Item 5 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – July 10, 2019
CONDITIONS OF APPROVAL FOR:
16100 Greenridge Terrace
Subdivision Application M-19-004
Requesting approval for a subdivision of one lot into eight lots on property zoned HR-
2½:PD. APN 527-12-002
PROPERTY OWNER: Emerald Lake Investments LLC
APPLICANT: Hanna & Brunetti
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC or the Planning Commission depending on the scope of the changes.
2.EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3.COMPLIANCE WITH PLANNED DEVELOPMENT ORDINANCE 2281: The project shall be
completed in accordance with all of the applicable performance standards contained
within Planned Development Ordinance 2281.
4.BELOW MARKET PRICE (BMP) IN-LIEU FEE. A Below Market Price (BMP) in-lieu fee shall be
paid by the property owner/developer pursuant to Town Code Section 29.10.3025 and
any applicable Town Resolutions. The fee amount shall be based upon the Town Council
fee resolution in effect at the time a final or vesting tentative map is approved.
5.PROJECT CC&R’s. CC&R’s shall be provided with the Final Map application and shall
address the following:
a.Maintenance of private roadway
b.Maintenance of landscaping adjacent to the private road
c.Maintenance of storm drain system
d.Maintenance of public open space
e.Maintenance of scenic easements
f.Maintenance of public trail
g.Landscape guidelines (shall be compliant with the Hillside Development Standards and
Guidelines, EIR, and safe fire protocol).
6.FINAL CC&R’s. Final CC&R’s shall be approved by the Town Attorney and recorded prior
to the recording of the Final Map. The CC&R’s shall include provisions for traffic
circulation, vehicle parking enforcement procedures, landscaping, exterior lighting, and
fencing restrictions.
7.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.
EXHIBIT 3
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
8. PRIOR APPROVALS: All conditions per prior approvals shall be deemed in full force and
affect for this approval.
9. FINAL MAP: A final map shall be recorded. Two (2) copies of the final map shall be
submitted to the Engineering Division of the Parks and Public Works Department for
review and approval. Submittal shall include closure calculations, title reports and the
appropriate fee. The map shall be recorded prior to the issuance of any grading or
building permits. The Applicant/Subdivider shall provide the Engineering Division with an
electronic copy (in PDF format) and two hardcopies of the signed recorded map along
with a CAD drawing of the Parcel Map after it is recorded.
10. PRIVATE UTILITIES–STREET: Prior to the recordation of a subdivision map the
Applicant/Developer/Subdivider shall place a note on the final map, in a manner that
meets the approval of the Town Engineer that states: "The private streets, utilities
constructed within this map shall be owned, operated and maintained by the Developer,
successors or assigns.”
11. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of
involved parties shall accompany any proposed private easement. Access driveway shall
be within the recorded access easement. A new private access easement 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 issuance of building permit or
realigned access driveway shall be completed prior to the issuance of building permit.
12. DEDICATIONS: The following shall be dedicated on the final by separate instrument. The
dedication shall be recorded before any grading or building permits are issued:
a. Scenic Easement: Scenic Easements lying in, on, over, under and along those portions
of the land so designated shall be kept open and free of buildings and structures of
any kind except for lawful driveways, trails, utilities and associated infrastructure. No
activity or use shall be conducted in said Scenic Easement which is not compatible
with maintaining and preserving the natural or scenic character of the land. The Scenic
Easements shall be maintained by the owner of each respective lot.
b. Open Space Easement: Open Space Easements lying in, on, over, under and along
those portions of the land so designated shall be kept open and free of buildings and
structures of any kind except for lawful trails, utilities and associated infrastructure.
No activity or use shall be conducted in said Open Space Easement which is not
compatible with maintaining and preserving the natural or scenic character of the
land. The Open Space Easements shall be maintained by the Homeowner's
Associations.
