and building materials shown
on the Official Development Plans are not approved and shall be reviewed during the
Architecture and Site application approval process.
2. 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.
3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A&S)
application and approval is required for the mixed-use commercial building. The
Architecture and Site applications shall be reviewed by the Development Review
Committee. Architectural details shall be refined as part of this process with input from
the Town’s Consulting Architect.
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4. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town’s
Consulting Landscape Architect and approved as part of the Architecture and Site
process.
5. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall
meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. A review fee based on the current
fee schedule adopted by the Town Council is required when working landscape and
irrigation plans are submitted for review prior to the issuance of a building permit.
6. SETBACKS. The minimum setbacks are those specified by the CH zoning district or as
otherwise shown on the Conceptual Development Plans.
7. BUILDING HEIGHT. The maximum height of the new mixed-use commercial building
shall be 29 feet, 11 inches, as specified on the Conceptual Development Plans.
8. BUILDING FLOOR AREA. The maximum floor area for the project site, including the
existing building to be retained, shall be 13,629 square feet, as specified on the
Conceptual Development Plans.
9. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting
shall be the minimum needed for pedestrian safety and security. Lighting specifications
shall be reviewed as part of the Architecture and Site process.
10. TREE PRESERVATION: All recommendations of the Town’s Consulting Arborist shall be
followed. Refer to the report prepared by Walter Levison, dated November 20, 2017,
for additional details. The Arborist Consultant shall reevaluate the plans for the new
mixed-use commercial building during Architecture and Site review.
11. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of building permits.
12. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table
in the Tree Protection Ordinance. New trees shall be double staked and shall be
planted prior to final inspection and issuance of occupancy permits.
13. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Refer to the report prepared by
Walter Levison, dated November 20, 2017, for requirements. Fencing shall be six-foot
high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground
and spaced no further than 10 feet apart. Include a tree protection fencing plan with
the construction plans.
14. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs
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shall be minimized to the greatest extent feasible. Construction activities that include
any tree removal, pruning, grading, grubbing, or demolition shall be conducted outside
of the bird nesting season (January 15 through September 15) to the greatest extent
feasible. If this type of construction starts, if work is scheduled to start or if work
already occurring during the nesting season stops for at least two weeks and is
scheduled to resume during the bird nesting season, then a qualified biologist shall
conduct a pre-construction surveys for nesting birds to ensure that no nests would be
disturbed during project construction. If project-related work is scheduled during the
nesting season (February 15 to August 30 for small bird species such as passerines;
January 15 to September 15 for owls; and February 15 to September 15 for other
raptors), a qualified biologist shall conduct nesting bird surveys. Two surveys for active
nests of such birds shall occur within 14 days prior to start of construction, with the
second survey conducted with 48 hours prior to start of construction. Appropriate
minimum survey radius surrounding each work area is typically 250 feet for passerines,
500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be
conducted at the appropriate times of day to observe nesting activities. If the qualified
biologist documents active nests within the project site or in nearby surrounding areas,
an appropriate buffer between each nest and active construction shall be established.
The buffer shall be clearly marked and maintained until the young have fledged and are
foraging independently. Prior to construction, the qualified biologist shall conduct
baseline monitoring of each nest to characterize “normal” bird behavior and establish a
buffer distance, which allows the birds to exhibit normal behavior. The qualified
biologist shall monitor the nesting birds daily during construction activities and increase
the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights
and vocalizations, standing up from a brooding position, and/or flying away from the
nest). If buffer establishment is not possible, the qualified biologist or construction
foreman shall have the authority to cease all construction work in the area until the
young have fledged and the nest is no longer active.
15. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure
demolition activities, a qualified biologist shall conduct a habitat assessment for bats
and potential roosting sites in trees to be removed, in trees within 50 feet of the
development footprint, and within and surrounding any structures that may be
disturbed by the project. These surveys will include a visual inspection of potential
roosting features (bats need not be present) and a search for presence of guano within
the project site, construction access routes, and 50 feet around these areas. Cavities,
crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or
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roost habitat for bats shall be surveyed. Assumptions can be made on what species is
present due to observed visual characteristics along with habitat use, or the bats can be
identified to the species level with the use of a bat echolocation detector such as an
“Anabat” unit. Potential roosting features found during the survey shall be flagged or
marked.
If no roosting sites or bats are found, a letter report confirming absence will be
prepared and no further measures are required.