13. QUITCLAIM OF EASEMENTS: The Owner, Applicant and/or Developer has/have indicated
that right-of-way for ingress/egress and utilities public service easements and slope
easements are to be vacated. This abandonment shall be recorded, and a copy of the
recorded quitclaim shall be submitted to the Engineering Division of the Parks and Public
Works Department, prior to issuance of building permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
14. FIRE DEPT. APPARATUS ACCESS ROADWAYS: (As noted on Sheets 3, 4 and 5) In all cases,
the minimum requirements are found in the currently adopted edition of the California
Fire Code Sec. 503, as amplified in the SCCFD SD&S A-1. All such roadways shall be a
minimum 20 feet in width, a minimum vertical clearance of 13' 6", maximum grade of
15%, with a minimum circulating outside radius of 42'. All such roadways shall be capable
of supporting a maximum imposed load of 75,000 pounds and where a bridge or an
elevated surface is part of a fire apparatus access road, the bridge shall be constructed
and maintained in accordance with AASHTO HB-17. Please note that further review of the
proposed driveways, to include slope and width, will be completed at time of
development.
15. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-
Urban Interface Fire Area. The building construction shall comply with the provisions of
Section R327 of the California Residential Code or the California Building Code (CBC)
Chapter 7A., as applicable. Please note that vegetation clearance shall be in compliance
with CBC Section 701A.3.2.4 prior to project development final approval. Check with the
Planning Department for related landscape plan requirements upon parcel development.
16. FIRE HYDRANTS AVAILABLE: (As noted on Sheet 5) The number of fire hydrants available
to a complex or subdivision shall not be less than that determined by spacing
requirements listed in CFC Table C105.1 when applied to fire apparatus access roads and
perimeter public streets from which fire operations could be conducted. Existing fire
hydrants on public streets are allowed to be considered as available. The average spacing
between fire hydrants shall not exceed that listed in Table C105. Hydrants shall be a
maximum of 500 feet from each other, as measured along the curb line. Fire protection
water supplies shall be subject to approval by this office and shall comply with locally
adopted Standards and CFC Sec. 507. Please note that proposed hydrant spacing along
the roadway appears to be compliant, however further information regarding hydrants on
Largo Vista Drive which appears to be the initial access for Lot 1 will need to be provided
at time of development.
17. FIRE HYDRANT SYSTEMS REQUIRED: Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant
on a fire apparatus access road, as measured by an approved route around the exterior of
the facility or building, on-site fire hydrants and mains shall be provided where required
by the fire code official. Exception: For Group R-3 and Group U occupancies, equipped
throughout with an approved automatic sprinkler system installed in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Please note that the maximum distance of 600
feet may be exceeded for lots 1 and 2, and will be reviewed upon final roadway review
and parcel development. [CFC, Section 507.5.1]
18. TURNING RADIUS (CUL-DE-SACS): (As noted on Sheet 4) The minimum outside turning
radius is 36 feet. Use of cul-de-sacs is not acceptable where it is determined by the Fire
Department that Ladder Truck access is required, unless greater turning radius is
provided. Cul-De-Sac Diameters shall be no less than 72 feet. CFC Sec. 503. The proposed
cul-de-sacs appear to be compliant and will be further reviewed at time of development.
19. EMERGENCY ACCESS/DRIVEWAYS: The minimum clear width of fire department access
roads shall be 20 feet. Modifications to the design or width of a fire access road, or
additional access road(s) may be required when the fire code official determines that
access to the site or a portion thereof may become compromised due to emergency
operations or nearby natural or manmade hazards (flood prone areas, railway crossings,
bridge failures, hazardous material-related incidents, etc.). The vertical clearance shall be
in accordance with the Fire Code, 13 feet, 6 inches. Please note that access driveway
review will be completed upon parcel development.
20. GENERAL: Please note that all new structures will be required to install fire sprinklers.
Specific requirements will be provided upon submittal of proposed construction plans CRC
313.2 as adopted and amended by LGTC. 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
advance. [CFC, Ch.1, 105.3.6]
N:\DEV\CONDITIONS\2019\Greenridge Terrace, 16100 (TM) - PC COA.docx