If bats or roosting sites are found, a letter report and supplemental documents will be
prepared prior to grading permit issuance and the following monitoring, exclusion, and
habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October
1), they will be evicted as described under (b) below. If bats are found roosting
during the nursery season, they will be monitored to determine if the roost site
is a maternal roost. This could occur by either visual inspection of the roost bat
pups, if possible, or by monitoring the roost after the adults leave for the night
to listen for bat pups. If the roost is determined to not be a maternal roost, then
the bats will be evicted as described under (b) below. Because bat pups cannot
leave the roost until they are mature enough, eviction of a maternal roost
cannot occur during the nursery season. Therefore, if a maternal roost is
present, a 50-foot buffer zone (or different size if determined in consultation
with the CDFW) will be established around the roosting site within which no
construction activities including tree removal or structure disturbance will occur
until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for
removal or on any structures scheduled to be disturbed by project activities, the
individuals will be safely evicted, under the direction of a qualified bat biologist.
If pre-construction surveys determine that there are bats present in any trees to
be removed, exclusion structures (e.g. one-way doors or similar methods) shall
be installed by a qualified biologist. The exclusion structures shall not be placed
until the time of year in which young are able to fly, outside of the nursery
season. Information on placement of exclusion structures shall be provided to
the CDFW prior to construction.
If needed, other methods conducted under the direction of a qualified bat
biologist could include: carefully opening the roosting area in a tree or snag by
hand to expose the cavity and opening doors/windows on structures, or creating
openings in walls to allow light into the structures. Removal of any trees or
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snags and disturbance of any structures will be conducted no earlier than the
following day (i.e., at least one night will be provided between initial roost
eviction disturbance and tree removal/structure disturbance). This action will
allow bats to leave during dark hours, which increases their chance of finding
new roosts with a minimum of potential predation.
16. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within
a 50-meter radius of the find will be halted, the Community Development
Director will be notified, and an archaeologist will be retained to examine the
find and make appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be
notified. The Coroner will determine whether or not the remains are Native
American. If the Coroner determines the remains are not subject to his
authority, he will notify the Native American Heritage Commission, who shall
attempt to identify descendants of the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not
a significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring
are accepted. Provisions for identifying descendants of a deceased Native
American and for reburial will follow the protocol set forth in CEQA Guidelines
Section 15064.5( e). If the site is found to be a significant archaeological site, a
mitigation program will be prepared and submitted to the Community
Development Director for consideration and approval, in conformance with the
protocol set forth in Public Resources Code Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant
archaeological site, and/or when Native American remains are found on the site.
The final report will include background information on the completed work, a
description and list of identified resources, the disposition and curation of these
resources, any testing, other recovered information, and conclusions.
17. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final locations
and screening of all exterior utilities, including but not limited to, backflow preventers,
Fire Department connections, transformers, utility boxes and utility meters. Utility
devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval prior to issuance of
building permits for new construction.
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18. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to
whichever is more restrictive.
19. GENERAL PROVISIONS. This Planned Development shall comply with provisions in
Article V of Chapter 29 Town Code, unless more restrictive provisions are required in
other performance standards for the subject Planned Development.
Building Division
20. PERMITS REQUIRED: A Building Permit is required for the construction of the new two-
story commercial building. An additional Building Permit is required for the renovation
of the existing single-story commercial building.
21. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California
Code of Regulations Title 24, Parts 1-12. The Town of Los Gatos will be adopting the
updated 2019 California Building Standards Code to be effective January 1, 2020. Any
Building Permit application made after January 1, 2020 will be required to comply with
the newly updated and adopted codes.
22. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be
prepared and submitted with the building permit application detailing how the
Conditions of Approval will be addressed.
23. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the
Building Division prior to submitting for the building permit application process.
24. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”,
maximum size 30” x 42”.
25. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management District
Application from the Building Department Service Counter. Once the demolition form
has been completed, all signatures obtained, and written verification from PG&E that all
utilities have been disconnected, return the completed form to the Building
Department Service Counter with the Air District’s J# Certificate, PG&E verification, and
three (3) sets of site plans showing all existing structures, existing utility service lines
such as water, sewer, and PG&E. No demolition work shall be done without first
obtaining a permit from the Town.
26. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
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recommended basic construction measures shall be included in the project’s grading
plan, building plans, and contract specifications:
a. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 2 minutes. Clear signage shall be
provided for construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked
by a certified visible emissions evaluator. All non-road diesel construction
equipment shall at a minimum meet Tier 3 emission standards listed in the Code
of Federal Regulations Title 40, Part 89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written
notification of construction schedule to adjacent residential property owners
and tenants at least one week prior to commencement of demolition and one
week prior to commencement of grading with a request that all windows remain
closed during demolition, site grading, excavation, and building construction
activities in order to minimize exposure to NOx and PM10. The on-site field
supervisor shall monitor construction emission levels within five feet of the
property line of the adjacent residences for NOx and PM10 using the
appropriate air quality and/or particulate monitor.
27. 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.
28. 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.
29. 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:
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a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
30. 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.
31. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall
be provided from public transportation stops, accessible parking and accessible
passenger loading zones and public streets or sidewalks to the accessible building
entrance that they serve. The accessible route shall, to the maximum extent feasible,
coincide with the route for the general public. At least one accessible route shall
connect all accessible buildings, facilities, elements and spaces that are on the same
site.
32. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking
is provided for the public as clients, guests or employees, shall provide handicap
accessible parking. Accessible parking spaces serving a particular building shall be
located on the shortest accessible route of travel from adjacent parking to an accessible
entrance. In buildings with multiple accessible entrances with adjacent parking,
accessible parking spaces shall be dispersed and located closest to the accessible
entrances.
33. 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.
34. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
35. 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.
36. 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
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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.
37. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
38. 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 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
Developer's expense.
39. 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.
40. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use
or occupancy of any non-residential condominium space, the buyer or the new or
existing occupant shall apply to the Community Development Department and obtain
approval for use determination and building permit and obtain inspection approval for
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any necessary work to establish the use and/or occupancy consistent with that
intended.
41. 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 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.
42. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT):
The property owner shall enter into an agreement with the Town for all existing and
proposed private improvements within the Town’s right-of-way. The Owner shall be
solely responsible for maintaining the improvements in a good and safe condition at all
times and shall indemnify the Town of Los Gatos. The agreement must be completed
and accepted by the Director of Parks and Public Works, and subsequently recorded by
the Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the
issuance of any grading or building permits. Please note that this process may take
approximately six to eight (6-8) weeks.
43. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
the Town on a yearly basis. In addition to general coverage, the policy must cover all
elements encroaching into the Town’s right-of-way.
44. PUBLIC WORKS INSPECTIONS: The 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.
45. RESTORATION OF PUBLIC IMPROVEMENTS: The 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
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replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. The restoration of all improvements
identified by the Engineering Construction Inspector shall be completed before the
issuance of a certificate of occupancy. The Developer shall request a walk-through with
the Engineering Construction Inspector before the start of construction to verify
existing conditions.
46. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction.
47. 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.
48. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be
deposited with the Engineering Division of the Parks and Public Works Department
prior to the commencement of plan check review.
49. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the
issuance of any permits.
50. 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
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.
51. PARKING: Any proposed parking restriction must be approved by The Town of Los
Gatos, Community Development Department.
52. 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
Developer.
53. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). After the preceding Architecture and Site Application has been
approved by the respective deciding body, the grading permit application (with grading
plans and associated required materials and plan check fees) shall be made to the
Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall
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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 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, located at 110 E. Main Street, is needed for grading within the building
footprint.
54. DRIVEWAY: The driveway conforms to existing pavement on both Los Gatos Boulevard
and Shannon Road shall be constructed in a manner such that the existing drainage
patterns will not be obstructed.
55. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading or building permits, the
Developer shall: a) design provisions for surface drainage; and b) design all necessary
storm drain facilities extending to a satisfactory point of disposal for the proper control
and disposal of storm runoff; and c) provide a recorded copy of any required easements
to the Town.
56. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
57. PRECONSTRUCTION MEETING: Prior to the commencement of any site work, the
general contractor shall:
a. Along with the project applicant, attend a pre-construction meeting with the
Town Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project
conditions of approval and will make certain that all project sub-contractors
have read and understand them as well prior to commencing any work, and that
a copy of the project conditions of approval will be posted on-site at all times
during construction.
58. GENERAL: The Developer shall comply with all Town, County, State and Federal laws
and regulations applicable to this land division.
59. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two (2)
copies of the legal description for exterior boundary of the merged parcel and a plat
map (8-½ in. X 11 in.) shall be submitted to the Engineering Division of the Parks and
Public Works Department for review and approval. The submittal shall include closure
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calculations, title reports less than ninety (90) days old and the appropriate fee. The
certificate shall be recorded before any grading or building permits may be issued.
60. DEDICATIONS: The following shall be dedicated by separate instrument. The dedication
shall be recorded before any permits are issued:
a. Public Utility Easement (PUE): Five (5) feet wide, along to the property’s Los
Gatos Boulevard and Shannon Road frontages.
b. Public Access Easement (PAE): Five (5) feet wide, along the property’s Shannon
Road frontage.
61. 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.
62. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be
conducted for the project to determine the surface and sub-surface conditions at the
site and to determine the potential for surface fault rupture on the site. The
geotechnical study shall provide recommendations for site grading as well as the design
of foundations, concrete slab-on-grade construction, drainage, on-site utility trenching
and pavement sections. All recommendations of the investigation shall be incorporated
into project plans.
63. SOILS REVIEW: Prior to Town approval of a development application, the Developer’s
engineers shall prepare and submit a design-level geotechnical/geological investigation
for review by the Town’s consultant, with costs borne by the Owner/Applicant, and
subsequent approval by the Town. The Developer’s soils engineer shall review the final
grading and drainage plans to ensure that designs for foundations, retaining walls, site
grading, and site drainage are in accordance with their recommendations and the peer
review comments. The Developer’s soils engineer must review the geotechnical
elements of all final Plans and Specifications for conformance with the
recommendations in their report and submit a Plan Review Letter which conveys their
approval to the Town prior to issuance of grading or building permits.
64. SOILS ENGINEER CONSTRUCTION OBSERVATION AND TESTING: The Developer’s soils
engineer must provide observation and testing of the geotechnical elements of the
project during construction. The results of the construction observation and testing
shall be documented in an “as-built” letter/report prepared by the Developer’s soils
engineer and submitted to the Town before a certificate of occupancy is granted.
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65. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design-level geotechnical/geological
investigation as prepared by the Developer’s engineer(s), and any subsequently
required report or addendum. Subsequent reports or addendum are subject to peer
review by the Town’s consultant and costs shall be borne by the Developer.
66. IMPROVEMENT AGREEMENT: The Owner/Applicant shall enter into an agreement to
construct public improvements in accordance with Town Code Section 24.40.020. The
Owner/Applicant shall supply suitable securities for all 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 the issuance of any encroachment,
grading or building permit. The Owner/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 executed
agreement shall be submitted to the Engineering Division of the Parks and Public Works
Department prior to the issuance of any grading or building permits.
67. WATER METER: The proposed water meters, currently shown within the Shannon Road
right-of-way, shall be located within the property in question, directly behind the public
right-of-way line. The Owner/Applicant shall repair and replace to existing Town
standards any portion of concrete flatwork within said right-of-way that is damaged
during this activity prior to issuance of a certificate of occupancy.
68. SANITARY SEWER CLEANOUT: A sanitary sewer lateral clean-out shall be installed at the
property line, if one does not already exist within one (1) foot of the property line per
West Valley Sanitation District Standard Drawing 3, or at a location specified by the
Town. The Owner/Applicant shall repair and replace to existing Town standards any
portion of concrete flatwork within said right-of-way that is damaged during this
activity prior to issuance of a certificate of occupancy.
69. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the
Developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town, and guaranteed by contract,
Faithful Performance Security and Labor & Materials Security before the issuance of any
grading or building permit or the recordation of a map. Plans for the improvements
must be approved by the Town prior to the issuance of any grading or building permits.
The improvements must be completed and accepted by the Town before the issuance
of any grading or building permits unless otherwise allowed by the Town Engineer.
a. Shannon Road
i. Curb, gutter, sidewalk, street lights, signing, striping, traffic signal, storm
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drainage and sanitary sewers along the property frontage as directed by
the Town Engineer.
ii. Remove and replace the existing pavement section along the project
frontage with a traffic-appropriate engineered structural pavement
section from centerline to the lip of gutter on the project (north) side, or
alternative pavement rehabilitation measures as approved by the Town
Engineer.
b. Los Gatos Boulevard
i. Curb, gutter, sidewalk, street lights, signing, striping, traffic signal, storm
drainage and sanitary sewers along the property frontage as directed by
the Town Engineer.
ii. Remove and replace the existing pavement section along the project
frontage with a traffic-appropriate engineered structural pavement
section from centerline to the lip of gutter on the project (east) side.
70. SHANNON ROAD SIDEWALK AND PLANTER STRIP: The project will be required to
provide a 10-foot sidewalk and 5-foot detached planter strip unless otherwise approved
by the Town Engineer along the Shannon Road frontage in accordance with the Town’s
Pedestrian and Bicycle Master Plan. The developer will provide a 5-foot wide Public
Access Easement (PAE) along the Shannon Road frontage to include the portion of the
public sidewalk that is located on private property. No right-of-way dedication or public
street easement will be required. Installation of a vertical curb at the back of walk may
be necessary to separate the pedestrian zone from the stormwater treatment area
immediately adjacent to the back of walk. Said curb will be located outside the 5-foot
PAE. The proposed 5-foot Public Utility Easement (per COA 23) will overlap with the 5-
foot PAE. Stormwater treatment will be permitted within 5 feet of the property line
provided the bio-retention areas are lined to prevent seepage into the Town’s property.
The responsible engineer in charge will provide a stamped and signed letter stating
facilities, improvements and infrastructure within the Town’s right-of-way (driveway
approach, curb and gutter, sidewalk, etc.) will not be adversely affected.
71. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final
Certificate of Occupancy until all required improvements within the Town’s right-of-way
have been completed and approved by the Town.
72. GREEN INFRASTRUCTURE MEASURES: Projects which propose work within the Town’s
right-of-way, including but not limited to pavement restoration, street widening,
construction of curb, gutter and/or sidewalk, right-of-way dedication, etc., will be
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evaluated by Staff to determine its potential for the implementation of Green
Infrastructure measures and associated improvements.
73. FRONTAGE IMPROVEMENTS: The 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), curb ramp(s), signs, pavement,
raised pavement markers, thermoplastic pavement markings, storm drain facilities,
traffic signal(s), 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.
74. GREEN BICYCLE FACILITIES: The Developer shall install green bike lanes and bike boxes
in all directions of improved streets and intersections as directed by the Town Engineer.
The improvements must be completed and accepted by the Town before a Certificate
of Occupancy for any new building can be issued.
75. ADA COMPLIANCE: The 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.
76. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain
stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact
Development (LID) treatment devices that can be integrated into required landscaping
areas and traffic islands prior to discharge into the storm drain system and/or public
right-of-way. The amount of impervious area associated with parking lots shall be
minimized by utilizing design features such as providing compact car spaces, reducing
stall dimensions, incorporating efficient parking lanes, and using permeable pavement
where feasible, and adhering to the Town’s Parking Development Standards. 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.
77. 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 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
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approval for final alignment or design of these facilities.
78. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed
subject to the following requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used.
c. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final
lift shall be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s)
shall be of three-quarter (¾) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending
their assessment of the quality of the trench paving. If required, the slurry seal
shall extend the full width of the street and shall extend five (5) feet beyond the
longitudinal limits of trenching. Slurry seal materials shall be approved by the
Town Engineering Construction Inspector prior to placement. Black sand may be
required in the slurry mix. All existing striping and pavement markings shall be
replaced upon completion of slurry seal operations. All pavement restorations
shall be completed and approved by the Inspector before occupancy.
79. SIDEWALK REPAIR: The 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.
80. CURB AND GUTTER REPAIR: The 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
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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.
81. DRIVEWAY APPROACH: The Developer shall install two (2) Town standard commercial
driveway approaches. 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.
82. CURB RAMPS: The Developer shall construct four (4) curb ramps in compliance with
ADA Standards and remove an existing curb ramp, all of which must be completed and
accepted by the Town before a Certificate of Occupancy for any new building can be
issued. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete
identified that is displaying a stamp or equal shall be removed and replaced at the
Contractor’s sole expense and no additional compensation shall be allowed therefore.
83. 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.
84. FRONTAGE IMPROVEMENTS (TRAFFIC): The Developer shall construct improvements
including and may not be limited to signage, striping, curb/gutter/sidewalk, ADA ramps,
pedestrian crosswalk, street lights, and traffic signals at the project frontage as directed
by the Town Engineer. Plans for the improvements must be approved by the Town
prior to the issuance of any grading or building permits. The improvements must be
completed and accepted by the Town before the issuance of any grading or building
permits unless otherwise allowed by the Town Engineer.
85. FRONTAGE IMPROVEMENTS (SIGNALIZED INTERSECTION): The Developer shall upgrade
existing traffic signals to current Town standards including, and may not be limited to,
LED signal indication, ADA pedestrian signal and pushbuttons, video detection system,
signal controller, fiber optic traffic communication, Emtrac fire preemption device, LED
intersection lighting as directed by the Town Engineer. Plans for the improvements
must be approved by the Town prior to the issuance of any grading or building permits.
The improvements must be completed and accepted by the Town before the issuance
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of any grading or building permits unless otherwise allowed by the Town Engineer.
86. TRAFFIC IMPROVEMENTS (OFF-SITE IMPROVEMENT): Traffic improvements may be
required as determined by the required traffic study. Construct off-site improvements
as required. Plans shall be prepared by the Developer’s design professionals and
submitted to the Town Engineer for approval prior to construction. Plans for the
improvements must be approved by the Town prior to the issuance of any grading or
building permits. The improvements must be completed and accepted by the Town
before the issuance of any grading or building permits unless otherwise allowed by the
Town Engineer.
87. TRAFFIC IMPROVEMENTS (COMPLETE STREET): The Developer shall be required to
improve the Los Gatos Boulevard/Shannon Road/Roberts Road intersection as
delineated in the Los Gatos Safe Routes to School Plan, Bicycle and Pedestrian Master
Plan and General Plan Complete Street elements. These improvements may include but
are not limited to:
a. Reduction of the northbound travel lanes on Los Gatos Boulevard between
Shannon Road and Magneson Loop from three (3) lanes to two (2).
b. Widening of the sidewalk along northbound Los Gatos Boulevard to a width of
ten (10) feet between Shannon Road and Magneson Loop and installation of
separated sidewalk, with the final configuration approved by the Town Engineer.
c. Widening of the sidewalk along westbound Shannon frontage to a width of ten
(10) feet between Los Gatos Boulevard and eastern project limits and
installation of sidewalk as a shared pedestrian/bicycle path, with the final
configuration approved by the Town Engineer.
d. Removal of the pork chop island at the northeast corner of the Los Gatos
Boulevard/Shannon Road intersection.
e. Relocation of the crosswalk across Los Gatos Boulevard from the northeast
corner of the Los Gatos Boulevard/Shannon Road intersection to the southwest
corner of the Los Gatos Boulevard/Roberts Road intersection (as determined by
the Traffic Impact Analysis).
f. A protected green bike lane along the project’s Los Gatos Boulevard frontage.
g. A minimum 40-foot curb to curb street width along the project’s Shannon Road
frontage.
Plans for the improvements must be approved by the Town prior to the issuance of any
grading or building permits. The improvements must be completed and accepted by
the Town before the issuance of any grading or building permits unless otherwise
allowed by the Town Engineer.
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88. STREET LIGHTS AND TRAFFIC SIGNAL INSPECTION FEES: The Developer shall pay
$3,000.00 for the Town’s inspection of street lights and traffic signal-related work
installed by the Developer. The fees shall be due at time of building permit application.
89. TRAFFIC SIGNAL MODIFICATION PLAN: A Traffic Signal Modification Plan is required and
must be submitted and approved prior to issuance of any grading or building permits.
This plan shall be prepared by a licensed traffic engineer.
90. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM): The Developer shall prepare
a Transportation Demand Management Plan for the Town of Los Gatos approval prior
to the issuance of ant grading or building permits. The TDM shall include measures,
including but not limited to, bicycle facility provisions, shower and clothes locker
facilities, local shuttle service, transit passes and subsidies, carpool incentive,
designated car share parking, and other measures that may be required by the Town
Engineer. The TDM shall also include a TDM coordinator and identify the requirement
for an annual TDM effectiveness report to the Town of Los Gatos.
91. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts
than those assumed in the traffic study report may require an updated traffic study in
accordance with the Town’s Traffic Impact Policy.
92. 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 amount based on the current resolution is $311,550.00.
The fee shall be paid before issuance of any building permits. The final traffic impact
mitigation fee for this project will be based upon the Town Council resolution in effect
at the time the building permit is issued, 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), and shall be paid
before issuance of a building permit.
93. 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.
94. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved prior to the issuance of an Encroachment, Grading or Building Permit. This
plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, special events, and other
projects in the area. The schools located on the haul route shall be contacted to
help with the coordination of the trucking operation to minimize traffic
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disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic
flow. All flag persons shall have the capability of communicating with each
other to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and
emergency services shall be made regarding one-way operation, specifying
dates and hours of operation.
95. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted
for review and approval by the Town Engineer prior to the issuance of an
Encroachment, Grading or Building Permit.
96. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
97. 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 an Encroachment, Grading or 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 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.
98. CONSTRUCTION HOURS: All construction activities, including the delivery of
construction materials, labors, heavy equipment, supplies, etc., shall be limited to the
hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and
holidays. The Town may authorize, on a case-by-case basis, alternate construction
hours. The Developer shall provide written notice twenty-four (24) hours in advance of
modified construction hours. Approval of this request is at discretion of the Town.
99. 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
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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.
100. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of an Encroachment,
Grading or Building Permit, the Developer’s design professional shall submit a
construction management plan sheet (full-size) within the plan set that shall
incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project
Schedule, site security fencing, employee parking, construction staging area, materials
storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse
locations. Please refer to the Town’s Construction Management Plan Guidelines
document for additional information. In addition, the developer shall submit a
construction traffic flow map with estimation of construction vehicle volumes, flow
patterns, and schedule of operation.
101. WVSD (West Valley Sanitation District): A Sanitary Sewer Clean-out is required for each
property at the property line, within one (1) foot of the property line per West Valley
Sanitation District Standard Drawing 3, or at a location specified by the Town.
102. STORMWATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more
which are part of a larger common plan of development which disturbs less than one
(1) acre are required to obtain coverage under the construction general permit with the
State Water Resources Control Board. The Developer is required to provide proof of
WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP)
on the construction site and shall be made available to the Town of Los Gatos
Engineering Division of the Parks and Public Works Department and/or Building
Department upon request.
103. BEST MANAGEMENT PRACTICES (BMPs): The 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.
104. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the stormwater development runoff requirements. The
Developer shall submit a stormwater control plan and implement conditions of
approval that reduce stormwater pollutant discharges through the construction,
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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.
105. 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..
106. SITE DESIGN MEASURES: All projects shall incorporate at least one (1) of the following
measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
107. BIORETENTION SYSTEM: The bioretention systems shall be designed to have a surface
area no smaller than what is required to accommodate a 5 inches/hour stormwater
runoff surface loading rate, infiltrate runoff through bioretention soil media at a
minimum of 5 inches per hour, and maximize infiltration to the native soil during the
life of the project. The soil media for bioretention systems shall be designed to sustain
healthy, vigorous plant growth and maximize stormwater runoff retention and
pollutant removal. Bioretention soil media that meets the minimum specifications set
forth in Attachment L of Order No. R2-2009-0074, dated November 28, 2011, shall be
used.
108. 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.
109. LANDSCAPING: In finalizing the landscape plan for the bioretention basins, it is
recommended that the landscape architect ensure that the characteristics of the
selected plants are similar to those of the plants listed for use in bioretention areas in
Appendix D of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP) C.3 Stormwater Handbook.
110. LANDSCAPE MAINTENANCE AGREEMENT: The Developer shall enter into a Landscape
Maintenance Agreement with the Town of Los Gatos in which the Developer agrees to
maintain the vegetated areas along the project’s Los Gatos Boulevard and Shannon
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Road frontages located within the public right-of-way. The agreement must be
completed and accepted by the Town Attorney prior to the issuance of any grading or
building permits unless otherwise allowed by the Town Engineer.
111. 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.
112. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing
dust shall be watered as often as deemed necessary by the Town, or a minimum of
three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control
of blowing dust for the duration of the project. Watering on public streets shall not
occur. Streets shall be cleaned by street sweepers or by hand as often as deemed
necessary by the Town Engineer, or at least once a day. Watering associated with on-
site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and
shall include at least one (1) late-afternoon watering to minimize the effects of blowing
dust. All public streets soiled or littered due to this construction activity shall be
cleaned and swept on a daily basis during the workweek to the satisfaction of the Town.
Demolition or earthwork activities shall be halted when wind speeds (instantaneous
gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling soil, sand, or other
loose debris shall be covered.
113. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
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recommended basic construction measures shall be included in the project’s grading
plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day, or otherwise
kept dust-free.
b. All haul trucks designated for removal of excavated soil and demolition debris
from site shall be staged off-site until materials are ready for immediate loading
and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site
shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be
staged in areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day, or as deemed
appropriate by Town Engineer. The use of dry power sweeping is prohibited.
An on-site track-out control device is also recommended to minimize mud and
dirt-track-out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per
hour.
g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at
the lead agency regarding dust complaints. This person shall respond and take
corrective action within forty-eight (48) hours. The Air District’s phone number
shall also be visible to ensure compliance with applicable regulations.
i. All excavation, grading, and/or demolition activities shall be suspended when
average wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be
planted in disturbed areas as soon as possible and watered appropriately until
vegetation is established.
114. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building 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
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Public Works Department, and approved for implementation.
115. 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.
116. 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
stormwater treatment facilities are to be used they shall be placed a minimum of ten
(10) feet from the adjacent property line and/or right-of-way. Alternatively, the
facilities may be located with an offset between 5 and 10 feet from the adjacent
property and/or right-of-way line(s) if the responsible engineer in charge provides a
stamped and signed letter that addresses infiltration and states how facilities,
improvements and infrastructure within the Town’s right-of-way (driveway approach,
curb and gutter, etc.) and/or the adjacent property will not be adversely affected. No
improvements shall obstruct or divert runoff to the detriment of an adjacent,
downstream or down slope property.
117. STORM WATER MANAGEMENT PLAN: A storm water management shall be included
with the grading permit application. 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.
118. 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.”
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119. 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:
120. http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL.
121. 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.
122. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor 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.
123. GREASE TRAPS: The Developer shall meet all requirements of the Santa Clara County
Health Department and West Valley Sanitation District for the interception, separation
or pretreatment of effluent.
124. GREASE INTERCEPTOR: Food service facilities (including restaurants and grocery stores)
shall have a sink or other area for cleaning floor mats, containers, hood filters and
equipment that is connected to a grease interceptor prior to discharging into the
sanitary sewer system. The cleaning area shall be large enough to clean the largest mat
or piece of equipment to be cleaned and shall be plumbed to the sanitary sewer
whether it is located indoors or is a covered outdoor area.
125. 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
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.
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126. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Prior to the issuance of an
Encroachment, Grading or Building Permit, the Developer shall initiate a weekly
neighborhood email notification program to provide project status updates. The email
notices shall also be posted on a bulletin board placed in a prominent location along the
project perimeter.
127. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
128. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
129. FIRE SPRINKLERS REQUIRED: Noted on page A0.0 of the plans for the new building.
Approved automatic sprinkler systems in new and existing buildings and structures shall
be provided in the locations described in this Section or in Sections 903.2.1 through
903.2.19 whichever is the more restrictive. For the purposes of this section, firewalls
and fire barriers used to separate building areas shall be constructed in accordance with
the California Building Code and shall be without openings or penetrations. In other
than residential buildings which require the installation of fire sprinklers for all new
buildings according to the California Residential Code, an automatic sprinkler system
shall be provided throughout all new buildings and structures. CRC Sec. 903.2 as
adopted and amended by LGTC.
130. TURN RADIUS (CIRCULATING): The minimum outside turning radius is 42 feet for
required access roadways. Greater radius up to 60 feet may be required where the Fire
Department determines that Ladder Truck access is required. Circulating refers to travel
along a roadway without dead ends. Identify the above required turn radius entering
the site from Shannon and Los Gatos Blvd.
131. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved
alternative methods of protection are provided. Temporary street signs shall be
installed at each street intersection when construction of new roadways allows passage
by vehicles in accordance with Section 505.2 CFC Sec. 501.4.
132. EMERGENCY RADIO RESPONDER COVERAGE: Emergency responder radio coverage in
new buildings. All new buildings shall have approved radio coverage for emergency
responders within the building based upon the existing coverage levels of the public
Page 30 of 31
safety communication systems of the jurisdiction at the exterior of the building. This
section shall not require improvement of the existing public safety communication
systems. Refer to CFC Sec. 510 for further requirements.
133. FIRE ALARM REQUIREMENTS: Refer to CFC Sec. 907 and the currently adopted edition
of NFPA 72.
134. THIS TWO WAY COMMUNICATION SYSTEM: Two-way communication systems shall be
designed and installed in accordance with NFPA 72 (2016 edition), the California
Electrical Code (2013 edition), the California Fire Code (2016 edition), The California
Building Code (2016 edition), and the city ordinances where two way system is being
installed, policies, and standards. Other standards also contain design/installation
criteria for specific life safety related equipment. These other standards are referred to
in NFPA 72.
135. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and out Standard Detail and Specification SI-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project.
CFC Chp. 33.
136. 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.
137. 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 forting 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
Page 31 of 31
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.
SECTION VII
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on __________, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on __________, and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
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